Legal Warning
Best Western Spain Hotels, S.L.


1.- GENERAL CONDITIONS

BEST WESTERN SPAIN HOTELS, S.L. (hereinafter referred to as BEST WESTERN ESPAÑA) is a non-profit organisation formed by partners which own and manage their respective hotels in an independent manner.

These General Conditions regulate the use of the services offered by the official web site for BEST WESTERN ESPAÑA (hereinafter referred to as www.bestwestern.es or web site) to its Internet users free of charge.

The use of the official web site for BEST WESTERN ESPAÑA will give the person making use thereof the condition of www.bestwestern.es user (hereinafter referred to as the “user”). Said user accepts fully and without reservation all of the General Conditions in the version thereof made public by BEST WESTERN ESPAÑA upon the user entering www.bestwestern.es. Consequently, the user must carefully read the General Conditions every time he/she intends to make use of www.bestwestern.es.

Access to certain services offered to users on www.bestwestern.es may be subject to specific Particular Conditions which, as the case may be, will replace, complement and/or modify the General Conditions. Accordingly, the user must also carefully read the corresponding Particular Conditions prior to using said services.

Likewise, the use of the Service is also subject to all the cautions and usage instructions and regulations brought to the attention of the user by BEST WESTERN ESPAÑA, which complete the provisions of these General Conditions in so far as they do not contradict said General Conditions.

2.- OBJECT

Through www.bestwestern.es, BEST WESTERN ESPAÑA provides its users with access to and use of different services made available to the users by BEST WESTERN ESPAÑA or by third-party users of www.bestwestern.es and/or by third party service suppliers.

BEST WESTERN ESPAÑA reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of www.bestwestern.es, as well as the services and conditions required to make use of www.bestwestern.es.

3.- WWW.BESTWESTERN.ES USAGE AND ACCESS CONDITIONS

3.1. Free nature of the use of and access to the Web Site

For the time being, the provision of the services rendered by BEST WESTERN ESPAÑA by means of www.bestwestern.es is free of charge, and does not require prior registration or subscription by the user. Notwithstanding the above , some services may only be used after prior registration or subscription in the manner expressly provided for in the Particular Conditions corresponding to said services. BEST WESTERN ESPAÑA may modify the terms of use of www.bestwestern.es without prior notice.

3.2. User Registration

BEST WESTERN ESPAÑA reserves some of the Services offered through www.bestwestern.es exclusively for the registered users of BEST WESTERN ESPAÑA once they have filled in the registration form for BEST WESTERN SPAIN users which is available for all users willing to register on www.bestwestern.es.

3.2.1.- Passwords Assigned

Passwords shall be assigned by BEST WESTERN ESPAÑA.

3.2.2.- Use and Safekeeping

The user undertakes to make diligent use of his password as well as to keep it secret form any third party.

The user undertakes to advise BEST WESTERN ESPAÑA, as soon as possible, of the loss or theft of any password, as well as of the risk of any password being accessed by a third party.

3.3. Obligation to use Web Site and Services correctly

The user undertakes to make use of www.bestwestern.es and the Services in accordance with the law and these General Conditions, and with morals and generally accepted practice and public order.

The user undertakes not to use the web site and the Services for illegal purposes, for any purposes which are in violation of the provisions of this General Conditions, or for any purposes which infringe or interfere with the rights and interest of third parties or which in any way impair, render useless, overload or otherwise damage www.bestwestern.es and the Services, or prevent the normal use or enjoyment of same by other Users.

3.4. Methods for obtaining the Contents

The user shall abstain from obtaining or even attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, generally, any kind of material available through www.bestwestern.es or the Contents by using methods or procedures other than those, as the case may be, made available to the user for these purposes or that have been indicated for these purposes at the web site containing the Contents or, in general, that are commonly used on the Internet for such purposes, provided these means or procedures do not involve any risk of damage or disablement of www.bestwestern.es.

3.5. Proper use of the Contents

The user undertakes to use the Contents in a diligent, correct and lawful manner and, particularly, he/she pledges to refrain from:

(a) using the Contents for purposes that are in violation of the law, morals and generally accepted practice and public order;
(b) reproducing or copying, distributing, allowing access to the public by any means of public communication, transforming or modifying the Contents, unless the authorisation of the holder of the corresponding rights has been granted or unless it is permitted by law to do so.

