RESIDENCIAL SAN ROQUE WEB SITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Identification and Companies Register inscription details

DUFI UMED S.L. (hereinafter referred to as RESIDENCIAL SAN ROQUE), WITH FISCAL NUMBER B-35778638, HEAD OFFICE AT: PARTERA LEONORITA C.C.BELLAVISTA, S/N, 35100 SAN BARTOLOMÉ DE TIRAJANA, NOTARY: JOSE LUIS MEJÍAS GÓMEZ, COMPANY’S INCORPORATION AND REGISTRATION DETAILS: PROTOCOL: 3897 DATE: 05-11-2003 LAS PALMAS COMPANIES REGISTER, VOLUME:1675, PAGE:120, SHEET: GC.31.327, 1st INSCRIPTION.

Purpose of the Web site and general conditions of use

RESIDENCIAL SAN ROQUE puts this Web site at the service of Internet users with the aim of promoting its image, providing information about its services and offering documentation regarding regulations and objectives of the sector it operates in. These General Conditions of Use intend to put information and commercial relations among RESIDENCIAL SAN ROQUE and its Web site users at their service. In case you would prefer not to be subject to the conditions here contained, please do not use this Web site or download any documents from the same.

Modification power

RESIDENCIAL SAN ROQUE may, at every moment and without previous notice, modify these General Conditions of Use through the publication of the same in the Web site so that its users might be informed about them.

Intellectual and industrial property rights

RESIDENCIAL SAN ROQUE is the owner of this Web site and of all intellectual and industrial property rights inherent to this URL. These rights protect graphic designs, source or interpreted codes, contents and other elements of the Web site, with the exception of those rights with are not owned by RESIDENCIAL SAN ROQUE and which are other holders’9 property. Outside the mere download and storage activity in the hard disk of information contained in this Web site, which is considered to be authorized information, it is strictly prohibited to modify, distribute, reuse o resend all or part of the contents of the same with public or commercial purposes without the prior and written consent of RESIDENCIAL SAN ROQUE. Any failure to fulfill what mentioned before shall constitute a breach of intellectual and industrial property rights protected by the Consolidated Text of the Intellectual Property Act (TRLPI), what could imply an offence as under Article 270 et seq. of the Spanish Criminal Code in force.

In no case shall it be understood that a license is granted or a resignation, transfer, total or partial assignment of the said rights is made or a right or right expectation is conferred and, specially, in relation to the modification, exploitation, reproduction, distribution or public communication of the said contents without a prior and written consent from RESIDENCIAL SAN ROQUE or from the corresponding owners.

Documents included in this Web site

Documents and their annexed graphics which might be found in this Web site might be modified at any moment and without previous notice by RESIDENCIAL SAN ROQUE

RESIDENCIAL SAN ROQUE and its suppliers do not guarantee the suitability of the contents in these documents and graphic annexes, and therefore they shall not be held responsible for this lack of suitability if any (typos, etc.), or for the use of the documents made by the user, who shall assume all risks emanating from this use. RESIDENCIAL SAN ROQUE shall not be held responsible for those damages caused by the application of the same.

Glossary of terms

USER: Condition acquired by an individual when surfing and/or using the services offered by RESIDENCIAL SAN ROQUE. The assumption of a user status shall mean the acceptance of these general conditions of use.

FILE OR TREATMENT MANAGER: Person or entity with a public or private character, or government institution, deciding on the aims, contents and use of treatment.

FILE: An organized data set of personal nature, regardless of its creation, organization or access modality.

PERSONAL DETAILS: All numerical, alphabetical, graphic, photographic, acoustic information of whatsoever nature which might be collected, registered, treated or transmitted and which refers to an identified or identifiable individual.

DATA PROCESSING: Technical operations and processes of an automated nature or otherwise allowing the collection, recording, possession, processing, modification, blocking and cancellation as well as transfer of data resulting from communications, queries, interconnections and transfers.

Privacy and personal data protection

For the purposes stipulated under the Organic Act of 15/1999, December 13th, on Personal Data Protection (LOPD in Spanish), RESIDENCIAL SAN ROQUE hereby informs the user about the existence of personal data files created from the details obtained through the introduction of details in the forms as required by the Web site.

The aim of these files is to inform about services which might be offered by RESIDENCIAL SAN ROQUE and the performance of promotion and marketing activities through any means, including sending all kind of e-mails or any other messages sent through any kind of system, as it might be SMS, UMTS, etc, which would be interesting to expand and improve its products and services, whilst adapting offers to the preference or needs from the research and categorization of personal and commercial information contained in the files as a consequence of the access to the Web site.

The user expressly accepts hereby the inclusion of details provided into the corresponding personal details automated database during a data collection process and whenever those details have been requested. The user shall be likewise informed, through the inclusion of the necessary comments into the forms, about the compulsory or optional character of the inclusion of the said details for the services requested.

The user may exercise the access, correction, cancellation and opposition of the details collected whenever it is necessary, and might also revoke the consent given for the transfer of his/her personal details for any of the formerly described uses by means of a written notice sent to the Security Inspector of RESIDENCIAL SAN ROQUE, to the address appearing in the paragraph “Identification and registration details” of these General Conditions of Use and Privacy Policy.

Whenever RESIDENCIAL SAN ROQUE receives information on your session or yourself, this might be used for statistical purposes or to improve the Web site and services offered.

