TERMS AND CONDITIONS
1. General Information
The User must carefully read these Terms and Conditions regulating the access and use of the website www.bestazoreshotels.com, as well as all its subdomains (hereinafter “Website”), operated by (i) Açores 2000 Soc. Desenvolvimento Turístico Açores, S.A.; (ii) HTA, Hotéis, Turismo e Animação dos Açores, S.A.; (iii) Proturotel, Promoção Turística e Hoteleira, S.A.; e, (iv) Bensitur, Sociedade Açoriana de Investimentos Turísticos LDA. (hereinafter referred to as “BENSAUDE Hotels”).
Use of this Website shall be governed by these Terms and Conditions, implying its use the acceptance of the same by the User. If you reject, as a User, these Terms and Conditions, you must immediately cease using it.
Access to and use of the Website is made available exclusively for personal use and to access the services offered by BENSAUDE Hotels or to obtain information about the same, and are therefore not related with any commercial, business or professional activity of the User.
BENSAUDE Hotels reserves the right to discretionally evaluate the User's compliance with these Terms and Conditions. The violation of the Terms and Conditions may imply the withdrawal of the authorisation of use granted by BENSAUDE Hotels, in the terms provided herein, as well as the exercise of its rights to the maximum extent permitted by law.
The User undertakes to indemnify and relieve BENSAUDE Hotels and its legal representatives, partners and employees harmless from any damages, liabilities, claims, including expenses and costs of representation, requested by third parties as a consequence of use of the Website in terms that are not in accordance with these Terms and Conditions and / or due to breach of the conditions set forth therein, and / or resulting from breach of the representations and warranties contained in these Terms.
2. Authorisation of Use
Without prejudice to other provisions provided in these Terms and Conditions, BENSAUDE Hotels authorises any User to use this Website only for personal or informational purposes, as provided in these Terms and Conditions. The authorisation for use may be revoked by BENSAUDE Hotels at its discretion and at any time. In accordance with the law and these Terms and Conditions, you may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or modify the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, you acknowledge and accept that the content of the Website may be incomplete, inaccurate, not up-to-date, or that it may not meet your needs and requirements.
3. Content and Limitation of Liability
Access and use of the Website are activities performed by the User.
The User is solely responsible for the use of the Website and its contents. BENSAUDE Hotels is not responsible or liable for any use of the Website in terms not in compliance with the legal provisions in force by the User.
In particular, the User is solely responsible for the communication of incorrect, false, or third-party information, without his or her consent, as well as for their incorrect use.
The contents of the Website may contain inaccuracies or typos. BENSAUDE Hotels is not responsible or liable in any way for any inaccuracies or errors, any damages caused or resulting from the use of information derived from the Website or through the Website by the User. The User is the sole and exclusive responsible for the evaluation of the information and the contents available through the Website.
The Website and all information and content published therein may be amended by BENSAUDE Hotels at any time, from time to time and / or without prior notice.
Considering that any content that may be downloaded or otherwise obtained, any results from a free decision by the User and any liability for damage to the computers or any other electronic devices or data losses resulting from download operations made by User, shall be from the sole responsibility of the User and shall not be charged to BENSAUDE Hotels. BENSAUDE Hotels assumes no responsibility for damages arising from the inability to access the services provided through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of contents, Internet-related issues, services or telephone and / or telematics connection, unauthorized access, data changes, or related to the non-existence and / or deficient functioning of the User's electronic devices.
BENSAUDE Hotels has taken appropriate technical and organisational measures to safeguard the security of the services it provides through the Website to ensure the integrity of electronic traffic data related to unauthorised use or knowledge, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of the User, appearing on the Website, or related to access – unauthorised or in breach of applicable legal provisions – to such personal data and information.
BENSAUDE Hotels does not guarantee and cannot guarantee that the Website is free from viruses or any other elements that may negatively affect its use.
4. Website Access, Interruption and Suspension
BENSAUDE Hotels makes every effort to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time regardless of the cause.
Acess to the Website may be limited from time to time to enable the retrieval, maintenance or introduction of new features or services.
The access to the Website may also be interrupted in cases of "Force Majeure" considered as any cause that disrupts the performance of the Website and that has any type of impact on the fulfilment of any obligations arising from or attributable to acts, events, omissions or accidents beyond reasonable control, and in particular, but not limited to, strikes, terrorist action, invasion, war, threat or war preparation, fire, power failure, software, hardware or telecommunication or other network failures, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any law, regulation, rule or decision of a State or a court.
In any case, BENSAUDE Hotels will use its best efforts to regain access as soon as possible. BENSAUDE Hotels reserves the right to block access to any material and / or remove any material that may, in its discretion, breach these Terms and Conditions.
5. Data Protection
6. Intellectual Property Rights
All rights are reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video clips or audio or marketing texts as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and / or other intellectual property rights (hereinafter referred to as "Material"), are the property of BENSAUDE Hotels or third parties and are protected against use, copy or unauthorised disclosure by national laws and international treaties relating to Intellectual Property Rights.
