Legal Information
General information in compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSI):
Montesmart Gestión Hotelera, S.L., Tax Identification Number (CIF) B42614016, registered in the Mercantile Registry of Alicante, Volume 4179, Folio 205, Section 8, Page 163233, Entry 1. Address: C/San Pedro, 18, 03501 Benidorm, Tel. +34 965 850 600, Fax +34 965 850 411
This information establishes and governs the terms of use, limitations of liability, and obligations that users of the website published under the domain name “www.hmontemar.com” assume and agree to respect.
Definitions
“Website” refers to the domain “www.hmontemar.com” made available to Internet Users.
“HOTEL MONTEMAR”, Montesmart Hotel Management, S.L.
“User” means any individual or legal entity that uses or browses the Website.
“Content” refers to all the pages that comprise the “www.hmontemar.com” domain, which contain the information and services that HOTEL MONTEMAR makes available to Internet Users. This includes messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, appearance, graphic design, source code, and, in general, any kind of material contained on the Website.
“Website” is a technical term that describes the system for accessing information via the Internet, configured through pages created with HTML or similar languages, and programming mechanisms such as Java, JavaScript, PHP, etc. These pages, designed and published under an Internet domain name, are the result of the information that the owner makes available to Internet Users.
“Hyperlink,” a technique by which a User can navigate through different web pages, or across the Internet, with a simple click on the text, icon, button, or indicator containing the link.
“Cookies,” a technical means for “tracking” and monitoring navigation on websites. They are small text files that are written to the User’s computer. This method has implications for privacy, therefore HOTEL MONTEMAR will provide timely and reliable notification of its use when it is implemented on the Website.
Terms of Use
The mere use of this Website confers the status of Website user, whether a natural or legal person, and necessarily implies full and unreserved acceptance of each and every one of the clauses and general conditions included in this Legal Notice. If the User does not agree with the clauses and conditions of use of this Legal Notice, they should refrain from using the Website. This Legal Notice is subject to changes and updates, so the version published by HOTEL MONTEMAR may differ each time the User accesses the Portal. Therefore, the User should read the Legal Notice each and every time they access the Website.
Through the Website, HOTEL MONTEMAR provides Users with access to and use of various Content published online by HOTEL MONTEMAR or authorized third parties.
The User is obligated and agrees to use the Website and its Content in accordance with current legislation, this Legal Notice, and any other notices or instructions provided, whether through this Legal Notice or elsewhere within the Website’s Content, as well as with generally accepted standards of conduct, morality, and good customs.
To this end, the User agrees and undertakes NOT to use any of the Content for purposes or effects that are unlawful, prohibited in the Legal Notice or by current legislation, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, impair, or prevent the normal use of the Content, computer equipment, or documents, files, and all kinds of content stored on any computer equipment owned or contracted by HOTEL MONTEMAR, other Users, or any Internet user (hardware and software).
The User agrees and undertakes not to transmit, disseminate, or make available to third parties any kind of material contained on the Website, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, photographs, software, links, graphic design, and source code, or any other material to which they have access as a User of the Website, without this list being exhaustive.
Furthermore, in accordance with all of the above, the User may not:
• Reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify the Content, unless • It is prohibited to obtain written and explicit authorization from HOTEL MONTEMAR, the holder of the corresponding rights, or to do so only when legally permitted.
• Removing, manipulating, or in any way altering the copyright and other identifying information regarding the reservation of rights of HOTEL MONTEMAR or its owners, digital watermarks and/or identifiers, or any other technical means established for their recognition.
• The User must refrain from obtaining, or even attempting to obtain, the Content using any means or procedures other than those made available for this purpose, or those indicated for this purpose on the Web pages where the Content is located, or, in general, those commonly used on the Internet for this purpose, provided they do not pose a risk of damage to or disablement of the Website and/or the Content.
