1. INTRODUCTION AND COMPANY DETAILS
This text constitutes the Legal Notice of the website owned by YUDAYA S.L. (hereinafter, YUDAYA), located at URL: https://www.hdhotels.com/en/
It is an entity whose registered office is located at Carretera del Rincón S/N,4ªplanta, Centro Comercial Las Arenas. Las Palmas de Gran Canaria, 35010, CIF: B-35809789 and registered in the Mercantile Register of Las Palmas, Volume: 1707, Book: 0, Folio: 99, Section: 8 and Page: GC 32696, 1st Inscription.
Users are recommended to read this Legal Notice carefully and periodically, as the conditions of use of the website, included in the aforementioned Notice, may be subject to change.
3. PURPOSE AND SCOPE OF APPLICATION
This Legal Notice regulates the access and use of the Content offered by YUDAYA through its Websites. However, YUDAYA reserves the right to modify the presentation, configuration and content of the Website and the Services, as well as the conditions required for access and/or use. Access to and use of the Content and Services after the entry into force of its modifications or changes in the conditions imply acceptance of the same.
However, access to certain content and the use of certain services may be subject to certain Specific Conditions, which, depending on the case, will replace, complete and/or modify this Legal Notice, or the General Conditions and, where applicable, the contradictory terms of the Specific Conditions will prevail over the General Conditions and the Legal Notice.
Simple access, browsing and use of the Website entails and implies acceptance by the User of this Legal Notice.
In this sense, User shall be understood to be the person who accesses, browses or views the contents hosted on the Website and Registered User shall be understood to be the person who accesses, browses and registers to use, host and/or download the Contents and/or use the Website's Services.
4. USER OBLIGATIONS
Access to and browsing through the Website does not require Registration, except that in order to use certain functionalities and/or services it will be necessary to provide the required data, such as name and e-mail address.
Access to and browsing of the Website by minors under 14 years of age is prohibited, unless they have the prior and express authorisation of their parents, guardians or legal representatives, who shall be held responsible for the acts carried out by the minors in their care, in accordance with the regulations in force. In any case, it shall be presumed that access by a minor to the Website has been made with the prior and express authorisation of their parents, guardians or legal representatives.
- The user undertakes not to carry out activities contrary to Spanish law, especially with regard to actions constituting crimes under the Criminal Code.
- If the user accesses or makes use of the service offered outside Spain, he/she acknowledges that he/she is solely responsible for complying with the applicable local laws.
- By registering on the website, the user acknowledges:
- To be of legal age or, in the case of minors, to be represented by a parent/legal guardian who declares that he/she is aware of and consents to the registration of his/her child/represented person on this website.
- To be a bona fide user of the service offered
- That by using the service they do not infringe any rights of YUDAYA or any third party.
- Not to store, communicate or disseminate through the Website, content that is contrary to current legislation, morality, public order, as well as content that is defamatory, aggressive, obscene, sexually explicit, offensive, violent or inciting to violence, racist or xenophobic, or in general illegal or harmful to the rights and/or physical and/or moral integrity of people.
- Register and provide true, accurate, truthful and updated personal data. The user is responsible for the maintenance of his/her profile and for the safekeeping of his/her access codes, as well as for any possible damage or harm that may be caused by the unauthorised use of the same.
- Not to exploit or use commercially, directly or indirectly, in whole or in part, any of the content that forms part of the website. Unless previously authorised in writing by YUDAYA.
- Not to disseminate personal data of other Website Users without their prior and express authorisation. Not to create a false identity or register a profile in the name of another person or any other way of using other people's identities, in particular impersonation.
- Not to defame, abuse, harass, stalk, threaten or otherwise violate any rights of other Users or any other person.
- Not to remove or attempt to remove any security measures adopted and implemented on the Website.
- Not to manipulate either the hardware or the software necessary for the use of the Website.
- Make diligent use of your password and keep it secret, not transmitting it to any third party.
- Not to cede the use of the identifier and password to third parties, either temporarily or permanently, nor allow access to them to third parties.
- Immediately notify the Website managers of any event that allows the improper use of identifiers and passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation.
- Comply with the provisions of current legislation.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All the information contained in this website, as well as its graphic design and the codes used, are protected by copyright or other applicable intellectual or industrial property rights.
YUDAYA, is the owner or has obtained the corresponding licence for the exploitation rights of the intellectual and industrial property of the Website, as well as the intellectual and industrial property rights over the information and materials contained, the structure, selection, organisation and presentation of its Contents, Services and products available through the Website, as well as the computer programmes used in relation to the same.
