Terms and Conditions of Hotel do Caracol
Terms and conditions
1. General Information
The User must carefully read these Terms and Conditions that regulate access and use of the website www.hoteldocaracol.com, as well as all its subdomains (henceforth “Website”), operated by Açores 2000 - Soc. Desenvolvimento Turístico Açores, S.A. with headquarters at Av. Infante D. Henrique - S. Pedro 9500-764 Ponta Delgada, with share capital of EUR 3,540,000, legal entity noº. 512 024 162, registered at the Ponta Delgada Commercial Registry Office under the same number (“Hotel do Caracol”).
The use of this Website will be governed by these Terms and Conditions, its use implies acceptance by the User of these Terms and Conditions. If the User rejects these Terms and Conditions, they must immediately cease using them.
Hotel do Caracol may change or update without prior notice, in whole or in part, these Terms and Conditions, as well as the Data Protection and Privacy Policy, with any changes or updates coming into force as soon as they are published in the respective section of the Web site. Users are advised to regularly consult the Terms and Conditions and Data Protection and Privacy Policy sections to check the most up-to-date versions.
2. Use authorization
Access to and use of the Website is provided exclusively for personal use, to access the services provided by Hotel do Caracol or to obtain information about them, and is therefore not related to any commercial, business or professional activity of the User. Authorization for use may be revoked by Hotel do Caracol at its discretion and at any time. In accordance with the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, the User acknowledges and accepts that its content may be incomplete, inaccurate, not up to date, or may not meet their needs and requirements.
Hotel do Caracol reserves the right to assess at its discretion the User's compliance with these Terms and Conditions. Violation of the Terms and Conditions may result in the withdrawal of the use authorization granted by Hotel do Caracol, under the terms set forth herein, as well as the exercise of its rights to the maximum extent permitted by law.
The User commits to compensate and exonerate Hotel do Caracol, as well as its legal representatives, partners and collaborators, from any damages, responsibilities, claims or requests for compensation, including expenses and costs of representation, requested by third parties as a result of the use of the Website in a manner that does not comply with these Terms and Conditions, and/or as a result of the violation of the conditions provided for in these Terms and Conditions, and/or as a result of non-compliance with the statements and assurances contained in these Terms and Conditions.
3. Content and Limitation of Liability
Access to and use of the Website are activities carried out by the User.
The User is solely and exclusively responsible for the use of the Website and its contents. Hotel do Caracol is not responsible, nor does it assume any responsibility for the use of the Website in terms that do not comply with the legal provisions in force by the User.
Specifically, the User is solely responsible for the communication of incorrect, false or third-party information or data without their consent, as well as for their incorrect use.
The contents of the Website may contain inaccuracies or errors. Hotel do Caracol is not responsible, nor can it be held responsible, in any way, for any inaccuracies or errors, or any damage caused or resulting from the use of information derived from the Website or through the Website by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the Website.
The Website and all the information and content published on it may be altered by Hotel do Caracol at any time, periodically and/or without prior notice.
Considering that any content that may be downloaded or otherwise obtained is the free decision of the User and is made at their own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations carried out by the User will be the sole responsibility of the User and cannot be imputed to Hotel do Caracol. Hotel do Caracol assumes no responsibility for damages resulting from the impossibility of accessing the services made available through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers or the telephone and/or telematic connection, unauthorized access, data alterations, or related to the non-existence and/or malfunction of the User's electronic devices.
Hotel do Caracol has adopted the appropriate technical and organizational measures to safeguard the security of the services it provides through the Website, ensure the integrity of electronic traffic data related to unauthorized ways of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of confidential or non-confidential data and information of the User, contained in the Website, or related to access - unauthorized or in breach of applicable legal provisions - to said personal data and information.
Hotel do Caracol does not and cannot guarantee that the Website is free of viruses or any other element that may adversely affect its use.
4. Access to the Website, Interruption and Suspension
Hotel do Caracol makes its best efforts to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time for any reason.
Access to the Website may be limited from time to time to allow for recovery, maintenance or the introduction of new features or services.
Access to the Website may also be interrupted in cases of “Force Majeure” considered to be any cause that disrupts the performance of the Website and has any kind of impact on the fulfillment of our obligations arising out of or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but without limitation, shall include strikes, terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunication or other network failures, outages, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemic or other natural disaster, any legislation, regulation, rule or decision of a state or court.
In any event, Hotel do Caracol will use its best efforts to restore access as soon as possible. Hotel do Caracol reserves the right to block access to any material and/or remove any material that may, in its judgment, cause a breach of these Terms and Conditions.
5. Protection of Personal Data
The User should read and review the Data Protection and Privacy Policy to understand how the Website collects and uses the User's personal data, in accordance with the provisions of and pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other related legislation.
6. Intellectual Property Rights
All rights are reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and/or other forms of intellectual property rights (henceforth “Material”), are the property of Hotel do Caracol or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties relating to intellectual property rights.
None of the provisions of the Terms and Conditions and/or the contents of the Website may be construed as implicitly conferring, accepting or in any way licensing the right to use any Material by any means, without the prior written consent of Hotel do Caracol or the third party owner of the Material or of the intellectual property rights published on the Website.
The use, copying, reproduction, alteration, republishing, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of an identical nature, is prohibited.
As a User of the Website, the User undertakes not to use the Material for illegal purposes and not to violate the rights of Hotel do Caracol.
The User may, however, view and display the content of the Website and/or the Material on the screen of a computer or other electronic device, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such content for their personal and non-commercial use, but must keep all information relating to intellectual property rights.
Access to the Website does not grant the User any rights over the content made available by Hotel do Caracol.
7.Hyperlinks to Other Websites
The Website may provide links (“Hyperlinks”) to third party websites or to content provided by third parties (“Other Websites”), Hotel do Caracol informs that the provision of links to such Other Websites is for information purposes only and for the convenience of the User. Hotel do Caracol does not control the Other Websites and, therefore, is not responsible for such Other Websites or for the contents or products that the Other Websites (including, without limitation, the reference to social networks) and is not responsible for any damages or losses that may result from the use of the Other Websites by the User, as well as for the processing of personal data. Access to any Other Website, via a link on the Website, shall be at the sole risk and responsibility of the User.
The User should therefore pay particular attention when connecting to Other Websites through links on the Website and carefully read the respective terms and conditions and privacy policies.
8.User declarations and guarantees
The User acknowledges and declares that:
A) has read and understood these Terms and Conditions;
B) shall refrain from reproducing, duplicating, copying, selling, reselling or in any way commercially exploiting the Website or its contents, or part of them, as well as refraining from using or reproducing the trademarks or any intellectual property rights of Hotel do Caracol.
C) shall not publish or use false, insulting or defamatory information;
D) refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or not in accordance with these Terms and Conditions;
E) not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
F) not use software or other automatic or manual mechanisms to copy or access control of the Website or its content.
9. Miscellaneous Provisions
The nullity of any of the provisions contained in these Terms and Conditions shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.
These Terms and Conditions shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law. Any dispute arising out of or in connection with these Terms and Conditions, in the absence of an amicable and negotiated agreement between the parties, shall be settled by the Lisbon Courts, with express waiver of any other.
The User may contact Hotel do Caracol for any question related to the Terms and Conditions or for any question related to the use of the Website, through the following email address reservas@bensaude.pt.