Nothing in the Terms and Conditions and / or content contained on the Website may be construed to imply, granting, accepting or otherwise using the right to use any Material in any way without the prior written consent of BENSAUDE Hotels or the third party owner of the Material or the intellectual property rights published on the Website.
The use, copying, reproduction, alteration, republishing, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, are prohibited.
As a Website User, you agree not to use the Material for any illegal purpose and to not violate the rights of BENSAUDE Hotels.
The User may, however, view and display the contents of the Website and / or the Material on the screen of a computer or other electronic device, store such content in electronic form on the disk (but not on a server or on an Internet-connected memory device) or a print of such content for your personal, non-commercial use, but you must retain all information relating to intellectual property rights.
Access to the Website does not give the User any right to the content made available by BENSAUDE Hotels.
7. Hyperlinks to Other Websites
In the event that the Website makes hyperlinks to third party websites or to content made available by third parties ("Other Websites"), BENSAUDE Hotels hereby declares that the provision of hyperlinks to such Other Websites is included solely for informational purposes only and for the convenience of the User. BENSAUDE Hotels does not control the Other Websites and therefore is not responsible for such Other Websites or for the content or products that Other Websites (including without limitation, the reference to social networks) and is not liable for any damages or losses that may arise from the use of Other Websites by the User, as well as the processing of personal data. Access to any other Website, through an existing hyperlink on the BENSAUDE Hotels Website, will be at your sole risk and responsibility.
The User should therefore pay particular attention when connecting to Other Websites through hyperlinks on the BENSAUDE Hotels Website and carefully read the respective terms and conditions and privacy policies.
8. Declarations and Warranties
The User declares and warrants that:
- has read and understood these Terms and Conditions;
- will not reproduce, duplicate, copy, sell, resell or otherwise exploit the website or its contents commercially or in any way, nor will it use or reproduce the trademarks or any intellectual property rights of the BENSAUDE Hotels Website;
- will not publish or use false, libellous or defamatory information;
- will refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or disagree with these Terms and Conditions;
- will not propagate virus, spyware, adware, rootkit, backdoor or Trojan virus or other similar computer threats;
- will not use software or other automatic or manual mechanisms to copy or access control of the Website.
In any provision is deemed null and void in these Terms and Conditions, the same shall be deemed to be non-written and all the other provisions will remain in full force.
These Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law. Any dispute arising out of or in connection with these Terms and Conditions, in the absence of an amicable settlement negotiated between the parties, shall be settled by the Lisbon Courts, with express waiver of any other.
You may contact BENSAUDE Hotels for any questions regarding the Terms and Conditions or for any questions regarding the use of the Website, via the following email address email@example.com.
The companies (i) Açores 2000 Soc. Desenvolvimento Turístico Açores, S.A.; (ii) HTA, Hotéis, Turismo e Animação dos Açores, S.A.; (iii) Proturotel, Promoção Turística e Hoteleira, S.A.; e, (iv) Bensitur, Sociedade Açoriana de Investimentos Turísticos LDA., (hereinafter referred to as “BENSAUDE Hotels”), in the execution of its activities, processes personal data, meaning any information relating to an identified or identifiable natural person (henceforth “Data subject(s)”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
In the cases where BENSAUDE Hotels determines the purposes and means of the processing of personal data within the performance of its activities it shall be considered as joint controllers, ensuring full compliance with Data Protection Legislation.
According with the aforementioned Legislation, BENSAUDE Hotels stands for the processing of personal data pursuant to all applicable principles: i) Principle of Lawfulness, Fairness and Transparency; ii) Principle of Purpose Limitation; iii) Principle of Data Minimisation; iv) Principle of Accuracy; v) Principle of Storage Limitation; vi) Principle of Integrity and Confidentiality.
In full accordance with the principles outlined above, BENSAUDE Hotels fully respects the data protection rights of Data Subjects. Hence, Data Subjects may contact BENSAUDE Hotels to obtain any information related to the processing of personal data, using the contacts provided in paragraph 8.
1. Legal Basis and Purposes for the Processing of Personal Data
The personal data of Data Subjects will be processed by BENSAUDE Hotels with the following legal basis:
||What does it consist of?
||BENSAUDE Hotels will only process your Personal Data if you consent to its processing through a free, specific, informed and unambiguous act, by which you accept, by means of a statement (in writing or orally) or an unequivocal positive act (by completing an option), that your Personal Data is subject to processing.
|Pre-contractual information’s or performance of a contract
||BENSAUDE Hotels may process your Personal Data if it is necessary, without limitation, for the execution of a service and / or product supply contract in which you are a part of the Company as a Collaborator, Customer and / or Supplier, or to perform pre-contractual agreements at your request.
|Compliance with a legal obligation
||BENSAUDE Hotels may process your Personal Data to ensure and guarantee compliance with legal obligations to which you are subject under the legislation of a Member State and / or the European Union.
|Defence of vital interests of the Data Owner
||BENSAUDE Hotels may process your Personal Data to ensure the defence of your vital interests, especially when the same processing is essential to your life.
|Defence of vital interests of the Data Owner
||BENSAUDE Hotels, other Controllers or Third Parties, may process your Personal Data provided that such processing legitimately prevails over your interests or fundamental rights and freedoms.
