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Legal Notice Samaruc

In compliance with art. 10 of Law 34/2002, of July 11, 2002, of services of the information society and electronic commerce, we inform you that the responsible for this website is:

  • IDENTITY: “SAMARUC DENIA 2013, S.L.”.
  • C.I.F / N.I.F.: B54746862
  • ADDRESS: CTRA. DENIA-JAVEA, 100, 03700 DENIA (ALICANTE)
  • TELEPHONE: 965 036 00
  • E-MAIL: info@samarucdenia.com
  • REGISTRAR DATA: Company registered in the Mercantile Registry of the province of ALICANTE, Volume 3733, Folio 119, Section 8ª Sheet A-137527 I/A 1

GENERAL CONDITIONS OF USE OFWWW.SAMARUCDENIA.COM

1.- OBJECT.

The present general conditions of use (hereinafter CGU), regulate the access and use of the Website under the domain WWW.SAMARUCDENIA.COM (hereinafter Website), owned by “SAMARUC DENIA 2013, S.L.” (hereinafter SAMARUC DENIA), made available to the users (hereinafter User/s).

If you have any doubts or queries related to the use and access to the Website or the present GTU, you can contact us through the contact details published in the Legal Notice.

Translated with www.DeepL.com/Translator (free version)

 

2.- IN ACCORDANCE WITH THESE GENERAL CONDITIONS.

The use of the Website implies full acceptance by the User of the GTU in force at any time the User accesses it. Therefore, if the User does not agree with any of the conditions set forth herein, he/she should refrain from using this Website.

Consequently, the User must carefully read the GTU each time he/she intends to use the Website.

In any case, SAMARUC DENIA reserves the right to modify, without prior notice and at any time, the GTU. Likewise, SAMARUC DENIA reserves the right to suspend, interrupt or stop operating the Website at any time.

By “use of the Website” is understood any User who accesses and navigates the Website, regardless of whether or not he/she fills out 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 type of guarantee regarding the suitability of the Website and/or the Contents included therein for the particular or specific purposes of the Users.

SAMARUC DENIA may establish limitations and/or additional 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, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.

The User acknowledges that he/she is over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.

The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained in the Website and to act always in accordance with the law, good customs and
the requirements of good faith, using his maximum care taking into account the nature and consideration of the service he enjoys. To this end, you will refrain from using the Website in any way that may prevent, damage or
way that could impede, damage or deteriorate the normal functioning of the Website, the goods or rights of SAMARUC DENIA, its suppliers, its distributors, the rest of the Users or in general of any third party.

Specifically and without this implying any restriction whatsoever to the obligation assumed by the User in general in accordance with the previous section, the User is obliged in the use of the
Website:

  • a) Not to enter, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
  • b) Not to introduce, store or disseminate through the Website any computer program, data, virus, code or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of SAMARUC DENIA, of any User, of the Suppliers or Distributors of SAMARUC DENIA or, in general, of any third party, capable of causing any type of alteration or impeding the normal functioning of the same.
    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 the rules of intellectual property, industrial or third party rights, or in general any content of which it does not have the right to make available to third parties.
    in accordance with the law, the right to make it available to third parties.

3.2- Access and Use of Content.

The Contents of the Website are made available to the User with information from both own and third party sources.

SAMARUC DENIA tries to ensure that the Contents are of the highest possible quality and are reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.

 

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

These GTU do not grant 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, publicly communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or procedure, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

The User will be able to visualize and obtain a temporary private copy of the Contents for his exclusive personal and private use in his computer systems (software and hardware), as long as it is not with the purpose of developing activities of commercial or professional character. The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for that purpose or those that are commonly used on the Internet (provided that the latter do not involve a risk of damage or disablement of the Website). The user must at all times respect all intellectual and industrial property rights over the Website, owned by SAMARUC DENIA or third parties.

 

5.- DISCLAIMER OF WARRANTIES AND LIABILITY.

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

SAMARUC DENIA no garantiza la disponibilidad y continuidad del funcionamiento del Website y de los servicios o Contenidos ofrecidos en el mismo, ni que el contenido existente en su Website se encuentre actualizado, quedando exonerado de toda responsabilidad por los daños y perjuicios de cualquier naturaleza que puedan originarse por tales circunstancias.

SAMARUC DENIA llevará a cabo, siempre que no concurran circunstancias que lo hagan imposible o de difícil ejecución y tan pronto tenga noticias de los errores, desconexiones y/o falta de actualización de los
contenidos, todas aquellas labores tendentes a subsanar los errores, restablecer la comunicación y/o actualizar los referidos contenidos.

Asimismo, SAMARUC DENIA no garantiza ni la fiabilidad técnica de su Website, ni el acceso a sus distintas páginas, quedando de la misma forma exonerado de toda responsabilidad por los daños y perjuicios de
cualquier naturaleza que puedan originarse por esta causa.

