Terms & conditions


PREAMBLE

Amenitiz usually works with accommodation professionals. 

As part of the Site, Amenitiz offers Internet users free access to various Content (free access e-learning, informative videos and text, audio content, etc.) and the possibility of interacting with a Community, under the defined conditions. to these General Conditions of Use (CGU).  

ARTICLE 1: OBJECT

The purpose of these T&Cs is to describe the conditions under which the Internet user can access the Site and its Content.  

ARTICLE 2: ACCEPTANCE AND MODIFICATION OF THE TOS

Any Internet user who accesses the Site is deemed to have read these T&Cs and to have accepted them in full and without reservation. In the event that the Internet user disagrees with these T&Cs, he must not consult and/or use the Site. 

Amenitiz reserves the right to modify these T&Cs at its sole discretion. In this case, the modifications will come into force as soon as they are posted on the Site and will prevail over any previous version of the T&Cs. The Internet user is therefore invited to regularly visit this page in order to be aware of any possible modification made by Amenitiz. 

In any case, by continuing to browse the Site, the Internet user acknowledges and accepts the modifications thus made.

ARTICLE 3: DEFINITIONS

The terms defined below have, within the T&Cs, the following definitions:

  • Member: refers to any Internet user who has created a User Space on the Site.

  • Content: refers to all elements of any kind making up the Site (text, editorial content, illustrations, photographs, images, sounds, videos, computer codes, etc.).

  • Amenitiz: designates the company Amenitiz Solution SL, a limited company with a capital of 15,000 euros, whose registered office is located at 4, Plaza d'Urquinaona, 08010 Barcelona (Spain).

  • Community: refers to all Members likely to interact on the Site after logging into their User Area.

  • Site: means the website "The Hotel Club by Amenitiz" accessible at the address https://www.the-hotel-club.com .

  • User Space: designates the personal space accessible on the Site, protected by Identifiers, specific to each Member, allowing him to share with the Community.

  • Identifiers: refers to the specific email address and password with which the Member identifies himself in order to access his User Space and communicate with the Community.

  • Internet user: refers to any person browsing the Site, including Members.

ARTICLE 4: CONDITIONS OF ACCESS TO THE SITE

4.1: Eligibility and prerequisites

The Site is accessible to all Internet users of legal age and is intended for accommodation and hotel professionals.

 
Access to the Community and the possibility of interacting with it require the prior creation of a User Space. To do this, the Internet user must enter an email address, a pseudonym and a password.


4.2: Creation and security of Identifiers and the User Space
The Identifiers, freely determined by the Member when creating his User Space, allow him to authenticate himself on the Site, in order to interact with the Community and to be able to access certain content published by the members of the Community.


The Identifiers are strictly confidential and personal to the Member; the Subscriber must under no circumstances communicate them to third parties. The Member enters his Identifiers only when he connects to his User Space: any other use or request for communication of the Identifiers must be considered as fraudulent and not originating from Amenitiz.


The confidentiality, storage and use of his Identifiers are the sole responsibility of the Member, who must take all necessary measures to prevent any fraudulent use of his User Space. As far as possible, the Member immediately notifies Amenitiz, by means of an email addressed to content@amenitiz.com of any unauthorized or fraudulent use of his Identifiers or of any breach in the security of his User Space that this this would ascertain or presume.


The Identifiers presume the identity of the Member who connects to his User Space. Consequently, any access to the Member's User Space using his Identifiers is deemed to be made by the Member himself and any operation or communication of any kind whatsoever carried out through these Identifiers shall be deemed to have been initiated by the latter and enforceable against the Subscriber.


Amenitiz is entitled to immediately suspend and/or delete the User Space of any Member who provides information that is false, inaccurate, outdated, incomplete or in violation of the provisions of these T&Cs and to immediately prohibit this Member from access to all or part of the Site, including the Community.

4.2: Convention of proof

The Internet user acknowledges that the electronic medium constitutes a reliable, faithful and durable medium and that its legal value is equivalent to that of a writing within the meaning of the provisions of the Civil Code.

ARTICLE 5: OBLIGATIONS OF THE INTERNET USER


5.1: Reasonable use of the Site
The Internet user is required to take all appropriate measures to protect his own data and/or software, both from misappropriation and contamination by possible viruses circulating on the Internet network, and from intrusion by a third party. in its terminal's system for any purpose.
The Internet User agrees not to disrupt or attempt to disrupt the proper functioning of the Site and/or the Customer Areas of other Members, in particular through the use of devices or software.


5.2: Warranty
The Internet user guarantees Amenitiz against any legal or factual disturbance, and in particular against any action directed against the latter which would find its cause in a non-compliance by the Internet user with all or part of the T & Cs or in an illegal or prohibited use of the Site (particularly with regard to the eligibility criteria mentioned above). 
Amenitiz reserves the right to refuse access, temporarily suspend or permanently close a User Area, remove or edit content if the Internet user is in violation of applicable laws or the T&Cs.


