Legal Notice Samaruc

In compliance with art. 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that the party 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
• REGISTRATION DATA: Company registered in the Mercantile Register of the province of ALICANTE, Volume 3733, Folio 119, Section 8ª Page A-137527 I/A 1

GENERAL CONDITIONS OF USE OF
WWW.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), placed at the disposal of the users (hereinafter User/s).

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

2.- CONFORMITY WITH THE PRESENT GENERAL CONDITIONS.

The use of the Website implies full acceptance by the User of the GTU in force at the time the User accesses the Website. 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 read the TOU carefully 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 cease to operate the Website at any time.

By "use of the Website", we mean any User who accesses and browses the Website regardless of whether or not he/she fills in the registration forms.

3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.

Access to the Website and/or the Content included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Content included therein for the particular or specific purposes of the Users.

SAMARUC DENIA may establish additional limitations and/or 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 any special warnings or instructions contained on the Website and to always act in accordance with the law, good customs and
the requirements of good faith, using its maximum care taking into account the nature and consideration of the service it enjoys. To this end, you will refrain from using the Website in any way whatsoever in order to
in any way that may impede, damage or deteriorate the normal functioning of the same, 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 to the obligation assumed by the User in general in accordance with the previous section, the User undertakes 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, libellous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or image of third parties and in general the regulations in force.
• b) Not to introduce, store or disseminate through the Website any computer programme, data, virus, code, or any other electronic or physical instrument or device that could 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 to any of the other SAMARUC DENIA users.
  third parties, 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 or industrial property or the rights of third parties, or in general any content that does not
  The right to make it available to third parties in accordance with the law.

3.2- Access and Use of the Contents.

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

SAMARUC DENIA endeavours 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.

No intellectual or industrial property rights over the Website or any of its constituent elements are transferred by means of these GTU, 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 this is legally permitted or authorised by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying out commercial or professional activities. The User must abstain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail 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.- EXCLUSION OF GUARANTEES AND LIABILITY.

5.1.- Exclusion of Guarantees and Liability for the Functioning of the Website.

SAMARUC DENIA does not guarantee the availability and continuity of the functioning of the website and the services or content offered therein, nor does it guarantee that the content of the website is up to date, and is exonerated from all responsibility for damages of any kind that may arise from such circumstances.

SAMARUC DENIA will carry out, provided that there are no circumstances that make this impossible or difficult to carry out, and as soon as it becomes aware of any errors, disconnections and/or lack of updating of the
content, all those tasks aimed at correcting errors, re-establishing communication and/or updating the aforementioned content.

Likewise, SAMARUC DENIA does not guarantee either the technical reliability of its website, or access to its different pages, and is likewise exonerated from all responsibility for any damage or harm caused by
of any nature whatsoever which may arise from this cause.

Furthermore, SAMARUC DENIA is not responsible for any possible errors or security deficiencies that may occur due to the use by the user of a browser with an outdated version.
or insecure in the browser or for any damage, errors or inaccuracies that may arise from the malfunctioning of the browser.

In order to reduce the risk of viruses being introduced into the website, it uses virus detection programmes to control all the content that is introduced into the website. Nevertheless,SAMARUC DENIA does not
guarantees the absence of viruses or other elements on the website introduced by third parties unrelated to SAMARUC DENIA that may cause alterations to the physical or logical systems of the users or to
electronic documents and files stored in its systems. Consequently, SAMARUC DENIA will in no case be responsible for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the users.

SAMARUC DENIA adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. Nevertheless, SAMARUC DENIA does not guarantee that unauthorized third parties will not have access to the type of use or navigation of the Website by the user or the conditions, characteristics and circumstances in which it is carried out. Consequently, SAMARUC DENIA will in no case be responsible for any damages that may derive from such unauthorised access.

SAMARUC DENIA will not be held responsible in any case for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may derive from the same.

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

SAMARUC DENIA does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness or completeness of the Contents.
of said Contents, as well as the Contents 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, accuracy, completeness and/or timeliness of the Contents.
(iii) decisions or actions taken or avoided by you in reliance on information or data provided or made available in the Content, including without limitation lost profits or business opportunities.

6.- HYPERLINKS.