(c) deleting, avoiding or manipulating the copyright and other identification data with regard to the rights held by BEST WESTERN ESPAÑA or other rightholders incorporated to the Contents, as well as the technical protection tools or whatsoever information devices that might be contained in the Contents.

3.6 Use of the Services offered on the web site in accordance with BEST WESTERN ESPAÑA's Anti-Spamming Policy.

The user undertakes to make use of the Services in accordance with the Anti-Spamming Policy of BEST WESTERN ESPAÑA and, particularly, undertakes – by way of illustration and not limitation – to refrain from:

(a) sending publicity of any kind and any communication with purposes of sale or of any other commercial nat ure to a group of people without prior request and expressed written consent.

(b) sending any other messages which have not been requested or for which prior consent has not been obtained to a group of people.

(c) sending chains of electronic messages which have not been requested or for which prior consent has not been obtained.

(d) using any distribution list that could be accessed through the site or the services for the execution of the activities indicated in items (a) to (c) above,

(e) putting at the disposal of third parties, for any purpose whatsoever, data captured from distribution lists.

Users affected by the reception of non-requested messages sent to a group of people will be able to notify this to BEST WESTERN ESPAÑA by means of the corresponding email account.

4.- USE OF COOKIE TECHNOLOGY

BEST WESTERN ESPAÑA uses cookies when a user browses our web site. Our cookies are only linked to an anonymous user and his/her computer, and they do not provide any reference which may make it possible to find out the user's name and surname. BEST WESTERN ESPAÑA's cookies cannot read any data off of the user's hard drive or the cookie files created by other web sites. For increased security, BEST WESTERN ESPAÑA encrypts the user's I.D. information. Cookies make it possible for BEST WESTERN ESPAÑA to recognize registered users when they visit our Web Site after their initial registration, so that they do not have to register each time they visit the site in order to access the areas and services exclusively reserved for them. Users have the capability to configure their browser so that it notifies them whenever a cookie is received and to prevent the acceptance of cookies in their hard drive. Please refer to your browser instructions and manuals for further information. Users are not required to allow the installation of cookies sent by BEST WESTERN ESPAÑA in order to access our Web Site, but, in this case, they will have to register again each time they access a service requiring prior registration.

5.- USE OF WWW.BESTWESTERN.ES, AND OF THE SERVICES AND CONTENTS IS THE EXCLUSIVE RESPONSIBILITY OF THE USER

The user is aware and voluntarily accepts that the use of www.bestwestern.es , as well as of the services and the contents shall be, in any event, the user's sole and exclusive responsibility.

6.- EXCLUSION OF GUARANTEES AND LIABILITY

6.1. Exclusion of guarantees and liability for the operation of www.bestwestern.es and the Services.

6.1.1. Availability and continuity, usefulness and fallibility.

BEST WESTERN ESPAÑA does not guarantee the availability and continuity of the operation of www.bestwestern.es and its Services. Whenever reasonably possible, BEST WESTERN ESPAÑA will give advance notice of any interruption to the operation of the aforementioned Web Site and its Services. Likewise, BEST WESTERN ESPAÑA does not guarantee the usefulness of www.bestwestern.es and the Services with regard to any specific activity, nor its infallibility and, in particular, although not exclusively, that the Users may in fact use the Web Site and the Services, or access the different web pages which comprise the Web Site or those from which the Services are provided.

BEST WESTERN ESPAÑA EXCLUDES ANY LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE THAT MAY BE ORIGINATED IN THE LACK OF AVAILABILITY OR CONTINUITY OF OPERATION OF WWW.BESTWESTERN.ES AND THE SERVICES, ANY DISAPOINTMENT IN THE USE THAT USERS MAY HAVE ATTRIBUTED TO THE SITE AND THE SERVICES AND ANY FAULTS TO THE SERVICE, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO ANY FAULTS IN ACCESSING THE DIFFERENT WEB PAGES COMPRISING WWW.BESTWESTERN.ES OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.

