TERMS AND CONDITIONS

1. INTRODUCTION

While using or visiting the website hosted in www.baltumhotel.com ("Site") or the information, data files, written text, charts, links, audio files and other sound, photographs, videos and other images (together referred to as “Contents”), resources and services, including newsletter (together, and including Contents, referred to as “Services”) made available through the website, you are, either as a user or visitor (“User”), agreeing with and accepting these terms of use (“Terms of Use”) and the privacy and data protection policy available at Privacy Policy (“Privacy Policy”).

The Site is property of Hotel Baltum – Explorações Hoteleiras Unipessoal, Lda, registred in Avenida 25 de Abril nº 26, 8200-014 Albufeira, with the VAT number PT 502164298. Through the Site, the company provides the User with access to the Services. The Services, including updates, developments, new tools and/or new Web properties, are subject to the Terms of Use.

It is possible to make reservations for accommodation through the Site, although the contracting party in contracts entered into through the Site, whose object is the rendering of travel services, will be another entity of the company, duly licensed and identified in the General Reservation Terms. The company merely offers the platform on which the User hires the services, and will not therefore be liable for any problems arising from the fulfillment of such contracts.

2. GENERAL OBLIGATIONS AND RESPONSIBILITIES OF THE USER

The company reserves the right to change these Terms of Use at any time, merely by posting the respective modifications online on the Site, and the User is the sole responsible for verifying and complying with the terms in every access to the Site. By continuing to use of the Site after the changes are posted you are stating to have accepted the updated version of the Terms of Use. In case you do not agree with the modifications made or, in general, with the Terms of Use, you must immediately cease to use the Site and the Services.

By accessing, using and downloading material from the Site, you agree, in your own name and/or on behalf of the entity you represent, to strictly comply with the provisions of the Terms of Use, further warranting you have the power to act on behalf of the third party you represent, if applicable.

The User must not, under any circumstances, access the Services by any other means other than the interface made available by the company, or access (or try to access) the Site and/or the Services through automated means (including the use of scripts or web crawlers).

Under no circumstances must the User use the Site for any other purposes other than the purpose of the Site, including illegal purposes, or any other ends that may be considered harmful to the market image of the company. Usurping, counterfeiting, and using usurped or counterfeited content, as well as non legitimate identification and unfair competition are criminal offenses punished by law. Additionally, the User must not create or place on the Site any type of virus or programs that may harm or contaminate it, and must not advise others to do so.

User Account

In order to access certain Services and restricted areas of the Site, the User may be required to provide some personal data (such as identification and contact details), in the scope of the registration process for the creation of a User account at the Site (“User Account”). A valid e-mail address, to which the user has the right to legitimately access, must be provided, as well as any other information necessary for the conclusion of the registration process. The information provided must be updated, complete and accurate.

The User is responsible for maintaining the confidentiality of his/her/its password. In case the User detects illicit use of his/her/its User Account, he/she/it must immediately communicate the occurrence to the company. Notwithstanding, he/she/it may answer for the illicit use of his/her/its User Account or password before the company or a third party.

The User Account may only be used by a third party with consent from the account holder.

The User is the sole responsible for any damage deriving from or loss of profit caused by his/her/its illicit conduct while using the Site and the Services, and for the Contents he/she/it makes available on the Site.

In case that the company deactivates, or in any other way prevents the User from accessing his/her/its User Account, the User understands and accepts that he/she/it may be prevented from accessing certain restricted areas of the Site, his/her/its User Account details or any contents therein.

3. RIGHTS

The user may exercise his rights of access, rectification, cancellation and opposition in writing, accompanied by a copy of his ID document, addressed to the organisation responsible for the file, sent to the address indicated below:

- Paraty Hoteles SL | Calle Ivan Pavlov Numero 8, Bloque 2 Planta 1º, Oficina A, CP 29590 Campanillas - Málaga - España
- Hotel Baltum – Explorações Hoteleiras Unipessoal, Lda | Avenida 25 de Abril nº 26, 8200-014 Albufeira | PT 502164298

4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS

Ownership

All information on the Site and the Services, and all data and information compiled by the company and associated to them (such as data files, written text, Software, music, audio files and other sound, photographs, videos or other images) to which the User has access as part of the Services or by using the Services, are deemed property of the company (or of an entity of the company or a third party, when duly identified). The User may not modify, let, lend, borrow, sell, distribute, or create a derivative work based on the referred contents (partial or total), unless with express consent from the company or a third party holder of the respective intellectual property and personality rights.

