General Terms and Conditions

1.- OBJECT.

These general conditions of use (hereinafter CGU) regulate the access and use of the Website under the domain https://restaurantnoguera.com/noguera/ (hereinafter Website), owned by “HOTEL NOGUERA MAR, S.L.” (hereinafter RESTAURANT NOGUERA), made available to users (hereinafter User/s).

For any doubt or query related to the use and access of the Website or these CGU, you can contact us through the contact details published in the Legal Notice.

2.- CONFORMITY WITH THESE GENERAL CONDITIONS.

The use of the Website implies the full acceptance by the User of the CGU in force at the time the User accesses it. Therefore, if the User does not agree with any of the conditions established here, they must refrain from using this Website. Consequently, the User must carefully read the CGU each time they intend to use the Website. In any case, RESTAURANT NOGUERA reserves the right to modify the CGU without prior notice and at any time. Likewise, RESTAURANT NOGUERA reserves the right to suspend, interrupt, or cease operating the Website at any time. “Use of the Website” is understood as any User who accesses and browses the Website regardless of whether they complete the registration forms.

3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.

Access to the Website and/or the Contents included therein does not imply any guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users. RESTAURANT NOGUERA may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in all cases.

3.1- Access and Use of the Website.

Unless otherwise provided, the use of the Website shall be free of charge, notwithstanding the cost of connection through the corresponding telecommunications network contracted by the User. The User acknowledges being over eighteen years of age, and is also aware of and voluntarily and expressly accepts that the use of the Website is carried out in all cases under their sole and exclusive responsibility. The User is obliged to comply with the CGU, as well as to comply with the special warnings or instructions contained on the Website and to always act in accordance with the law, good customs, and the requirements of good faith, exercising their utmost care taking into account the nature and consideration of the service they enjoy. To this end, they shall refrain from using the Website in any way that may prevent, damage, or impair the normal operation thereof, the assets or rights of RESTAURANT NOGUERA, its suppliers, its distributors, the other Users, or in general, any third party. Specifically and without this implying any restriction on the obligation assumed by the User in general accordance with the previous section, the User is obliged in the use of the Website:

a) Not to introduce, store, or disseminate on or from the Website, any information or material that is defamatory, slanderous, obscene, threatening, xenophobic, pornographic, apologetic of terrorism, incites violence, discrimination based on race, sex, ideology, religion, or that in any way violates form, public order, fundamental rights, public liberties, honor, privacy, or the image of third parties and generally the current regulations.

b) Not to introduce, store, or disseminate through the Website any computer program, data, viruses, code, or any other electronic or physical instrument or device that is likely to cause damage to the Website, to any of the services, or to any of the equipment, systems, or networks of RESTAURANT NOGUERA, of any User, of the Suppliers or Distributors of RESTAURANT NOGUERA or in general of any third party, capable of causing any type of alteration or impeding the normal functioning of the same.

c) Not to introduce, store, or disseminate through the Website any content that infringes intellectual or industrial property regulations or third-party rights, nor in general any content of which they do not hold the right, in accordance with the law, to make it available to third parties.

3.2- Access and Use of the Contents.

The Contents of the Website are made available to the User with information coming from both own sources and third parties. RESTAURANT NOGUERA strives for the Contents to be of the highest possible quality and reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance, and/or timeliness of the Contents.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

These CGU do not transfer any intellectual or industrial property rights over the Website or any of its constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, public communication, making available, extracting, reusing, resending, or using of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights. The User may view and obtain a temporary private copy of the Contents for their exclusive personal and private use on their computer systems (software and hardware), provided that it is not for the purpose of carrying out commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that have been made available or indicated for this purpose in each case or those usually used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User must respect at all times all intellectual and industrial property rights over the Website, owned by RESTAURANT NOGUERA or third parties.

5.- EXCLUSION OF WARRANTIES AND LIABILITY.

5.1.- Exclusion of Warranties and Liability for the Operation of the Website.

