Legal Notice

Hotel Balcón de Europa

1. Legal information and acceptance

In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company are as follows. This website is made available to users, here are our details:

  • Corporate Name: Balcón de Europa S.A.
  • VAT Number: A-29.005.097
  • Registered Office: Paseo Balcón de Europa, no. 1 29780 Nerja Málaga
  • Phone: +34 952 52 08 80
  • Email: dpo@hotelbalconeuropa.com
  • Registration Data: Commercial Registry of Málaga, Volume 4135, Book 3046, Folio 24, Section 8, Sheet MA86697
  • Tourism Registry Number H/MA/00484 DPO dpo@hotelbalconeuropa.com (same address as above)
  • Administrative Authorizations
  • Hotels (Registration in R.T.A (Andalusia Tourism Registry, Ministry of Tourism, Commerce and Sports)): Tourism Registry Number: H/MA/00484

This legal notice includes the general conditions that govern access to and use of this website, hereinafter “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 of 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 customers and access 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 any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each occasion he/she intends to use the Portal, as this and its conditions of use included in this Legal Notice may undergo modifications.

Some Portal services accessible to Internet users or exclusive to Balcón de Europa, S.A customers may be subject to specific conditions, regulations, and instructions that, if applicable, replace, complete 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 contains are protected by current legislation on intellectual property.

Balcón de Europa, S.A is the owner or licensee of all 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 contents of this website, for commercial purposes, on any medium 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, whether for industrial or intellectual property, and accessing the Portal does not grant 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 EN NERJA DESDE 1963
  • File: M4044041
  • File: M2045518
  • File: M3537071
  • Registration Date: 2019-11-19
  • Spanish Trademark: BE BALCON DE EUROPA, S.A. BADESA
  • Registration Date: 1996-08-30
  • Spanish Trademark: BE HOTEL BALCON DE EUROPA
  • Registration Date: 2014-11-18
  • Spanish Trademark: BALCON DE EUROPA, S.A. BADESA
  • File: N0209738
  • Registration Date: 1996-08-30

All products and services on these pages that are NOT the property of 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 website of Balcón de Europa, S.A for promotional purposes and information gathering. These owners may request the modification or deletion of the information that belongs to them.

3. Terms of use of the portal

3.1 General

The User undertakes to make correct 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 third parties for any damages that may be caused as a result of non-compliance with this obligation.

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

3.2 Content

The User undertakes 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 by way of example, the User, in accordance with current legislation, must refrain from:

  • Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents unless authorized by law or expressly consented to by Balcón de Europa, S.A or by the holder of the exploitation rights where applicable.
  • Reproducing or copying for private use the Contents that may be considered as Software or Database in accordance with current intellectual property law, as well as their public communication or made available to third parties when these actions necessarily involve the reproduction by the User or a third party.
  • Extracting and/or reusing all or a substantial part of the Contents that make up 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, with the lack of knowledge of them not exempting them from legal responsibilities:

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 expressly forbidden, in accordance with applicable and current legislation at any time, to establish frames or frames of any kind that surround the Portal or allow the display of Content through Internet addresses other than those of the Portal and, in any case, when they are jointly viewed with content not related to the Portal in a way that: (I) may cause, or may cause, error, confusion or deception among users about the true origin of the service or Content; (II) represents 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 in any way prohibited by current law.

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

In no case shall it be stated on the page where the link is placed that Balcón de Europa, S.A has given consent for the insertion of the link or that it in any way sponsors, collaborates, verifies or supervises the services of the sender.

The use of any word mark, graphic or mixed 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 provided that a direct link to the Portal is permitted in the manner established in this clause.

The page establishing the link must faithfully comply with the law and may not, under any circumstances, display or link to its own or third-party content that: (I) is unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induces or may induce the user to the false conception that Balcón de Europa, S.A subscribes, endorses, 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 in relation to the location, content, and theme of the sender’s website.

4. Exclusion of liability

4.1 Information

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

4.2 Service quality

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

Balcón de Europa, S.A is not responsible for 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 do not correspond to Balcón de Europa, S.A. Therefore, the services provided through the Portal may be suspended, canceled, or become inaccessible, both prior to and simultaneously with the provision of the Portal service.

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

4.4 Contents and services linked through the Portal

The service of access to the Portal includes technical linking devices, directories, and even search instruments that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Balcón de Europa, S.A acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of their illegality 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, they may inform Balcón de Europa, S.A in accordance with the procedure and effects established in clause 6, without this communication obligating the removal of the corresponding link.

In no case does the existence of Linked Sites presuppose the existence of agreements with the responsible parties or owners of the Linked Sites, nor the recommendation, promotion, or identification of Balcón de Europa, S.A with the statements, content, or services provided.

Balcón de Europa, S.A does not know 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, nor for any other damage not directly attributable to Balcón de Europa, S.A.

5. Data protection

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

6. Reporting of illegal and inappropriate activities

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

  • Personal data of the notifier: 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 rights holder infringed upon when it is a person other than the notifier.
  • It must also provide evidence proving the legitimacy of the rights holder and, if applicable, that of the representative acting on behalf of the rights holder when it is a person other than the notifier;
  • Express declaration that the information contained in the complaint is accurate.

Receipt by Balcón de Europa, S.A of the communication provided for in this clause shall not, according to the LSSI, constitute effective knowledge of the activities and/or contents indicated by the notifier.

It must also provide evidence proving the legitimacy of the rights holder and, if applicable, that of the representative acting on behalf of the rights holder when it is a person other than the notifier; Express declaration that the information contained in the complaint is accurate.

7. Notifications

All notifications and communications made by the parties shall be deemed valid in accordance with the means permitted 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 any modifications it deems appropriate to its website without prior notice, being able to change, delete, or add both the content 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 come into effect from the moment of their publication.

9. Social Networks

Balcón de Europa, S.A is present in various social networks and platforms, so 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. Where the applicable law allows for the waiver of the established legal jurisdiction, the courts of Marbella are designated as the jurisdiction to resolve any disputes, with the user expressly waiving any other jurisdiction that may correspond.

Online dispute resolution under 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/.