LEGAL NOTICE AND GENERAL TERMS OF USE

1. Legal notice

In compliance with the Spanish Act 34/2002 Services of the Society of Information and E-Commerce (LSSICE), we hereby inform you that eveniahotels.com (hereinafter referred to as the “Web”) is a domain name owned by PROYECTOS LAURAM S.L (hereinafter referred to as “PROYECTOS LAURAM”), with registered offices in calle Muntaner 401, 1st Mezzanine Floor 08021 Barcelona – Spain, Tax Identification Code C.I.F. B62470695.

2. Purpose

The purpose of this document is to regulate the terms of use of the Web (hereinafter referred to as “General Terms”) and safeguard the protection of its users. The terms “You” and “User” are hereby used to refer to the individuals and/or entities that for any reason may access this web site.

PROYECTOS LAURAM provides through the Web (and its other official web pages), information and services relating to our restaurante, such as Online Reservations, image gallery, Customer Service and several constantly evolving promotions (hereinafter referred to as the “Services”).

3. Browsing and acceptance of the General Terms

The use of the Web and/or its services, grants you the condition of user and shall imply full acceptance without reservations and validity of each and all of the General Terms contained in the last updated version of these terms of use, so that the users shall be aware of the importance of reading them each time they visit the Web.

4. Reservations

Reservations are made through the booking engine of La Forchette Sas.

5. Personal Data Protection

Pursuant to Article 5 of Organic Law 15/1999 of Data Protection and its development regulations, the user expressly consents that data provided during the provision of the services, either during the booking process or through the contact form to request any information, are collected and processed in an automated file owned by PROYECTOS LAURAM S.L., with address in Calle Muntaner 401, 1st Mezzanine Floor 08021 Barcelona, Spain.

The purpose of this processing is to provide the user with an optimal service as customer and, in the event the user may contract our services, give compliance to the requirements of invoicing and payment, accounting and audit of the company, statistical analysis, as well as to carry out satisfaction surveys and commercial communications by email, mobile channel or telemarketing of the products and services of PROYECTOS LAURAM, on services offered through the web page of PROYECTOS LAURAM which it may consider as interesting for the user since they are similar to the ones contracted. If the user does not want to receive commercial communications by email, the user may address to PROYECTOS LAURAM in writing to the Marketing Department to the postal address above written or by email to the address marketing@eveniahotels.com being appropriately identified (and including the reference “Re. Data Protection”). Additionally, the user may exercise his/her rights of access, rectification, cancellation and opposition by means of a written communication, attaching a photocopy of the ID Document or equivalent identification document, writing to the Marketing Department to the postal address above written or by email to the address marketing@eveniahotels.com being appropriately identified (and including the reference “Re. Data Protection”).

Similarly, the user expressly consents that data provided and those which may be collected during the provision of the service are assigned to companies of the EVENIA Group (pursuant to the regulations below, for the effective provision of the service contracted (aspects of invoicing and management of the booking) and for the delivery of commercial communications of (i) the products and services of PROYECTOS LAURAM and the companies of the EVENIA Group (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted; as well as (ii) third parties products and services (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted.

PROYECTOS LAURAM guarantees the adoption of the appropriate measures to ensure the confidential processing of such data and shall adopt the necessary measures to prevent their alteration, loss, non-authorised processing or access, considering at all times the state of technology pursuant to the legislation in force in Spain on personal data protection.

5. Cookies

Part of the customisation services of PROYECTOS LAURAM use cookies.

A cookie is a very small file that a web server may save in the hard disk of any computer to store any kind of information on the user. It may only be read by the web site that sent it to the computer.

Web sites usually use cookies to obtain statistical information on their web pages and analyse the behaviour of their customers.

PROYECTOS LAURAM uses cookies with the sole purpose of elaborating use statistics of its web site. The information that PROYECTOS LAURAM stores in its computer equipment by means of this mechanism only consists of a number that identifies a user, additionally to preferences, such as the browsing preferred language and the date in which the cookie was deposited. This will allow PROYECTOS LAURAM recognizing the users in their next visits to the web site. They do not contain any persona data, economic or health information.

PROYECTOS LAURAM may also register the IP addresses to diagnose any problem with our server, to manage our web page and analyse the trends of users.

For more information on the cookies used by PROYECTOS LAURAM and how to disable them, click the following link: POLICY OF COOKIES.

6.-  Confidentiality

PROYECTOS LAURAM shall not reveal your personal dada to any third party, except for that established in the sections above.

PROYECTOS LAURAM guarantees that it shall treat your personal data confidentially, as well as that the server in which data shall be stored and processed has the security measures established in the Spanish regulations on data protection.

