Legal Notice

1. Legal information and acceptance.

We inform you that, pursuant to Article 10 of Law 34/2002, of 11 July,  on Services of the Information Society and Electronic Commerce  (LSSICE), the identifying data of the enterprise responsible for this  website are:

  • The social Reason: PERLA HOTEL SA
  • NIF: A29377835
  • Address: C/ Mérida 15, 29780, Nerja (Málaga)
  • Telephone: 952523350
  • Email: protecciondedatos@hotelperlamarina.com
  • Data on the registrer: REGISTRO MERCANTIL DE MÁLAGA TOMO 1004, FOLIO 191, HOJA 13618A, LIBRO 776

The use of the Website implies the express and full acceptance of the  general terms and conditions in the published version at the time the  user accesses it, without prejudice to any particular conditions that  may apply to some of the particular services on the website. 

 Access to the Website is free of charge except for the cost of  connecting via the telecommunications network provided by the  access provider contracted by users. Certain services are exclusive to our clients and their access is restricted. 

The use of the Website attributes the user status of the Website  (hereinafter referred to as ‘User’) and implies acceptance of all the  conditions included in this Legal Notice. The provision of the Website  service is limited to the time when the User is connected to the  Website or to any of the services provided through it. Therefore, the  User must carefully read this Legal Notice on each of the occasions in  which he intends to use the Website, since this and its conditions of  use contained in this Legal Notice may be modified. 

Some Web Site services accessible to Internet users or exclusive to  customers of PERLA HOTEL SA, may be subject to particular  conditions, regulations and instructions that, if any, replace, complete and/or modify this Legal Notice and it must be accepted by the User  before beginning the provision of the corresponding service.

2. Intellectual and industrial property.

This Website and the contents it houses are protected by the current  legislation on intellectual property. PERLA HOTEL SA holds all the  intellectual and industrial property rights of your website, as well as  the elements contained therein. Therefore, it is expressly prohibited  the reproduction, distribution, public communication and  transformation of all or part of the contents of this website, for  commercial purposes, in any medium and by any technical means,  without the express authorization of PERLA HOTEL SA

2.1 Terms and Conditions.

Marks, trade names or distinctive signs are the property of PERLA  HOTEL SA or third parties, without access to the Website being  deemed to confer any right on the aforementioned trademarks, trade  names and/or distinctive signs. All products and services on these  pages that are NOT owned by PERLA HOTEL SA are registered  trademarks of their respective owners and are recognized as such by  our company. They only appear on the PERLA HOTEL SA website for  the purpose of promoting and collecting information. These owners  may request modification or deletion of the information that belongs  to them. 

3. Terms of use of Website

3.1 General

User is obliged to make correct use of the Website in accordance with the Law and this Legal Notice. The User shall be liable to PERLA  HOTEL SA or to third parties for any damages that may be caused as  a result of the breach of that obligation. It is expressly prohibited to  use the Website for the purpose of affecting property or interests of  PERLA HOTEL SA or third parties or otherwise overloading, damaging  or disabling networks, servers and other computer equipment  (hardware) or computer products and applications (software) of  PERLA HOTEL SA or third parties.

3.2 The content

The User undertakes to use the Contents in accordance with the Law  and this Legal Notice, as well as with the other conditions, regulations and instructions which may, where appropriate, be applicable in accordance with clause 1. As a mere statement, the User shall refrain  from: 

  • Reproducing, copying, distributing, making available, publicly  communicating, transforming or modifying the Contents except in  cases authorized by law or expressly consented by PERLA HOTEL SA  or by whom he or she holds title to the exploitation rights in his or her case.
  • Reproduce or copy for private use Contents that may be considered  as Software or Database in accordance with current intellectual  property law, as well as their public communication or making  available to third parties when such acts necessarily involve  reproduction by the User or a third party.
  • Extract and/or reuse all or a substantial part of the Contents of the  Website as well as the databases that PERLA HOTEL SA make  available to Users.