Intellectual Property
All trademarks, trade names, or distinctive signs of any kind appearing on the Website are the property of HOTEL MONTEMAR or, where applicable, of third parties who have authorized their use. Use of or access to the Website and/or the Content does not grant the User any rights whatsoever over said trademarks, trade names, and/or distinctive signs, nor does it imply the transfer to the User of any exploitation rights that exist or may exist over said Content.
Similarly, the Content is the intellectual property of HOTEL MONTEMAR, or of third parties as applicable. Therefore, the Intellectual Property rights belong to HOTEL MONTEMAR or to third parties who have authorized its use, who hold the exclusive rights to exploit said rights in any form, and in particular, the rights of reproduction, distribution, public communication, and transformation.
Unauthorized use of the information contained on this Website, as well as any infringement of the Intellectual or Industrial Property rights of HOTEL MONTEMAR or of third parties included on the Website who have contributed content, will give rise to the legally established liabilities.
Hyperlinks
Those who intend to establish hyperlinks between their website and this Website must observe and comply with the following conditions:
• Prior authorization will not be necessary when the Hyperlink only allows access to the homepage, but it may not be reproduced in any way. Any other type of Hyperlink will require the express and unequivocal written authorization of HOTEL MONTEMAR.
• No frames may be created around or within the HOTEL MONTEMAR website.
• No false, inaccurate, or offensive statements or indications may be made about HOTEL MONTEMAR, its directors, employees, or collaborators, or about any individuals associated with the website for any reason, or about website users, or the content provided.
• It may not be stated or implied that HOTEL MONTEMAR has authorized the hyperlink or has supervised or assumed any responsibility for the content offered or made available on the website where the hyperlink is established.
• The website where the hyperlink is established may only contain what is strictly necessary to identify the hyperlink’s destination.
• The website on which the hyperlink is placed must not contain any illegal information or content, nor any content that is contrary to generally accepted morals and good customs or public order, nor any content that infringes upon the rights of third parties.
• If the User believes that a Linked Site leads to pages whose Content is illegal, harmful, degrading, or violent, they are obligated to notify HOTEL MONTEMAR in writing or via email at privacidad@hmontemar.com. The placement of the hyperlink does not imply, under any circumstances, the existence of a relationship between HOTEL MONTEMAR and the owner of the website on which it is placed, nor does it imply HOTEL MONTEMAR’s acceptance or approval of its Content.
Website Availability
HOTEL MONTEMAR does not guarantee uninterrupted or error-free access to the Website or its Content, nor that the Content will be up-to-date, although it will make every effort to avoid, correct, or update any issues. Therefore, HOTEL MONTEMAR is not liable for any damages or losses of any kind incurred by the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Portal service during or prior to its provision. HOTEL MONTEMAR also does not guarantee the suitability of the Website and its Content for any specific activity. HOTEL MONTEMAR excludes liability for damages of any kind that may arise from the transmission, dissemination, storage, making available, receipt, obtaining, or accessing of the Content, and in particular, but not exclusively, for damages that may arise from:
– The lack of accuracy, relevance, and/or timeliness of the Content.
– The unsuitability for any purpose and the failure to meet expectations generated by the Content.
– The breach, delay in performance, defective performance, or termination for any reason of obligations undertaken by third parties and contracts entered with third parties through or as a result of accessing the Content.
– Errors, defects, and flaws of any kind in the content transmitted, disseminated, stored, made available, or otherwise transmitted or made available, received, obtained, or accessed through the Website and the Content. – Interference, omissions, interruptions, computer viruses, telephone malfunctions, or disconnections in the operation of this electronic system, caused by factors beyond the control of HOTEL MONTEMAR.
– Delays or blockages in the use of this electronic system caused by deficiencies or overloads on the Internet, telephone lines, or other electronic systems.
– Illegitimate intrusions by third parties beyond the control of HOTEL MONTEMAR.
Notifications
All notifications and communications from HOTEL MONTEMAR to the User, made by any means, will be considered effective for all purposes.
