LEGAL ADVICE

1.- PURPOSE

The purpose of this document is to regulate the TERMS OF USE and safeguard www.gfhoteles.com USERS’ PROTECTION a domain registered in the Mercantile Register in favour of the entity Grupo Fedola, S.L. (herein after GF HOTELES), with domiciled registered office at Edificio Olympo, C/ Candelaria, n.º 28-1, 38002 Santa Cruz de Tenerife, Spain, telephone (34) 922 71 66 24, fax: (34) 922 716 752, e-mail: info@gfhoteles.com, registered in the Mercantile Register of Santa Cruz de Tenerife, tome 1951, volume 146, sheet TF-22040, of the General Section, Inscription 1ª, CIF:B-38573192.
Of a general nature, the relationship between GF HOTELES, the users and the clients derived from contracting the products and services contained in this website are subject to Spanish legislation and jurisdiction.

GF HOTELES is made up of the following companies: – COSTA ADEJE GRAN HOTEL, S.L. owner of the establishment GF Hoteles GRAN COSTA ADEJE, located in Avda. Bruselas 16, 38660, Adeje (Santa Cruz de Tenerife, Canary Islands, Spain) – FELAHOTEL S.L.U., owner of GF Hoteles FAÑABÉ, located in Avda. Bruselas 13, 38660, Adeje ( Santa Cruz de Tenerife, Canary Islands, Spain ); – ISABEL FAMILY HOTEL S.L.U., owner of GF Hoteles ISABEL, located in Avda. Moscú, 2, 38670, Adeje ( Santa Cruz de Tenerife, Canary Islands, Spain ); – GF NOELIA *** S.L.U., owner of A.T. GF Hoteles NOELIA ***, located in Avda. Hermandos Fernández Perdigón,9.38400, Puerto de La Cruz ( Santa Cruz de Tenerife, Canary Islands, Spain ).

2.- GENERAL CONDITIONS AND THEIR ACCEPTANCE

The use of the GF HOTELES webpage and the services and products contained within it means that the user accepts the General Conditions and the terms of use as stated on the webpage, as well as the specific conditions for each product or service, which must also be accepted.

Safeguarding the Terms and/or General contracting Conditions

GF HOTELES reserves the right to unilaterally modify, and without previous warning, any of the terms and conditions stated in these Terms and/or General contracting Conditions, in the way it esteems convenient, informing the user about the modifications made through www.gfhoteles.com.

Right to Modify the GF HOTELES Terms and/or General contracting Conditions

If one of the stipulations in these Terms and/or General contracting Conditions were declared null or inoperative, the rest of the Terms and/or General contracting Conditions will be maintained under the agreed Terms. GF HOTELES promises to substitute the stipulation affected by the nullity approximating as much as possible the initial intention sought by the parties. NO STIPULATION IN THIS CONTRACT WILL AFFECT IN ANY WAY THE IMPERATIVE REGULATIONS REGARDING CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPLICITLY RENOUNCE YOUR RIGHT TO WAIVER.

Applicable Law and Competent Jurisdiction

These Terms and/or General contracting Conditions are governed by Spanish law..  GF HOTELES and the users, for any conflict resolution that may arise, with respect to its validity, execution, fulfilment or termination, total or partial, are subject, explicitly renouncing their own jurisdiction or any other that, if it is the case, may correspond to them, to the competencies of the Courts and Tribunals of Santa Cruz de Tenerife. This contract constitutes the complete and integral terms of the agreement between GF HOTELES and the user, and substitutes all anterior pacts, commitments, declarations, both written and oral, that have previously existed between both parties.

 

3.- OBLIGATION TO MAKE CORRECT USE OF THE WEBPAGE AND SERVICES

The user promises to use the www.gfhoteles.com webpage and the services made available through it correctly, in accordance with the law, morality, accepted practices and public order, as well as with what is stated in these Terms of Use. It is therefore obligatory to not use the webpage or the its services for illicit ends or ends that are contrary to what is established in these Terms of Use, detrimental to rights or interests of third parties, or that can damage the webpage or impede the normal use of GF HOTELES or its image. This website is for personal use and never commercial. It is prohibited to modify, copy, distribute, transmit, reproduce, publish, commercialise, sell or any other activity that could be carried out with the content of this webpage, not even citing the sources, except with the written consent of GF HOTELES.

The user knows that the use of the Pre-Booking and on-line Booking services implies full acceptance of each and every one of the clauses included in the www.gfhoteles.com Terms of Use, in the version published by GF HOTELES at the exact same time the user contracts the service. Said terms of use complete these Terms or General Conditions in all issues not contrary to them. Therefore, the user must be aware of the importance of consulting the terms in this page before accessing it and/or using these services.

 

4.- GROUNDS FOR EXCLUSION

GF HOTELES reserves the right to temporarily or definitively exclude any user under the following suppositions:

– Through non-compliance of the General Conditions of Use.

– Through non-compliance of the laws, morality or public order.

5.- EXCLUSION OF GUARANTEES AND RESPONSIBILITIES

The access to this web is the exclusive responsibility of the users. GF HOTELES is not responsible for the damages or losses derived from the access, use or improper use of the web’s contents. 
The use of this webpage is done at the user’s own risk. Therefore, GF HOTELES is not liable for any loss or injury or damages, whether direct or indirect, in any way connected with or that come from the use of this page or any GF HOTELES information.

GF HOTELES does not guarantee nor is it liable for the consequences that may arise from errors that may appear in this web.