The User recognizes and agrees that the company and applicable entities of the company (as applicable) own all intellectual property rights (both registered or unregistered rights in any part of the world where such rights may exist) relative to the Services. The company and applicable entities of the company (as applicable) own all rights not expressly granted to the User by these Terms of Use.

The User agrees also not to remove, hide, or change any intellectual property rights notices (including copyright and trademark notices) that may be posted or stored in the Services.

Brands and related material

Unless expressly authorized by the company to do so, the Terms of Use do not offer the User a right to use any trademarks or registered trademarks, service brands logos, domain names, and other brand characteristics distinctive of the company or any other entity of the company.

Software

The company grants the User a personal, worldwide, free of charge, non transmissible and non exclusive license to use the reservations interface made available in the Site as part of the supplied Services (“Software”). This license has the purpose of allowing for the use and enjoyment of the reservation service as it is made available in the Site, and under the provisions of the Terms of Use.

The User may not, and may not allow any third parties to copy, modify, create a derivative work, reverse engineer, decompile, or, in any other way, try to extract the source code of the Software or any part of the Software, unless with express consent, or as foreseen by the applicable legislation, or if the User has been specifically authorized to do so, in writing, by the company. Unless the company has granted the User specific authorization, in writing, the User may not give (or sublicense) his/her/its rights to use the Software, neither may he/she/it grant his/her/its rights to use the Software as security nor, alternatively, transfer any part of his/her/its rights to use the Software.

5. PRIVACY POLICY

The Privacy Policy is available in www.baltumhotel.com. The policy has an explanation of the procedures adopted by the company and third parties rendering services through the Site, in the scope of the handling of the users’ personal data and the protection of their privacy when using the Site and the Services. You accept that the company will collect and handle your personal data under the terms of the Privacy Policy.

6. GENERAL PROVISIONS

Prevalence

In case of conflicts between the Terms of Use and other specific provisions or specific terms and conditions on the Site concerning certain materials, those will prevail.

Exercising rights

The choice not to exercise any rights or provisions, as foreseen by the Terms of Use, by the company must not be deemed a waiver to such rights.

Entirety

The Terms of Use are the entire agreement between the User and the company concerning the use and consultation of the Site and the Services, by the User, and regulate their use (excluding any Services that may be supplied by the company in the scope of a separate contract), fully replacing any previous agreements made between the User and the company concerning the Site and the Services.

Reduction

Non validity, declared by judicial or arbitrary rulings, res judicata, of a provision of the Terms of Use, does not determine the non validity of the remaining provisions, and the company reserves the right to, if applicable, modify the Terms of Use in order to suppress the non valid character of the provision.

Notices/Communications/Complaints

Any notifications and communications from the company to the User under the Terms of Use must, preferably, be sent to the e-mail or home addresses made available by the User on his User Account, without prejudice of the company’s ability to resort to other elements and contact methods.

Any notices, communications and complaints from the User must be sent, preferably, to the e-mail info@baltumhotel.com .

7. APPLICABLE LAWS AND JURISDICTION

The Terms of Use, as well as the User’s relationship with the company in accordance to the Terms, are ruled by the applicable laws of the Portuguese Republic. The User and the company agree to submit to the exclusive jurisdiction of the county courts of Lisbon the resolution of any legal issues deriving from the Terms of Use, without prejudice of the mandatory legal regulations applicable. Notwithstanding, the company may apply an injunction (or an equivalent mean of urgent legal compensation) in any jurisdiction. In case of a judicial conflict that affects Paraty Hotels it will be solved in the Courts of Málaga, Spain.