Cookies
Cookies are files sent to a browser by a web server to record certain user activities on the website. The cookies that we, our business partners, or other parties install when you visit this website do not personally identify you as an individual, nor do they harm your device in any way. They only recognize the device you are using, allow you to access several important website functions, keep private areas of the website secure, remember your preferences, personalize website content to make it more relevant to you, and allow us to count the number of visits we receive on each page and perform anonymous statistical analysis to improve our service.
Here we inform you about the type of cookies we currently use on our website: Google Analytics. To enable/disable cookies, you will need to do so through your internet browser. You can configure it to notify you on screen when cookies are received and accept or reject them individually, as well as to prevent their installation on your hard drive by default. If your browser does not accept cookies by default, your experience on the website may be limited (for example, you may not be able to successfully complete a purchase).
Content Availability
The provision of the Website and its Content is, in principle, for an indefinite period. HOTEL MONTEMAR, however, is authorized to terminate or suspend the provision of the Website service and/or any of its Content at any time. When reasonably possible, HOTEL MONTEMAR will provide prior notice of the termination or suspension of the Website.
HOTEL MONTEMAR reserves the right to publish on the Website, or remove from the Website, in whole or in part, any Content, information, or material, at its sole discretion.
HOTEL MONTEMAR may remove or suspend the provision of Content at any time and without prior notice to Users who violate the provisions of this Legal Notice, as well as take any legal action it deems appropriate.
Note to Parents and Legal Guardians
Please contact HOTEL MONTEMAR at any time with any questions or concerns regarding privacy, or to request a review of the Personally Identifiable Information we have collected from a child under 14. Parents may also contact us at any time to request the deletion of a child’s Personally Identifiable Information or to object to further collection or use of such information. We will make reasonable efforts to verify that consent was given or authorized by the child’s legal guardian, taking into account available technology (Articles 8 GDPR and 7 LOPDGDD).
Forums, Chats, and Other Common Areas of Information Exchange
Please be aware that any information you post in a message that appears in any chat room, forum, or other common area of information exchange is available to anyone with internet access. If you don’t want people to know your email address, for example, don’t include this information in messages you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHATS, FORUMS, OR ANY OTHER PUBLIC INFORMATION EXCHANGE AREAS. WE ARE NOT RESPONSIBLE FOR HOW OTHERS USE THE INFORMATION YOU POST IN THESE PLACES. Taking photos for social media will only be done on our premises in the areas indicated by the signs: NOTICE: PHOTOGRAPHY FOR SOCIAL MEDIA.
We share content on social media.
The content of our website can be shared on social media using the Share button. All buttons that allow content sharing are integrated using simple links instead of social plugins developed by social media providers. This ensures that your data is not automatically transmitted to social media servers as soon as you access our website. Furthermore, when you share content from our website, we only transmit to the social network the information necessary to share the corresponding content. In this context, we do not transfer personal data.
You may also find simple links to our website on social media. If you access a link from our website via a social network, or if you log into your social network to share content from our website, your data will be processed by the social network provider in question. For more information about the purpose and scope of data collection, its subsequent processing and use by the social network provider, as well as your related rights and privacy settings, please refer to the Data Protection Information published by the respective provider.
Personal Data Protection
The provider is deeply committed to complying with Spanish personal data protection regulations and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, Organic Law 3/2018, of 5 December, on Personal Data Protection and Guarantee of Digital Rights, and guarantees full compliance with the obligations set forth therein. The provider makes an information clause available to users at the time they provide their personal data.
When personal data is collected through https://www.hmontemar.com, the user will be solely responsible for completing forms with false, inaccurate, incomplete, or outdated information. The user will be clearly and unequivocally informed beforehand that the personal data provided will be processed to send advertising related to our products and services by any means (mail, email, or telephone) and to invite them to events organized by the company. The data provided will be kept until you request that we cease processing it. The data will not be transferred to third parties except where there is a legal obligation to do so. You have the right to obtain confirmation as to whether Montesmart Gestión Hotelera, S.L. is processing your personal data. Therefore, you have the right to access your personal data, rectify inaccurate data, or request its deletion when the data is no longer necessary for the purposes for which it was collected.
