Legal Note

1. GENERAL INFORMATION

IN COMPLIANCE WITH THE PROVISIONS OF LAW 34/2002, OF 11 JULY, ON INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE, BELOW IS THE GENERAL INFORMATION PERTAINING TO THIS WEBSITE:

HOLDER: KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA
ADDRESS: CARRETERA DE CÁDIZ KM 159, PLAYA EL PADRÓN, 29680 ESTEPONA (MÁLAGA)
CONTACT INFORMATION: reservations.estepona@kempinski.com
REGISTRY INFORMATION: REGISTERED IN THE MERCANTILE REGISTRY OF MÁLAGA IN VOLUME 5039, BOOK 3946, PAGE 184, 8TH SECTION, SHEET 20.412, TAX ID NO: A-29705019


2. USERS

ACCESS TO AND/OR USE OF THE WEBSITE IMPLIES THE CONDITION OF WEBSITE USER AND ACCEPTANCE FROM THAT MOMENT IN FULL AND WITHOUT RESERVATION OF THESE TERMS AND CONDITIONS AND ANY APPLICABLE SPECIAL CONDITIONS WHICH MIGHT SUPPLEMENT, MODIFY OR REPLACE THE GENERAL CONDITIONS FOR CERTAIN WEBSITE SERVICES AND CONTENT. THEREFORE, BEFORE USING THE SERVICES OFFERED BY THE PORTAL, THE USER SHOULD ALSO READ THE CORRESPONDING PARTICULAR CONDITIONS CAREFULLY.

THE USE OF THE PORTAL IS ALSO SUBJECT TO ALL NOTICES, RULES OF USE AND INSTRUCTIONS MADE KNOWN TO THE USER BY KEMPINSKI INSOFAR AS THEY REPLACE, SUPPLEMENT AND/OR MODIFY THIS LEGAL NOTICE. KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA MAY MODIFY THE SERVICES PROVIDED AND ANY SUBSTANTIAL ASPECT OF THIS PAGE, AS WELL AS THE OPERATING, TECHNICAL AND CONDITIONS OF USE OF THE SERVICES OF THE PORTAL, TO MAKE THE OPERATION OF THE PORTAL MORE DYNAMIC FOR THE BENEFIT OF THE USERS.

LIKEWISE, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA MAY MODIFY THESE GENERAL TERMS AND CONDITIONS OR THE PARTICULAR CONDITIONS THAT APPLY TO A PARTICULAR SERVICE OR CONTENT. THE CHANGES WILL BE PUBLISHED ON THE PORTAL BY MEANS OF THE CORRESPONDING NOTICE. SUCH CHANGES WILL NOT APPLY RETROACTIVELY AND WILL TAKE EFFECT FROM THE DATE OF THEIR PUBLICATION. IF THE USER DOES NOT ACCEPT THE AMENDED CONDITIONS OF A SERVICE, THE USER MUST STOP USING THE SERVICE. WE RECOMMEND CONSULTING THE CONDITIONS OF USE OF THE PORTAL FROM TIME TO TIME.


3. USE OF THE WEBSITE, ITS SERVICES AND CONTENT

THE USER UNDERTAKES TO USE THE PORTAL AND ITS SERVICES AND CONTENTS IN A MANNER CONSISTENT WITH CURRENT LEGISLATION, MORALS, GOOD CUSTOMS AND PUBLIC ORDER, AND NOT CONTRAVENE THE PROVISIONS OF THIS LEGAL NOTICE OR ANY CONDITIONS THAT COMPLEMENT, MODIFY OR REPLACE IT. AS A RESULT, THE USER MUST NOT USE THE PORTAL OR ITS SERVICES AND CONTENTS, FOR ILLEGAL OR HARMFUL PURPOSES OR EFFECTS HARMFUL TO THE RIGHTS AND/OR INTERESTS OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OR THIRD PARTIES, WHICH MAY HARM, IN ANY WAY, THE NORMAL OPERATION OF THE PORTAL OR THE SERVICES ACCESSIBLE THROUGH IT, FOR THE REST OF THE USERS, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA AND/OR ITS IMAGE.