Además, SAMARUC DENIA no se hace responsable de los posibles errores o deficiencias de seguridad que pudieran producirse por la utilización por parte del Usuario de un navegador de una versión no actualizada
o insegura en el navegador o de los daños, errores o inexactitudes que pudieran derivarse del mal funcionamiento del mismo.

Con el fin de disminuir el riesgo de introducción de virus en el Website, utiliza programas de detección de virus para controlar todos los Contenidos que introduce en el Website. No obstante,SAMARUC DENIA no
garantiza la ausencia de virus, ni de otros elementos en el Website introducidos por terceros ajenos a SAMARUC DENIA que puedan producir alteraciones en los sistemas físicos o lógicos de los usuarios o en
los documentos electrónicos y ficheros almacenados en sus sistemas. En consecuencia, SAMARUC DENIA no será en ningún caso responsable de cualesquiera daños y perjuicios de toda naturaleza que pudieran derivarse de la presencia de virus u otros elementos que puedan producir alteraciones en los sistemas físicos o lógicos, documentos electrónicos o ficheros de los Usuarios.

SAMARUC DENIA adopta diversas medidas de protección para proteger el Website, los datos recabados y los Contenidos contra ataques informáticos de terceros. No obstante, SAMARUC DENIA no garantiza que terceros no autorizados puedan tener acceso al tipo de uso o navegación del Website que hace el Usuario o las condiciones, características y circunstancias en las cuales se efectúa. En consecuencia, SAMARUC DENIA no será en ningún caso responsable de los daños y perjuicios que pudieran derivarse de dicho acceso no autorizado.

SAMARUC DENIA no se hará responsable en ningún caso del uso que los usuarios y/o terceros pudieran hacer del Website o los Contenidos, ni de los daños y perjuicios que pudieran derivarse del mismo.

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

SAMARUC DENIA does not edit the Contents of third parties published on the Website and, consequently, does not guarantee nor is it responsible for the legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness and up-to-dateness of said Contents, nor for the Contents owned by SAMARUC DENIA.
completeness and timeliness of said content, as well as the content owned by SAMARUC DENIA.

SAMARUC DENIA will in no case be responsible for any damages that may derive from: (i) the lack of legality, truthfulness, veracity, accuracy, completeness and/or timeliness of the contents originated by third parties and its own.
originated by third parties and its own; (ii) the inadequacy for any purpose and the disappointment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the user in reliance on the information or data facilitated or provided in the Contents, including without limitation the loss of profits or business opportunities.

6.- HYPER LINKS.

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

  • i) No prior authorization is required when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of Hyperlink
    will require the express and unequivocal written authorization of SAMARUC DENIA.
  • ii) The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
  • iii) The Web page on which the Hyperlink is established shall not contain any information or content that is illicit, contrary to morality and generally accepted good customs and public order, as well as
    nor shall it contain any content contrary to any third party rights.
  • iv) SAMARUC DENIA reserves the right to block hyperlinks 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.

SAMARUC DENIA reserves the right to exercise whatever actions are available at law in order to demand the responsibilities derived from the non-compliance of any of the provisions of these
General Conditions of the Website on the part of a user.

 

8.- PARTIAL NULLITY.

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

 

9.- APPLICABLE LAW AND JURISDICTION.

These GTU shall be governed by the provisions of Spanish law.

Any dispute relating to the conditions of use and access to this Website contained in this document of CGU of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Denia.
that may correspond to them, unless otherwise determined by law, to the Courts of Denia.

 

10.- NOTIFICATIONS.

For the purposes of making the appropriate notifications, SAMARUC DENIA designates the address specified in the Legal Notice as the contact address.

The email address provided by the user during the registration process on the Website will be used by SAMARUC DENIA for the purpose of sending notifications to the user.

The User is obliged to keep the data duly updated for the purposes of notifications referred to in this clause.

All notifications made by SAMARUC DENIA to the user will be considered validly carried out if they have been made using the data and through the aforementioned means.

SAMARUC DENIA is not responsible for any damage that may occur due to the User’s violation of his or her obligation to keep his or her contact information up to date.

GENERAL CONDITIONS OF RESERVATION OF
WWW.SAMARUCDENIA.COM

1.- IDENTIFICATION OF THE PARTIES.

On the one hand “SAMARUC DENIA 2013, S.L.”, hereinafter SAMARUC DENIA, whose other identifying data are included in the Legal Notice and owner of the domain www.samarucdenia.com, hereinafter Website, and on the other hand; the User who contracts the services offered through the Website.

 

2.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.

These general booking conditions, hereinafter referred to as GRC, govern the booking contracts between SAMARUC DENIA and the User, regardless of the channel used:

Website, e-mail or by telephone call.

The User, who declares that he/she has sufficient legal capacity to contract, accepts the full adhesion and will be bound to the present GRC at the moment he/she makes a reservation in any of the above mentioned channels.

