These are the General Conditions of Use regarding the utilization of ATLANTIS HOTELS & RESORTS business group’s Web Site, which is reachable through the main IP address http://www.atlantishotels.com/, as well as through those IP addresses that allow direct access to some of the sections or pages belonging to this Web Site.
The existence of these General Conditions of Use does not exclude the existence of other dispositions or conditions of admittance to the different sections that made up the ATLANTIS HOTELS & RESORTS Group’s Web Site.
These General Conditions regulate the use of the Services offered through our Web Site (www.atlantishotels.com), which are available to all Internet users free of payment. The use of our Web will give you the condition of User and it forces you to the full acceptance of all and each of the General Conditions described in the version published by ATLANTIS HOTELS & RESORTS (AH&R). It also supposes, from the moment that the user enters our Web Site, the acceptance of the privacy and personal data management policies. The User should carefully read these General Conditions each time that he/she intends to enter our Web. Furthermore, the use of this Service is regulated by all the warnings, regulations and instructions of use offered to the User by AH&R and which fulfil all the contemplated by these General Conditions as long as any incompatibility does not take place.
AH&R keeps the right to refuse or deny access to its Web Site, at any moment and without need of a warning, to all those Users that do not fulfil these General Conditions, as well as, the Specific Conditions that result from their application. The personal data related to the owner of this Web Site is the following:
- Name o Company: JOCA S A
- Business ID/ ID: A35079722
- Postal Address: CL ANGUILA 1 BAJO
- Post Code: 35660 - City: CORRALEJO-LA OLIVA
- Province: LAS PALMAS - Country: SPAIN
- Telephone number: 928535808
- Fax number: 928866607
Joca S.A. is a business belonging to the Atlantis Group & Resorts, which is made up by the following companies:
- Goiana, S.A. (hotel Dunapark)
- Netur, S.A. (hotel Atlantis),
- Secotur, S.A. (Hotel Fuentepark and Los Barqueros Apartments)
- Plazapain, S.A. (hotel Bahía Real).
1.- Acceptance of the Conditions of Use
The users should read the General Conditions of Use in this Web Site. The use or access to this Site implies the knowledge and complete acceptance of the legal warning and conditions specified below.
Furthermore, the use of certain services offered to the users of this official Web Site could be subjected to special conditions, warnings or instructions that also should be taken into consideration and accepted without any kind of reservation by the users.
2.- Conditions of Admittance
2.1 Free Access
The use of the ATLANTIS HOTELS & RESORTS Group’s Official Web Site is free of payment. However, the hiring of some of the services offered by this Web Site could be, at present or in the future, subjected to the payment of a price in which case it will be conveniently indicated.
2.2 Veracity of the User Data
The users guarantee the veracity and authenticity of the information and data transferred while fulfilling the application forms that, in each case, will be required in order to access to certain services. In this sense, the user is obliged to maintain his/her data updated in such a manner that it will be trustworthy at any moment. Any false or incorrect information resulting from a mistaken data, as well as any prejudice that such information could caused, will be responsibility of the user.
The responsible figure will give to the mentioned data the adequate management in agreement with the nature or purpose of this data in the conditions and terms indicated in the Web Site’s section: privacy and personal data management policy.
3.- Conditions of Use
The use of the ATLANTIS HOTELS & RESORTS Group’s Official Web Site should be respectful with the content of these General Conditions, the content of any legal dispositions applicable and the exigencies of the moral and good manners generally accepted.
The ATLANTIS HOTELS & RESORTS GROUP keeps for itself the unilateral right to deny the access to this Web Site to those users that do not fulfil these General Conditions of Use.
4.- Industrial and Intellectual Propriety
4.1.- Industrial and Intellectual Propriety
The denominations “ATLANTIS HOTELS & RESORTS”, “Atlantis Palace”, “Kempinski Hotel Bahía Real”, “Suite- hotel Atlantis Fuerteventura Resort”, “Kempinski Hotel Atlantis La Miranda Real”, “Atlantis Dunapark”, “Residencial Atlantis Los Barqueros”, as well as other distinctive signs (denominations, graphics and logos) that also appear in this Web page, are protected by the current regulation regarding the Industrial and Intellectual Propriety. The ATLANTIS HOTELS & RESORTS GROUP has the exclusive right to use them in economic transactions. Therefore, it is forbidden the use of them by third parts without an appropriated authorisation.
The presence in this Site of distinctive propriety signs different from those described in the previous paragraph is done without a commercial purpose and with the authorisation of their legal owners, always keeping the expected respect to the exclusiveness rights.