RESTAURANT NOGUERA does not guarantee the availability and continuity of the operation of the Website and the services or Contents offered therein, nor that the existing content on its Website is updated, being exonerated of all responsibility for damages of any nature that may arise from such circumstances. RESTAURANT NOGUERA will carry out, provided that circumstances that make it impossible or difficult to execute do not concur and as soon as it has notice of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, reestablishing communication and/or updating the referred contents. Likewise, RESTAURANT NOGUERA does not guarantee the technical reliability of its Website, nor access to its different pages, being similarly exonerated of all responsibility for damages of any nature that may arise for this reason. In addition, RESTAURANT NOGUERA is not responsible for possible errors or security deficiencies that may occur due to the use by the User of an outdated or insecure version of the browser or for the damages, errors, or inaccuracies that may arise from the malfunction of the same.

In order to reduce the risk of introducing viruses into the Website, it uses virus detection programs to control all the Contents it introduces into the Website. However, RESTAURANT NOGUERA does not guarantee the absence of viruses, or other elements on the Website introduced by third parties unrelated to RESTAURANT NOGUERA that may produce alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, RESTAURANT NOGUERA will in no case be responsible for any damages of any nature that may arise from the presence of viruses or other elements that may produce alterations in the physical or logical systems, electronic documents, or files of the Users.

RESTAURANT NOGUERA adopts various protective measures to protect the Website, the data collected, and the Contents against computer attacks by third parties. However, RESTAURANT NOGUERA does not guarantee that unauthorized third parties may have access to the type of use or browsing of the Website made by the User or the conditions, characteristics, and circumstances in which it is carried out. Consequently, RESTAURANT NOGUERA will in no case be responsible for the damages that may arise from such unauthorized access. RESTAURANT NOGUERA will not be responsible in any case for the use that users and/or third parties may make of the Website or the Contents, nor for the damages that may arise from it.

5.2.- Exclusion of Warranties and Liability for the Contents.

RESTAURANT NOGUERA does not edit the Contents of third parties published on the Website and, consequently, does not guarantee or assume responsibility for the legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of said Contents, nor for the Contents owned by RESTAURANT NOGUERA. RESTAURANT NOGUERA will in no case be responsible for any damages that may arise from:

i) the lack of legality, truthfulness, accuracy, completeness, and/or timeliness of the Contents originated by third parties and its own;

ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents;

iii) decisions or actions taken or avoided by the user relying on the information or data provided or supplied in the Contents, including without limitation the loss of profits or business opportunities.

6.- HYPERLINKS.

Those persons who intend to establish hyperlinks between their Website and the Website must observe and comply with the following conditions:

i) Prior authorization will not be necessary when the Hyperlink only allows access to the home page of the Website, but it may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal written authorization from RESTAURANT NOGUERA.

ii) The Website where the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.

iii) The Website where the Hyperlink is established will not contain unlawful information or content, contrary to generally accepted morals and good customs and public order, nor will it contain content contrary to any third-party rights.

iv) RESTAURANT NOGUERA reserves the right to block Hyperlinks directed to the Website that do not have express prior authorization, even if they comply with the provisions of this point of the General Conditions.

7.- ACTIONS IN CASE OF NON-COMPLIANCE.

RESTAURANT NOGUERA reserves the right to exercise all actions available in law to demand the responsibilities derived from the breach of any of the provisions of these General Conditions of the Website by a user.

8.- PARTIAL NULLITY.

The declaration of any of the clauses contained in these General Conditions as null, invalid, or ineffective will not affect the validity or effectiveness of the remaining clauses, which will remain binding between the parties.

9.- APPLICABLE LAW AND JURISDICTION.

These CGU will be governed by the provisions of Spanish law. Any controversy related to the conditions of use and access to this Website contained in this CGU document of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by legal imperative, to the Courts of Denia.

10.- NOTIFICATIONS.

For the purpose of making the appropriate notifications, RESTAURANT NOGUERA designates the contact address specified in the Legal Notice. The email address provided by the User during the registration process on the Website will be the one used by RESTAURANT NOGUERA for the purpose of making notifications to the User. The User is obliged to keep the data referenced in this clause for notification purposes duly updated. All Notifications made by RESTAURANT NOGUERA to the User will be considered validly made if they have been carried out using the data and through the means indicated above. RESTAURANT NOGUERA is not responsible for any damage that may occur due to the User’s breach of their obligation to keep their contact data updated.