3.3 Introduction of links to the Website

The Internet user who wants to enter links from his own web pages to  the Website must comply with the conditions detailed below without  the knowledge of the same avoids the responsibilities arising from the Act: The link will only link to the home page or main page of the  Website but will not be able to reproduce it in any way (online links,  copy of texts, graphics, etc) 

It shall in any event be prohibited, in accordance with the legislation  applicable and in force at any time, establish frames or frameworks of any kind that surround the Website or allow the display of the  Contents through Internet addresses other than those of the Website  and, in any case, when viewed in conjunction with content outside the Website in such a way that: (I) produces, or may produce, error,  confusion or deception in users about the true source of the service or Content; (II) is an act of comparison or unfair imitation; (III) serves to  take advantage of the reputation of the brand and prestige of PERLA  HOTEL SA; or (IV) in any other way is prohibited by the legislation in  force. 

No false, inaccurate or incorrect statement about PERLA HOTEL SA, its partners, employees, customers or the quality of the services it  provides will be made from the link page. 

In no case will it be expressed on the page where the link that PERLA  HOTEL SA has given its consent for the insertion of the link or that  otherwise sponsors, collaborates, verifies or supervises the services of the sender is located.

It is prohibited to use any denominational, graphic or mixed mark or  any other distinctive sign of PERLA HOTEL SA within the sender’s  page except in cases permitted by law or expressly authorized by  PERLA HOTEL SA and whenever permitted, in these cases, a direct  link to the Website in the manner set out in this clause. 

The page that establishes the link must faithfully comply with the law  and may not in any case have or link with contents of its own or third  parties that: (I) are unlawful, harmful or contrary to morality and  morality (pornographic, violent, racist, etc.); (II) induce or may induce  in the User the false conception that PERLA HOTEL SA subscribes,  supports, adheres to or in any way supports, ideas, manifestations or  expressions, lawful or unlawful, of the sender; (III) are inappropriate  or irrelevant to the activity of PERLA HOTEL SA in view of the location, content and theme of the sender’s website.

4. Disclaimer

4.1 Information

Access to the Website does not imply an obligation on the part of  PERLA HOTEL SA to verify veracity, accuracy, adequacy, the  suitability, completeness and timeliness of the information provided  through it. The contents of this page are of a general nature and do  not constitute, in any way, the provision of a legal advisory service or  of any kind, therefore such information is insufficient for the User to  make personal or business decisions. 

PERLA HOTEL SA shall not be held responsible for decisions taken on  the basis of the information provided on the Website, or for any  damage or damage suffered by the User or third parties in connection with actions based solely on the information obtained on the Web  site.

4.2 From the quality of the service

Access to the Website does not imply the obligation on the part of  PERLA HOTEL SA to control the absence of viruses, worms or any  other harmful computer element. The User shall, in any case, be  responsible for the availability of appropriate tools for the detection  and disinfection of harmful software.  

PERLA HOTEL SA is not responsible for damage to the computer  equipment of Users or third parties during the provision of the  Website service.

4.3 Availability of the Service

Access to the Website requires third party services and supplies,  including transportation through telecommunications networks whose reliability, quality, continuity and operation do not correspond to  PERLA HOTEL SA Consequently, services provided through the  Website may be suspended, cancelled or rendered inaccessible prior  to or simultaneous with the provision of the Website service. 

PERLA HOTEL SA is not responsible for any damages or damages of  any kind produced on the User that cause failures or disconnects in  the telecommunications networks that cause the suspension,  cancellation or interruption of the Website service during or prior to  the provision of the Website.

4.4 Content and services linked through the Website

The access service to the Website includes technical link devices,  directories and even search tools that allow the User to access other  Internet pages and Websites (hereinafter, ‘Linked Sites’). In these  cases PERLA HOTEL SA acts as a provider of intermediation services  in accordance with article 17 of Law 34/2002, 

of July 12, on Services of the Information Society and Electronic  Commerce (LSSI) and will only be responsible for the contents and  services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due  diligence. In the event that the User considers that there is a Linked  Site with illicit or inappropriate content, he / she may communicate it  to PERLA HOTEL SA in accordance with the procedure and the effects  established in clause 6, without this communication entailing the  obligation to Remove the corresponding link. 