5.3: Commitments
The Internet user undertakes to respect the following rules in his use of the Site and in his interactions with the Community:
- Use the Site fairly, in accordance with its professional purpose and legal and regulatory provisions; 
- Respect the intellectual property rights relating to the Content, and the intellectual property rights of third parties, in particular the Community; 
- Refrain from reproducing and/or communicating to the public, through the Site or its User Space, any content without the authorization of the holders of the rights relating to this content;
- Not to disseminate data, information or content that does not conform to reality, of a defamatory, obscene, abusive, offensive, violent or inciting nature, of a political, racist or xenophobic nature and in general any content that would be contrary to the applicable laws and regulations;
- Not to divert or attempt to divert one of the functionalities of the Site or its User Area outside of its normal use;
- Not to use its User Space to send unsolicited messages of any kind;
- Not to collect information on the Community, including e-mail addresses, in order to use them for sending solicitations of any kind whatsoever, or in order to integrate them within a referencing service or equivalent, free of charge or paying, or in order to carry out competitive intelligence;
- Not to use the Site, its User Space or the Community, directly or indirectly, to implement practices similar to sales or similar services.

ARTICLE 6: PROTECTION OF PERSONAL DATA

6.1: Personal data

The processing of personal data carried out by Amenitiz is carried out in accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data (known as "GDPR"). 

For more complete information, Amenitiz invites the Internet user to consult its Privacy Policy.

6.2: Cookies

A cookie is a small file stored by a server in the terminal (computer, telephone, etc.) of a user and associated with a web domain (i.e. in the majority of cases with all the pages of same website).  This file is automatically resent during subsequent contacts with the same domain.

For more complete information, Amenitiz invites the Internet user to consult its Privacy Policy.

ARTICLE 7: RESPONSIBILITY

7.1 Amenitiz takes reasonable steps to make the Site and its Content available, but cannot guarantee that all Content information it contains is accurate. 

To the extent permitted by law, Amenitiz cannot be held responsible for any errors, interruptions or missing information, and does its best to make the necessary corrections in good time.

The Content of the Site does not constitute a recommendation or approval of services or sales made by third parties.

7.2 By browsing the Site, the Internet user acknowledges and accepts the risks and limits inherent in the use of the Internet, and in particular the facts that:

  • The reliability linked to the transmission of data on the Internet is only relative when the data circulates on heterogeneous networks with various characteristics and capacities;

  • The Site is likely to be unavailable in whole or in part, in particular due to maintenance procedures, or to be subject to technical malfunctions;

  • The Site is likely to be inaccessible at certain times of the day, particularly in the event of saturation linked to its frequentation.

The protection of the Site against the risks of intrusion, piracy of data, software and files, contamination by computer viruses, cannot be infallible, which the Internet user expressly acknowledges.

In addition, the Internet user:

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  • Takes all necessary measures to ensure that its means of connection allow it effective and efficient use of the Site.

  • Recognizes and accepts that Amenitiz cannot be held directly or indirectly liable, in any capacity and for any reason whatsoever, for damages related to:  

    • any incident or interruption of the Site caused by a malfunction and/or inadequacy of the hardware and/or software and/or infrastructure of the Internet User, whatever the cause;

    • a failure of the Internet network and/or the Internet user's telecommunications service providers and operators;

    • an interruption of the Site resulting from faulty behavior by the Internet user;

    • the use of the Content.

7.3 In any case, and to the extent permitted by law, Amenitiz is only liable vis-à-vis the Internet user under the conditions of the law of liability, requiring the demonstration of a fault on his part, prejudice of the Internet user and a causal link between the fault and the aforementioned prejudice.  

Amenitiz will in no way be held responsible in the following cases:  

  • consequential loss or consequential damage;

  • inaccurate information of the Content present on the Site;

  • third party product, service or action;

  • force majeure or event beyond the control of Amenitiz.

If the Internet user is a consumer, he benefits from applicable laws and regulations guaranteeing him certain rights which cannot be derogated from.  In this case, Amenitiz's liability is determined jointly with regard to the T&Cs and the regulations applicable to the consumer Internet user.

ARTICLE 8: INTELLECTUAL PROPERTY

8.1: Ownership of the Site

The Site and its Content are the property of Amenitiz and/or third parties contractually linked to Amenitiz, holders of the intellectual property rights of the Site.

In particular, the Internet user is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Content of the Site without the express, prior and written consent of Amenitiz.

8.2: Infringement of third party rights

Amenitiz is the owner and/or has the authorization to use all the rights relating to the logos, trademarks, distinctive signs as well as the databases and software used in the context of the operation of the Site.

Any representation or total or partial reproduction of the Content, logos, trademarks, distinctive signs as well as the databases used on the Site by any means whatsoever without the express, prior and written authorization of Amenitiz is prohibited and would constitute an infringement. .

Amenitiz reserves the right to take all measures it deems appropriate to prevent or put an end to the infringement of its copyrights or the copyrights of third parties.

8.3: Hypertext links

The Internet user acknowledges and accepts that the other sites to which the Internet user could access via hypertext links available on the Site are not published by Amenitiz. Amenitiz cannot therefore be held liable for the content of these sites and/or the use made of them by the Internet user.

ARTICLE 9: PROCESSING OF COMPLAINTS  

In the event of a complaint concerning the use of the Site or the Content, the Internet user sends his complaint to Amenitiz:

  1. Either by email: content@amenitiz.com

  2. Or by post: 4, Plaza d'Urquinaona, 08010 Barcelona (Spain).

ARTICLE 10: GENERAL PROVISIONS  

10.1: Partial invalidity

If one of the articles of the T&Cs is declared null or without object with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten. and will not affect the validity of other articles.  

10.2: Applicable law 

The T&Cs are governed by Spanish law.

To the extent permitted by law, the competent Courts of Barcelona are designated competent to hear any disputes.

In the event of a translation conflict between the different versions of the T&Cs, the English version will prevail.