Access, browsing, use, hosting and/or downloading of Content and/or use of the Website's Services by the User shall in no case be understood as a waiver, transmission, licence or total or partial transfer of the aforementioned rights by YUDAYA or, where applicable, by the holder of the corresponding rights. The User only has a strictly private right of use, exclusively for the purpose of enjoying the services of the Service.
Consequently, it is forbidden to remove, evade or manipulate the copyright notice and any other data identifying the rights of YUDAYA or their respective owners incorporated into the Content and/or Services, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein.
In particular, it is strictly forbidden to use the Website's Content for its inclusion, in whole or in part, in other websites outside the Website without the prior written authorisation of the Website's owners.
References to names and commercial or registered trademarks, logos or other distinctive signs, whether owned by YUDAYA or by third parties, imply a prohibition on their use without the consent of companies in the hdhoteles Group or their legitimate owners. At no time, unless expressly stated, does access to or use of the Website and/or its Content and/or Services, confer on the User any rights over the brands, logos and/or distinctive signs included therein, which are protected by Law.
All intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the Content and products included in the Website for public or commercial purposes, without the express written authorisation of YUDAYA or, where appropriate, of the owner of the corresponding rights.
6. LICENCE ON COMMUNICATIONS
In the event that the User sends information of any kind to YUDAYA through the Website, through the channels provided for this purpose on the Website itself, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual property, trademark, patent, trade secret or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
The User acknowledges that he/she assumes responsibility and will hold YUDAYA harmless for any communication that he/she provides personally or in his/her name, with this responsibility covering without restriction the accuracy, legality, originality and ownership of the same.
7. RESPONSIBILITIES AND GUARANTEES
YUDAYA works to keep the content of the website up to date, although it cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website, nor the usefulness or veracity of the documentation of events that may be accessible through the Website and for which a third party is responsible. YUDAYA does not guarantee the veracity nor is it responsible for any consequences that may arise from errors in the content provided by third parties that may appear on this website.
The user will be solely responsible for any infringements that may be incurred or damages that may be caused to third parties by the improper or illegitimate use of the website.
Consequently, YUDAYA neither guarantees nor accepts responsibility for: (i) the continuity of the Website's content; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the Website's content and products; (vi) any damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that YUDAYA establishes on the Website or through the violation of the Website's security systems.
Nevertheless, YUDAYA declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the Website's operation and to avoid the existence and transmission of viruses and other harmful components to Users. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must notify YUDAYA immediately so that it can proceed to adopt the appropriate measures.
The links do not necessarily represent the existence of a relationship between YUDAYA and the individuals and entities that own the pages to which they provide access, nor do they represent a recommendation, promotion or identification of YUDAYA with the statements, content or services provided through them. YUDAYA reserves the right to unilaterally remove the links that appear on its website at any time.
YUDAYA is not responsible for the cookies that third parties may install on the hard drive of the user's computer.
8.1. Links to other websites
In the event that, on the Website, the User could find links to other websites through different buttons, links, banners, etc., these would be managed by third parties. YUDAYA has neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Website.
Consequently, YUDAYA cannot assume any type of responsibility for any aspect related to the website to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if Users have effective knowledge of the unlawfulness of activities carried out through these third party websites, they must immediately inform YUDAYA so that the link to the website can be disabled.
The establishment of any kind of link from the Website to another Website does not imply that there is any kind of relationship, collaboration or dependence between YUDAYA and the party responsible for the third-party Website.
8.2. Links on other Websites to the Website
If any User, entity or Website wishes to establish any kind of link to the Website, they must abide by the following stipulations:
The link may only be directed to the Website's Home Page, unless expressly authorised in writing by YUDAYA.
The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the URL address of the Website itself and must completely cover the entire screen of the Website's Home Page. Under no circumstances, unless expressly authorised in writing by YUDAYA, may the Website that creates the link reproduce, in any way, the Website, include it as part of its Website or within one of its frames or create a browser on any of the Website's pages.
The page that establishes the link may not state in any way that YUDAYA has authorised the link, unless it has done so expressly and in writing. If the entity that makes the link from its page to the Website correctly wishes to include the brand, name, commercial name, label, logo, slogan or any other type of identifying element of YUDAYA and/or the Website on its website, it must first have express written authorisation from YUDAYA.
