I. INFORMATION ABOUT LSSI [Law on Information Society Services and Electronic Commerce]

For the purposes of the provisions of Law 34/2002 of 11th July, on Information Society Services, the owner of the website www.restaurantgust.com (hereinafter, the Website) is IBEROSTAR HOTELES Y APARTAMENTOS, S.L. constituted under Spanish law, with registered office at C/General Riera, 154, 07010 in Palma de Mallorca, and C.I.F. B-28.049.344 and registered in the Mercantile Registry of Majorca, Volume 1687, Folio 59, sheet number PM-5191, Inscription 1ª.

The trading company profiting from Restaurante Gust situated in Iberostar Grand Mencey, is ARENES DE MURO 2004, S.L. with registered office at Avda. Es Raiguer, número 2, CP 07300, Inca, and C.I.F B-28.049.344, registered in the Mercantile Registry of Mallorca, in volume 2035, folio 63, registration 8, sheet TF-46011.

The booking platform accessible from the website is operated and managed by “El Tenedor”.

In addition to those aforementioned registered offices, the following email address is made available to users, where they may address their requests, questions or complaints:  info@restaurantgust.com

II. TERMS AND CONDITIONS OF USE

These general terms and conditions of use regulate the access and use of the various contents and services included or accessible through the Website.

Through the Website, information about the dining offering, the facilities, the schedules and the location of the  Restaurant is made available to the user as well as the possibility to make reservations.

The Website also offers the possibility to subscribe to our Newsletter, whereby information about our products or services is sent through various means (such as email address or, if needed, SMS).

These general terms and conditions must be understood without prejudice to the particular booking conditions shown on the Website.

You acquire the status of a Website user simply by using the Website. The use of the Website and any of its services means that, as a user, you unreservedly accept each and every one of the present general terms and conditions as well as the particular conditions that, if applicable, regulate the use of the Website or related services connected to it.

The owners of the Website may, at any time and without prior notice, modify the presentation and configuration of the Website, as well as the present general terms and conditions, and introduce new conditions of use. These modifications will be published on the Website so that the user is aware of them before proceeding to use it. Using the Website once the general terms and conditions have been modified means that the user accepts the modified general conditions

User obligations

By using the Website, the user declares that they are over eighteen years of age. To use the Website, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all actions carried out by the minors in their charge.

In general, the user is obliged to use the Website as well as the services linked to it in a diligent manner that complies with the law, ethics and public order, these general terms and conditions and particular terms that may apply. The user must refrain from using the Website and the services linked to it in any way that may impede their normal functioning and enjoyment by users or that could injure or cause damage to the property and rights of the owners of the Website, its suppliers, users or, in general, any third party.

In particular, but without this list limiting the general scope of the obligation established in the preceding paragraphs, the user is obliged, when using the Website and the services linked to it, to:

• Not introduce, store or spread, through the Website or through any of the services linked to it, any computer program, data, virus, code, or any other electronic instrument or device that could cause damage to the Website, on any of the services linked to it or on any equipment, systems or networks belonging to the owners of the Website, of any user, of its suppliers or in general of any third party, or that otherwise is capable of causing any kind of alteration or impediment to the normal operation of it.
• Not to use false identities, nor impersonate the identity of others when using the Website or any of the services linked to it, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
• Not to hide or falsify in any way the source of email messages, nor intercept, delete or modify other users’ email messages, or send mass email messages.
• Not to destroy, alter, disable or damage the data, information, programs or electronic documents belonging to the owners of the Website, its suppliers or third parties.
• Not to use the contents and, in particular, the information obtained through the Website to send out publicity, to send messages for marketing purposes or any other type of commercial purpose, nor to collect or store personal data from third parties.
• Not to introduce or spread any information that is defamatory, derogatory, obscene, threatening, xenophobic, that incites violence, that incites discrimination due to sex, race, ideology or religion or that in any way violates the morals, public order, fundamental rights, public liberties, honour, privacy or image of third parties and, in general, current regulations.

In the event that any user considers that there are any actions or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the Website or accessible through it, they must notify the owners of the Website by sending an email to callcenter@iberostar.com

Intellectual and industrial property

The user recognises that all of the elements of the Website and of each of the services provided through it, the information and materials contained in it, the structure, selection, ordering and presentation of its contents and the computer programs used in connection with it, are protected by intellectual and industrial property rights of the owners of the Website or third parties, as appropriate.