6.1.2. Privacy and security in the use of www.bestwestern.es and the Services

BEST WESTERN ESPAÑA does not guarantee the privacy and security of the use of www.bestwestern.es or the Services and, in particular, BEST WESTERN ESPAÑA does not guarantee that unauthorised third parties will not find out about the type, conditions, characteristics and circumstances of the use of the Web Site and the Services by users.

BEST WESTERN ESPAÑA SHALL NOT BE LIABLE FOR ANY KIND OF DAMAGE AND LOSS THAT MAY BE DERIVED FROM THE KNOWLEDGE THAT THIRD PARTIES MAY GAIN OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE OF WWW.BESTWESTERN.ES AND ITS SERVICES BY USERS.

6.2. Exclusion of guarantees and liability with regard to the Contents

6.2.1. Quality

BEST WESTERN ESPAÑA does not control or guarantee the absence of viruses or other elements in the Contents that may lead to alternations in the User's computer system (software and hardware) or in the electronic documents and files held therein.

BEST WESTERN ESPAÑA SHALL NOT BE LIABLE FOR ANY POSSIBLE DAMAGE AND LOSS ARISING FROM THE PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENTS THAT MAY CAUSE ALTERATIONS TO COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS.

6.2.2. Legality, reliability and usefulness.

BEST WESTERN ESPAÑA does not guarantee the legality, reliability and usefulness of the Contents.

BEST WESTERN ESPAÑA SHALL NOT BE LIABLE FOR ANY POSSIBLE DAMAGES AND LOSSES RESULTING FROM THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, ACQUISITION OR ACCESS TO THE CONTENTS AND, PARTICULARLY, BUT NOT EXCLUSIVELY, FOR ANY DAMAGES AND LOSSES RESULTING FROM:

(A) NON-COMPLIANCE WITH THE LAW, MORALS, GENERALLY ACCEPTED PRACTICE OR PUBLIC ORDER AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, ACQUISITION OF, OR ACCESS TO, THE CONTENTS ;

(B) THE INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, CORPORATE SECRETS, ANY KIND OF CONTRACTUAL AGREEMENT, THE RIGHTS TO HONOUR, PERSONAL AND FAMILY PRIVACY AND ONE´S OWN IMAGE, THE RIGHTS TO PROPERTY AND ALL OTHER RIGHTS BELONGING TO THIRD PARTIES AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, ACQUISITION OF, OR ACCESS TO, THE CONTENTS;

(C) THE COMMISSION OF ACTS OF UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, ACQUISITION OF, OR ACCESS TO, THE CONTENTS;

(D) THE LACK OF VERACITY, ACCURACY, COMPLETENESS, RELEVANCE AND/OR CURRENCY OF THE CONTENTS;

(E) THE UNFITNESS FOR ANY PURPOSE AND THE DISAPOINTMENT OF THE EXPECTATIONS GENERATED BY THE CONTENTS;

(F) THE NON-FULFILLMENT, DELAY IN THE FULFILLMENT, DEFECTIVE FULFILLMENT OR TERMINATION FOR ANY REASON OF THE OBLIGATIONS CONTRATED BY THIRD PARTIES AND OF THE CONTRACTS ENTERED INTO WITH THIRD PARTIES IN RELATION TO OR BECAUSE OF THE ACCESS TO THE CONTENTS;

(G) FLAWS AND DEFECTS OF ANY KIND WITH REGARD TO THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR OTHERWISE COMMUNICATED, OFFERED, RECEIVED, ACQUIRED OR ACCESSED THROUGH WWW.BESTWESTERN.ES OR WITH REGARD TO THE SERVICES.

6.2.3. Veracity, accuracy, completeness and currency.

BEST WESTERN ESPAÑA does not guarantee the veracity, accuracy, completeness and currency Contents.

BEST WESTERN ESPAÑA SHALL NOT BE LIABLE FOR ANY DAMAGES AND LOSSES RESULTING FROM THE LACK OF VERACITY, ACCURACY, COMPLETENESS AND/OR CURRENCY OF THE CONTENTS .

