Legal notice

I. LSSI INFORMATION

The IberostarAgents website is the property of IBEROSTAR HOTELES Y APARTAMENTOS SL, a commercial entity incorporated under Spanish law, with registered office at C/ General Riera, 154, 07012, Palma de Mallorca, and tax code B -28049344, registered in the Mercantile Registry of Mallorca in volume 1687, folio 59, page number PM-5191, 1st entry. ("Iberostar")

In addition to the above address, users have access to the following e-mail address, where they can send any queries or complaints regarding the website: info.marketing@iberostar.com.

II. TERMS OF USE OF THE WEBSITE

1. General Terms and Conditions

These general terms and conditions of use regulate access to the website and the use of the different contents and services included or accessible through the websitehttp://www.IberostarAgents.com (hereinafter, the "Website").

The Terms of Use together with the Legal Notice, the Privacy Policy and the Cookie Policy together constitute the terms and conditions governing access to and use of the public portion of the Website (the "Website Terms and Conditions").

The Terms and Conditions of the Website are without prejudice to any other particular terms and conditions that may apply.

By accessing and simply using the Website, the user acquires the status of user of the Website and, consequently, the user fully accepts and agrees to comply in full with the Terms and Conditions of the Website. The use of the Website and any of its services implies the user’s acceptance of each and every one of the general and conditions and, where applicable, the specific conditions that regulate the use of the Website and its related services, without exceptions of any kind.

The website offers the user detailed information, including images and textual documentation on the hotels belonging to the Iberostar Group, as well as commercial offers aimed exclusively at travel agents. This includes the names, brands, slogans and logos of these hotels and general information about the Iberostar Group, such as descriptions and photographs of all hotels operating under the Iberostar brand.

The owner of the Website may, at any time and without prior notice, modify the presentation and configuration of the Website and the Terms and Conditions of the Website, and introduce new conditions of use. Such changes will be posted on the Website so that the user can be informed before using the Website. Use of the Website after the General Terms and Conditions have been modified means that the user accepts the modified General Terms and Conditions.

2. User Obligations

Use of the Website is taken as a declaration that the user is over eighteen years old and is a travel agent. In order to use the Website, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts carried out by minors in their care.

In general, the user undertakes to use the Website and its related services diligently, in accordance with the law, morality, public order and the provisions of these general terms and conditions, as well as other applicable terms and conditions. The user must refrain from using the Website in any way that impedes the normal functioning of the Website and its related services. The user shall also refrain from preventing other users from enjoying the Website and its related services, and shall not damage or cause damage to the property and rights of the owner of the Website, its suppliers, users or any other third party.

Specifically, without implying any limitation to the content of the preceding paragraphs, the user undertakes to the following with regard to the use of the Website and its related services:

They shall not input, store or transfer any software, data, viruses or code through the Website or through any of its related services. This includes any other electronic instrument or device that is capable of causing damage to the Website, any of its related services or any equipment, system or network owned by the Website, any of its users, suppliers or any third party in general. The user undertakes not to cause any type of alteration or impede by any other means the normal operation of the Website or any of its services.

The user agrees to not use a false identity or impersonate others in the use of the Website or any of its related services, including the use of passwords or access codes of third parties or otherwise.

The user undertakes not to conceal or distort the origin of e-mails in any way, and undertakes not to intercept, delete or modify the e-mails of other users, nor to send spam.

The user undertakes not to destroy, alter, render useless or damage the data, information, programs or electronic documents belonging to the owner of the website, its suppliers or third parties.

The user undertakes not to use the contents or, in particular, the data obtained through the website for advertising, resale messages or other commercial purposes, and undertakes not to collect or store personal data belonging to third parties.

The user undertakes not to enter or disseminate any information that is defamatory, slanderous, obscene, threatening or xenophobic, or that incites violence or discrimination on the grounds of sex, race, ideology or religion, or that in any way goes against morality, public order, fundamental rights, public freedoms, the honour, privacy or image of third parties, or the law in general.

In the event that any user becomes aware of facts or circumstances which reveal the illegal use of any content on the Website and/or any illegal activity on or accessible through the Website, the owner of the Website should be contacted by email at info.marketing@iberostar.com.

3. Intellectual and Industrial Property

The user acknowledges that all elements of the website and the services provided through it, including the information and materials contained therein, the structure, selection, arrangement and presentation of the contents, and the computer programs used in connection therewith, are protected by intellectual and industrial property rights, and property rights of the owner of the website or of third parties, as applicable.