Unless authorised by the owners of the Website or, where appropriate, by third-party owners of the relevant rights, or unless this is legally permitted, the user may not reproduce, transform, modify, disassemble, perform reverse engineering, distribute, hire, lend, make available or allow access to the public through any form of public communication of any of the elements referred to in the preceding paragraph. In no event shall it be understood that any licence is granted or a waiver, transmission, total or partial transfer of such rights is made, nor is any right or expectation of law, and in particular, any alteration, exploitation, reproduction, distribution or public communication of such content without the prior, express authorisation of the Portal or the corresponding owners.

The user shall use the materials, elements and information which they access through using the Website and each of the corresponding services solely for their own needs, being obliged to not make, either directly or indirectly, a commercial profit either of the services or the materials, elements and information obtained through them.

The user must refrain from deleting the identifying intellectual or industrial property rights symbols or any other that belongs to the owners of the Website or third parties appearing on the Website and on each of the various services offered through it. Likewise, the user must refrain from eluding or manipulating any technical devices established by the owners of the Website or by third parties, whether on the Website, on any of the services or on any of the materials, elements or information obtained through it, for the protection of their rights.

Exclusion of guarantees

The owners of the Website are committed to carrying out all of the necessary efforts to guarantee the availability and continuity of the Website as well as the services linked to it. However, the owners of the Website cannot guarantee that the Website and the services linked to it will work correctly at all times and that the user is able to access them and use them quickly, without interruption and without errors. In the same way, the owners of the Website do not give any guarantees regarding the suitability and content of the Website or any of the services linked to it for the satisfaction of the specific needs of the user.

The owners of the Website will act diligently according to the general uses accepted in the sector to avoid the presence on the Website or in any of the services related to it of a virus or other damaging elements that could cause alterations to the user’s computer system, their electronic documents or their files, but cannot guarantee the absence of such elements, accepting no responsibility for the damages that this could cause.

The owners of the Website do not control, nor make their own, nor guarantee the accuracy, quality, veracity, reliability or suitability of the information and services provided or given by third parties through the Website. Similarly, they do not control and do not guarantee the absence of viruses or other harmful elements in the content or services provided or given by third parties through the Website.

The owners of the Website do not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available on websites owned by or managed by third parties which the user can access through technical linking devices (“links”) from the Website. The owners of the Website do not control the content of the aforementioned websites, nor do they offer nor sell the products and services available on the linked websites, nor do they assume any responsibility for them.

Use of the Website is carried out at the user’s own risk, therefore the owners of the Website are not responsible for possible damages arising from interference, interruption, computer viruses, telephone breakdowns or telephone disconnections not caused by the Website; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its data processing centre, telephone lines, in the Internet system or other electrical systems; nor any other alteration that may occur in users’ Software or Hardware.

Similarly, the owners of the Website will not be liable for damages caused by third parties through illegitimate interference beyond their control. Nor will they be liable for any damages or harm caused by the use or misuse of the content of the Website or for the consequences that may arise from errors, defects or omissions in the content provided by third parties that may appear on it, the chosen Hotel being the third party for such purposes.

Ruling

Without prejudice to liability for damages and harm that may arise, the owners of the Website may, immediately and without prior notice, resolve and terminate their relationship with the user, interrupting access to the Website or its corresponding services, if it detects a use of it or any of the services linked to it that is contrary to the general or particular conditions that are applicable.

The user will be liable for damages or harm of any nature that the owners of the Website or any of its subsidiaries may suffer directly or indirectly, as a consequence of failing to comply with any of the obligations stemming from the general or individual conditions in connection with the use of the Website or any of the services linked to it. Similarly, the user will hold harmless the owners of the Website from any sanctions, claims or lawsuits that may be filed by a third party, including any public bodies, against the owners of the Website, its employees or agents as a result of the violation of any rights of third parties by said user through the use of the Website or services linked to it in a manner contrary to that stated within the general or particular conditions that are applicable.

Applicable law and jurisdiction

These general terms and conditions are governed by Spanish legislation. The owners of the Website and the user, expressly waiving any other jurisdiction, are subject to the Courts and Tribunals of the user’s registered address for any controversy that may arise from the use of the Website or the services linked to it.

In the event that the user is domiciled outside Spain, the owners of the Website and the user submit to, expressly waiving any other jurisdiction, the Courts and Tribunals of Palma de Mallorca, Spain.