The User is expected to use this Web Site in a diligent, correct and legal manner, specifically committing him/herself to keep away from:
(a) Delete, avoid or manage the “copyright”, brands and other identity data attached to the rights of use of AH&R or any of its owners and attached to the contents and/or products commercialised through our Web Site. This also applies to technical protection devices, fingerprints or any data mechanism.
(b) Use the contents and, in particular, the AH&R information obtained through our Web Site to transfer publicity or communications focused on direct sell or any other commercial purpose or send unwanted messages directed to several people.
(c) Reproduce or copy, distribute or allow public access through any type of public communication. Also, transform or modify the contents, at least that authorisation of the owner of the correspondent rights will be granted or this action will be legal.
(d) In general, to use the contents in a manner or with effects contrary to the law, the moral or the good manners generally accepted or to use the contents against public order.
AH&R does not grant any license or authorisation of use of any kind over its Industrial and Intellectual Propriety Rights or over any other propriety or right related to its Web Site.
4.2.- Domain Names
The domain name www.atlantishotels.com and all those that could be used to directly access to this official Site are owned by JOCA S.A. and its use is exclusive. The unfair use of these names in economic transactions will suppose an infringement of the rights granted through their registry and it will be prosecuted by the law.
4.3.- Author Rights
4.3.1.-The contents, texts, illustrations, designs, logos, images, sounds, videos, animations and, in general, any intellectual creation in this official Site, as well as the Site on its own as a multimedia artistic creation, are protected as Author Rights by the legislation regarding Intellectual Propriety.
4.3.2.-In agreement with the previously mentioned, the exclusive rights of reproduction, distribution, public communications and modification, as well as any other rights of patrimonial nature over the elements indicated in the previous paragraph, belong to the ATLANTIS HOTELS & RESORTS GROUP and this without prejudice of the moral rights which belong to their authors.
4.4- Reservation of Acts
The user of this Web Site commits him/herself to respect the published rights and avoid any act that could damage them. Failure to fulfil the established by this section and, in general, any alteration of the pacific possession and ownership of the previously mentioned exclusiveness rights will be prosecuted with the means offered by the Spanish and International laws.
In this sense, the ATLANTIS HOTELS & RESORTS GROUP establishes the discrete exercise of any act, legal and civil, to protect its legal Industrial and Intellectual Propriety Rights.
4.5- Procedure in case of infringement of the Intellectual Propriety Rights
In case that any user or a third part considers that any of the contents has been introduced in the Web Site through an infringement of the Intellectual Propriety Rights, he/she should send a notification to AH&R indicating in detail his/her personal details and the Intellectual Propriety Rights supposedly infringed.
5- Personal Use
The user is specifically authorised by the ATLANTIS HOTELS & RESORTS GROUP to visualise, print, reproduce o save, in any other way, in his/her computer memory or other physical support, any content protected or not by the exclusiveness rights shown in this Web Site always that it will be done with personal or private ends and not with commercial, distribution or on-line exhibition purposes and without modifying or changing the mentioned contents. This power of personal use is taken by granted as long as the Author and Industrial Propriety Rights will be fully respected.
Any other use will require a specific authorisation, in written, by the ATLANTIS HOTELS & RESORTS GROUP. In agreement with all the mentioned up to the moment, the unauthorised use of the Industrial and Intellectual Propriety Rights shown in this Web Site, as well as, any infringement of the pacific possession and ownership of the mentioned rights will be prosecuted with the means described by the Spanish and International laws.
6.- Links
6.1- Links to independent Web Sites
In the ATLANTIS HOTELS & RESORTS Group’s Web Site, the user could find different links of interest that will take him/her to independent Web pages. The single purpose of these links is to facilitate the access to other Internet data resources related to the Group’s activity. The user’s research in this Web Site is supposed to respect the Intellectual Propriety Rights that, in its case, belong to the authors.
6.2- Conditions to link with this Web Site
People or companies that intend to develop, or have already developed, a link from an Internet Web page to any of the pages of the ATLANTIS HOTELS & RESORTS Group’s Web Site, should commit themselves to the following conditions:
- Any link to the ATLANTIS HOTELS & RESORTS Group’s Web will be done through its home page and could only be made up by the denominations “ATLANTIS HOTELS & RESORTS” or by the graphic-denominative brand “ATLANTIS HOTELS & RESORTS” as they appear in the Web’s home page, being forbidden the establishment of any other kind of link through any other sign or denomination without previous specific authorisation done by the ATLANTIS HOTELS & RESORTS GROUP;
- Any false, incorrect or mistaken argument will neither be included in the pages of the ATLANTIS HOTELS & RESORTS GROUP Web Site nor in the Site’s services or contents;
- The establishment of a link will neither imply the existence of a relation between the ATLANTIS HOTELS & RESORTS GROUP and the owner of the Web page or Site from which the link is done nor does it imply the knowledge or acceptance by the ATLANTIS HOTELS & RESORTS GROUP of the services and contents offered in the mentioned page.
