USE OF WEBSITE - Terms and Conditions

1. The website’s purpose

These general conditions of use of the services offered at URL www.occidentalhotels.com/es (henceforth the website) are subscribed by OCCIDENTAL HOTELES MANAGEMENT, S.L. (henceforth OHM) and, on the other hand, by the USER.

OHM is the owner of said URL, its domicile at C/ José Abascal No. 58, 6ª planta, 28010-Madrid, its Tax ID No. B28775997, entered in the Business Register of Madrid at Volume 1952, Folio 102, Page M-34930. Its telephone number is 0034 91 395 97 00 and email info@oh-es.com .

OHM is a company whose main activity is hotel service management.

OHM allows USERS access to and the use of the various services and contents, facilitating the USER information and data (henceforth the Contents) via its website, which may be provided both by OHM and by individual and/or corporate third parties.

Access to the OHM website is free, notwithstanding contracting services subject to special conditions indicated on the website.

A USER accessing the OHM website is familiar with and accepts the general conditions contained herein of each version of the website offered, and any modifications thereto, which users must periodically access to be familiar with them.

2. Website access

Access by USERS to the OHM website implies no obligation or guarantee on OHM’s part.

To access the website, the USER must have an Internet access, pay the associated access and connection charges and have the equipment and computer systems necessary to connect to the Internet, including a Terminal appropriate for the purposes (computer, telephone, etc.) and a modem or other analogous or similar access device. OHM declines any responsibility for the correct operation of this equipment or for rights of use or licences required to use them.

For correct access to and use of certain Portal contents and services, it may be necessary to download computer programmes or other logic elements onto your computer equipment. Such installation is charged to the USER, and OHM declines any liability arising therefrom.

OHM hereby reserves the right to suspend and cancel access and to modify, limit or cancel all or any of the terms and conditions applicable to the website, giving prior notice by introducing a pop-up window to open automatically on accessing the page. The quality and speed of website access is not OHM’s responsibility, and the user may not claim any indemnification for damages and losses.

OHM’s service through its website is for an indefinite period and it may terminate provision of this service at any time, without justified cause or reason, and without notice.

OHM is not liable for any anomaly, malfunction, deterioration, elimination of data or software caused in the users’ equipment or systems as a direct or indirect consequence of access or an attempt to access its website.

3. The website content

Spanish is the language used by OHM on the website, notwithstanding use of national or regional languages, freely and without notice. OHM accepts no liability for user’s failure to comprehend or understand the website language, nor the consequences thereof.

OHM may modify the content without prior notice and eliminate and change it within the website, and accepts no liability for any consequences affecting users.

This entire website – text, images, trademarks, graphics, logotypes, buttons, software archives, colour combinations, along with the structure, selection, ordering and presentation of its content – are protected by Intellectual and Industrial Property Law.

Thus, all website industrial and intellectual property rights and those for its content are the property of OHM and, as applicable, third parties. Any use of the website or its content must be exclusively individual in nature. Any other use involving copying, reproduction, distribution, transformation, public communication or any other similar action of all or part of the website content and of the website is hereby exclusively reserved to OHM, so that no user may perform such actions without prior, written authorisation from OHM or the third party owner of the intellectual or industrial property rights.

The use of part or all of the content to promote, sell, contract or disclose publicity or information on third parties without OHM’s authorisation is prohibited, or to deliver publicity or information making use to these ends of the services or information made available to users, irrespective of whether or not such use is free.

Use may not be made of the trademark or commercial names or any other identifying sign subject to intellectual or industrial property rights without prior, express, written clearance from the owner.

Links or hyperlinks incorporating directions to this website may not directly or indirectly contain false, inexact or confusing indications, and must only access the pages, which may not be copied or reproduced wholly or in part, or commit unfair or illicit acts against OHM, or make any affirmation or commit any action which may lead to error or confusion for the person accessing via the website hyperlink. Hyperlinks may not be incorporated to the website which are not limited solely and exclusively to access to the main or home page; nor may the OHM website (frames) or hyperlinks accessible through it be reproduced fully or in part on another website.

Any action preventing or impairing user access to the website is prohibited, as are hyperlinks to third party services and contents offered on the web and, specifically, use of OHM as meta tag, or using it in any way to attract users to websites other than this one, or to obstruct or dissuade use hereof.

OHM declines all responsibility for the reliability and speed of hyperlinks incorporated from other sites to its website and does not guarantee the utility of the website for its links to others, nor does it accept responsibility for the contents or services a user may access via such links, nor that they operate properly.

OHM declines all responsibility for viruses or other computer programmes which do or may cause deterioration of users’ systems or computer equipment in accessing its website or other websites accessed through OHM website links.

4. Website users

Users accessing the OHM website must do so according to the law, morals, good customs and public order, and undertake at all times not to access the website and the contents in a manner other than as established and/or for ends which are illicit, which infringe the rights and freedoms of third parties, or which may damage, harm, saturate or slow the website to the detriment of OHM or third party users. Users may not copy, distribute, divulge, transform, modify or manipulate the contents.

OHM does not have on its website products or services available to users which enable them to introduce any content or information such as news groups, chats, personal websites or others of similar character. OHM does however have on its website an email service available to users to enable them to contact OHM, so that said users hereby undertake to use said email service in accordance with the law, practice and customs, and public order. When using products and services where they provide information or content, users shall not attack fundamental rights and public freedoms, nor shall they incite or promote demonstrations or criminal, xenophobic, or terrorist acts or those which are degrading for reasons of sex, race, religion or beliefs, nor shall they disclose pornographic contents or services or justify violence.

User access to the website content is entirely the user’s responsibility and no consequence may be assigned to OHM arising directly or indirectly from access to the website, in the physical, logical, moral or personal realms. OHM may claim liability for users misusing the website, causing damage or loss to third parties, and for possible viruses or computer programmes which may be introduced, generated, housed on the website and which do or may cause deterioration in both content and its correct operation, along with website users’ equipment, systems and programmes.

OHM may proceed against users in any claims, indemnification, fines or administrative sanctions imposed upon it and which are the direct or indirect responsibility of a user introducing content or using a website service without due diligence.

A user aware of any action which causes or may cause the deterioration of the proper operation of the OHM website or modify or alter its contents must notify OHM to the effect.

OHM hereby reserves the right to use so-called “cookies” in any access to the website. It will however inform USERS that it is possible to reject such use, at their computer terminal. For further information, users may consult cookies policy, along with privacy policy.

Both USER and OHM hereby undertake to use the Services in accordance with the Policy of Unconsented Publicity, particularly hereby undertaking as follows:

USERs suffering loss from receipt of unsolicited messages addressed to large numbers of persons may notify OHM accordingly, delivering a message to the email account info@oh-es.com.

5. Minors

Minors must seek and secure permission from their parents, guardian or legal representative before being able to access the services and/or contents incorporated into the website. Access to and use of the portal by unauthorised minors is prohibited.

OHM informs you that there are computer programmes which make it possible to filter and block access to certain contents and services so that parents for example may decide which website content and services their children may and may not access.

6. Privacy Policy

Users accessing the OHM website who wish to obtain information about OHM’s website privacy policy may visit OHM’s Privacy Policy set up for the purposes on this website.

7. Jurisdiction

These conditions are subject to the current Spanish legislation. For any controversy arising from use of the services offered or the website content, the parties hereby accept these Conditions and submit to the Courts of Madrid City (Spain).