ALOHAMUNDI welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions applicable to your browsing thereof, in accordance with the applicable Spanish regulations. Since the COMPANY may amend these Terms of Use in the future, we recommend that you review them periodically in order to remain duly informed of any changes made.

With the aim of ensuring that the use of the Website complies with criteria of transparency, clarity and simplicity, ALOHAMUNDI informs the User that any suggestion, doubt or query regarding the General Terms of Use will be received and resolved by contacting the COMPANY at the following email address: info@alohamundi.com.

1. PURPOSE

ALOHAMUNDI provides the content and services available on the Website subject to these General Terms of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form grants you the status of “User” and implies the unconditional acceptance of each and every one of these General Terms of Use, ALOHAMUNDI reserving the right to amend them at any time. Consequently, it shall be the responsibility of every User to carefully read the General Terms of Use in force each time they access this Website; therefore, if the User does not agree with any of the provisions set out herein, they must refrain from using this Website.

Likewise, you are hereby informed that specific conditions may occasionally be established for the use on the Website of specific content and/or services, and the use of such content or services shall imply acceptance of the specific conditions specified therein.

2. SERVICES

Through the Website, ALOHAMUNDI informs Users about the tourist accommodation services provided by the Entity, detailing the main information required to understand the same and to contact its representatives, both to obtain further information and for subsequent personal contact. In addition, it enables the online booking of tourist accommodation.

3. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use are subject to Intellectual Property rights, and that all trademarks, trade names or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements included on the page, are the exclusive property of ALOHAMUNDI and/or third parties, who hold the exclusive right to use them in commercial activities. Accordingly, the User undertakes not to reproduce, copy, distribute, make available, publicly communicate in any other way, transform or modify such content, holding ALOHAMUNDI harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any waiver, transfer, licence or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for such purpose by ALOHAMUNDI or the third-party holder of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. ALOHAMUNDI owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any event, has the corresponding authorisation to use such elements. The content available on the Website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned Entity.

Likewise, it is prohibited to remove, circumvent and/or manipulate the “copyright”, technical protection devices, or any information mechanisms that may be contained in the content. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could prejudice them, ALOHAMUNDI reserving in all cases the right to exercise any legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.

4. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User undertakes to:

Make appropriate and lawful use of the Website, as well as its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.

Provide themselves with all the technical means and requirements necessary to access the Website.

Provide truthful information when completing the forms contained on the Website with their personal data and keep such information updated at all times so that it corresponds, at all times, to the User’s actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to ALOHAMUNDI or third parties as a result of the information provided.

Notwithstanding the provisions of the preceding paragraph, the User must also refrain from:

1. Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited under these General Terms of Use, harmful to the rights and interests of third parties, or which may in any way damage, disable, overload, impair or prevent the normal use of the services or documents, files and any kind of content stored on any computer equipment.
2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
3. Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
4. Introducing or disseminating computer viruses or any other physical or logical systems on the network that may cause damage to the physical or logical systems of ALOHAMUNDI, its suppliers or third parties.
5. Attempting to access, use and/or manipulate data belonging to ALOHAMUNDI, third-party suppliers and other Users.
6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the corresponding rights or otherwise legally permitted.
7. Deleting, concealing or manipulating notices concerning intellectual or industrial property rights and other identifying data relating to the rights of ALOHAMUNDI or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be included in the content.
8. Obtaining or attempting to obtain the content using means or procedures other than those which, as applicable, have been made available for this purpose or have been expressly indicated on the web pages where the content is located, or, in general, those habitually used on the Internet because they do not entail a risk of damage to or disabling of the Website and/or the content.
9. In particular, by way of example and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
   
   1. In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognised constitutionally, in International Treaties and in the rest of the legislation in force.
   2. Induces, incites or promotes criminal, denigrating, defamatory, violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
   3. Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or status.
   4. Includes, makes available or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages and/or services or, in general, those contrary to the law, morality and generally accepted good customs or public order.
   5. Induces or may induce an unacceptable state of anxiety or fear.
   6. Induces or incites involvement in dangerous, risky or harmful practices for health and psychological balance.
   7. Is protected by intellectual or industrial property legislation belonging to ALOHAMUNDI or third parties without authorisation having been granted for the intended use.
   8. Is contrary to the honour, personal and family privacy or personal image of individuals.
   9. Constitutes any form of advertising.
   10. Includes any type of virus or program that prevents the normal operation of the Website.

