This document is effective as of 9 May 2018

Terms and Conditions of Use

The clauses included below govern the terms and conditions of use of the website https://www.smyhotels.com hereinafter "the Website". By entering and using the Website, you are deemed a User and you unreservedly accept these Terms and Conditions of Use and THE PRIVACY POLICY, notwithstanding the application, where appropriate, of the General and Specific Terms and Conditions which may be applicable to bookings made as the User via the Website. Therefore, we advise you to read all these documents before using the features offered by the Website and prior to making a booking on the Website, as well as each time you enter it, as SMYHOTELS reserves the right to change, modify, supplement or delete each one of these documents at any time.

Entering and using the Website does not necessarily imply the existence of a commercial relationship between the User and SMYHOTELS.

I. OWNER OF THE WEBSITE

Pursuant to Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce:

HOTELOGY S.L. (hereinafter "SmyHotels"), with registered office at Edificio Logitravel, Parcela 3B, Parc Bit, Ctra. Palma-Valldemossa km 7,4, 07121 Palma de Mallorca (Spain), with tax code B-57964629.

In addition to the registered office, the User is provided with the following channels via which they may make any enquiries, suggestions or complaints:

Website contact form: https://www.smyhotels.com
Tel.
(+34) 952 38 30 55 Mondays to Fridays from 9.00 am to 9.00 pm and Saturdays from 9.30 am to 1.30 pm. pm.
info.malaga@smyhotels.com

II. TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. Introduction. The Website provides information about SMYHOTELS so that the User may consult said information, make any necessary enquiries and ultimately request and make bookings directly through the online booking platform.

2. Obligations for the User. The User agrees to enter and use the Website in a lawful manner, in accordance with these Terms and Conditions of Use and in a way which does not jeopardise the rights or interests of SMYHOTELS or third parties. Specifically, the User undertakes to use the information contained on the Website solely for its inherent purposes, i.e. obtaining information about the services offered by SMYHOTELS and submitting enquiries, suggestions and/or complaints. As an indication, but under no circumstances limited to such, the User undertakes to refrain from:

- Engaging in, through act or omission, any illegal activities or any activities which are contrary to public order, morals or good faith;

- Introducing, modifying or disclosing on the Website any content of a racist, xenophobic or pornographic nature, or which is sympathetic to terrorism or violates human rights.

- Directly or indirectly engaging in any type of commercial use, including explicit spamming;

- Upon making a booking, entering into the Website any false, misleading, ambiguous or inaccurate information or content which may mislead the recipients of said information;

- Engaging in any actions which entail or imply a violation of the intellectual or industrial property rights of SMYHOTELS or of third parties;

- Directly or indirectly causing damage to the software or the hardware of SMYHOTELS , its suppliers or third parties;

- Introducing or spreading computer viruses or using any other hardware or software capable of causing the aforementioned damage.

- Deleting, modifying, evading or tampering with the protection devices or security systems of the Website.

3. Liability disclaimer. The Website is made available 'as is' and its access and use is at the sole risk of the User, and therefore neither SMYHOTELS nor its directors, employees, suppliers or partners will be liable for damages, of any nature, whether direct or indirect, which may result from entering and using the Website, thereby explicitly excluding SMYHOTELS from any type of liability within the scope provided for by law, whether explicit or implied.

As an indication, but under no circumstances limited to such:

- SMYHOTELS does not assume any obligation or liability with respect to any services which it does not provide directly;

- SMYHOTELS does not guarantee the availability or accessibility of the Website, although it will make all reasonable efforts to ensure that it is available and accessible. During maintenance operations, interruptions may occur for as long as may be necessary;

-SMYHOTELS is not liable for any damages which may be caused to the User resulting from computer viruses, breakdowns, delays, outages or disconnections of electronic systems caused by deficiencies or overloads of the data processing centre, of telephone lines, of the Internet or of any other electrical systems, all due to causes beyond the control of SMYHOTELS ; nor for any other alteration which may occur in the User's software or hardware.