Taking into account the abovementioned, the collection of personal data on the basis of the grounds of lawfulness set forth will be primarily for purposes related to the development of BENSAUDE Hotels corporate purpose, for the execution of contracts and to comply with legal obligations. Hence, the non-collection of personal data will imply the impossibility of processing data for the aforesaid purposes.
2. Processing of personal data on the Website
Within the scope of the Website, BENSAUDE Hotels processes the Data Subject's personal data as follows:
| IP Adress
||Pre-contractual due diligence or contract performance, the terms of which are governed by the Terms and Conditions provided on the Website
||For 1 year after last visit to the Website
||Booking of reservations
||Pre-contractual due diligence, the terms of which are governed by the Terms and Conditions provided on the Website
3. Processing Methods
TThe processing of personal data will be executed automated and manually by computer tools, which are strictly related to the mentioned purposes and, in any case, guaranteeing the security and confidentiality of personal data.
4. Disclosure and Transmission of Personal Data
Regarding the disclosure and transmission of personal data, BENSAUDE’s Hotels employees will process personal data and, as a result, they can access to the personal data of Data Subjects. The referred employees will solely process personal data of Data Subjects for the purposes specified in this Policy and in strict compliance with current or future Data Protection Legislation.
Third parties who may process personal data on behalf of BENSAUDE Hotels may also access to personal data of Data Subjects as subcontractors, including without limitation the providers of IT services required for the operation of information systems, outsourcing service providers or cloud computing services, professionals and consultants.
Data Subjects have the right to obtain a complete and up-to-date list of the subcontractors (if any) elected by BENSAUDE Hotels and for this purpose they shall submit a specific request to BENSAUDE Hotels under the terms specified in paragraph 8 of this Policy.
5. International Transfers
BENSAUDE Hotels may transfer Your Personal Data outside the European Economic Area ("EEA") to locations that may not guarantee the same level of protection.
However, BENSAUDE Hotels only transfer Your Personal Data outside the EEA:
- When the transfer is made to a location or by a method or in circumstances that the European Commission considers to ensure adequate protection of Personal Data;
- When standard data protection clauses approved by the European Commission or a competent data protection supervisory authority have been implemented; or,
- When none of the above apply, but the law may still allow such transfer, for example, if it is necessary for the declaration, exercise or defence of a right in a judicial proceeding.
You may request detailed information on the security measures that BENSAUDE Hotels has implemented regarding Personal Data transfers outside of the EEA and, where applicable, a copy of the standard data protection clauses in force at BENSAUDE Hotels through the terms specified in Paragraph 8 of this Policy.
6. Data Subjects Rights
||What do they consist in?
|Right to information
|Right of access
|Right to rectification
||If your Data is incorrect or incomplete (for example, if your name or address is wrong), you may ask BENSAUDE Hotels to take reasonable measures to correct it.
|Right to erasure
||This right is also known as the "right to be forgotten" and, in a simple way, allows you to request to permanently erase your data, as long as there are no valid grounds for BENSAUDE Hotels to continue using them or their use is illicit. This is not a general right to erasure, since exceptions are allowed (for example, where such data are necessary for the defence of a right in a judicial proceeding).
|Right to restriction of the processing activities
||You have the right to "block" or prevent future use of your Data while BENSAUDE Hotels evaluates a request for rectification or as an alternative to deletion. Whenever the processing is limited, BENSAUDE Hotels continues to be able to store its data, but cannot use it later. BENSAUDE Hotels maintains a list of the holders who have requested the "blocking" of the future use of their data to ensure that this limitation is respected.
|Right to data portability
||You have the right to obtain and reuse certain Personal Data for your own purposes in various organizations. This right applies only to the data that you have provided to BENSAUDE Hotels and that BENSAUDE Hotels deals with your consent and those that are handled by automated means.
|Right to object
||You have the right to object to certain types of processing, for reasons related to your particular situation, at any time during which this processing is carried out, for the legitimate interest of BENSAUDE Hotels or of Third Parties. BENSAUDE Hotels may continue to process such Data if it can prove "legitimate reasons for the processing that overlap its interests, rights and freedoms" or if such Data is necessary for the establishment, exercise or defence of a right in a judicial process.
|Right to lodge a complaint
||You have the right to complain to the competent control authority, the Comissão Nacional de Proteção de Dados (CNPD), if you believe that the processing carried out on Personal Data violates your rights and / or applicable data protection laws.
You may at any time, in writing, exercise the rights enshrined in the Data Protection Legislation and other applicable legislation through the methods described in paragraph 7 of this Policy.
7. Confidentiality and Security
8. How to Contact BENSAUDE Hotels for Data Protection and Privacy Matters
Data Subjects may exercise their rights by contacting BENSAUDE Hotels through the following methods: i) Rua de Lisboa, Edifício Varela S/N, 9500-216 Ponta Delgada; ii ) sending e-mail to the following e-mail firstname.lastname@example.org.