7.-  Use of the Web and contracting of services

7.1.  Use of the Web: The user undertakes to use the Web and any such services made available thereto through the Web in accordance with the Law, morality, good practice and the public order, as well as that provided in these General Terms. Consequently, the user is obliged not to use the Web or services with unlawful purposes or effects and/or contrary to that established in these General Terms, with purposes or effects that may damage the rights and/or interests of third parties or which otherwise may damage the Web or prevent its normal use or the services accessible through the Web. In this regard, in the event that the user may not respect these General Terms, PROYECTOS LAURAM reserves the right to immediately suspend the user account (in the event that the user may have an account), PROYECTOS LAURAM being also entitled to deny access to the service.

7.2. Contracting Proceedings: Users shall access the Web either directly through the Web or subscribing to the service of newsletter of PROYECTOS LAURAM to receive commercial communications.

Users, after selecting a specific service published on the Web, may formalise the booking process of such service through the search engine of “La Forchette” SAS.

8.- Intellectual Property and Copyright

Any information contained on the Web, its graphic design and the language code is protected by copyrights and other intellectual property rights. Notwithstanding that regulated in these terms of use, the distribution, modification, assignment, public communication, reproduction or any other act of part or all the information published on such page without the prior authorization of PROYECTOS LAURAM shall not be allowed. Any reproduction or copy, distribution or publication, without the prior written authorization of PROYECTOS LAURAM is hereby prohibited. The reproduction authorisation may be requested to the email address marketing@eveniahotels.com.

9.- Right to Modify the General Terms and Disclaimer.

9.1. Modification: PROYECTOS LAURAM reserves the right to modify these General Terms by informing the user of the modifications made through the Web. For this reasons, the user shall regularly visit the last version published on the Web, which the user shall be accepting upon any new connection thereto. Such modifications shall be only applicable as of their effective date. In any event, prior to any contraction of any service offered on the Web, the user shall be required to accept both the General Terms from time to time in force, as well as, if any, the relevant particular conditions of the service contracted. In the event of conflict or inconsistency between the General Terms of Use and the particular conditions, the latter shall prevail.

9.2. Warranties and Liability: PROYECTOS LAURAM does not guarantee the feasibility, availability or continuity of the service made available to the user, so that PROYECTOS LAURAM excludes any liability for the damages caused due to any lack of availability or continuity of its web page or its services, although PROYECTOS LAURAM shall try to provide, to the best of its ability, technical assistance to the persons affected, as well as to immediately restore the interruption, making available to the user, to the best of its ability, alternative means.

PROYECTOS LAURAM is exempted from any liability that may arise from the contents of the opinions or public comments published on its webpage and made by the users.

10. Links/Hyperlinks

In the event that the Web may refer by means of links or advertising to third-party web pages, PROYECTOS LAURAM does not undertake to control and does not previously control, approves or adopts as its own the services, contents, data, files, products and any material existing on the third party web page or pages. Therefore, PROYECTOS LAURAM shall under no circumstances be liable for the legality of the contents of such pages, the respect for legality, morality, good practice and public order, the contents, as well as for the foregoing not damaging any right of third parties, among others, being under the liability of such third party. The existence of any hyperlink does not imply any kind of relation between PROYECTOS LAURAM and the owner of the web page on which the same may be established.

Such users or third parties intending to establish a hyperlink with the Web, shall obtain the prior and written authorisation of PROYECTOS LAURAM, as well as to guarantee that the hyperlink only allows access to pages or services of the Web, but it does not made, among others, reproduction of contents, deep-links, browsers, inaccurate or incorrect statements on the contents of the Web. Except for such signs being part of the hyperlink, the user shall guarantee that the web page on which the hyperlink may be established, does not contain brands, trade names, establishment signs, names, logos, slogans or any type of distinctive symbol belonging to PROYECTOS LAURAM.

11. Severability

If any clause in these General Terms may be declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such null and ineffective provision or part thereof, the remaining General Terms remaining in force, considering such provision or part thereof as excluded.

12. Governing Law and Jurisdiction

These General Terms, as well as the Privacy Policy and Cookies Policy are governed by the Spanish legislation. PROYECTOS LAURAM and users, for the settlement of any controversy that may arise in respect to its validity, execution, performance or total or partial termination submit to, expressly waiving their own venue or any other venues that, otherwise, may correspond thereto, the competence of the Courts and Tribunals of Barcelona, unless the law may provide otherwise. This Agreement constitutes the complete and entire expression of the agreement between PROYECTOS LAURAM and the user and supersedes any other previous covenants, commitment, statements or arrangements, written or oral, which may have existed between them.