I) GF HOTELES DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THEREFORE ALL LIABILITY IS EXCLUDED FOR THE DAMAGES AND/OR LOSSES OF ALL KINDS THAT MAY ARISE DUE TO THE LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEB OR OF ITS SERVICES, ALTHOUGH IT WILL TRY TO FACILITATE, WITHIN ITS POSSIBILITIES, TECHNICAL ASSISTANCE TO THE PERSON AFFECTED.

II) GF HOTELES IS NOT OBLIGATED TO PREVIOUSLY CONTROL OR NOT CONTROL THE ABSENCE OF VIRUS OR ELEMENTS IN THE CONTENTS THAT MAY PRODUCE ALTERATIONS IN THE USER’S OR PERSONS’ WHO VISIT THE PAGES SOFTWARE OR HARDWARE, THEREFORE IT WILL NOT BE LIABLE FOR THE DAMAGES OR LOSSES OF ANY NATURE THAT MAY DERIVE FROM THE SAME.

III) IF GF HOTELES, DESPITE ACTING WITH THE DUE FORESIGHT AND DILIGENCE, COULD NOT FACILITATE THE CONTRACTED ROOMS FOR REASONS THAT CANNOT BE ATTRIBUTED TO IT AND IT WERE IMPOSSIBLE TO PROVIDE THE SERVICES UNDER THE AGREED CONDITIONS, GF HOTELES WILL OFFER THE USER THE POSSIBILITY TO CHOOSE BETWEEN THE TOTAL REFUND OF PAYMENTS MADE OR SUBSTITUTION FOR ANOTHER WITH SIMILAR FEATURES REGARDING CATEGORY O QUALITY. IF THE SERVICE SUBSTITUTION TURNS OUT TO BE OF AN INFERIOR CATEGORY OR QUALITY, GF HOTELES MUST REFUND THE DIFFERENCE.

 

6.- HIPERLINKS.

GF HOTELES does not assume any responsibility whatsoever for the information contained in the third party webpages that you may access through links or search engines in the GF HOTELES webpages. The presence of links in the GF HOTELES webpages is merely for informative purposes and under no circumstances suppose an invitation to or recommendation about them.

7.- PERSONAL DATA PROTECTION.

The user of the services offered through www.gfhoteles.com is voluntarily providing data of a personal nature (herein after the Personal Data) and explicitly and fully accepts and without reservations that GF HOTELES can treat them in an automated way and incorporate them into a file with the finality of being able to provide and offer its services, a file that is under the responsibility of GF HOTELES and which is registered or admitted before the competent authority.

Due to the characteristics themselves of the activity and the services and for the perfect development and carrying out of its objectives, it is necessary to cede the personal data to third parties. Said cessions or transfers of personal data can be directed towards the companies within GF HOTELES and/or other interested third parties. The cession of data of a personal nature to such entities has the exclusive finality of correctly providing the services that they offer.

The owners of the data have, at all times, the right to access the file and can exercise their rights to rectify, cancel and oppose in the Terms set out in the legislation regarding data protection. Likewise, the consent given by the user for the treatment and cession of his/her personal data will be revocable at all times without retroactive effects, in accordance with what is stated in articles 6 and 11 of Organic Law 15/1999, of the 13th of December on the Protection of Data of a Personal Nature.

To such ends it will only be necessary to contact GF HOTELES through the e-mail info@gfhoteles.com or by writing to its head office in Avenida Bruselas, 16 – 38660 Adeje – Tenerife, it guarantees that has adopted the opportune security measures in its installations, systems and files. Likewise, it guarantees the confidentiality of the Personal Data, although it will reveal to the competent public authorities the Personal Data and any other information that is in its power or accessible to it through its systems and which is requested in accordance with the legal dispositions and regulations applicable to the case. The users of www.gfhoteles.com guarantee and respond, in all cases, to the veracity, exactitude, validity and authenticity of the Personal Data facilitated and promise to keep them duly updated.

 

8.- COPYRIGHT


GF HOTELES
declares that the industrial property rights (Brands, Trademarks, etc.) that appear in this Website are its property and/or are legally operated by virtue of agreements and licences of use, and it is duly protected by the existing Legislation on Industrial Property. The User is obligated to use this Website with diligence, correctly and legally and, especially, he/she promises to abstain from:

(a) Suppressing, evading or manipulating the copyright, brands and other identifying data regarding the rights ofGF HOTELES or of its title holders incorporated into the content and/or products commercialised through theGF HOTELES, Website and, likewise, for technical protection devices, digital prints or any other information mechanism that may contain them.

(b) Employing the contents and, especially, the GF HOTELESinformation obtained through its Website, to send publicity, communiqués with direct sales aims or any other class with commercial ends, unrequested messages sent to a large number of people (spam).

(c) Reproducing or copying, distributing, permitting public access through any public communication modality, transforming or modifying contents, unless authorisation is given by the title holder of the corresponding rights or it happens to be legally permitted.

(d)In general, use the contents in ways, with ends or effects that are contrary to the law, morality and the generally accepted good practices or public order. GF HOTELES does not concede any licence or authorisation of use of any class on its industrial and intellectual property rights or on any other property or right related to its Website.

–    Procedure in the case of copyright violation.

In the case that any User or third party considers that any of the content that has been introduced into its Website violates his/her intellectual property rights then he/she must send notification to GF HOTELES with his/her complete and precise data indications and the information regarding the intellectual property rights that have supposedly been infringed and in which Website.

Also, GF HOTELES reserves the use of civil and/or criminal judicial actions against those physical or juridical bodies and their representatives who violate what is stated in these legal conditions of use, especially concerning the rights to copyright.