Unless authorised by the owner of the Website, the user may not reproduce, alter, modify, disassemble, reverse engineer, distribute, rent, lend or make available any of the elements mentioned in the previous paragraph, or allow public access to them by any means of communication. Under no circumstances may users be granted a licence for the total or partial waiver, transfer or assignment of these rights. No rights are recognised, in particular, for the alteration, exploitation, reproduction, distribution or public communication of the contents of the Website without the express authorisation of the owner or owners concerned.

The user must not remove any of the signs identifying the intellectual and industrial property rights, or any other signs of the owner of the Website of third parties that appear on the Website and in the services offered therein. The user shall not circumvent or manipulate any of the technical devices established by the owner of the Website or by third parties for the protection of their rights, whether on the Website, in any of the services or in any of the materials, elements or information obtained through use of the Website.

3.1. Policy and Guidelines for the Use of the Iberostar Brand in Advertising, Promotion and Marketing

Iberostar Hoteles y Apartamentos SL and its subsidiaries have the exclusive right to use the IBEROSTAR name and brand and other trademarks of the Iberostar Group, including the Iberostar starfish design. Pursuant to intellectual property regulations, Iberostar prohibits and will use all necessary means to prevent the use of its names, brands, slogans and logos in a way that may give customers and/or potential customers the false impression that the Iberostar group is owned by or associated with a tour operator or travel agency that uses such brands, slogans, logos or insignia. Intellectual property regulations allow the legitimate use of Iberostar's names and brands by the user, in a truthful and informative manner, in accordance with the rules established in this document.

By accepting this document or any related document, tour operators, agencies, marketers and any natural or legal person who has access to this Website (hereinafter, the "User") expressly accepts the policy and guidelines detailed below in order to regulate the use of Iberostar names and brands in promotions on the Website and/or in any type of propaganda or advertising.

General rules

Any use of Iberostar's names, trademarks, slogans and logos must refer only to Iberostar's accommodation establishments and not to tour operators, travel agencies or marketers that sell or offer accommodation in these establishments. Any User selling Iberostar accommodation services may not use its own name as part of or in connection with any trademark, name, slogan or logo associated with Iberostar. The User may not refer to itself or its business in any context as "Iberostar travel agents" or "official" Iberostar travel agents or tour operators. The User may not display Iberostar insignia or its designs, such as the Iberostar starfish, as part of or in association with its own name.

The User may only use the trademarks, slogans, logos or distinctive signs of Iberostar on its Website (or as another means of advertising or publicity) (a) in the form and manner prescribed in this document, and (b) with the express authorisation of Iberostar.

It is prohibited to copy any photographs, images, text or other Iberostar content for use on any website, brochure or advertisement without the express written permission of Iberostar.

Any User accessing Iberostar's image and content bank (data describing and identifying the accommodation establishments), with the prior express authorisation of Iberostar, may make use of the texts, photographs, maps, graphics, logos, trademarks and content available solely for commercial purposes for accommodation and other services at Iberostar hotels and only in the manner described in these terms and conditions. Iberostar may revoke such consent at any time and request the termination of the use of texts, photographs, maps, graphics, logos, trademarks and content with immediate effect, without the user being entitled to any payment, indemnification or compensation whatsoever.

Other than adapting content to the size required by the User for its Iberostar accommodation marketing support, the User undertakes not to alter, modify or change the colours, shapes, textures, text or proportions of the logos, brands, photographs and other elements from Iberostar's image bank and content.
The use of any of Iberostar's trademarks must always be accompanied by the ® symbol. A reference should be included at the bottom of the page where such use is made, for example, "IBEROSTAR® is a registered trademark".

Websites

It is strictly forbidden to use the Iberostar brand, any other Iberostar brand, or any similar expression that may lead to error or confusion, as part of an Internet domain. No User may display the IBEROSTAR brand or any other Iberostar brand, slogan or logo alone on a website without prior written permission or a signed contract from Iberostar authorising such use.

Iberostar brands must not be referenced, in whole or in part, to obtain positions or rankings in Internet search engines.

The user shall refrain from acquiring additional keywords in a search engine that contains, in whole or in part, an Iberostar name, brand or slogan.
Iberostar names and trademarks may not be used in unsolicited or unwanted commercial e-mails.