IN GENERAL, THE PROVISION OF SERVICES DOES NOT REQUIRE THE USER TO SUBSCRIBE OR REGISTER. HOWEVER, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA MAY CONDITION THE USE OF SOME OF THE SERVICES TO THE PRIOR REGISTRATION OF USERS OR THE COMPLETION OF FORMS. IN ANY CASE, REGISTRATION WILL BE EFFECTED IN THE MANNER EXPRESSLY INDICATED IN THE SERVICE ITSELF OR IN THE PARTICULAR CONDITIONS THAT REGULATE IT, AND THE USER MUST PROVIDE TRUTHFUL INFORMATION AND KEEP SUCH INFORMATION UPDATED AT ALL TIMES. THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY FALSE OR INACCURATE STATEMENTS MADE AND THE DAMAGES CAUSED TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OR THIRD PARTIES WITH THE INFORMATION PROVIDED.

CONCERNING THE CONTENT (INFORMATION, TEXTS, GRAPHICS, SOUND AND/OR IMAGE FILES, PHOTOGRAPHS, DESIGNS, ETC.), THE FOLLOWING IS PROHIBITED:

TO REPRODUCE, COPY, DISTRIBUTE, DISSEMINATE, PUBLICLY DISCLOSE, TRANSFORM OR MODIFY SUCH CONTENT, UNLESS WITH THE PERMISSION OF ITS RIGHTFUL OWNERS OR WHERE SUCH ACTIONS ARE LEGALLY PERMITTED.

VIOLATE THE RIGHTS OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OR ITS RIGHTFUL OWNERS.

TO USE SUCH CONTENT FOR ANY COMMERCIAL OR ADVERTISING PURPOSES, OTHER THAN THOSE STRICTLY PERMITTED.

ANY ATTEMPT TO OBTAIN THE CONTENTS OF THE PORTAL BY ANY MEANS OTHER THAN THOSE THAT ARE MADE AVAILABLE TO USERS, AS WELL AS THOSE THAT ARE USUALLY USED ON THE INTERNET, PROVIDED THEY DO NOT CAUSE ANY HARM TO THE KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA PORTAL AND/OR SERVICES OR CONTENT.

4. USER' S LIABILITY FOR DAMAGES AND GROUNDS FOR EXCLUSION

THE USE OF THE PORTAL WILL BE CARRIED OUT UNDER THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE USER. KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA WILL BE EXPRESSLY EXONERATED OF ANY LIABILITY FOR DAMAGES AND/OR LOSSES CAUSED TO THE USER OR THIRD PARTIES AS A RESULT OF A USE CONTRARY TO THE PROVISIONS OF THIS LEGAL NOTICE AND THE PARTICULAR CONDITIONS APPLICABLE IN EACH CASE. SAID LIABILITY INCLUDES THE USE, BY THE USER OR ANY THIRD PARTY, OF ANY PASSWORDS OR SIMILAR CODES USED TO ACCESS THE PORTAL OR ANY OF ITS SERVICES, IF APPLICABLE.

WITHOUT PREJUDICE TO THE FOREGOING, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA RESERVES THE RIGHT TO DENY ACCESS TO THE PORTAL, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO USERS WHO DO NOT COMPLY WITH THESE GENERAL CONDITIONS, OR THE PARTICULAR CONDITIONS THAT APPLY TO THEM IN EACH CASE, AND FOR THE BREACH OF THE CURRENT LAWS, MORALS, GOOD CUSTOMS AND/OR PUBLIC ORDER.

THE EXCLUSION OF USERS WILL NOT IMPLY THE WAIVER OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA TO BRING THE CORRESPONDING LEGAL ACTION OR SEEK THE CORRESPONDING COMPENSATION TO WHICH THEY MAY BE ENTITLED BY LAW.


5. “HYPERLINKS”

THE PORTAL MAY MAKE CONNECTIONS AND LINKS TO OTHER WEBSITES MANAGED AND CONTROLLED BY THIRD PARTIES AVAILABLE TO USERS. THESE LINKS HAVE THE SOLE FUNCTION OF MAKING IT EASIER FOR USERS TO SEARCH FOR INFORMATION, CONTENT AND SERVICES ON THE INTERNET, AND IN NO WAY MAY IT BE CONSIDERED A SUGGESTION, RECOMMENDATION OR INVITATION TO VISIT THEM. KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA DOES NOT SELL, MANAGE OR CONTROL, NOR DOES IT OWN THE CONTENTS, SERVICES, INFORMATION AND DATA AVAILABLE ON THESE WEBSITES.

