The web site www.hotelabanoritz.de (hereby referred to as the “Web Site”) is provided to you (hereby referred to as the “User”), by SIRA Sr.l., (headquarters, via Monteortone, 19 - 35031 - Abano Terme Padua, Italy - hereby referred to as “SIRA”), on the condition that you agree to be bound by the present Terms & Conditions of use.
SIRA consents to the User having access to an extensive range of resources on the Web Site (hereby referred to as the “Resources”), which are to be viewed in an illustrative and non limitative way:
- Texts, graphic elements, sounds, images, descriptions, and the layout of the Site (hereby collectively referred to as “Contents”);
- Products, services, means of communication, systems of reservation and/or purchasing of services or products, or other tools and services accessible through the Web Site (collectively referred to as “Services”);
- Catalogues, Photographs, Videos, technical specifications, price lists, press releases and frequently asked questions (collectively referred to as “Documentation”);
- Software, HTML codes, Active X controls, Java controls (collectively referred to as “Software”);
- Bulletin boards and other means of communication, message exchange and/or materials, tools to send and receive messages, comments and materials (collectively referred to as "Publications").
In order to use this Web Site and its Resources (excluding Resources provided by SIRA, its partners and suppliers with a separate written contract), the User must accept the Terms and Conditions of Use by clicking on the “I accept” button, accessible through the user interface of any Resource, or through the use of the Web Site and its related Resources. From that instant, the User acknowledges and accepts that SIRA considers their use of the Web Site and the Resources as acceptance of the Terms and Conditions of Use.
Limitations of Use
The user shall retrieve material found on this Web Site and its respective services solely for your own personal, non commercial use, be it direct or indirect, as specified by the Conditions of Use and the rule of law or applicable regulation, practice of law, or guidelines generally accepted in the relevant jurisdiction.
The User is not authorised to use the Web Site and the Resources in any way that can harm, deactivate, overload or put into conditions of risk the laid infrastructure of SIRA, its partners and suppliers, and neither can the User interfere with the use and the control of the Web Site and the Resources by other users.
The User accepts not to access (or to attempt to access) any section of the Web Site, the Resources, or a computer or network connected to the infrastructure of SIRA, its affiliates or its suppliers, by using any other means except for the interface that is provided by SIRA, nor through the false insertion or forgery of passwords, and any other means.
The User may not (and may not allow anyone else to) modify, copy, distribute, transmit, display, execute, reproduce, publish, license, create works deriving from, submit, sell or attempt to obtain the source code for a piece of Software, any Service, Documentation, Contents or publications taken from the Web Site, unless expressly given permission or required by law, or specifically authorised by SIRA in written form.
The User takes full responsibility for any non fulfilment of the User’s obligations, according to the terms of these Conditions of Use and for the consequences of any form of violation (including any loss or damage that could be inflicted upon SIRA).
Copyright and trademarks
Every Resource of this Web Site is protected by copyright and other intellectual property laws (Copyright © SIRA S.r.l., its affiliates and suppliers, all rights reserved). SIRA SpA, Abanoritz.it, hotelabanoritz.com, AbanoRitz, and the logo AbanoRitz are all trademarks or registered trademarks of SIRA. Other products, resources and other trademarks that appear on this Web Site, are property of their respective owners. The Contents of this Web Site are provided for the sole purpose of being put on display and not saved or downloaded in any form.
Access to Services
SIRA has affiliates and suppliers. At times, these companies will provide the User with Services and Resources in behalf of SIRA. The User acknowledges and accepts that the affiliates and suppliers of SIRA have the right to provide Services and Resources to the User.
The User recognises and accepts that SIRA can discontinue (permanently or temporarily) the provision of Services and Resources (or any part of the Services and Resources) to the users at the exclusive discretion of SIRA, without further notice.
In order to access some Services and Resources, the User might be asked to give certain personal information (i.e. identification details or contact details), as part of the registration process for the Service or in order to continuously use the Services and Resources (the “Account”), and completing the relevant registration form with up to date, accurate and complete information.
The User acknowledges and accepts responsibility for the maintenance of confidentiality of the password related to any account the User uses in order to access the Services. The User agrees to his/her being fully responsible for all activities in his/her account. If the User is aware of any unauthorised use of his/her password or of their account, they are to immediately communicate this information to SIRA.
The User acknowledges and accepts that in case the access to an account is disabled by SIRA, it is possible that access to the Services and Resources, Account details, or any other file or Content that is included in the Account will be denied.
Links from third party sites
The Web Site and its Resources can contain hyperlinks (“Link”) that redirect to other web sites. Such Links are provided with the sole purpose of giving information. SIRA may not have control over sites provided by different companies other than SIRA and is not responsible for the respective Contents or the use of such Contents and Resources. The introduction by SIRA of the Links to such sites, does not imply that SIRA accepts the material appearing on such web sites or any other relation between SIRA and their administrators.
Documentation available on this web site
The User is authorised to use the available Documentation on the Site and the related Services, on the condition that the above mentioned copyright is present on all copies and is accompanied by this authorisation that the use of such Documentation is intended only for informative, personal and non commercial purposes. The aforementioned Documentation shall not be copied or published on any network computer or transmitted through any channel of communication and no part of the Documentation shall be modified in any way. Any use for any other reason is expressly forbidden by law and can entail serious civil and penal sanctions.