7.- Registry of Cookies and IP Addresses
The ATLANTIS HOTELS & RESORTS GROUP informs to the users about the inexistence of cookies installed in its Web Site and the fact that the visitor IP address will not be registered
OR
The ATLANTIS HOTELS & RESORTS GROUP informs to the users that in its Web Site cookies are used with the purpose of personalise the Site and facilitate access to the user. At the same time, the user is informed that the visitors IP addresses are being registered with the purpose of collecting data in order to develop statistics.
8.- Exemption of Responsibilities
8.1.- Regarding Contents
8.1.1.- Data: the data, own data and third parts´ data, that appears in the Web Site “ATLANTIS HOTELS & RESORTS” is offered “as it is” without any kind of guaranty regarding its exactitude and updating. Consequently, the “ATLANTIS HOTELS & RESORTS” is not responsible for the possible prejudices caused by the use of the mentioned data.
8.1.2.- Errors: regarding the previous paragraph, published documentation could include technical mistakes or involuntary typographic errors for which “ATLANTIS HOTELS &RESORTS” is not responsible for. In any case, ATLANTIS HOTELS & RESORTS apologise for these errors and it commit itself to repair such irregularities as soon as possible. The Group will be grateful for any comment, idea or suggestion regarding the issue that the user would send to
proteccionatlantis@atlantishotels.com
8.1.3.- Hyper-links: the links, with or without publicity content, existent in this Web Site allow the user to abandon the ATLANTIS HOTELS & RESORTS´ Web. The linked Sites are not related, at least that it will be specifically indicated, to the ATLANTIS HOTELS & RESORTS GROUP who is neither responsible for the contents reachable through the mentioned links nor for the modifications done to those contents, the use done by the visitors and the technical availability of these links.
In any case, the ATLANTIS HOTELS & RESORTS GROUP, in agreement with its normative regarding links to independent Web Sites described in section 6.1 of these General Conditions, commit itself to do its best in order to avoid the existence of a link in its Web Site that could divert the user to pages with illegal contents, those that promote illegal activities and, in general, those susceptible to jeopardise the principles of freedom and human dignity, harm those values and rights recognised by the Spanish Constitution or damage goods or rights belonging to a third part.
The ATLANTIS HOTELS & RESORTS GROUP will act immediately in order to delete or stop any link from diverting the visitor to an illegal page or to a Site which is capable of damaging goods or rights belonging to a third part.
8.1.4.- Modification of contents: the data, presentation and services offered by this Web Site could undergo regular or specific changes, done by the ATLANTIS HOTELS & RESORTS GROUP without being the Group obliged to previously inform the users about these changes.
8.2.- Regarding the site Modus Operandi:
8.2.1.- Privacy: the ATLANTIS HOTELS & RESORTS GROUP does not guarantee the absolute privacy while using this Sites as the possibility that unauthorised third parts could have knowledge of the Site or the circumstances in which the Site could be used, could not be completely controlled.
8.2.2.- Virus: the ATLANTIS HOTELS & RESORTS GROUP does not accept any responsibility for possible damages caused by computer viruses, which inexistence could not be guaranteed.
8.2.3.- Technical Errors: The ATLANTIS HOTELS & RESORTS company is exempted from any responsibility derived from the wrong functioning of the Site or of any of its services as a consequence of an accidental circumstance, serious problem, need of maintenance or any other reason for which the company could not be blame for.
9.- Ending
At first, the duration of this Site is indefinite. The ATLANTIS HOTELS & RESORTS keeps for itself the right to stop or end the lending of some or all of its services without previously inform the users about it.
10.- Applicable Jurisdiction Law
These General Conditions of Use are regulated by the Spanish Law. Any dispute related to the ATLANTIS HOTELS & RESORTS Group’s Web Site will be based on the Spanish Jurisdiction, being the parts submitted to the Courts and Judges of Fuerteventura, with the specific refusal of any other body if existent or if different from the mentioned ones.