The GRC may be subject to unilateral modification by SAMARUC DENIA and without prior notice, however, the User will be bound to those in force at the time of making the reservation.
The possible particular conditions that may be applicable, or the modification of these GRC, must be formalized by means of a separate document, which, in order to be effective, must be signed by both parties.

3.- OBLIGATIONS OF THE PARTIES.

3.1.- Obligations of SAMARUC DENIA:

  • Ø To provide the services in accordance with the GRC and without breaching the contractual good faith.
  • Ø Make available to the User the CGR and the particular conditions that, where appropriate, are applicable.
  • Ø To send the User a receipt or invoice for the contracted services.

3.2.- Obligations of the User:

  • Ø To fully comply with the provisions of the CGR and, if applicable, with the particular conditions that may be applicable.
  • Ø To complete the registration forms with truthful and current information. The User shall be solely responsible for the accuracy and updating of the information.
  • Ø Maintain the confidentiality of the information provided and immediately notify the loss, loss, theft, robbery, illegitimate access, as well as its knowledge by third parties.
  • Ø To respect the number of members established in the reserve.
  • Ø To act in a diligent manner, conforming at all times to the canons of good use and good contractual faith throughout the life of the contractual relationship.

4.- PAYMENT TERMS. PRE-CONTRACTUAL AND CONTRACTUAL PERFECTIONING.

Reservations can be made, as mentioned above, through three channels: Website, e-mail or phone call.

To make a table reservation, the user must pay the advance amount of 10 euros per person, which will be subsequently deducted from the total amount of the invoice. In case of not being able to attend, the amount paid in the reservation, will be returned to the user provided that notice is given within a period of 24 hours before, on the contrary, will not be refunded if not notified within this period.

Similarly, if the user chooses to purchase a gift voucher, “Give an experience at Samaruc”, the price of the chosen menu will be paid, using the payment format established on the website. If for any circumstance the User is unable to do so, the price paid will be refundable or he/she may choose to change the day that had been selected, provided that notice is given within 48 hours in advance.

However, in the event of a change in the booking conditions, the User will be previously informed through the Website or by e-mail, depending on the chosen contracting channel.

The parties shall not be bound until the contract has been perfected both in the pre-contractual and contractual phase.

5.- FORMS OF PAYMENT.

The User has the following means of payment:

  • – Bank transfer to the following account: ES83 0081 1337 14 0001955306
  • – Online through the payment gateway of the Website (PayPal)

6.- PRICES AND APPLICABLE TAXES.

SAMARUC DENIA reserves the right to modify the price list published on the Website when it deems it convenient. In any case, the above will not apply to those services contracted prior to the modification.

The published prices include VAT.

 

7.- CANCELLATION POLICY.

In case of cancellation, modification or absenteeism, the following penalties shall apply:

  • ð In the case of table reservation, if the User proceeds to the cancellation, and provided that it is made within 24 hours before, the amounts paid for the realization of the reservation will be refunded.
  • ð In the case of a gift voucher, the User may cancel it, requesting a refund of the voucher or, on the contrary, changing the selected day, provided that notice is given within 48 hours beforehand.

The amount of the penalty will be used to cover the expenses incurred and damages suffered, as well as for the loss of benefits.

In the event that for unforeseen reasons not attributable to SAMARUC DENIA the contracted service could not be carried out, the latter will provide the user with another day on which to provide the service, or the money will be refunded.

 

8.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS, AND LEGAL GUARANTEE.

8.1.- Procedure.

To exercise the rights of cancellation, withdrawal and use of the guarantee, the User should contact SAMARUC DENIA at 965 036 004 or info@samarucdenia.com.

8.2.- Right of Cancellation.

The User will be able to cancel his order without any cost as long as it is communicated with the hours of anticipation indicated above.

8.3.- Right of Withdrawal.

Pursuant to art. 103 letter l of Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users, “The right of withdrawal shall not apply to contracts relating to: The provision of accommodation services for purposes other than serving as a dwelling, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance”.

8.4.- Legal Warranty.

If the User is not satisfied with the quality of the products or services provided and wishes a refund, temporary reduction or any other type of compensation, he/she should contact SAMARUC DENIA.
In the event that the User suffers from any type of allergy or intolerance to any type of product, it is the responsibility of the User to contact SAMARUC DENIA to verify that the products do not contain ingredients that could harm their health.

The images associated with the products offered are merely illustrative and may not be a true reflection of the product.

 

9.- NOTIFICATIONS.

SAMARUC DENIA designates as its address for the purpose of notifications the address stipulated in the Legal Notice. The email address provided by the user during the registration process will be used by SAMARUC DENIA for the purpose of notifications. All notifications made in accordance with the indicated procedure will be considered validly made.

 

10.- COMPETENT JURISDICTION.

In the event of litigation between the parties, the territorial jurisdiction shall correspond, at the User’s choice, to the domicile of the latter or of the defendant.