Read this document carefully. It constitutes the Legal Warning and Conditions of Use (hereafter “Legal Warning”) that regulate access to, navigating on and use of the websiste www.latroupe.com of SMART HOPER, S.L.U. (hereafter “Website”).
Access to, navigating on and use of the Website on your part implies the express acceptance without reservations of all the terms of the present Legal Warning, which will have the same validity and efficacy as any written and signed contract.
Its observance and compliance will be demanded with respect to anyone who accedes to, navigates on or uses the Website. If you are not in agreement with these terms, do not accede to, navigate on or use the Website.
1. INTRODUCTION AND COMPANY DATA
SMART HOPER, S.L.U. is an entity whose registered office is at Calle Villanueva 2B, Escalera 1, Planta SM, 28001 Madrid, and whose Tax Identification Number (NIF) is B88567995, inscribed in the Registro Mercantil de Madrid, Tomo 40.051, Folio 197, Hoja M-711602 (hereafter “LATROUPE”).
For more information about LATROUPE, visit the Website or contact us through the email firstname.lastname@example.org.
LATROUPE is in charge of managing the following lodgings:
- LATROUPE La Granja and LATROUPE Prado, property of Smart Host Spain, S.A.U., with Tax Identification Number A88098306 and registered office at Calle Villanueva 2B, Escalera 1, Planta SM, 28001 Madrid (Spain).
- LATROUPE Grote Markt, property of Gran Place Value Added, S.A., with Tax Identification Number BE-0535.732.682 and registered office at Avenue du Dirigeable 8 - 1170 Bruxelles (Belgium).
2. OBJECTIVE AND CIRCLE OF APPLICATION
The present Legal Warning regulates access to the contents and all the services offered by LATROUPE through the Webpage, as well as their utilization by the Users. Nevertheless, LATROUPE reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access/utilization. The access to and utilization of the contents and services after any modifications and changes in their conditions supposes that they have been accepted.
Access to, navigation on and use of the Website also supposes that the User accepts the present Legal Warning.
In this sense, it is understood that User (or, in the plural, Users) is defined as the person who accedes to, navigates on, uses or participates in the services and activities, free or paid for, that are developed on the Website.
3. ACCESS AND UTILIZATION OF THE WEBSITE
3.1. Access to the Website
Access to the contents provided by the Website is free, although the services offered by LATROUPE through the Website are subject to previous contracting and the payment of an amount established in their Terms and Conditions.
3.2. Utilization of the Website
The User promises to use the Website in accord with the law and with the terms of this Legal Warning. Likewise, the User is obliged to refrain from using the Website for illicit ends or effects, or those that are contrary to what is established in the present Legal Warning. By using the services, the User manifests his conformity with this Legal Warning, thus committing himself to not transmit, spread or make available to third parties through the services provided by the Website, any kind of material that in any way might contravene current legislation.
Likewise the User accepts, expressly and without reservation, that access to and utilization of the Webpage is carried out under his exclusive responsibility, and promises not to use the Webpage for fraudulent purposes, and to not engage in any conduct that might damage the image, interests and rights of LATROUPE or of third parties. In addition, the User promises to not carry out any act aimed at damaging, disabling or overloading the Website, or that might in any way impede its normal use and function.
The User is informed that in case of failing to comply with the content of the present Legal Warning or with any other particular terms or conditions covered on the Website, LATROUPE reserves the right to limit, suspend of terminate his access to the Website, adopting any technical means that might be necessary to do this. Likewise, LATROUPE reserves the possibility of carrying out such measures in case it should reasonably suspect that the User is violating any of the terms and conditions included in the instruments previously cited.
4. RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
The present Website is governed by Spanish laws and by the national and international legislation regarding intellectual and industrial property. In no case will it be understood that access and navigation by the User on the Website –or the use, acquisition and/or contracting of products and services offered through the Website– implies a rejection, transmission, licence or total or partial ceding of said right on the part of LATROUPE. The User has a strictly private right of use, exclusively to enjoy the service in accord with this Legal Warning.
References to commercial or registered names and brands, logotypes or other distinctive signs, whether they are the property of LATROUPE or third companies, implicitly prohibit their use without the consent of LATROUPE or their legitimate proprietors. At no time, unless explicitly expressed, does access to or use of the Website and/or its contents and/or services, confer upon the User any rights over brands, logotypes and/or distinctive signs included in it and protected by Law.
All the rights of Intellectual and Industrial Property are reserved regarding contents and/or services, and it is particularly forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way the totality or part of the contents and/or service included in the Webpage, for public or commercial purposes, without the previous express written consent by LATROUPE or, in the case, by the owner of the corresponding rights.
7. LICENCE OVER COMMUNICATIONS
In the case of the User sending information of any kind to LATROUPE through the Website, by means of the channels for that purpose on the Website itself, the User declares, guarantees and accepts that he has the right to do so freely; that said information does not infringe upon any right of intellectual property, brand, patent, commercial secret, or any other third party right; and that said information is not of a confidential character or is harmful to third parties. The User recognises that he assumes this responsibility and will not make any claims against LATROUPE for any communication that he might provide personally in his name, and that there are no restrictions on this responsibility with regard to accuracy, legality, originality or its property.
8. RESPONSIBILITIES AND GUARANTEES
LATROUPE cannot guarantee the reliability, utility or veracity of the services or information that is presented on its Website. Consequently, LATROUPE does not guarantee or take responsibility for:
- the continuity of the contents of the Website;
- the absence of errors in said contents and products;
- the absence of virus and/or other harmful components on the Website or on the server that supplies it;
- the invulnerability of the Website and/or the impregnability of the security measures adopted on it;
- the lack of utility or performance of the contents and products of the Website;
- the damage or harm that it might cause to itself or a third party, or to anyone infringing upon the conditions, norms and instructions that LATROUPE establishes on the Website or through the violation of the security systems of the Website.