YUDAYA does not authorise the establishment of a link to the Website from those web pages that contain illicit, illegal, degrading or obscene material, information or content, and in general, that contravene morality, public order or generally accepted social norms.
8.3. Services provided by third parties through the Website
YUDAYA does not guarantee the legality, reliability and usefulness of the services provided, of the Contents supplied by third parties through this website or those on which YUDAYA only acts as an advertising channel.
YUDAYA shall not be liable for damages of any kind caused by the services provided, the Contents of third parties that are advertised through the Website, and in particular, by way of example, those caused by:
- Failure to comply with the law, morality or public order.
- The incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment.
- Infringement of Intellectual and Industrial Property rights, or contractual commitments of any kind.
- The carrying out of acts that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition.
- The lack of truthfulness, accuracy, quality, relevance and/or timeliness of the Content transmitted, disseminated, stored, received, obtained, made available or accessible.
- Infringement of the rights to honour, personal and family privacy and personal image or, in general, any type of third party rights.
- The inadequacy for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that could be generated in the relationship with third parties.
- The non-fulfilment, delay in fulfilment, defective fulfilment or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
- The communication of data between Users.
YUDAYA will not be responsible, in cases where third parties advertise their services and/or Content on the Website, for the veracity of the information provided by the provider about these services and/or Content, for obtaining the administrative authorisations that may be required of the provider for the provision of their services, for the infringement by the provider of the rights of third parties and, in general, for any obligation or guarantee that the provider may be required to provide to Users.
YUDAYA does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. YUDAYA assumes no responsibility whatsoever for any aspect related to the Website that establishes a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
Cookies are automatic procedures for collecting information relating to the preferences determined by a user during his or her visit to a specific web page. This information is recorded in small files that are imperceptibly stored on the user's computer equipment. Each time the user accesses the web page in question again, these files are automatically activated so that the page is configured with the preferences indicated during previous visits. In short, cookies are physical files containing personal information stored in the user's own terminal and unequivocally associated with this terminal. Cookies cannot read cookie files created by other websites.
Users can configure their browser to prevent the creation of cookie files or to warn them when this occurs. The website is accessible without the need for the options relating to cookie files to be activated, although this may prevent the correct functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files on the website is to facilitate user browsing.
You can consult our Cookies Policy at: [ https://www.hdhotels.com/cookies/].
10. RIGHT OF EXCLUSION
YUDAYA reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with this Legal Notice.
YUDAYA reserves the right to remove all comments and contributions that violate the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in its opinion, are not appropriate for publication or violate Spanish law.
12. DURATION AND MODIFICATION
YUDAYA may modify the terms and conditions stipulated herein, totally or partially, by publishing any change in the same way in which this Legal Notice appears or through any type of communication addressed to Users.
The temporary validity of this Legal Notice coincides, therefore, with the time it is displayed, until it is totally or partially modified, at which time the modified Legal Notice will come into force.
Regardless of the provisions of the specific conditions, YUDAYA may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the website, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in this Legal Notice shall remain in force.
The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of the Legal Notice.
In the event of any discrepancy between the provisions of this Legal Notice and the particular conditions of each specific service, the provisions of the latter shall prevail.
In the event that any provision or provisions of this Legal Notice should be considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the other provisions of the Legal Notice.
The failure of YUDAYA to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed in writing by YUDAYA.
YUDAYA will pursue the breach of this Legal Notice as well as any improper use of its website, exercising all civil and criminal actions that may correspond to it by law. YUDAYA reserves the right to exercise all possible actions under Spanish law.
YUDAYA may inform and collaborate with the competent police and judicial authorities if it detects any infringement of current legislation or if it suspects a criminal offence or misdemeanour.
In compliance with Spanish legislation, YUDAYA undertakes to carry out this task as diligently as possible in accordance with its technical capabilities.
The relationship established between YUDAYA and the User shall be governed by the provisions of current legislation regarding applicable law and competent jurisdiction. However, for those cases in which the regulations foresee the possibility of the parties submitting to a jurisdiction, YUDAYA and the User, expressly renouncing any other jurisdiction that may correspond to them, will submit any controversy and/or litigation to the Courts and Tribunals of the City of Las Palmas de Gran Canaria.
The unauthorised use of the information contained in this website, its resale, as well as any breach of the Intellectual or Industrial Property rights of YUDAYA, will give rise to the legally established responsibilities.
