Legal Terms

26/12/2021 2022-02-08 12:13

In compliance with the Spanish Law 34/2002 of July 11, of the Information and E-commerce Services (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico) SGS 110, from now on, el Jardí informs you that is the owner of the present website. According to what is required under article 10 of the aforementioned regulation, we must provide you with the following information:

The owner of the web site is:

Name of the CompanySGS 110, SAU
TAX IDA58066390
AddressPLAÇA SANT JOSEP ORIOL, 1, 08002, BARCELONA
Registration numberRegistro Mercantil de BARCELONA T32659 , F 84, S 8, H B 21898

Users

The Access and/or use of the site grants you the condition of USER, which you accept, under the General Terms of Use hereby stated. Such Terms will be applied independently from the applicable General Terms and Conditions.

Use of the website

The web page grants access to a great amount of information, services, programs or data (onwards, “the contents”) in Internet belonging to el Jardí or its licensors to whom the USER can have access.  The USER undertakes the responsibility of the use of the web site.  

The USER agrees to make the correct use of contents and services which el Jardí offers through its web site and, being of meaningful but not with limitative character and these shall not be used for:

  • Incurring in illicit activities, illegal or opposed to good faith and public order.
  • Spreading contents or propaganda considered; racist, xenophobic, pornographic-illegal, of terrorism apology or attempting against human rights.
  • Causing damages on the physical or logical systems of el Jardí, Its suppliers or third parties, introducing or spreading computer virus on the web or any other physical or logic systems which may cause damages such as the mentioned before.
  • Trying to access or use the email accounts of other users and modify or manipulate their messages. El Jardí reserves the right to withdraw all those comments which are discriminatory, xenophobic, racist, that attempt against childhood or public security. In any case el Jardí will not be responsible for the opinions given by users through forums, chats or any other mean.

Use of the Online Booking Service

Pre-booking Service

The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of a room. Before booking confirmation, the user is aware of the existence of some restrictions which are applicable in Barcelona. Such restrictions are due to  current Covid-19 situation and the relevant required limitations.The user has previously known them. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE el Jardí HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION. The user should verify the booking confirmation and kindly notify el Jardí of any error immediately in writing.

Online Booking Service

a. The purpose of the Online Booking service is for the reservation of a room in el Jardí. THE USE OF THESE SERVICE IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND CONDITIONS.

b. Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their booking is in the process of being confirmed. If you are a Guest, once the corresponding debit for your reservation has been made, you will receive an email confirming this; this email serves as proof of your booking. The credit card used to book will be requested on arrival to verify that the details given are correct. The credit card holder should be present at this time.

c. Guarantee: The booking is confirmed and guaranteed overnight with a credit card. In the event of a no-show without prior notice, the first night will be charged (including VAT and taxes).

d. Termination of the contract or cancellation of the booking: The credit card is solely a means of guarantee. Cancellation of the booking by the user will not incur any charges for advance cancellation. Once this threshold has passed, el Jardí will make a cancellation charge as compensation, which will amount to the cost of the first night (including VAT and taxes).

e. Cancellation: No charge will be made to your credit card if cancellation is made more than 48 hours prior to the day of arrival at the hotel (local time at the hotel). If cancellation is made during the 48 hours prior to arrival, 50% of the total cost of the booking will be charged to your credit card In the event of a client no-show without prior notice, 100% of the total cost of the booking will be charged.

Intellectual and Industrial Property

El Jardí will own all rights of industrial and intellectual property of its web page, as well as the elements contained in it (images, sound, audio, video, software or texts, trade- marks or logos, combination of colors, structure and design, selection of materials used, computer programs necessary for its functioning, access and use, etc.)

All rights reserved. According to articles 8 and 32.1, second paragraph, of the applicable Spanish Intellectual Property Law. Reproduction, distribution and public communication are expressly forbidden, including the way of making available, totally or partially the contents of this web page, for business purposes, by any electronic means, without the authorization of el Jardí. The USER is committed to respect the rights of Intellectual and Industrial Property, owned by el Jardí. The USER will be able to visualize the elements of the site including print, copy or store them in the hard drive or your computer or any other physical support as long as it is solely and exclusively for its personal and private purpose. The USER will refrain from deleting, altering, eluding or manipulating any protection device or security system installed in the website of el Jardí.

Exclusion of guarantees and responsibilities

el Jardí will not be responsible, under no circumstance, of any damage caused, for example by mistakes or omissions, lack of responsibility of the site or virus contamination or malicious programs in its contents, in spite of having taken all necessary technological measures to prevent it.

Modifications

El Jardí reserves the right, without prior notice, to make changes considered necessary thus, being able to change, eliminate or add not only the contents and services rendered by it but also the way in which they are presented or located in the site.

In the case that in the web page, links or hyperlinks were made to other internet sites, el Jardí will not execute any type of control of such sites and contents. El Jardí under no circumstance will take any responsibility for the contents of some link belonging to another web site, nor guarantee the technical availability, quality, reliability, accuracy, veracity, validity or constitutionality of any material or information contained in none of such hyperlinks or other internet sites

Likewise, the inclusion of these external connections will not imply any kind of association, merging or participation with the connected entities.

Exclusion rights

El Jardí reserves the right to deny or withdraw access to site and/or services offered, with no previous notification, on its own or a third party, to those users who do not comply with the current General Conditions of Use.

Generalities

El Jardí will chase the non-compliance of present conditions, as well as any doubtful use of its site by enforcing the civil and criminal legal actions which might correspond.

Of the present condition and duration

El Jardí could modify at any time the conditions hereby determined. The validity of the conditions will be according to its publication and will be valid until duly published, or modified by other.

Applicable Law and Jurisdiction

The relationship between el Jardí and the USER will be governed by the Spanish regulations in force and any controversy will be submitted to the Courts of Barcelona.

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