Allgemeine Geschäftsbedingungen

1. Legal information and acceptance

In compliance with article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the identification data of the company are set out below. This website is made available to users, our data are:

• Company Name: Balcón de Europa S.A.
• Tax ID (CIF): A-29.005.097
• Registered Office: Paseo Balcón de Europa, núm. 1 29780 Nerja Málaga
• Phone: +34 952 52 08 80
• Email: dpo@hotelbalconeuropa.com
• Commercial Registry Data: Commercial Registry of Málaga, Volume 4135, Book 3046, Folio 24, Section 8, Sheet MA86697
• Tourism Registration H/MA/00484 DPO dpo@hotelbalconeuropa.com (same address as above)
• Administrative Authorizations
• Hotels (Registration in R.T.A (Andalusian Registry of Tourism, Ministry of Tourism, Trade and Sport)): Tourism Registration: H/MA/00484

This legal notice collects the general conditions that govern access and use of this website, hereinafter referred to as “the website.” The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the particular conditions that may apply to some specific services on the website.

Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted.

The use of the Portal attributes the status of user of the Portal (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time he/she intends to use the Portal, as this and its conditions of use set out in this Legal Notice may undergo modifications.

Some Portal services accessible to Internet users or exclusive to Balcón de Europa, S.A clients may be subject to specific conditions, regulations, and instructions that, where applicable, replace, supplement, and/or modify this Legal Notice and must be accepted by the User before the corresponding service is provided.

2. Intellectual and industrial property

This website and the content it hosts are protected by current legislation on intellectual property.

Balcón de Europa, S.A is the owner or licensee of all the intellectual and industrial property rights of its website, as well as the elements contained therein.

Therefore, the reproduction, distribution, public communication, and transformation of all or part of the content of this website, for commercial purposes, on any support and by any technical means, without the authorization of Terms and Conditions is expressly prohibited.

The trademarks, trade names, or distinctive signs are the property of Balcón de Europa, S.A, either by industrial or intellectual property, without it being understood that access to the Portal attributes any rights to said trademarks, trade names, and/or distinctive signs. The registered trademarks are as follows:

• Spanish Trademark: Hotel Playa Balcón de Europa HOTEL IN NERJA SINCE 1963
• File: M4044041
• File: M2045518
• File: M3537071
• Date of Registration: 2019-11-19
• Spanish Trademark: BE BALCON DE EUROPA, S.A. BADESA
• Date of Registration: 1996-08-30
• Spanish Trademark: BE HOTEL BALCON DE EUROPA
• Date of Registration: 2014-11-18
• Spanish Trademark: BALCON DE EUROPA, S.A. BADESA
• File: N0209738
• Date of Registration: 1996-08-30

All products and services on these pages that are NOT owned by Balcón de Europa, S.A are registered trademarks of their respective owners and are recognized as such by our company. They only appear on the Balcón de Europa, S.A website for promotional and informational purposes. These owners may request the modification or deletion of the information that belongs to them.

3. Portal usage terms

3.1 General

The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to Balcón de Europa, S.A or to third parties for any damages and losses that may be caused as a result of the breach of said obligation.

The use of the Portal for purposes damaging to the assets or interests of Balcón de Europa, S.A, or third parties, or in any way overloading, damaging, or disabling the computer networks, servers, and other computer equipment (hardware) or products and computer applications (software) of Balcón de Europa, S.A or third parties is expressly prohibited.

3.2 Contents

The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations, and instructions that may apply in accordance with clause 1.

Merely for illustrative purposes, the User must refrain from:

• Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Contents, except in the cases authorized by law or expressly consented to by Balcón de Europa, S.A or by the rights holder, as applicable.
• Reproducing or copying for private use the Contents that may be considered Software or Databases in accordance with current intellectual property laws, as well as their public communication or provision to third parties when these acts necessarily involve reproduction by the User or a third party.
• Extracting and/or reusing all or a substantial part of the Contents of the Portal, as well as the databases made available by Balcón de Europa, S.A to Users.

3.3 Introduction of links to the Portal

Internet users who wish to introduce links from their own web pages to the Portal must comply with the following conditions, and ignorance of these conditions does not exempt them from the responsibilities arising from the Law:

The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copying texts, graphics, etc).

It is in any case prohibited, in accordance with the applicable and current legislation at all times, to establish frames of any kind that wrap around the Portal or allow the display of the Contents through Internet addresses other than those of the Portal, and in any case, when viewed together with third-party content so that: (I) it causes, or may cause, error, confusion, or deception among users about the true origin of the service or Contents; (II) constitutes an act of unfair comparison or imitation; (III) serves to take advantage of the brand reputation and prestige of Balcón de Europa, S.A; or (IV) is otherwise prohibited by applicable law.