Persons intending to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:

• i) No prior authorisation is required where 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 authorisation 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 information or content that is illicit, contrary to morality and generally accepted good customs and public order, as well as
  nor shall it contain content contrary to any rights of third parties.
• iv) SAMARUC DENIA reserves the right to block hyperlinks to the Website that do not have prior express authorisation, even if they comply with the provisions of this point of the General Conditions.

7.- ACTIONS IN THE EVENT OF NON-COMPLIANCE.

SAMARUC DENIA reserves the right to take whatever action is available at law to demand the responsibilities derived from the non-compliance with any of the provisions of these
General Terms and Conditions of the Website by 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 TOU shall be governed by the provisions of Spanish law.

In the event of any dispute relating to the conditions of use and access to this Website contained in this document, the parties expressly waive their right to any other jurisdiction.
that may correspond to them, unless otherwise determined by law, to the Courts of Denia.

10.- NOTIFICATIONS.

SAMARUC DENIA designates the address specified in the Legal Notice as the contact address for the purposes of carrying out the appropriate notifications.

The e-mail 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 referred to in this clause duly updated for the purposes of notifications.

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

SAMARUC DENIA accepts no responsibility for any damage that may occur as a result of the user's failure to comply with his or her obligation to keep his or her contact details 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 referred to as SAMARUC DENIA, whose other identifying details are included in the Legal Notice and owner of the domain www.samarucdenia.com, hereinafter referred to as the Website, and on the other hand; the user who contracts the services offered through the Website.

2.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.

The present 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 phone call.

The User, who declares that he/she has sufficient legal capacity to contract, accepts the full adhesion and will be bound by 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 without prior notice, however, the user will be bound to those in force at the time of making the reservation.
Any special conditions that may be applicable, or the modification of these CGR, must be formalised in 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 services in accordance with the CGR and without breach of contractual good faith.
• Ø To 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 services contracted.

3.2.- Obligations of the User:

• Ø To fully comply with the provisions of the CGR and, where applicable, with the particular conditions that may be applicable.
• Ø Complete the registration forms with accurate 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 Respect the number of members established in the reserve.
• Ø To act diligently and at all times in accordance with the canons of good practice and contractual good faith throughout the life of the contractual relationship.

4.- PAYMENT CONDITIONS. PRE-CONTRACTUAL AND CONTRACTUAL PERFECTION.

Bookings can be made, as mentioned above, through three channels: website, e-mail or telephone.

To reserve a table, the user must pay the advance amount of 10 euros per person, which will be subsequently deducted from the total amount of the bill. In the event of not being able to attend, the amount paid for the reservation will be refunded to the user provided that notice is given within 24 hours beforehand; on the other hand, it will not be refunded if notice is not given within the aforementioned 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 method established on the website. If for any reason the User is unable to do so, the price paid will be refunded or he/she may choose to change the day selected, provided that notice is given within 48 hours in advance.

However, in the event that the booking conditions vary, the User will be previously informed via the Website or by e-mail, depending on the contracting channel chosen.

The parties are not bound until the contract has been concluded both pre-contractually and contractually.

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 list of prices published on the website when it deems it appropriate. In any case, the above will not be applicable to those services contracted prior to the modification.

Published prices include VAT.

7.- CANCELLATION POLICY.

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

• ð In the event of a table reservation, if the User proceeds to cancel, and provided that this is done within 24 hours beforehand, the amounts paid for 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 day selected, provided that notice is given within 48 hours beforehand.

The amount of the penalty shall be used to cover costs incurred and damages suffered, as well as for loss of profit.

In the event that for unforeseen reasons not attributable to SAMARUC DENIA the contracted service cannot be carried out, SAMARUC DENIA 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.

In order to exercise the rights of cancellation, withdrawal and use of the guarantee, the user should contact SAMARUC DENIA on 965 036 004 or info@samarucdenia.com.

8.2.- Right of Cancellation.

The User may cancel his/her order free of charge, provided that he/she gives notice within the hours indicated above.

8.3.- Right of Withdrawal.

In accordance with art. 103 letter l of the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, "The right of withdrawal shall not apply to contracts that refer to: The provision of accommodation services for purposes other than as a dwelling, transport 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 Guarantee.

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 check 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 purposes 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 purposes of notifications. All notifications made in accordance with the indicated procedure will be considered to have been validly made.

10.- COMPETENT JURISDICTION.

In the event of a dispute between the parties, the territorial jurisdiction shall be, at the User's choice, the domicile of the User or of the defendant.