With the acceptance of these conditions, the user provides his/her express consent to the transfer or communication of personal details to third parties with whom collaboration agreements have been entered into, whether verified in Spain or abroad, so that RESIDENCIAL SAN ROQUE may render services offered as normal and may send offers and marketing messages to the user through any system whatsoever, including electronic ones, always in relation to the services offered by RESIDENCIAL SAN ROQUE.

RESIDENCIAL SAN ROQUE undertakes to process all personal details contained in the files, to respect their confidentiality and to use them according to the aims described above, as well as to fulfill the obligation of saving the same and adopting all measures necessary as under state of the art standards and provisions of the mentioned Act 15/1999 and Regulations on Safety Measures in force therein contained.

Links to other third parties’ sites

RESIDENCIAL SAN ROQUE will grant access to all users to other third parties’ Web sites through the use of links with the sole aim of informing them about the existence of other information sources via Internet that can be used to get more and extra details to the ones provided in this Web site. Those links to other Web sites imply no suggestion or recommendation to visit the destination Web sites, as they are out of the RESIDENCIAL SAN ROQUE’s control, and therefore it shall not be held responsible for the contents of the linked Web site or for the results obtained by the user through the mentioned links. Furthermore, RESIDENCIAL SAN ROQUE shall not be held responsible for those links located in the linked sites to which it is granting access.

Other Web sites’ links to this URL

Links from other sites to this Web site can be established with the prior and written consent of RESIDENCIAL SAN ROQUE.

The use of framming, deeplinking or other similar techniques is expressly prohibited; RESIDENCIAL SAN ROQUE reserves its right to exercise the legal actions it is entitled to in that case.

Cesser clause

The user expressly acknowledges and accepts that the use he/she might make of this Web site as well as of services it renders shall be at his/her own risk and responsibility.

In no case shall RESIDENCIAL SAN ROQUE, its suppliers, collaborators or third parties mentioned within the Web site, be held responsible for any damages (including, but not limited to, those damages resulting from loss of profit, business interruption or loss of details) which might be caused by the use, impossibility to use, of by the results of the use of this page or any page or Web site connected to it, or by the materials or information contained in any of the said mentioned pages, whether the said responsibility is based on guarantee, contract, fault or negligence, or on any other legal theory whatsoever, regardless of the fact that the possibility of the said damages has been warned or not. If the use of the materials or information contained in this page implies the need of a service, of repairing or correcting the equipment or details, the user shall be then held responsible for the costs arisen thereof. RESIDENCIAL SAN ROQUE does not generally control the use made by users of its Web site. Specially, RESIDENCIAL SAN ROQUE cannot guarantee that users make a legal use of the same, or that they abide by these General Conditions of Use, morals or generally accepted proper conducts as well as public order, or that they do it with all due diligence and good sense.

User obligations

Generally, the user undertakes to fulfill these General Conditions of Use and, if applicable, the specific conditions of application, and to observe all use warnings and advice contained therein or in any other place of the Web site and to act always in observance of all regulations, good customs and good faith provisions, by applying due diligence practices at all times to the service nature, and he/she shall refrain from using this Web site in a way that it can hinder, damage or deteriorate the normal operation of the same, the goods or rights of RESIDENCIAL SAN ROQUE, its suppliers, collaborators and the rest of users or, in general, of any third party

The user undertakes to fulfill, when he/she makes use of this Web site or services provided -including, but not limited to-, the following conditions:

• When getting registered, to provide his/her true details and keep them updated.
• To appropriately watch over the information about the access system that RESIDENCIAL SAN ROQUE could provide them, such as identifying or enabling elements for the access to the different services offered, undertaking not to transfer the use nor allow access to them of third parties, assuming the responsibility for those damages arising from an undue use of the same. At the same time, the user undertakes to inform RESIDENCIAL SAN ROQUE, as quick as possible, about loss or robbery as well as about any other risk of access of a third party to the information on the access system.
• Not to perform marketing, promotion or commercial activities through this Web site by making use of its contents and, above all, of the information obtained through the site to send advertising material, direct sale messages or messages for any other commercial purposes, nor to collect or save personal details from third parties without the express written authorization from RESIDENCIAL SAN ROQUE.
• Not to use a false identity, or to impersonate any other third parties when using this Web site or any other services offered by RESIDENCIAL SAN ROQUE, including the use of passwords from third parties or otherwise.

Communications

For the purposes specified in these conditions, and for any other communication which might be necessary between RESIDENCIAL SAN ROQUE and user, the said communications shall be sent in writing to the Safety Inspector of the company to the address mentioned in the paragraph “Identification and registration details” of these General Conditions.

Communications sent by RESIDENCIAL SAN ROQUE to the user shall be carried out as under the details provided to the Web site. The user expressly accepts, for all communications related to the use of this Web site and/or contracting of services offered therein, apart from any other ordinary means, the use of e-mail messaging as a valid process to send the mentioned communications.

Applicable regulations

These general conditions of use shall be governed and construed as under the international, European and Spanish regulations in force affecting them at present or in the future.

Both parties expressly waive their right to their corresponding jurisdictions and submit themselves to the Courts and Tribunals of Arona, unless otherwise agreed in writing, with the aim of finding a remedy for any dispute arising from the construction or execution of the present contract conditions.