Neither does -SMYHOTELS guarantee the absence of viruses, malwares, Trojans or other software programs which may cause alterations to the User's computer system and/or files, thereby disclaiming any liability for damages of any kind caused to the User for this reason.

-SMYHOTELS will not be held liable for any damages caused by illegal intrusions of third parties or for the use or misuse of content on the Website, nor for any consequences which may be due to errors, defects or omissions in the content of the Website provided by users themselves or other third parties.

4. Denial of access. SMYHOTELS reserves the right to deny access to the Website to any User who fails to comply with the provisions of these Terms and Conditions; in the event of security or technical issues; or in order to comply with a police, judicial or administrative summons and/or order. SMYHOTELS may deny access, at its sole discretion, without this resulting in the right to any type of compensation.

5. External links. In no case does SMYHOTELS assume any liability for the content of links belonging to third-party websites, nor does it guarantee the accessibility, technical availability, reliability, accuracy, veracity, validity and legality of any material or information contained on these third-party websites. The inclusion of these external links does not imply that there is any type of association, merger or partnership between SMYHOTELS and the linked third-party companies.

Third parties wishing to establish a link on the Website must request prior authorisation from the owner of this Website, guaranteeing that the link only allows access to said Website, and that it does not reproduce its content and services.

6. Intellectual and industrial property rights . Rights relating to intellectual and industrial property (including but not limited to trademarks, logos, texts, photographs, icons, images, sound, audio, videos, colour combinations, structure, etc., as well as domain name, source code, graphic design, browsing structure and other software elements contained on the Website) belong to SMYHOTELS or the other entities which may provide information via the Website. Therefore, they are all subject to intellectual and industrial property rights protected by Spanish, European Union and international legislation. As a result, it is not permitted to use, reproduce, disclose, tamper with or make any additional use of these rights beyond those required to enter the Website or purchase services offered on it.

SMYHOTELS or other companies are the sole owners of these rights and their use in any way, especially the rights of reproduction, distribution, disclosure and transformation, in accordance with the provisions of the current Intellectual Property Act. It is explicitly prohibited to reproduce, distribute or disclose all or part of the content of this Website, in any format and by any technical means, without the authorisation of SMYHOTELS or, where appropriate, of the third parties who hold the intellectual property rights or copyright of the content in question.

Entering and using the Website, or booking services available on it, does not imply that SMYHOTELS or the respective owner partially or fully waives, transfers or assigns the intellectual and industrial property rights, nor does it attribute the rights to use, modify, exploit, reproduce, distribute or disclose this content without the prior and explicit written authorisation from the respective holders of said rights, notwithstanding the right to view and obtain a private backup copy of said content, provided that these rights are exercised according to the principles of good faith, that the holder of the intellectual and industrial property rights remains unchanged, and that said rights are used without commercial intentions and solely for the User's personal information.

7. Sale and refund policy. Changes, cancellations and refunds. Right of withdrawal.

Pursuant to Article 103, Section 1, of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal in the provision of this service is excluded.

Notwithstanding the above, cancellations are allowed, which may result in the application of fees, the amount of which varies according to the type of room booked. Cancellation will also be understood as a reduction in the number of rooms or nights, or a change to the customer's name.

During the booking process, the Customer must accept the cancellation terms and conditions provided by the Website, which state the amounts of said fees.

The Customer must always notify and process any modifications, cancellations and refunds via the contact details included on the Website.

The no-show of a Customer at a SMYHOTELS location without prior notice will lead to 100% of the amount of the booking being charged.

8. Null and void clauses. If any of the clauses of these Terms and Conditions of Use document were to be declared null and void, this will only affect said clause or the part of which has been declared null and void, with all other clauses remaining in force and said clause or part thereof being deemed as excluded.

9. Jurisdiction and applicable law. These Terms and Conditions of Use will be subject to Spanish law. Any dispute arising from these Terms and Conditions will be brought before the courts of Palma de Mallorca, unless, according to the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the Law for the Defence of Consumers and Users and other complementary laws, the counterparty has the status of consumer or user, in which case the courts of the consumer's registered address will be the competent authority.

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