6.3. Exclusion of guarantees and liability for the services provided by third parties through the Web Site.

6.3.1. Quality

BEST WESTERN ESPAÑA does not control or guarantee the absence of viruses or other elements in the services provided by third parties through www.bestwestern.es that may lead to alterations in the User's computer system (software and hardware) or in the electronic documents and files stored therein.

BEST WESTERN ESPAÑA SHALL NOT BE LIABLE FOR ANY POSSIBLE DAMAGES AND LOSSES ARISING FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH WWW.BESTWESTERN.ES THAT MAY RESULT IN ANY ALTERATION TO COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS.

6.3.2. Legality, reliability and usefulness.

BEST WESTERN ESPAÑA does not guarantee the legality, reliability and usefulness of the services rendered by third parties through www.bestwestern.es.

BEST WESTERN ESPAÑA EXCLUDES ANY LIABILITY FOR ANY DAMAGES AND LOSSES ARISING FROM THE SERVICES PROVIDED BY THIRD PARTIES THROUGH WWW.BESTWESTERN.ES AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR THE DAMAGES AND LOSSES ARISING FROM:

(A) NON-COMPLIANCE WITH THE LAW, GENERALLY ACCEPTED MORALS AND GOOD PRACTICE AND PUBLIC ORDER AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES.

(B) THE INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, CORPORATE SECRETS, CONTRACTUAL AGREEMENTS OF ANY KIND, THE RIGHTS TO REPUTATION, PERSONAL AND FAMILY PRIVACY AND ONE'S OWN IMAGE, THE RIGHTS TO PROPERTY AND ALL OTHER RIGHTS BELONGING TO THIRD PARTIES AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES

(C) THE COMMITMENT OF ACTS OF UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES

(D) THE LACK OF VERACITY, ACCURACY, COMPLETENESS, RELEVANCE AND/OR CURRENCY OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, RECEIVED, ACQUIRED, MADE AVAILABLE OR ACCESSED BY MEANS OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES

(E) THE UNFITNESS FOR ANY PURPOSE AND THE DISAPOINTMENT OF THE EXPECTATIONS GENERATED BY THE SERVICES RENDERED BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES

(F) THE NON-FULFILLMENT, DELAY IN THE FULFILLMENT, DEFECTIVE FULFILLMENT OR TERMINATION FOR ANY REASON OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND OF THE CONTRACTS ENTERED INTO WITH THIRD PARTIES IN RELATION TO OR DUE TO THE SERVICES PROVIDED THROUGH

WWW.BESTWESTERN.ES

(G) THE FLAWS AND DEFECTS OF ANY KIND WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES

6.4. Exclusion of warranties and liability for the information, Contents and Services provided outside www.bestwestern.es.

www.bestwestern.es places at the User's disposal technical linking devices (such as, among others, links, banners, buttons), directories, and search tools that allow Users to access web sites belonging to and/or managed by third parties (hereinafter called "Linked Sites"). The sole purpose of the installation of these links, directories and search engines is to assist users in the search for and access to information, contents and services available on the Internet. BEST WESTERN ESPAÑA does not offer or commercialise, whether on its own behalf or on behalf of a third party, the information, contents and services available in the Linked Sites. Likewise, BEST WESTERN ESPAÑA does not previously control, approve, supervise or claim as its own said information, contents and services. Therefore, the User should exercise extreme care in evaluating and using the information, contents and services provided in the Linked Sites.

BEST WESTERN ESPAÑA EXCLUDES ANY GUARANTEE OR LIABILITY WHATSOEVER FOR ANY DAMAGES AND LOSSES OF ANY NATURE DERIVED FROM:

(A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES;

(B) THE MAINTENANCE OF THE INFORMATION, CONTENTS AND SERVICES CONTAINED IN THE LINKED SITES;

(C) THE PROVISION OR TRANSMISSION OF THE INFORMATION, CONTENTS AND SERVICES CONTAINED IN THE LINKED SITES;

(D) THE QUALITY, LEGALITY, RELIABILITY, AND USEFULNESS OF THE INFORMATION, CONTENTS AND SERVICES CONTAINED IN THE LINKED SITES, IN THE SAME TERMS AND WITH THE SAME SCOPE AS PROVIDED IN GENERAL CONDITIONS 6.2 AND 6.3 WITH REGARD TO THE CONTENTS AND THE SERVICES PROVIDED BY THIRD PARTIES THROUGH

WWW.BESTWESTERN.ES.