“CLIENT” will include your email address for segmentation or personal profiling purposes. We will also send you information using the email address you have provided.
“CLIENT” will include your email address in mailing lists and will use Mailchimp as the tool for sending commercial information. Mailchimp has certified its compliance with the EU-U.S. Privacy Shield Framework by adhering to the Privacy Shield framework, its content, and applicable principles. This information and certification can be verified on the U.S. Department of Commerce’s Privacy Shield website: https://www.privacyshield.gov/welcome
You may revoke this consent at any time by sending an email with the subject line “revocation of consent information” to privacidad@hmontemar.com.
The User and recipient of the personal data may exercise their rights of access, rectification, erasure, and objection by writing to: Montesmart Gestión Hotelera, S.L. Ref. Data Protection
San Pedro, nº 18, 03501 Benidorm
965850600, 965850411, info@hmontemar.com
Please include in your request conclusive proof of identity.
If you have any questions or comments about how “CLIENT” uses your data, please write to us at the following email address: privacidad@hmontemar.com.
Right to lodge a complaint with a supervisory authority
You may lodge a complaint regarding data protection with the competent supervisory authority. To do so, please contact the data protection authority in your place of residence or the data protection authority in our jurisdiction (listed below).
Spanish Data Protection Agency (AEPD)
www.agpd.es
Resolutions
For the resolution of all disputes or issues related to this website or the activities carried out on it, Spanish law shall apply, to which the parties expressly submit, and the Courts of Benidorm shall have jurisdiction to resolve all disputes arising from or related to its use.
Contact information for any data protection question
If you have any questions regarding data protection or the exercise of your rights, you can contact our Data Protection Officer directly:
Data Protection Officer
privacidad@hmontemar.com
Copyright © 2019 – Montesmart Gestión Hotelera, S.L.
All copyrights are reserved under international intellectual property laws and treaties. Copying, reproduction, or distribution, in whole or in part, by any means, is expressly prohibited without the explicit written authorization of Hotel Montemar S.A.
LEGAL NOTICE – GENERAL TERMS OF USE – Additional Policy
On this page, we present our data protection policy in addition to the information provided during your registration with Montesmart Gestión Hotelera, S.L.
Who is responsible for processing your data?
Company Name: Montesmart Gestión Hotelera, S.L. Tax ID: B42614016
Postal Address: San Pedro, nº 18, 03501 Benidorm, Spain
Phone: +34 965 850 600 / +34 965 850 411
Email: privacidad@hmontemar.com
For what purpose do we process your personal data?
The information you provide will be processed to manage your stay at our hotel. If you provided your email address during registration, we will send you information about our latest news and offers via newsletter. “In order to offer you products and services tailored to your interests and improve your user experience, we will create a “business profile” based on the information you provide. No automated decisions will be made based on this profile.”
How long will we keep your data?
Your personal data will be kept for as long as the business relationship is maintained, unless you request its deletion, or for a period of 6 years from the last confirmation of interest, after which it will be deleted. If you consented to receiving the newsletter, your data will be kept until you request its deletion.
What is the legal basis for processing your data?
The legal basis for processing your data is the performance of a contract.
Sending the newsletter is based on the consent you gave upon entering the establishment.
Who will your data be shared with?
Your data will be shared with other companies within the corporate group for internal administrative purposes, including the processing of personal data of customers or employees.
What are your rights when you provide us with your data?
Everyone has the right to obtain confirmation as to whether or not the companies indicated are processing personal data concerning them. Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its erasure when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
In certain circumstances, data subjects may request the restriction of the processing of their data, in which case we may retain it for the exercise or defense of legal claims.
In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data.
To exercise their rights, they can contact the data controllers using any of the contact methods indicated above.
How did we obtain your data?
The personal data we process was provided by you during registration at the establishment or during the online booking process on our website https://www.hmontemar.com, any other hotel booking websites, or through a travel agency.
The categories of data processed are:
Identification data
Postal or email addresses
Financial data (bank details or credit card information)