No false, inaccurate, or incorrect statements about Balcón de Europa, S.A, its partners, employees, customers, or the quality of the services it provides will be made on the page that introduces the link.

In no case will it be expressed on the page where the link is located that Balcón de Europa, S.A has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies, or supervises the services of the sender.

The use of any denominative, graphical, or mixed trademark or any other distinctive sign of Balcón de Europa, S.A within the sender’s page is prohibited, except in cases permitted by law or expressly authorized by Balcón de Europa, S.A, and always in these cases, a direct link to the Portal is allowed in the manner established in this clause.

The page that establishes the link must comply strictly with the law and may not in any case have its own contents or link to or with third-party content that: (I) are illegal, harmful, or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induce or may induce the User to the false conception that Balcón de Europa, S.A endorses, supports, adheres to, or in any way supports the lawful or unlawful ideas, statements, or expressions of the sender; (III) are inappropriate or irrelevant to the activity of Balcón de Europa, S.A given the location, content, and subject matter of the sender’s website.

4. Disclaimer

4.1 Of the Information

Balcón de Europa, S.A is not responsible for decisions made based on the information provided on the Portal or for damages and losses incurred by the User or third parties as a result of actions based solely on the information obtained on the Portal.

4.2 Quality of service

Access to the Portal does not imply any obligation on the part of Balcón de Europa, S.A to control the absence of viruses, worms, or any other harmful computer elements. It is the User’s responsibility, in any case, to have adequate tools for the detection and disinfection of harmful computer programs.

Balcón de Europa, S.A is not responsible for the damages caused to the computer equipment of Users or third parties during the provision of the Portal service.

4.3 Service availability

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks, whose reliability, quality, continuity, and operation are not the responsibility of Balcón de Europa, S.A. Therefore, services provided through the Portal may be suspended, canceled, or inaccessible, either prior to or simultaneously with the provision of the Portal service.

Balcón de Europa, S.A is not responsible for any damages or losses of any kind incurred by the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Portal service during its provision or prior to it.

4.4 Of the contents and services linked through the Portal

The access service to the Portal includes technical linking devices, directories, and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Balcón de Europa, S.A acts as a service provider of intermediation in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI), and will only be liable for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of their unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify Balcón de Europa, S.A in accordance with the procedure and effects set out in clause 6, without this communication in any case implying the obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the owners or holders thereof, nor the recommendation, promotion, or identification of Balcón de Europa, S.A with the statements, content, or services provided.

Balcón de Europa, S.A is not aware of the contents and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, obsolescence, unavailability, error, and uselessness of the contents and/or services of the Linked Sites, or for any other damage not directly attributable to Balcón de Europa, S.A.

5. Data protection

You can consult our Data Protection Policy to learn about the use we make of your personal data.

6. Communication of illegal and inappropriate activities

In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illegal, harmful, degrading, violent, or contrary to morality, they may contact Balcón de Europa, S.A indicating the following:

• Personal data of the complainant: name, address, telephone number, and email address;
• Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
• In the event of a violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the complainant.
• They must also provide evidence proving the legitimacy of the owner of the rights and, where appropriate, of the representative to act on behalf of the owner when the complainant is a different person;
• Express declaration that the information contained in the claim is accurate.

Receipt by Balcón de Europa, S.A of the communication provided for in this clause will not imply, in accordance with the LSSI, effective knowledge of the activities and/or content indicated by the complainant.

They must also provide evidence proving the legitimacy of the owner of the rights and, where appropriate, of the representative to act on behalf of the owner when the complainant is a different person; Express declaration that the information contained in the claim is accurate.

7. Notifications

All notifications and communications made by the parties will be valid in accordance with the means accepted by law. Those related to this Portal will be considered effective, for all purposes, if made through the Portal itself.

8. Modifications

Balcón de Europa, S.A reserves the right to make the modifications it deems appropriate to its website without prior notice, being able to change, delete, or add both the contents and services provided through it and the way in which they are presented.

On the other hand, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.

9. Social Media

Balcón de Europa, S.A is present on various social networks and platforms. Therefore, when accessing any of these or other networks, it must be taken into account that the applicable terms of use are those established by each platform, in which Balcón de Europa, S.A does not intervene.

10. Legislation

This Legal Notice is governed in all its aspects by Spanish law. If the applicable law allows for a waiver of the established legal jurisdiction, the courts of Marbella are designated as the jurisdiction to settle any disputes, with the user expressly waiving any other jurisdiction that may apply.

Online dispute resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.