Any User offering or selling holiday packages that include products or services provided by Iberostar may use the Iberostar brand on their own website under the following conditions:

a. An Iberostar trademark may be used as part of a representation statement, such as "the travel package includes a stay at IBEROSTAR PLAYA MITA®", provided that all words in the sentence are of similar size.

b. The Iberostar brand may be used in listings, timetables, product descriptions and reservation forms, if they expressly relate to and refer to the sale of Iberostar hotel services in an informative manner.

c. If the Iberostar brand or name is used on a website, the name of the user (Tour Operator, Travel Agency or marketer) must appear on the same screen, above the Iberostar name, and must be at least 125% larger than the size of the Iberostar name or brand used.

d. An Iberostar brand may be used in "meta-tags" or other "hidden text" only to refer strictly to the content of the website directly related to the sale of hotel services offered by Iberostar.

Printed advertising

It is prohibited to publish Iberostar's brand, slogans, logos and insignia in the Yellow Pages.

Truthful and informative statements are permitted in promotional materials and advertisements, e.g. "each travel package includes stays at the IBEROSTAR PLAYA MITA® luxury hotel". In any case, when an Iberostar brand name or denomination is used, the name of the tour operator, travel agency or marketer must appear above the Iberostar brand name or denomination, and must be at least 125% larger than the size of the Iberostar brand name or denomination used.
Iberostar trademarks must not be used as an identifier of the tour operator, travel agency or marketer, e.g. an Iberostar trademark may not appear alone or at the top of an advertisement.

The user undertakes to apply the above guidelines to all suppliers who, directly or indirectly, use the Iberostar product, undertaking to obtain a written commitment from the other parties, and extending the obligation to all parties distributing said product.

Any unauthorised use or breach of these policies will result in the termination of any authorisation granted by Iberostar for the use of Iberostar's trademarks or any slogan, logo, insignia or design associated with Iberostar, without prejudice to any other consequences that may be prescribed by contract in the document to which these guidelines will be annexed.

5. Disclaimer of Warranty

The owner of the Website undertakes to make every effort to ensure the availability and continuity of the Website and the services related to it. However, the owner of the Website cannot guarantee that the Website and its related services will function correctly at all times, nor that the User will have uninterrupted and error-free access. Furthermore, the Website owner does not guarantee the suitability and content of the Website or any of its related services will meet the specific needs of the user.

The owner of the Website must act diligently, in accordance with the generally accepted uses in the sector, to avoid viruses or other harmful elements on the Website or its related services that may cause alterations to the user's computer, electronic documents or files. However, the owner of the Website cannot guarantee the absence of such elements, nor can it be held liable for any damages that may arise from them.

The owner of the Website does not control, endorse or guarantee the accuracy, quality, truthfulness, reliability or suitability of the information and services offered or provided by third parties through the Website. Likewise, the owner of the Website does not control or guarantee the absence of viruses or other harmful elements in the contents or services offered or provided by third parties through the Website.

The owner of the website does not guarantee the availability, quality, reliability, accuracy or veracity of the contents and services available on sites owned or operated by third parties which the user may access through links from the Website.

The owner of the Website does not control the content of linked sites, nor does it offer or sell the products and services available on the linked sites or assume any responsibility for them.

Use of the Website is at the user's own risk. The owner of the Website shall not be liable for any possible damage caused by interferences, interruptions, computer viruses, connection failures or disconnections for reasons beyond its control, including delays in the use of the system caused by deficiencies or excess traffic overloading the central data processor, telephone lines, internet or other electrical systems; nor any other alteration that may occur in the User's software or hardware.

Likewise, the owner of the Website shall not be liable for any damage caused by third parties through illegitimate interference beyond its control. The owner of the Website shall not be liable for any damages caused by the use or misuse of the contents of the Website nor for any consequences arising from errors, defects or omissions in the contents provided by third parties, who shall be considered as selected hotels for these purposes.

6. Termination

Without prejudice to any liability for damages that may arise, the owner of the Website may, immediately and without prior notice, terminate and end its relationship with the user, preventing access to the Website and the corresponding services, if it detects unlawful use in relation to the general or specific terms and conditions applicable to the website and its related services.

The user shall be liable for any damages that the owner of the website or any of its subsidiaries may suffer directly or indirectly as a result of a breach of any of the obligations stipulated by the general or specific terms and conditions relating to the use of the website or any of the related services. If the user violates the rights of third parties through the use of the website or its related services in a manner contrary to the applicable general or specific terms and conditions, then neither the owner of the website nor any employee or marketer shall be liable for any penalties, claims or lawsuits brought by a third party, including public authorities, arising as a result of the user's actions.

7. Applicable Law and Jurisdiction

These general terms and conditions are subject to Spanish law. The Website owner and the user agree to submit to the jurisdiction of the courts of Palma de Mallorca, expressly waiving any other jurisdiction, for any dispute that may arise from the use of the website or related services.