Terms and conditions of use
Terms and conditions of use

TERMS AND CONDITIONS OF USE

 

Please read this document carefully. By accessing this website, you confirm that you have read, understood and accepted the information below. If you do not agree to these Terms, which complement the Privacy Policy of the Site, you must immediately stop using the services and cancel your registration.

 

This Agreement (hereinafter referred to as “Terms of Use”, “Terms” or “Agreement”) is entered into between GXS Empreendimentos Turisticos Ltda. (hereinafter referred to as “PONTA DOS GANCHOS EXCLUSIVE RESORT” or “Hotel”), a Brazilian limited company enrolled at CNPJ (Corporate Taxpayer’s Registration) under No. 02.880.567/0001-25, headquartered at Rua Elpido Alves do Nascimento, No. 104, Governador Celso Ramos/SC, Brasil, 88190-000, responsible for the website www.pontadosganchos.com.br and, on the other hand, the website users (hereinafter “USERS” or “GUESTS”), whose identification and qualification will be provided by them via reservation or by signing in to the website.

 

These Terms are valid and enforceable for any access or use of the website, inside or outside Brazil, and regulates the services offered by PONTA DOS GANCHOS EXCLUSIVE RESORT, that is, the relationship between the parties derived from the hotel services and related products offered by the Hotel, including the use of tools, data, trademark licenses, name, voice, image, photographs, promotional material, marketing, offers, events, activities, promotions, discounts, among other services and products available to the user, without prejudice to the existence of other specific terms, regulations and conditions of use (“Additional Terms”).

 

  1. FURTHER MODIFICATIONS OF THESE TERMS:

 

The Hotel reserves the right to, without previous notice to users, alter, modify or adjust the terms of this Agreement or create further “Additional Terms” from time to time, by posting an updated version on the website. Any modification that restrict the users rights or the treatment of their personal data and sensitive personal information will be communicated in details. We encourage you to review these Terms periodically for any changes or updates, which will become part of this Agreement and in force as from the moment when they access, use, send or obtain content, products, promotions, information, services or offers from the Hotel. In case there is a conflict, the additional provisions or latest modifications will prevail with regards to the conflicting matter. If you do not agree, you must stop using our services, quit our website and cancel your registration with PONTA DOS GANCHOS EXCLUSIVE RESORT.

 

  1. COMMUNICATIONS:

 

The users consent to receive promotional notifications and information from PONTA DOS GANCHOS EXCLUSIVE RESORT by e-mails, text messages (“SMS”), publications on the website, or any other means, with content related to the services and products offered by the Hotel. In case you want to withdraw this consent, please click on the link attached to the communication received.

 

  1. USE OF THE WEBSITE:

 

The services of this website are only available to individuals with full civil capacity, legal minimum age under local law and/or emancipated, who agrees that the use of this website is regulated by these Terms.

 

By using this website, you declare that you have the legal minimum age to enter into agreements with legal consequences, binding rules and that you are civil and criminally liable for them. User also declares that he/she is legally and fully authorized to make reservations for the Hotel and/or purchases of products and services for themselves and for others they represent.

 

Reservations to the Hotel and purchases of services or products made available by PONTA DOS GANCHOS EXCLUSIVE RESORT must be legitimate, with the forbiddance of false or fraudulent information or reservations. The website must be accessed for personal purposes, thus being prohibited the use for commercial purposes and sending “spam” communications. User declares that he/she will not use any robot software or equivalent technology automation when browsing the website or accessing our services.

 

The reservations and registration of the users personal information must be made by themselves or by their representatives with proper power of representation to act on their behalf, as well as being responsible for the content posted and registration information, that must be lawful, true, correct and always updated.

 

The Hotel will not, in any case, be held responsible for any error, omission, falsehood, inaccuracy in the information provided by the user.