In no case should the existence of linked sites presuppose the  existence of agreements with the responsible persons or holders  thereof, or the recommendation, promotion or identification of PERLA  HOTEL SA with the demonstrations, content or services provided. 

PERLA HOTEL SA does not know the contents and services of the  Linked Sites and therefore is not responsible for the damages caused  by the illegality, quality, outdated, unavailability, error and  uselessness of the contents and/or services of the linked Sites or any  other damage not directly attributable to PERLA HOTEL SA.

5. Data Protection.

  • Responsible: PERLA HOTEL SA with CIF A29377835 C/ Mérida 15, 29780, Nerja (Málaga)
  • Purpose: Management of contacts and users, as well as requests for information received by the web
  • Legal basis: Consent of the interested party.Legitimate Interest.
  • Conservation period: They will be kept for the time necessary to fulfil the purpose for which they were collected and to determine the possible liabilities that could derive from said purpose and the treatment of the data. The provisions of the file and documentation regulations will be applicable.
  • Recipients: No data will be transferred to third parties, except for compliance with legal obligations.
  • International Transfer: No international data transfers
  • Rights:
    • Access (What information we have)
    • Rectification (Modification of the data we store)
    • Deletion (Deletion of data)
    • Portability (Transfer of data to another third party)
    • Opposition to treatment (Denial of any particular treatment)
    • Limitation of treatment (conditioning of a particular treatment)
    • To exercise any right, you must contact the person responsible with a copy of your NIF.
  • Claims: You can submit a complaint to the AGPD via the Authority’s electronic site (https://sedeagpd.gob.es/sede-electronica-web/) or by non electronic means.

6. Reporting of unlawful and inappropriate activities

 In the event that the User or any other Internet user is aware that the linked Sites refer to pages whose contents or services are unlawful, noxious, degrading, violent or contrary to morality, you may contact PERLA HOTEL SA indicating the following:

  • Personal data of the communicator: name, address, telephone number and email address
  • Description of the facts that reveal the unlawful or inappropriate nature of the linked Site
  • In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when he is a person other than the complainant.
  • It shall also furnish the title attesting to the entitlement of the rightholder and, where appropriate, the title of representative to act on behalf of the holder when he is a person other than the person communicating the rights
  • Express statement that the information contained in the claim is accurate.

The receipt by PERLA HOTEL SA of the communication provided for in this clause shall not, in accordance with the provisions of the LSSI, imply effective knowledge of the activities and/or contents indicated by the communicator.

It shall also furnish the title attesting to the entitlement of the rightholder and, where appropriate, the title of representative to act on behalf of the holder when he is a person other than the person communicating the rights; Express statement that the information contained in the claim is accurate.

7. Notifications

All notifications and communications made by the parties shall be valid in accordance with the means permitted by law. Those relating to this Website shall be deemed effective, for all purposes, if they are made through the Website itself.

8. Modifications

PERLA HOTEL SA reserves the right to make any modifications to its website without notice, may change, delete or add both the contents and services provided through it and the way in which they are presented. On the other hand, these terms and conditions may change at any time. The amendments shall enter into force from the date of their publication.

9. The law of the country

This Legal Notice is governed in each and every one of its extremes by Spanish law as long as the applicable Law permits the waiver of the established legal jurisdiction, it is designated as jurisdiction to settle possible disputes, the courts of Málaga, expressly renouncing the user to any other jurisdiction that might correspond.

Where?

The legal notice should be accessible from the company’s website, through a link that is usually at the bottom of the homepage, although it can sometimes be found directly in a section of the website.

Why?

It is mandatory to indicate which person, company, association, etc. is behind the website. For this purpose, the fiscal data as well as the contact details must appear.

How?

We have left it ready to copy the clause and paste it on the page dedicated to the legal notice.

When?

From the moment we deliver the pendrive with the clauses, the implementation can be carried out.

Who?

You can implement this clause or make the request to the support department of the company that manages the website.