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA THUS ASSUME NO LIABILITY, EITHER INDIRECTLY OR COLLATERALLY, FOR DAMAGES OF ANY KIND ARISING FROM THE ACCESS, MAINTENANCE, USE, QUALITY, LEGALITY, RELIABILITY AND USEFULNESS OF THE CONTENTS, INFORMATION, COMMUNICATIONS, OPINIONS, STATEMENTS, PRODUCTS AND SERVICES APPEARING OR OFFERED ON WEBSITES NOT MANAGED BY KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA.

INDIVIDUALS OR ENTITIES WHO WISH TO MAKE OR INSERT A HYPERLINK FROM A WEB PAGE OF ANOTHER INTERNET PORTAL TO ANY OF THE PAGES OF THE PORTAL OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA MUST COMPLY WITH THE FOLLOWING CONDITIONS:

THE TOTAL OR PARTIAL REPRODUCTION OF ANY OF THE SERVICES OR CONTENTS OF THE PORTAL IS NOT PERMITTED.

NO DEEP-LINKS, IMG OR IMAGE LINKS OR FRAMES TO THE PAGES OF THE PORTAL WILL BE CREATED WITHOUT THE PRIOR EXPRESS PERMISSION OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA.

NO FALSE, INACCURATE OR INCORRECT STATEMENTS OF THE KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA PORTAL, ITS EMPLOYEES OR THE SERVICES OR CONTENT OF THE PORTAL MAY BE INCLUDED ON THE PAGES OF THIS PORTAL.

THE WEBSITE ON WHICH THE HYPERLINK IS ESTABLISHED SHALL NOT CONTAIN ANY TRADEMARK, TRADE NAME, ESTABLISHMENT SIGN, DENOMINATION, LOGO, SLOGAN OR OTHER DISTINCTIVE SIGNS BELONGING TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA, UNLESS EXPRESSLY AUTHORISED BY IT, EXCEPT FOR THE SIGNS THAT FORM PART OF THE "HYPERLINK” ITSELF.

THE CREATION OF A HYPERLINK DOES NOT IMPLY THE EXISTENCE OF ANY RELATIONSHIP BETWEEN KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA AND THE OWNER OF THE WEBSITE OR PORTAL FROM WHICH IT IS MADE, NOR ANY KNOWLEDGE OR ACCEPTANCE OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA HOTEL OF THE SERVICES AND CONTENTS OFFERED ON THAT PORTAL.

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA IS NOT RESPONSIBLE FOR THE CONTENT OR SERVICES MADE AVAILABLE TO THE PUBLIC ON THE WEBSITE OR PORTAL CONTAINING A HYPERLINK, NOR FOR THE INFORMATION AND STATEMENTS INCLUDED THEREIN.

THE WEBSITE ON WHICH THE HYPERLINK APPEARS SHALL NOT CONTAIN ANY UNLAWFUL INFORMATION OR CONTENT CONTRARY TO THE LAW, MORALS AND GENERALLY ACCEPTED PRINCIPLES AND PUBLIC ORDER, NOR SHALL IT CONTAIN ANY CONTENT CONTRARY TO THE RIGHTS OF THIRD PARTIES.

HYPERLINKS TO THE PORTAL WILL BE MADE TO THE HOME PAGE OR MAIN PAGES OF THE SECTIONS IT CONTAINS.


6. INTELLECTUAL PROPERTY

ALL TRADEMARKS, TRADE NAMES OR LOGOS THAT APPEAR ON THE PORTAL BELONG TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OR ITS LICENSORS, AND IT MAY NOT BE CONSTRUED THAT THE USE OF OR ACCESS TO THE PORTAL AND/OR THE SERVICES OFFERED ON IT GIVES THE USER ANY RIGHT OVER THE AFOREMENTIONED TRADEMARKS, TRADE NAMES AND/OR LOGOS. SPECIFICALLY, THE TRADEMARKS INCLUDED IN THE PORTAL ARE SUBJECT TO THE APPLICABLE LEGISLATION ON INDUSTRIAL PROPERTY, AND THEIR REPRODUCTION OR USE IS PROHIBITED WITHOUT THE AUTHORISATION OF THEIR OWNER.

