These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) regulate the access and use that the user (hereinafter, “the User”) makes of the website www.forumceao.com (hereinafter, “the Website”), as well as the purchase of products and services through it. By accepting these General Conditions, the User declares:
1. That you have read, understand and comprehend the above;
2. That you are a person with enough capacity to contract;
3. That you assume all the obligations set forth herein.
The use of the Web Site attributes the condition of User of the Web Site and implies the acceptance of all the terms included in these General Conditions. The User must read these General Conditions carefully each time he or she accesses the Website, as this and these General Conditions may be modified.
The owner of the Website reserves the right to make, at any time and without prior notice, any modification or update of its contents and services, of these General Conditions and, in general, of any elements that make up the design and configuration of the Website.
1. General information about the website
In compliance with the established by the article 10 of the Law 34/2002, of July 11, of services of the society of the information and of electronic commerce, next, the general information of the Website is offered:
Owner: FORUM CEAO hotel apartments & coworking (from now on, “FORUM CEAO”).
Company address: Polígono Industrial O Ceao, Rúa dos Canteiros, S/N, 27003 Lugo
Phone: +34 982 20 99 99
2. Need for Registration
In general, for the simple access to the contents of the Web Site it will not be necessary the registration of the User, although the use of certain services will be able to be conditioned to its previous registration. In these cases, we will previously inform you of this and of the legal conditions applicable to privacy.
The data entered by the User must be accurate, current and truthful at all times. If the registered user is assigned a password, he or she will be responsible at all times for its safekeeping, and will consequently be liable for any damages that may arise from its improper use, as well as for the assignment, disclosure or loss thereof. For this purpose, access to restricted areas and / or use of services and content made under the password of a registered user will be deemed made by the registered user, who will be responsible in any case of such access and use.
3. Rules for the use of the Website
The User agrees to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User is obliged to make appropriate use of the services and/or contents of the Website and not to use them to carry out illegal or criminal activities that infringe on the rights of third parties and/or violate intellectual and industrial property regulations, or any other applicable legal regulations.
By way of illustration, and in no case limited or exclusive, the User undertakes to
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defence of terrorism or which threatens human rights.
II.- Not to introduce or disseminate in the network data programs (virus and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that infringes the fundamental rights and public freedoms recognized by the Constitution and international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
V.- Not to transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI. – Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Not to impersonate other Users by using their registration keys to the different services and/or contents of the Website.
VIII.- Not to spread, transmit or make available to third parties any type of information, element or content that implies a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
IX.- Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secret of the communications and the legislation on protection of personal data.
The User is required to keep FORUM CEAO free from any possible claim, fine, penalty or sanction that he/she may be obliged to bear as a consequence of the User’s failure to comply with any of the above-mentioned rules of use, FORUM CEAO also reserves the right to request the corresponding compensation for damages.
FORUM CEAO reserves the right to prohibit, to any User who violates the rules and obligations established in these General Conditions, the use of the services offered through the Website.
4. Exclusion of Responsibility
FORUM CEAO assumes no responsibility for updating this website to keep the information up to date, nor does it guarantee that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any service or content described on this Website.
The access of the User to the Website does not imply for FORUM CEAO the obligation to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.
FORUM CEAO is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered in the Website, nor for the damages of any kind produced in the User that bring about failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Website during the provision of the same or with previous character.
5. Contents and services linked through the Website
The service for accessing the Website includes technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter “Linked Sites”). In these cases, FORUM CEAO will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he or she may notify FORUM CEAO, but in no case shall this communication imply the obligation to remove the corresponding link.
In no case should the existence of Linked Sites presuppose the formalization of agreements with the persons responsible for them or their owners, nor the recommendation, promotion or identification of FORUM CEAO with the statements, contents or services provided.
FORUM CEAO does not know the contents and services of the Linked Sites and, therefore, it is not responsible for the damages produced by the illegality, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or any other damage that is not directly attributable to FORUM CEAO.
In the cases where the User can access or be redirected to Linked Sites that allow the contracting of services and/or products, the User knows and accepts that FORUM CEAO acts as a mere intermediary facilitating such access, so it will not be responsible, neither indirectly nor subsidiarily, for the damages of any nature derived from the free use and/or contracting of such services and products from third parties, as well as for the lack of legality, reliability, usefulness, veracity, accuracy, exhaustiveness and actuality of the same. By way of illustration, and in no case limited to, FORUM CEAO will not be responsible for damages of any kind derived from the defective compliance or breach of contractual commitments acquired by third parties; the carrying out of acts of unfair competition and illegal advertising; the inadequacy and disappointment of the expectations of such services and products of third parties and the vices and defects of all kinds that may occur in them.
6. Intellectual and industrial property
All the contents of the Website, understanding by these, by way of example only, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of FORUM CEAO or third parties, and none of the exploitation rights recognized by the current regulations on intellectual property can be understood to have been ceded to the User. Therefore, Núñez y Navarro reserves all the exploitation rights over them.
The brands, commercial names or distinctive signs are the property of FORUM CEAO or third parties, without it being understood that access to the web site attributes any right over them.
7. Contracting of services through the Website
The procedure that the User must follow to contract services through the Website is the following:
1º- Select the details of the reservation for the stay in the hotel and continue with the reservation.
2º- The page can show different offers at the User’s choice. The page shows prices expressed in the euro currency. Select the service according to the availability offered.
3º- Display of all order data indicating the price with VAT. The User must fill in his personal details and indicate his payment details by bank card. The User must then accept the General Conditions of Use and Contracting and click on the “Confirm” button.
4º- The User will receive the confirmation of his order through the visualization of a message on screen and the reception of an e-mail in the account provided during the purchase process.
Unless expressly indicated otherwise, the prices presented on the Website include the corresponding VAT. The applicable VAT rate will be the one legally established at each moment.
7.3. Exclusion of the right of withdrawal
According to Article 103 of Law 3/2014, of March 27th, which modifies the rewritten text of the General Law for the Defense of Consumers and Users, the right of withdrawal will not be applicable to contracts that refer to the provision of accommodation services for purposes other than serving as housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
8. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions were to be declared totally or partially null or ineffective, such nullity or ineffectiveness would only affect that provision or the part of it that is null or ineffective, with these General Conditions subsisting in all other respects and such provision being considered totally or partially as not included.
9. Applicable legislation and competent jurisdiction
These General Conditions shall be governed by and construed in accordance with the laws of Spain. FORUM CEAO and the User agree to submit any controversy that may arise from access, use and/or contracting of services through the Website, to the courts and tribunals of Barcelona, Spain, unless otherwise established by law.