1. INTRODUCTION AND COMPANY DETAILS
This text is the legal notice and terms and conditions of use governing access to and browsing and use of the Website of TANIT IBIZA PORT S.A. - VARADERO IBIZA (hereafter Varadero Ibiza), located at the URL http://www.varaderoibiza.com . Varadero Ibiza is an organisation with registered address at Muelle Pesquero - Ed. Los Portuarios, 07800, Ibiza, with the tax ID number A57313868. The organisation is entered in the Ibiza Companies Register, volume 169, book 168, folio 31, sheet IB-7497. To communicate directly and effectively with Varadero Ibiza, you can write to the e-mail address info@varaderoibiza.com This address is protected against spam.
2. PURPOSE AND SCOPE
2.1. The Website has been made available by Varadero Ibiza to allow interested parties, if they so wish, to search for information and company services in a secure way.
2.2. Access to, browsing and use of the Website implies acceptance by the User of this legal notice and the terms and conditions of use it includes. In this sense, anyone who accesses, browses, uses or participates in the services and activities, either free of charge or for payment, offered on this Website will be understood to be a User
2.3. The purpose of this legal notice is to govern access to and browsing and use of this website but, independently of it, Varadero Ibiza may establish specific terms and conditions governing the use, booking and/or contracting of specific products and services offered to Users via the Website. Before using, booking or contracting these specific products or services offered by Varadero Ibiza, Users must carefully read the specific terms and conditions, if any, established for the purpose by Varadero Ibiza. The use, booking or contracting of these specific products and services implies acceptance of the specific conditions governing them in the version published by Varadero Ibiza when such use, booking or contracting takes place.
3. ACCESS
3.1. User access to the website is free of charge. However, if services or content are offered by Varadero Ibiza or third parties via the Website subject to prior booking or contracting, the corresponding Specific Terms and Conditions, made available to the User in advance, and clearly and easily accessible, will apply.
3.2. Access to this Website is strictly prohibited to minors, except with the express prior consent of their parents, guardians, or legal representatives, who will be liable for the actions of these minors in accordance with the regulations in force. In any event, it will be understood that minors accessing the Website have the prior express consent of their parents, guardians, or legal representatives.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. Varadero Ibiza holds the corresponding licence over the rights to exploit the intellectual and industrial property on the Website and intellectual and industrial property rights over the content, services and products available on it. Under no circumstances will it be understood that the User’s access and browsing of the website or the purchase of Varadero Ibiza’s products offered via the website implies the waiver, transfer, licence or total or partial assignment of these rights by Varadero Ibiza. As a result, the deletion, evasion or manipulation the copyright notice or any other data identifying Varadero Ibiza’s rights, or those of the copyright holders incorporated in the content and products or protective technical devices, digital fingerprints, watermarks or any information or identification mechanisms they may contain, is prohibited. All intellectual and industrial property rights are reserved. In particular, the modification, copying, reuse, exploitation, reproduction, transformation, public communication, second or subsequent publication, uploading of files, sending by e-mail, transmitting, using, processing or distribution in any form of all or part of the content and products included on the Website for public or commercial purposes is prohibited without the express, written authorisation of Varadero Ibiza or the corresponding rights holder, if any.
5. USE OF THE WEBSITE
5.1. The content and products offered via the Website are provided only to end users. Any unauthorised use of them, or their resale, is prohibited without Varadero Ibiza’s prior, written authorisation. Access to and browsing and use of the Website is the User’s responsibility. Users must therefore diligently and faithfully follow any additional instructions given by Varadero Ibiza or by authorised Varadero Ibiza staff relating to the use of the Website, as well as its content and products.
5.2. The content included on the Website is provided to people browsing it on the internet and to those interested in requesting or requesting information via a form on the website. Any unauthorised commercial use of it, or its resale, is prohibited without Varadero Ibiza’s prior, written authorisation.
5.3. Users must therefore use the content diligently, correctly and legally and, in particular, they must not:
- Use the content for purposes that contravene the law, public morals, generally accepted good practice or public order.
- Reproduce, copy, distribute, transform or modify the content, or allow public access to it via any form of public communication, without the authorisation of the holder of the corresponding rights unless legally permitted to do so
- Use the content or, in particular, information of any kind obtained via the website or its services to send advertising or direct sales communications or for any other commercial purpose or sending unsolicited mass messages whatever their purpose.
- Sell or divulge the information in any way.
6. COMMUNICATIONS LICENCE
6.1. If Users send information of any kind to Varadero Ibiza via the website, using the channels provided for such a purpose, they guarantee and accept that they have the right to do so freely; that such information does not infringe any intellectual property rights, trademarks, patents, commercial secrecy or any other third-party right; that such information is not confidential; and that such information is not damaging to third parties.
6.2. Users acknowledge that they assume this responsibility and will hold Varadero Ibiza harmless for any communication supplied either personally or on their behalf. Such responsibility covers the accuracy, legality, originality and ownership of the information.