6.5. Exclusion of guarantees and liability for the use of www.bestwestern.es and of the Services and Contents.

BEST WESTERN ESPAÑA is under no obligation to control, and does not control, the use made by the Users of www.bestwestern.es and of the Services and Contents. In particular, BEST WESTERN ESPAÑA does not guarantee that the Users will make use of www.bestwestern.es and the Services and Contents in accordance with these General Conditions and, where applicable, in accordance with the corresponding Specific Conditions, or that they will do it diligently and with care. Likewise, BEST WESTERN ESPAÑA is under no obligation to verify, and does not verify, the identity of the Users or the veracity, currency, completeness and/or authenticity of the information provided by the Users about themselves to other Users.

BEST WESTERN ESPAÑA EXCLUDES ANY LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE WHICH MAY ORIGINATE IN THE USE OF THE SERVICES AND THE CONTENTS BY THE USERS OR WHICH MAY ORIGINATE IN THE LACK OF VERACITY, CURRENCY, COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION PROVIDED BY THE USERS TO OTHERS ABOUT THEMSELVES AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR SUCH DAMAGES AND LOSSES AS MAY BE DERIVED FROM THE PHISHING OR IMPERSONATION OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE WEB SITE.

Particularly, BEST WESTERN ESPAÑA shall not be liable for any claim related to errors or omissions taking place upon sending, receiving, confirming or guaranteeing reservations or related to the availability of rooms, services or products offered on the premises of members of the BEST WESTERN organization.

7.- REFUSAL OR WITHDRAWAL OF ACCESS TO THE WEB SITE AND/OR THE SERVICES

BEST WESTERN ESPAÑA reserves the right to refuse or withdraw access to www.bestwestern.es and/or the Services, at any time and without prior notice, to any users who fail to meet these General Conditions or the applicable Particular Conditions.

8.- PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES

If any User or third party should consider that there are facts or circumstances indicative of unlawful use of any of the contents and/or of unlawful activities on the pages included in or accessed through www.bestwestern.es and, specifically, of the violation or breach of industrial or intellectual property rights (patents, industrial models and drawings, trade marks and names, etc.) or of any other rights, said user or third party shall send a notification to BEST WESTERN ESPAÑA including the following information:

(a) Personal details: name, address, telephone number and e-mail address of the claimant ;

(b) Information identifying the alleged unlawful acts carried out on www.bestwestern.es and, specifically, in the case of alleged violation or infringement of rights, precise and specific mention of the protected contents as well as of their location on the pages of the Web Site;

(c) Facts or circumstances indicative of the unlawful nature of the activity in question;

(d) In the event of violation or infringement of rights, authentic signature or equivalent, along with the personal details of the holder of the rights which have allegedly been infringed upon or of the person authorised to act for and on behalf of the holder of the rights;

(e) A clear and express statement by the claimant, under his/her responsibility, that the information provided in the notification is accurate and that the use of the contents or the activities mentioned is unlawful. These notifications shall be sent to:

Best Western Spain Hotels, S.L.

Avenida General Peron, 26, Escalera 1, 7 Dcha.

28020. Madrid.

9.- TERM AND TERMINATION

The www.bestwestern.es services and other Services shall be provided, in principle, for an indefinite term. Nevertheless, BEST WESTERN ESPAÑA is entitled to terminate or suspend the provision of the Web Site services and/or any of the other Services at any time, without prejudice to the provisions in this regard set forth in the corresponding Specific Conditions. Whenever reasonably possible, BEST WESTERN ESPAÑA will give advance notice of the termination or suspension of the provision of the www.bestwestern.es services and other Services.

10.- GOVERNING LAW AND JURISDICTION

Acceptance of the services provided by this Web Site implies that the parties submit to the exclusive jurisdiction of the Spanish courts in order to settle any dispute relating to the services or products offered by this Web Site.