Software available through the use of the Web Site
Any kind of Software that can be downloaded or used through the Site is subject to the copyright laws of SIRA, its affiliates and its suppliers. The Use of the Software is subject to the conditions of the final user’s license contract, if enclosed in the Software or supplied with it. The User is not authorised to install, copy or use any Software accompanied by, or supplied with, a licence contract without having first accepted the conditions of the licence contract.
For any potential Software not accompanied by a Licence Contract, SIRA will give the User a personal, non transferable licence for the use of the Software, with the purpose of showing and using the present Web Site and the relevant Services in other ways, in conformity with the present Conditions of Use and for no other reason. By installing, copying or using the Software, the User agrees to being bound by the conditions of this licence.
Disclaimer of Warranties
The Web Site, the Services and all Resources are supplied as they are; SIRA, its affiliates and suppliers do not provide any guarantee with reference to the User.
In particular, SIRA, its affiliates and suppliers make no representations or warranties to the User that: the use of the Web Site and of the Resources will resolve particular needs; that the use of the Web Site and Resources will be devoid of timely interruptions; that it will be secure or deprived of errors; that any information obtained by the User as a result of using the Web Site, Services and its Resources is accurate or trustworthy; and that the defective functioning of any type supplied as part of this Web Site will be repaired.
No condition, guarantee, or other terms (including any implicit term of satisfactory guarantee, suitability for an aim or conformity with the description) is applied on this Web Site and all of its Resources, except in the case of those that are expressly stated in the Terms of these Conditions of Use.
Nothing stated in the Terms can waive the rights set by reason of law, which the User always has the right to as a consumer, and cannot by virtue of a contract alter or renounce it.
Limitation of Liability
The limitation of liability, established by law, states that under no circumstances shall SIRA, its affiliates and its suppliers, be liable towards the User, for any direct, indirect or consequential losses. This limitation applies to:
- All losses and damages of any kind whatsoever including lost profits (whether direct or indirect), business goodwill or reputation, or loss of data;
- Whatever losses or damages that the User could suffer, relating to the use of the Web Site and its resources, or the reliance of the user concerning the completeness and accuracy of the Web Site contents and the use of its Resources;
- Whatever modifications that SIRA could make to the Web Site and its Contents, or for any permanent or temporary interruptions in the services offered by the Web Site and any Resources (or any parts of the Web Site);
- The cancelling, corruption, or the lack in loading any content or other divulgence of data maintained or transmitted by the User, through the use of the Web Site and all of its Resources.
This limitation of liability of SIRA towards the User expressly stated above applies whether SIRA, its employees, collaborators, affiliates and suppliers have been advised or not or should have known of the possibility of damages.
The affiliates and the suppliers of the Resources or products to SIRA or through the Web Site are independent firms and not representatives, agents or employees of SIRA.
SIRA will not answer for such suppliers’ actions, errors, omissions, declarations, warranties, violations or damage, or grievous bodily harm, property damages or other damages or expenses provoked by the same causes. SIRA will not answer in any way for, and will not reimburse anyone in relation to delays, cancellations, strikes, circumstances beyond one’s control or other causes that are beyond their direct control and will not be responsible for any ulterior expense, omission, delay, modification or action of any government or authority.
Modification to the Terms
SIRA reserves the right to modify the Conditions of Use periodically. When such modifications occur, SIRA will give out a new copy of the Conditions of Use through the web site. The continued use of the Web Site and all the Resources will be deemed acceptance of the updated or amended terms by the User.
The Conditions of Use in Italian language will be corrective of the relationship between the User and SIRA, the translation of the Conditions of Use is given to the User only for convenience; in case of contradictions between what is stated in the Italian version and what is stated in a translation, the Italian version will prevail before the others.
The User states that the use of the Web Site and Resources do not entail any joint-venture, partnership, subordinate work and agency liaison or representation between the User and SIRA.
In case that any of the present Conditions of Use were to be declared invalid, or unenforceable, in accordance with the laws in force including, as an illustrative example, the warranty disclaimers and the limitations of liability, the disposition resulting non valid or inapplicable will be substituted by a valid and applicable disposition that reflects as much as possible the aim of the original disposition, and the remaining part of the Conditions of Use will continue to be binding to all intents and purposes.
If any court of competent jurisdiction on this subject matter declares any term contained in these Conditions of Use invalid or unenforceable by reason of the laws, the resulting invalid or unenforceable term will be substituted by a valid and enforceable term that reflects as much as possible the intent of the original term and the remaining part of the Conditions of Use will continue to be binding to all intents and purposes.
The terms of these Conditions of Use constitute the entire agreement between the User and SIRA and rule the use of the Web Site and of all the Resources (excluding any resource that SIRA, its affiliates and suppliers can deliver in a separate written agreement), and completely replace any previous agreement between the User and SIRA regarding the use of the Web Site and the Resources.
At times, when the User uses the Web Site and the Resources, they could (as a result of, or through the use of, the Resources) also use a service or download a part of the software, or purchase goods, which are provided by another person or company. The Use of these services on behalf of the User, software or goods might be subjected to separate terms between the User and the relative company or person. In this case, the Terms of these Conditions of Use do not waive their legal right to enforce that right on these companies or persons.
SIRA will have, contrary to the User, the ability to render, transfer, and contract out or delegate rights, duties, and obligations arising out of the present Conditions of Use.
The terms of these Conditions of Use and the relationship between the User and SIRA, are subject to the Italian legislation and governed by the justice court of Padua which shall have exclusive jurisdiction over any legal controversy arising out of the terms.
Document published and updated: Abano Terme, on the April 22nd, 2010.
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