 

  1. WEBSITE SERVICES AND FUNCTIONING:

 

The Hotel will not be deemed responsible for any error in the communication, interruption, malfunction or access difficulties; loss, theft or misunderstanding in messages sent or security problems in communications. The Hotel and any other related service provider may cancel or modify reservations made through the website if there is suspicion of error, fraud or illegitimate activity, without incurring liability for such act.

 

You agree that the Hotel and third party service providers or products related to this website are not liable for any loss or damages caused to your Internet access device by the use of bank, confidential, personal or other personally identifiable information related to or resulting from this website, or any other websites associated or directed by this site.

 

In order for the Hotel to offer the services related to this site, including the reservations or requests made herein, we may use services provided by third parties. The users of the website agree that the Hotel will not be responsible for acts, errors, omissions, contractual breaches, delays, defects, negligence or recklessness committed by these contracted third parties, nor will it be liable for damages, losses, death or any other harmful consequence.

 

  1. GUESTS LIABILITIES:

 

The guests agree and accept full responsibility for the use of the property, grounds, facilities, dependencies and adjacencies owned by the Hotel, including the products offered by it, and agrees to all terms and conditions of purchase.

 

Additionally, the guests agree to be fully responsible for any and all charges, fees and amounts, as well as possible fines for the misuse of the services related to her/his reservation and the services offered by the Hotel. Eventual failure to obey the rules may lead to the cancellation of the reservation, prohibition of access to the Hotel and its services and/or the payment of a fine that may be charged directly to the guest’s credit card.

 

  1. PRIVACY AND THE USE OF PERSONAL IDENTIFIABLE AND IDENTIFIED INFORMATION FROM THE USERS:

 

THE HOTEL HAS SPECIFIC PRIVACY POLICIES FOR THE USE OF PERSONAL DATA AND SENSITIVE PERSONAL INFORMATION AVAILABLE AT (http://www.pontadosganchos.com.br/en/privacy-policy/). REGISTRATION INFORMATION AND USER DATA ARE SUBJECT TO THOSE POLICIES, WHICH USERS DECLARE TO HAVE READ, UNDERSTOOD AND AGREED UPON. THE PRIVACY POLICIES REGULATE THE USE AND DELIVERY OF SERVICES CONCERNING THE COLLECTION, TREATMENT AND PROCESSING OF USERS DATA, INCLUDING THE TRANSFER OF THOSE INFORMATION FOR STORAGE, PROCESSING AND USE FOR THE PURPOSES RELATED TO THE SERVICES OFFERED BY PONTA DOS GANCHOS EXCLUSIVE RESORT, ITS BUSINESS PARTNERS AND OTHER RELATED ESTABLISHMENTS, FOR THE SPECIFIC PROVISIONS OF THAT PRIVACY POLICY, WHICH CONSTITUTES PART AND COMPLEMENTS THESE TERMS.

 

  1. INTELLECTUAL PROPERTY:

 

The marks, trademarks, trade names, names, symbols, domain names, intellectual property in general and other distinctive signs, as well as any content, design, art, visual identity, layout published on the website are exclusively owned by the Hotel, therefore being forbidden the use of such intellectual property rights or creations without prior authorization, as well as being prohibited partial or full reproduction thereof. In case of any violation to those rights, the Hotel will make use of all judicial measures available, including compensation for damages and legal fees to PONTA DOS GANCHOS EXCLUSIVE RESORT and any third party that may suffer damages for said acts.

 

  1. FINAL PROVISIONS:

 

Should any provision of these Terms become invalid, ineffective, null or void, the remaining provisions shall remain in effect for all purposes.

 

The acceptance of different conditions or waivers from the conditions herein, including but not limited to breaches of the contract or non-compliance with the provisions, shall be interpreted as an act of mere liberality and shall not imply in novation or waiver to these rights or permissions.

 

The provisions of these Terms are governed by the Brazilian law. The State Court of Santa Catarina, in Brazil, is the competent jurisdiction for settling any disputes that may arise out of this contractual relationship.