16. CLAUSES COMMON TO ALL SERVICES
The use of the services offered by the website hdhotels.com will imply the full and unreserved acceptance, and the validity, of each and every one of the terms or general conditions (which will be considered automatically incorporated in the contract signed with Hd Hoteles Canarias S.L., without the need for their written transcription in the same) included in the latest updated version of these terms and/or general conditions. To do so, the client must provide his/her personal data (name and surname*, address, post code, town, country*, e-mail* and/or telephone; see marked with * for obligatory data), as well as the data of a credit card of his/her ownership (type of card, credit card number and expiry date), the use of which will depend on the form of payment chosen by the client from among the options offered. Credit card details will not be requested if payment is made by bank transfer.
By filling in the personal data form in any of the following contracting processes, the holder of such data authorises YUDAYA, S.L. to use and automatically process the personal data provided in order to proceed with the requested booking and/or manage YUDAYA's internal or external services. Clients who make a reservation are informed that their personal data will be communicated to the destination hotel for the purpose of managing the reservation and guaranteeing its execution.
16.1. Contracting Procedure
When using the service, after having entered your details and, where applicable, those relating to the credit card:
- The booking will be confirmed through the website itself with your booking code, and a screen will appear with detailed information about the booking.
- A confirmation e-mail will be sent to the e-mail address provided by the client with detailed information about the booking. The electronic contracting process will be concluded, and the booking service will be understood to have been contracted:
- In the event of payment of the contracted service at the hotel: with the receipt of the confirmatory e-mail.
- In the case of online payment of the contracted service: from the moment the positive charge is made to the card provided by the client.
- In the event of payment by bank transfer: as soon as the receipt of payment of 100% of the amount of the booking is received, always within a maximum period of 14 days after the on-line booking is made.
16.2. Forms of payment
- Payment of the contracted service at the hotel: in this case, the credit card details provided by the client will be used as a guarantee, without any charge being made to the same for the contracted services. Payment for the room and/or contracted services shall be made by the client at the hotel at the time of check-in.
- On-line payment of the contracted service: this form of payment means that the credit card, whose details have been provided by the client beforehand, is automatically charged for the amount corresponding to the room/s and/or services contracted. Consequently, the choice of on-line payment implies the provision of consent, both for the reservation and for its confirmation.
- Payment by transfer: this form of payment is offered as an alternative to payment by credit card in some hotels, and consists of the prepayment of 100% of the total amount of the reservation via bank transfer to the current account that will be provided to the client during the electronic contracting process. The transfer must be made within a maximum period of 14 days from the on-line booking. If the transfer is not made within this period and/or the payment notification has not been sent to the fax number indicated in the reservation, the reservation will be automatically cancelled. The contract is deemed to have been signed with the receipt of the bank transfer payment.
- Payment in cash at the reception desk.
However, the method of payment shall be specifically indicated for each specific service.
16.3. Cancellation Policy
The cancellation of the reservation may be made by telephone, through the information and reservations number indicated on the website, or on-line, just as the reservation was made. Cancellations can be made free of charge:
- Up to 18:00 hours two days prior to the day of arrival. Otherwise, the cancellation charges will be identified in their amounts with the compensation in the event of the client's no-show at the hotel (see Compensation Scheme).
If the prepayment was made by bank transfer, the hotel will request payment by invoice. The client expressly authorises this with the acceptance of these conditions.
- The contracting of offers, except for those in which the contrary is specified, may not be cancelled or modified at any time, and the client must pay the full amount, whether or not he/she enjoys the services. If the client does not check in at the hotel, the amount will be charged to the credit card whose details were provided by the client on the initial form. If the prepayment was made by bank transfer, the hotel may request payment by invoice. The customer expressly authorises this by accepting these terms and conditions. The invoice for the amount of the cancellation charges shall be sent to the address given by the customer at the time of registration.
16.4. Compensation in the event of the customer's failure to check in at the hotel
If the client does not check in at the hotel on the day of arrival, in accordance with his/her reservation, the hotel may charge the amount of the first night booked to the credit card (whose details it has received from the client in advance) as compensation.
16.5. In the event of unforeseen departures
In case of unforeseen departure, the client will be refunded the amount corresponding to the total amount of the accommodation minus the room/services consumed.
In this case, the following procedure will be followed:
- A credit note will be issued for the days not consumed and produced.
- The amount not consumed will be refunded using the same form of payment in which the prepayment was made.
If the prepayment is returned at the reception desk, the customer must sign the corresponding credit note.
If the prepayment was made by bank transfer, the hotel may request payment by invoice.
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