In spite of this, LATROUPE declares that it has adopted all the necessary means, within its possibilities and the current state of technology, to guarantee the functioning of the Website and avoid the existence and transmission to Users of any virus or other harmful components.
If a User might have knowledge about the existence of some content that is illicit, illegal, contrary to law or that might be an infraction of the right of intellectual and/or industrial property, he should notify LATROUPE immediately so it can take the necessary measures.
9.1. Links to other webpages
Should the User find on the Website connections to other webpages by means of different buttons, links, banners, etc., these are managed by third parties. LATROUPE does not have the ability or the human and technical means to know about, control or approve all the information, contents, products or services provided by other webpages that might be accessed from its Website.
Consequently, LATROUPE cannot assume any kind of responsibility for any aspect relative to the webpages accessible from its own Website, including but not limited to their functioning, access, data, information, files, the quality and reliability of their products and services, their own links and/or any of their contents in general.
In this sense, if Users had reliable knowledge about illicit activities developed on the webpages of third parties, they should inform LATROUPE immediately so that it can put that link out of commission.
Any kind of connection from the Website to another webpage does not imply that there is any kind of relationship, collaboration or dependency between LATROUPE and those responsible for the other website.
9.2. Links on other webpages to the Website
If any User, entity or website wants to establish some kind of connection to the Website they should comply with the following stipulations:
The link can only be made with the Principal Page or Homepage of the Website, unless there is express, written authorisation from LATROUPE.
The link should be absolute and complete: in other words, it should lead the User, by means of a click, to the URL address of that website and should fill the whole screen with the Principal Page of the website. In no case, unless LATROUPE authorises it in writing, may that outside webpage in any way reproduce the LATROUPE Website or include it as part of its webpage or inside one of its frames or create a browser based on any of the pages of the Website.
On the page that establishes the link, in no way can it be stated that LATROUPE has authorised this link, unless LATROUPE has given written permission to do this. If LATROUPE establishes the connection from its Website and wishes to include the brand there –or its denomination, name, label, logotype, slogan or any other element that identifies LATROUPE and/or its Website– it should have previously obtained the express written authorisation of the brand.
LATROUPE does not authorise a link to its Website from those webpages that might contain materials or information or content that is illicit, illegal, degrading, obscene and, in general, that goes against morality, public order or generally accepted social norms.
LATROUPE does not have the ability or the human and technical means to know about, control or approve all the information, contents, products or services provided by other webpages that might be accessed from its Website. LATROUPE assumes no responsibility for any aspect regarding a link to another website, especially though not exclusively with regard to that site’s functioning, access, data, information, files, quality, reliability of its products and services, links and/or any of its content in general.
10. COMMUNICATION OF ACTIVITIES OF AN ILLICIT OR INAPPROPRIATE NATURE
Should the User or any other user of the Internet have knowledge that any kind of information or content on the Website, or that is facilitated by means of it, were illicit or inappropriate, he can contact LATROUPE through the indicated email to inform it of any of the following:
Personal information about the reporting party: name, address, phone number and email address. Description of what reveals the illicit or inappropriate nature of the content or information, as well as the concrete address at which it is available.
Assuming that the rights of third parties have been violated, such as regarding intellectual or industrial property, it will be necessary to provide data about that third party, if it is someone other than the communicating party. Likewise, the communicating party should demonstrate whose rights have been violated, and if that person is someone other than the communicating party, who is it that represents that person.
According to current legislation, the reception by LATROUPE of the communication foreseen in this clause does not suppose any effective knowledge of the activities and/or activities indicated by the communicating party, unless it is obvious or evident. In any case, LATROUPE reserves the right to suspend or retire the contents that, while they may not be illicit, are contrary to the norms established in this Legal Warning, in each case carefully weighing the legal aspects in conflict.
11. DURATION AND MODIFICATION
LATROUPE will be able to modify the terms and conditions stipulated here, totally or partially, by publishing any change in the same way in which it appears in the Legal Warning, or by means of any kind of communication directed to the Users. The temporary application of this Legal Warning thus coincides with the time it is exhibited and until any norms are modified, totally or partially, at which time the modified Legal Warning will be in effect.
Independently of what is set out in special cases, LATROUPE can terminate, suspend or interrupt, at any time and without the need to give warning, access to the contents of its Webpage, with the User having no chance of demanding any indemnization.
The headings of the different clauses are only informative, and will not affect, qualify or amplify the interpretation of the Legal Warning. Should there exist any discrepancy between what is established in the Legal Warning and the particular conditions of each specific initiative, what is specified in the latter will take preference.
In case any provision or provisions in this Legal Warning were to be considered null or inapplicable, either totally or partially, by any Court, Tribunal or competent administrative organ, said invalidity or non-application will not affect the other provisions of the Legal Warning.
The non-exercise or non-execution on the part of LATROUPE of any right or disposition contained in this Legal Warning will not constitute a renunciation of it, unless there is written recognition and agreement on its part.
13. APPLICABLE LEGISLATION AND JURISDICTION
The relations established between LATROUPE and the User will be governed by what is stipulated in current Spanish legislation. LATROUPE and the User, renouncing any other jurisdiction that might apply to them, will submit any controversies and/or litigation to the Courts and Tribunals of the city of Madrid.