CONDITIONS OF USE OF THE WEBSITE

Web portal or Website: www.takarabrokerage.com

Owner: SB HOTELS SPAIN, S.L. (Company).

1.‐ Preliminary considerations.

These legal terms regulate the legally permitted use of this WEBSITE, for which the COMPANY is legally responsible. These conditions of use regulate the access and use of the WEBSITE which the owner freely provides to Internet users. Access to the site implies acceptance of the conditions without reservations. Requesting information or contacting the company constitutes full acceptance of the present conditions.

The COMPANY reserves the right to carry out, at any moment and without need for previous notification, modifications and updates of the information contained in the WEBSITE, the configuration and presentation of said site. Therefore the User should access the updated versions of the page.

In the case of any incoherence or discrepancy between the Spanish version of these Conditions of Use and/or General Conditions and the versions translated into other languages, the Spanish version shall prevail.

2.‐ Conditions for access and use of the website.

Access to all or part of the WEB PORTAL and services attributes the status of User and constitutes full acceptance, without reservation, of the Conditions of Use stipulated in this document. Users are also subject to all General and/or Particular Conditions, warnings or instruction regulations that are made known to them, in relation to specific contents or services, which take into account what is stated in these Conditions of Use provided they do not contradict them.

As a general rule, the User agrees to use the services and contents available on the web portal in accordance with current legislation, good faith, generally accepted uses and public policy. Furthermore, the User agrees to the proper use of the services and/or contents of the WEB PORTAL, and not to use them for illegal or criminal purposes and/or those which infringe upon the regulation concerning intellectual or industrial property, or any other regulation set forth by the applicable legal system.

In particular, the user cannot access the WEB PORTAL in such a manner that causes damage, deterioration or renders unusable or overloads the services and/or information offered, they cannot interfere with the use of said services and/or information by third parties, they cannot try to access sites, services, information technology systems or connected networks without required authorisation by hacking or any other unauthorized means.

The duration of the service provided by the WEB PORTAL and the services is indefinite. Notwithstanding the foregoing, the COMPANY reserves the right to temporarily interrupt access to the PORTAL or to any of the services without prior warning, on a temporary and discretionary basis.

3.‐ Intellectual and industrial property.

All of the contents as well as names, logos, trademarks and databases accessible through the WEB PORTAL pages are subject to the company’s intellectual and industrial property rights, or those of third parties assigned these rights. Under no circumstances does access to the WEB PORTAL pages imply waiver, transfer, total or partial assignment of said rights, nor does it in any way give the right to use, alter, exploit, reproduce, distribute or publicly broadcast the contents or goods of industrial property without previous and explicit authorization specifically provided, and to this end, by the COMPANY or the third party owner of the rights, except the rights to view or make copies for personal and exclusive use of the User, which must always be carried out in accordance with the principles of good faith and the applicable legislation. The User is entirely responsible for the use of material that appears and is protected by Intellectual Property rights and the liability associated with its use.

The infringement of trademark rights, property of the owner company of this website, will involve the civil and, in turn, criminal prosecution in the light of existing laws and international treaties.

4.- Use of cookies and browsing

The WEB PORTAL installs a temporary session cookie in the User’s computer when visiting any of its pages. “Cookies” are non-executable text files designed to identify the User when he or she visits a website they have visited previously, they cannot be read by another website nor do they incorporate personal or financial data.

The COMPANY uses these files for the sole purpose of making browsing through the WEB PORTAL easier, for the reservations system and to obtain statistic data regarding said system.

You can refuse the use of cookies by configuring your browser appropriately. You should consult your browser’s instructions and manuals for more extensive information. It is important to bear in mind, however, that if you do block the use of cookies, you may only enjoy restricted use of the WEB PORTAL.

If you do not explicitly refuse the use of cookies, it will be assumed that you accept it.

5.‐ Warranty disclaimer and limitation of liability.

5.1. Regarding the working order of the portal.

The COMPANY does not guarantee the availability and continuity of the WEB PORTAL, its contents and services; if reasonably possible, the COMPANY shall provide prior notice of any interruption in the working order of said portal. The COMPANY is not responsible for damages of any kind that may result from a lack of availability or continuity of the WEB PORTAL or any of its services, or errors in access to the WEB PORTAL’s different pages or those which provide certain services.

5.2. Regarding graphic information.

All graphic information included on this website regarding various promotions of the SERVICES is merely indicative and subject to change due to the technical progress of projects and their implementation. Under no circumstances is this information a legally binding document.