THE CONTENT AND INFORMATION APPEARING ON THE PORTAL ARE ALSO INTELLECTUAL PROPERTY BELONGING TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OR ITS LICENSORS, AND IT MAY NOT BE CONSTRUED THAT ANY OF THE OPERATION RIGHTS THAT EXIST OR MAY EXIST OVER SUCH CONTENT OR INFORMATION CAN BE TRANSFERRED TO THE USER PURSUANT TO THIS LEGAL NOTICE BEYOND WHAT IS STRICTLY NECESSARY FOR THE CORRECT USE OF THE PORTAL AND THE SERVICES THAT ARE OFFERED THROUGH IT.

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA MAINTAINS A FIRM COMMITMENT TO THE PROTECTION OF INTELLECTUAL AND INDUSTRIAL PROPERTY ON THE INTERNET. TO THIS END, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA STATES THAT IT APPLIES AND IMPLEMENTS HIGH-SECURITY STANDARDS TO PROTECT THE CONTENT POSTED ON ITS WEBSITE. HOWEVER, DESPITE THIS SECURITY, EXTRAORDINARY SITUATIONS MAY ARISE THAT ARE NOT ATTRIBUTABLE TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA AND ARE BEYOND ITS CONTROL. IN THIS SENSE, FOR THE PURPOSE OF PRESERVING INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS IN THE EVENT THAT ANY USER OR THIRD PARTY CONSIDERS THAT THERE HAS BEEN A VIOLATION OF THEIR LEGITIMATE RIGHTS BY THE INTRODUCTION OF A CERTAIN CONTENT IN THE PORTAL, THEY MUST NOTIFY THIS CIRCUMSTANCE TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA AT THE POSTAL ADDRESS REFERRED TO ABOVE.


6.1. INTELLECTUAL PROPERTY RIGHTS OF THE WEBSITE

www.kempinski.com/marbella AS WELL AS ANY OF THE ITEMS LIKELY TO BE SUBJECT TO INTELLECTUAL PROPERTY REGULATIONS, BELONG SOLELY AND EXCLUSIVELY TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA, THE OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS.

AS THE SOLE OWNER OF THE INTELLECTUAL PROPERTY RIGHTS OF THE PORTAL, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA HAS THE EXCLUSIVE RIGHTS OF THE OWNERSHIP OF THE www.kempinski.com/marbella DOMAIN AND, THEREFORE, IS RESPONSIBLE FOR GRANTING ANY AUTHORISATION TO EXERCISE ANY ACTIVITIES ARISING FROM THE OPERATION RIGHTS THEREOF, AND IN PARTICULAR, THE RIGHT TO REPRODUCE, PUBLICLY DISCLOSE, DISTRIBUTE, MAKE IT AVAILABLE TO THE PUBLIC OR THE RIGHT TO TRANSFORM, REGARDLESS OF THE FORMAT USED.

ANY CITATION OR REFERENCE TO THIRD PARTY INDUSTRIAL PROPERTY RIGHTS, INCLUDED IN THE PORTAL, IMPLIES A RECOGNITION BY KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA IN FAVOUR OF ITS OWNERS, OF THE CORRESPONDING INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS, BUT THEIR INCLUSION OR REFERENCE IN THE PORTAL DOES NOT ENTAIL THE EXISTENCE OF ANY RIGHT OR LIABILITY ON THE PART OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA WITH REGARD TO THEM. SUCH INCLUSION HAS BEEN AUTHORISED AND DULY CITED, IN ACCORDANCE WITH THE PROVISIONS OF THE CURRENT LAW, AND MUST NOT BE CONSIDERED A SPONSORSHIP OR RECOMMENDATION BY KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA IN RELATION TO SUCH BRANDS.
THE LEGITIMACY OF THE INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS OF THE CONTENT PROVIDED BY THIRD PARTIES IS THEIR SOLE RESPONSIBILITY.

INTERNET USERS ACCESSING THE PORTAL MAY VIEW THE INFORMATION CONTAINED THEREIN AND DOWNLOAD OR MAKE PRIVATE REPRODUCTIONS IN THEIR COMPUTER SYSTEM, PROVIDED THAT THE PARTS COPIED ARE NOT TRANSFERRED TO THIRD PARTIES OR INSTALLED ON A SERVER CONNECTED TO THE INTERNET OR A LOCAL NETWORK. WITHOUT PREJUDICE TO WHAT IS STATED IN THIS LEGAL NOTICE, THE DISTRIBUTION, MODIFICATION, CESSATION, PUBLIC DISCLOSURE OR ANY OTHER ACTION, IN PART OR IN WHOLE, OF THE INFORMATION PUBLISHED ON THE PORTAL IS NOT PERMITTED WITHOUT THE PRIOR PERMISSION FROM KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA.

