Terms & Conditions
1. General Information
The User must carefully read these Terms and Conditions regulating the access and use of the website www.bensaudehotels.com, as well as all its subdomains (hereinafter “Website”), operated by (i) Açores 2000 - Soc. Desenvolvimento Turístico Açores, S.A. with head office at Av. Infante D. Henrique - S. Pedro 9500-764 Ponta Delgada, with share capital of EUR 3,540,000, legal person no. 512 024 162, registered at the Commercial Registry Office of Ponta Delgada under the same number; (ii) HTA, Hotels, Tourism and Animation of the Azores, S. A. with head office in Largo Vasco Bensaude, 13-Matrix, 9500-103 Ponta Delgada with the share capital of EUR 10,000,000, legal person no. 512 050 430, registered at the Commercial Registry Office of Ponta Delgada under the same number; (iii) Proturotel, Promoção Turística e Hoteleira, S. A. with head office at Rua Dr. José Bruno Tavares Carreiro - Matriz, 9500-119 Ponta Delgada, with share capital of EUR 5,664,575, legal person no. 512 003 912, registered at the Commercial Registry Office of Ponta Delgada under the same number; and, (iv) Bensitur - Sociedade Açoriana de Investimentos Turísticos LDA. with head office at Largo Vasco Bensaude, 13 - Head Office 9500-103 Ponta Delgada, with a share capital of EUR 874,340, legal person no. 512 012 210, registered at the Commercial Registry Office of Ponta Delgada under the same number (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.
Access 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 (“ 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:
A) has read and understood these Terms and Conditions;
B) 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;
C) will not publish or use false, libellous or defamatory information;
D) 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;
E) will not propagate virus, spyware, adware, rootkit, backdoor or Trojan virus or other similar computer threats;
F) 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 firstname.lastname@example.org.