If a password is provided in order to access any of the services and/or content of the Website, the User undertakes to use it diligently and to keep it secret at all times. Consequently, the User shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, nor to allow unauthorised persons to access the aforementioned services and/or content. Likewise, the User undertakes to notify ALOHAMUNDI of any event that may involve improper use of their password, including, by way of example, theft, loss or unauthorised access, so that it may be cancelled immediately. Consequently, until such notification is made, ALOHAMUNDI shall be exempt from any liability that may arise from the improper use of the password, and any unlawful use of the content and/or services of the Website by any illegitimate third party shall be the User’s responsibility.

If, through negligence or wilful misconduct, the User breaches any of the obligations established in these General Terms of Use, they shall be liable for all damages and losses that may arise for ALOHAMUNDI as a result of such breach.

5. LIABILITY

ALOHAMUNDI does not guarantee continuous access, nor the correct display, download or usefulness of the elements and information contained on the Website pages, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

ALOHAMUNDI shall not be liable for decisions that may be taken as a consequence of access to the content or information provided.

ALOHAMUNDI may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered therein is contrary to these General Terms of Use. ALOHAMUNDI shall not be liable for damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, any content that may cause such damage, provided that it is duly notified. In particular, it shall not be liable for damage arising from, among other things:

ALOHAMUNDI excludes any liability for damages of any kind that may be due to the misuse by Users of services that are freely available and usable. Likewise, ALOHAMUNDI is exempt from any liability for the content and information that may be received as a result of data collection forms, as such forms are intended solely for the provision of consultation and enquiry services. On the other hand, in the event of damages being caused through unlawful or improper use of such services, the User may be held liable by ALOHAMUNDI for the damages or losses caused.

You shall defend, indemnify and hold ALOHAMUNDI harmless against any damages arising from claims, actions or demands by third parties as a consequence of your access to or use of the Website. Likewise, you undertake to indemnify ALOHAMUNDI against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or from any other action on your part that imposes an unreasonable burden on the operation of the Website.

6. HYPERLINKS

The User undertakes not to reproduce in any way, including by means of a hyperlink, the ALOHAMUNDI Website or any of its content, except with the express written authorisation of ALOHAMUNDI.

The ALOHAMUNDI Website includes links to other websites managed by third parties, for the purpose of facilitating User access to information from partner companies and/or sponsors. Accordingly, ALOHAMUNDI is not responsible for the content of such websites, nor does it act as guarantor and/or offering party for the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (I) may not imply that ALOHAMUNDI recommends that website or its services or products; (II) may not misrepresent their relationship with ALOHAMUNDI or claim that ALOHAMUNDI has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of ALOHAMUNDI; (III) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination on the grounds of sex, race or religion, contrary to public order or unlawful; (IV) may not link to any page of the Website other than the home page; (V) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own website or within one of its “frames” or create a “browser” over any of the Website pages. ALOHAMUNDI may request, at any time, that any link to the Website be removed, after which it must be removed immediately. ALOHAMUNDI cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, ALOHAMUNDI assumes no responsibility whatsoever for any aspect relating to such websites.

7. DATA PROTECTION

In order to use some of the Services, Users must first provide certain personal data. For this purpose, ALOHAMUNDI will process Personal Data automatically in compliance with General Data Protection Regulation 2016/679 (EU) of 27 April. To this end, the User may access the policy followed in the processing of personal data, as well as the previously established purposes, under the conditions defined in the Privacy Policy presented on the Website.

8. DURATION AND TERMINATION

The provision of the service of this Website and the other services is, in principle, of indefinite duration. However, ALOHAMUNDI may terminate or suspend any of the portal services. Whenever possible, ALOHAMUNDI will announce the termination or suspension of the provision of the relevant service.

9. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are for informational purposes only. Consequently, by offering them, ALOHAMUNDI makes no warranty or representation whatsoever in relation to the content and services offered on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

10. FORCE MAJEURE

ALOHAMUNDI shall not be liable in any event for the impossibility of providing the service if this is due to prolonged interruptions in electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and, in general, all cases of force majeure or fortuitous events.

11. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. Any dispute shall be resolved before the courts of Córdoba.

In the event that any provision of these General Terms of Use is found to be unenforceable or void under applicable law or as a consequence of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, ALOHAMUNDI shall amend or replace such provision with another provision that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.