THE USER MUST USE THE CONTENTS AND INFORMATION COLLECTED ON THE PORTAL, DILIGENTLY, CORRECTLY AND LAWFULLY AND IN PARTICULAR, ONLY FOR PERSONAL AND NON-COMMERCIAL USE, PROVIDED THAT THEY DO NOT DELETE OR MODIFY ANY CONTENT OR ANY MENTION OF SOURCES, COPYRIGHT AND OTHER IDENTIFYING DATA OF THE RIGHTS OF KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OR THIRD PARTIES AND RESPECT THEIR ORIGINAL FORM. IT IS FORBIDDEN TO REPRODUCE OR COPY, DISTRIBUTE OR PUBLISH IN ANY WAY THE CONTENT PUBLISHED ON THE PORTAL WITHOUT THE PRIOR WRITTEN PERMISSION FROM KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA.


7. EXEMPTION FROM LIABILITY AND GUARANTEES

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA DOES GUARANTEE NOR IS IT RESPONSIBLE, IN ANY CASE, FOR THE ACCURACY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER THROUGH THE PORTAL, AND THEREFORE, EXCLUDES ANY LIABILITY FOR DAMAGES AND/OR LOSSES THAT MAY RESULT FROM THE LACK OF AVAILABILITY, ACCURACY OR CONTINUITY OF THE PORTAL OR ITS SERVICES, ALTHOUGH IT WILL TRY TO FACILITATE, TO THE EXTENT POSSIBLE, TECHNICAL ASSISTANCE TO THE AFFECTED PERSON AS WELL AS TRY TO RE-ESTABLISH THE INTERRUPTION IMMEDIATELY, WHERE APPROPRIATE, MAKING AVAILABLE ALTERNATIVE MEASURES TO THE EXTENT POSSIBLE. IN NO EVENT SHALL KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA BE LIABLE FOR ANY LOSS, DAMAGE OR LOSS OF ANY KIND ARISING FROM THE ACCESS TO AND/OR USE OF THE PORTAL AND BOOKING SYSTEM. THE CLIENT MAY CONTACT US TO MAKE ANY CLAIM EITHER THROUGH THE RECEPTION OF THE HOTEL ITSELF OR BY SENDING AN EMAIL TO reservations.estepona@kempinski.com.

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA IS NOT RESPONSIBLE FOR ENSURING THE ABSENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENTS, WHICH MAY CAUSE ALTERATIONS IN THE SOFTWARE OR HARDWARE OF USERS OR WEBSITE VISITORS, AND IT WILL NOT BE LIABLE FOR DAMAGES OF ANY NATURE ARISING FROM THE ABOVE.

SIMILARLY, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA PROVIDES NO GUARANTEE NOR IS IT RESPONSIBLE, IN ANY CASE, FOR DAMAGES OF ANY NATURE THAT COULD BE DUE TO:

LACK OF USEFULNESS, SUITABILITY OR VALIDITY OF THE PORTAL AND/OR ITS SERVICES OR CONTENTS TO MEET USERS’ NEEDS, ACTIVITIES OR SPECIFIC RESULTS OR EXPECTATIONS.

THE RECEIPT, COLLECTION, STORAGE, DISTRIBUTION OR TRANSMISSION OF THE CONTENTS AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INDUSTRIAL PROPERTY, TRADEMARKS, HONOUR, PERSONAL AND FAMILY PRIVACY, DATA PROTECTION, IMAGE, PROPERTY OR ANY THIRD PARTY RIGHTS AS A RESULT THEREOF.

ILLEGAL, NEGLIGENT OR FRAUDULENT USE, CONTRARY TO THESE GENERAL CONDITIONS, GOOD FAITH, GENERALLY ACCEPTED USES OR PUBLIC ORDER, OF THE PORTAL, ITS SERVICES OR CONTENTS, BY USERS.

THE LACK OF LEGALITY, QUALITY, RELIABILITY, USEFULNESS, UPDATING AND AVAILABILITY OF THE SERVICES PROVIDED BY THIRD PARTIES AND MADE AVAILABLE TO USERS OF THE PORTAL AND/OR ITS CONTENTS.
THE NON-FULFILMENT BY THIRD PARTIES OF THEIR OBLIGATIONS OR COMMITMENTS IN RELATION TO THE SERVICES PROVIDED TO USERS THROUGH THE PORTAL.