5.3. Regarding content, information or opinions.

The COMPANY will seek to maintain the accuracy and veracity of the information contained in the WEB PORTAL. The COMPANY will not be held responsible for any errors or omissions that may arise, and furthermore, has the right to change or modify the information published in the WEB PORTAL such as prices, descriptions, exceptions or photographs at any time.

The COMPANY is not responsible under any circumstances, either directly or indirectly, for any content, information, communication, opinion or statement of any kind that originates from the User or any person or entity and which is communicated, distributed transmitted or displayed through the WEB PORTAL.

5.4. Regarding links and services hosted outside of the web portal.

The WEB PORTAL offers users technical links, be they links, directories or search tools, which allow access to web pages or sites that are operated by third parties. The COMPANY has no ownership over them, and does not market or offer the contents or services that they contain and, therefore, assumes no direct or subsidiary liability for these web pages or sites.

6.‐ Privacy policy and protection of data.

In compliance with the provisions of the Organic Law 15/1999 of December 13th on the Protection of Personal Data (LOPD), and implementing regulations, the COMPANY warns Users of its data protection policy so they may freely and voluntarily decide if they wish to provide personal data that may be required when signing up for any of the services offered. Except in fields where otherwise notified, responses to questions about personal data are voluntary.

The COMPANY informs that data that the User may provide through forms or other mechanisms will become files owned by the COMPANY duly legalized and legitimised by the Spanish Data Protection Agency. The purpose of the file is the proper provision of the services requested, the Data Controller being authorised to provide occasional information regarding products, services, news and other information of interest via any means of communication provided by the user. The user may revoke consent to receive commercial communications via notification to the email address lopd@takarabrokerage.com stating in the subject line “Unsubscribe Newsletter”.

The COMPANY is committed to fulfilling its obligation of secrecy of personal data and its duty to treat them with due confidentiality and assume, for this purpose, the technical and organisational measures and security measures necessary to prevent modification, loss or unauthorised access, in compliance with that which is stipulated in Title VIII 1720/2007 of Royal decree of December 21st, approving the regulations for implementing the LOPD.

The User is liable, in any case, for the truthfulness of the data provided, and the COMPANY reserves the right to deny access to registered services to any User who provides false data, notwithstanding other actions stipulated by Law.

The COMPANY will not communicate nor give User’s personal data to third parties without obtaining express consent on their behalf, unless required by law and treatment is aimed at satisfying a legitimate interest of the Data Controller.

Furthermore, we inform you that you may exercise your rights of access, rectification, cancellation and opposition in legal terms through one of the following procedures:

– By writing to the COMPANY at Europa 9-11, planta 24, 08908 Hospitalet de Llobregat (L’), Barcelona, specifying the right to exercise and providing a copy of the ID card or other certifying documentation.

– By email to lopd@takarabrokerage.com, specifying the right to exercise and attaching a copy of the ID card or other certifying documentation belonging to the applicant.

Withdrawal of consent to the processing of data and non-acceptance of this Data Protection Policy implies the inability to receive proper attention from the COMPANY related to inquiries, requests for information, reservations, questions, suggestions or any kind of communication or contracted service that the User could have carried out.

7.- Security

The COMPANY has adopted all legally required security measures for the protection of legal data supplied by the User. However, the COMPANY cannot guarantee the absolute invulnerability of its security systems, nor can it guarantee the safety or inviolability of data sent through the network. The User should be aware that Internet security measures are not impenetrable.

The COMPANY has hired servers which host the files and databases in Spanish territory and through authorised service providers. All of the information that is exchanged between the User’s computer and the computer systems of the authorised third party is subject to an encryption process that prevents unauthorised third parties from accessing information or intercepting communications between them by using SSL encryption, which is standard within the industry.

The User will be held responsible for all acts carried out with his or her personal identifier.

8.‐ Applicable law, legal framework and jurisdiction

These Conditions of Use are governed by Spanish law.

In particular, Law 34/2002, of 11th of July, of Information Society Services and E-Commerce (LSSICE) establishes the legal framework and regulations which guarantee providers and Users of the service the trust and security necessary for using electronic means.

For any dispute that may arise from the application of the services or interpretation or application of these General and/or Particular Conditions, the COMPANY and the User, with express resignation of their own jurisdiction, will submit themselves to the Courts of the city of Barcelona, unless the Law expressly demands another.