7. LIABILITIES AND GUARANTEES.
7.1. Varadero Ibiza cannot guarantee the reliability, usefulness or truthfulness of the information or services provided via the website or the usefulness or truthfulness of the documentation of events that can be acquired via the Website. As a result, Varadero Ibiza does not guarantee, and accepts no liability for: (i) the continuity of the Website content; (ii) the absence of errors in such content or products; (iii) the absence of viruses or other damaging components from the Website or the server that provides it; (iv) the invulnerability of the Website and the impregnability of the security measures adopted on it; (v) any lack of usefulness or performance of the content and products on the Website; (vi) losses and damages caused to themselves or to third parties by any Users who infringes the conditions, rules and instructions established by Varadero Ibiza on the Website or by breaching the Website’s security systems. Notwithstanding the above, Varadero Ibiza declares that it has adopted all possible and necessary security measures considering the state of the technology to ensure the operation of the Website and to prevent the existence and transmission of viruses and other damaging components to Users. If Users become aware of the existence of any illicit or illegal content or content which could infringe intellectual or industrial property rights, they must immediately notify Varadero Ibiza so that it can adopt the appropriate measures.
8. LINKS.
8.1 Links to other websites
Users may find links to other websites via buttons, links, banners, etc. These are run by third parties. Varadero Ibiza has no power or human or technical resources to find out, monitor or approve all the information, content, products or services provided by other websites to which links may be established via the Website. As a result, Varadero Ibiza can accept no liability for any aspect relating to websites to which links may be established via the Website. This specifically but not exclusively concerns their operation, access, data, information, files, the quality and reliability of their products and services, their own links and any of their content in general. Therefore, if Users discover any illicit activities going on via these third-party websites, they must immediately notify Varadero Ibiza so it can disable any links to them. The establishment of any kind of link from the Website to an outside website does not imply that there is any kind of relationship, collaboration or dependency between Varadero Ibiza and the controller of the outside website.
8.2 Links to the Website from other websites
If any User, organisation or website wishes to establish an kind of link to the Website, it must meet the following stipulations:
• The link may only be made to the Website’s home page, unless Varadero Ibiza has given express authorisation in writing for any other kind of link.
• The link must be absolute and complete, which means it must take the User to the URL of the Website with a single click and must cover the whole screen of the Website’s home page. Under no circumstances may the website making the link reproduce the Website in any way, include it as part of its own website or within one of its frames, or create a browser on any of the Website’s pages, unless Varadero Ibiza gives its express, written authorisation in writing.
• The page establishing the link may not state in any way that Varadero Ibiza has authorised the link unless Varadero Ibiza has expressly done so in writing. If the organisation making the link from its page to the Website wishes to include on its website the trademark, name, commercial name, sign, logo, slogan or any other element identifying Varadero Ibiza or its Website correctly, it must first obtain Varadero Ibiza’s express authorisation in writing.
• Varadero Ibiza does not authorise the establishment of any link to the Website from websites containing illicit, illegal, degrading or obscene material, information or content or, generally, anything contravening public morals, public order or generally accepted social norms.
Varadero Ibiza has neither the power nor the human or technical resources to find out, monitor or approve all information, products or services provided by other websites that have established links to the Website. Varadero Ibiza accepts no liability of any kind for any aspect relating to any website establishing this kind of link to the Website, specifically, but not exclusively, concerning their operation, access, data, information, files, the quality and reliability of their products and services, their own links or any of their content in general.
9. DURATION AND AMENDMENT
9.1. Varadero Ibiza may wholly or partially amend the terms and conditions stipulated here, publishing any change in the same form as this legal notice appears or via any kind of communication addressed to Users.
9.2. This legal notice will therefore be valid for as long as it is displayed here, until it is entirely or partially amended, when the amended legal notice will come into force.
9.3. Regardless of the provisions of the specific terms and conditions, Varadero Ibiza may terminate, suspend, or interrupt access to the Website's content at any time and without prior notice, without the user having any right to demand compensation of any kind. Even after such termination, the prohibitions on the use of the content set out above in this legal notice will remain in force.
10. GENERAL POINTS
10.1. The headings of the different clauses are for information only. They do not affect, qualify or extend the interpretation of the legal notice.
10.2. If there is a discrepancy between the provisions of this legal notice and the specific terms and conditions of each individual service, the latter will take precedence.
10.3. If any provision or provisions of this legal notice are considered either wholly or partially null and void or inapplicable by any court, tribunal or competent administrative body, this will not affect the other provisions of the legal notice.
10.4. Failure by Varadero Ibiza to exercise or to fully exercise any right or provision contained in this legal notice will not constitute a waiver of the right or provision unless Varadero Ibiza acknowledges and agrees such a waiver in writing.
11. JURISDICTION.
11.1 The relationships established between Varadero Ibiza and the User will be governed by the provisions of the applicable regulations concerning the applicable legislation and competent jurisdiction. However, for cases when the regulations establish the possibility of the parties exercising rights to choose jurisdiction, Varadero Ibiza and the User, expressly waiving any other rights they may have, will submit any disputes or litigation to the courts and tribunals of the town of Ibiza.