THE OPINIONS EXPRESSED BY USERS IN THE FORA, CHAT AND OPINION MESSAGES THAT COULD BE MADE AVAILABLE IN THE DIFFERENT AREAS OF THE PORTAL.

KNOWLEDGE THAT UNAUTHORISED THIRD PARTIES MAY HAVE OF THE KIND, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAY HAVE OF THE PORTAL AND THE SERVICES AND/OR CONTENTS.


8. PRIVACY AND PERSONAL DATA POLICY

DUE TO THE CHARACTERISTICS OF THE ACTIVITY AND SERVICES THAT KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA OFFERS, AND IN PURSUANCE OF THE PERFECT DEVELOPMENT AND ACHIEVEMENT OF ITS OBJECTIVES, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA MUST PROCESS USERS’ PERSONAL DATA PROVIDED FOR THE PROVISION OF SERVICES OFFERED THROUGH THE PORTAL AND TRANSFER SUCH DATA TO THIRD PARTIES, INCLUDING INTERNATIONAL TRANSFERS. FOR THIS PURPOSE, THESE DATA WILL BE COLLECTED AND PROCESSED IN AN AUTOMATED FILE BELONGING TO KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA.

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA GUARANTEES THAT THE PERSONAL DATA WILL BE REGARDED AS CONFIDENTIAL AND THAT IT APPLIES THE STRICTEST SECURITY MEASURES REQUIRED BY SPANISH LEGISLATION ON DATA PROTECTION FOR ITS PROCESSING AND STORAGE.

IN ANY CASE, THE PURPOSES FOR WHICH THE DATA PROVIDED BY USERS ARE COLLECTED AND PROCESSED ARE SPECIFIED AT THE TIME OF CONTRACTING THE SPECIFIC SERVICE OFFERED THROUGH THE PORTAL, VIA A PRIVACY CLAUSE THAT THE USER WILL HAVE TO ACCEPT TO CONTRACT THE SERVICE.

SIMILARLY, OWNERS OF THE DATA ARE ALWAYS ENTITLED TO ACCESS THE FILE AND TO EXERCISE THE RIGHTS OF CORRECTION, CANCELLATION AND OPPOSITION IN THE TERMS REQUIRED BY THE DATA PROTECTION LEGISLATION, BY WRITING TO THE MARKETING DEPARTMENT AT THE POSTAL ADDRESS MENTIONED ABOVE OR BY EMAIL TO marketing.estepona@kempinski.com, IDENTIFYING THEMSELVES CONVENIENTLY (REF. DATA PROTECTION). SIMILARLY, THE USER'S CONSENT TO THE PROCESSING AND TRANSFER OF PERSONAL DATA MAY BE REVOKED AT ANY MOMENT WITHOUT RETROACTIVE EFFECT, IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 6 AND 11 OF ORGANIC LAW 15/1999 OF 13 DECEMBER ON THE PROTECTION OF PERSONAL DATA, THROUGH THE SAME MECHANISM SET OUT ABOVE.


9. GOVERNING LAW AND JURISDICTION

THESE GENERAL CONDITIONS WILL BE GOVERNED BY THE SPANISH LEGISLATION.

KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA AND THE USER, WITH AN EXPRESS WAIVER TO ANY OTHER JURISDICTION THAT MAY CORRESPOND TO THEM, SUBJECT THEMSELVES TO THE JURISDICTION OF THE COURTS AND TRIBUNALS OF THE DOMICILE OF THE OWNER OF THE WEBSITE IN RESPECT OF ANY QUERIES OR ACTIONS THAT MAY ARISE OR THAT MAYBE EXERCISED ARISING FROM THE PROVISION OF SERVICES OF THE PORTAL AND ITS SERVICES AND CONTENT AND ON THE INTERPRETATION, APPLICATION AND, COMPLIANCE WITH THE PROVISIONS HEREOF. IF THE USER IS DOMICILED OUTSIDE A MEMBER STATE OF THE EUROPEAN UNION, KEMPINSKI HOTEL BAHÍA MARBELLA-ESTEPONA AND THE USER, WITH AN EXPRESS WAIVER TO ANY OTHER JURISDICTION THAT MAY CORRESPOND TO THEM, SUBJECT THEMSELVES TO THE JURISDICTION OF THE COURTS AND TRIBUNALS OF ESTEPONA (MÁLAGA).

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