Terms of Use and Privacy Notice

 

Welcome to the Hotel high-speed internet access and internet video viewing services (the "Service"). The Service is made available to the user by Pestana Hotel Group, herein represented by Pestana Management - Serviços de Gestão S.A., with registered office at Rua Jau, no. 54, 1300 - 314 Lisbon, Portugal, with taxpayer number 511230397 ("Pestana Hotel Group"), and by the company that operates the hotel unit where you are staying (collectively the "Companies"). The Customer should note that access to the Service depends on an external entity with which the Pestana Hotel Group has a contract, the provider of electronic communications services ("Supplier"). As a condition of access to this Service, you must accept the following Terms of Use and read the privacy information ("Terms of Use"). If you do not agree to the Terms of Use, you should not access or use the Service

If you wish to consult the information on the privacy and protection of your personal data, please go to Point 6.

 

1. Access Limitations

We may remove, block, filter or otherwise restrict any material that, in the sole discretion of the Companies, may be deemed unlawful, subject the Companies to liability or violate these Terms of Use.

The Companies may also apply block, filter or otherwise restrict access to categories of websites, applications or other materials that are associated with activities that are unlawful, dangerous or which contravene good customs or generally accepted social conventions. Categories of traffic that may cause a degradation of the Service for other users, such as peer-to-peer traffic, may also be blocked, filtered or restricted.

Companies may cooperate with competent authorities when legally required to do so. Violation of these Terms of Use may result in suspension or termination of access to the Service.

 

2. Security

The user acknowledges that the Service only integrates access to the Hotel's high-speed internet and internet video viewing, and it is his responsibility to ensure browsing security. Accordingly, the user understands and agrees that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information over the internet whether the internet connection is facilitated by wired or wireless technology. These security issues range from interception of transmissions, loss of data to the introduction of viruses or other programs that may cause damage to your computer or network. The Companies suggest that users, in addition to other security measures that may be relevant, should always keep their operating system updated and not surf the internet without having antivirus software and an active firewall.

The Companies may, at any time and without prior notice to the user, take any action necessary to ensure the integrity, security, continuity or quality of the Service, including removal of content, access restrictions or limitations.

The Companies assume no responsibility and the user agrees that they shall not be liable for any interruptions to transmissions, loss of data, file corruption, hacking or damage to the user's equipment or network that results from your use of the Service.

 

3. Obligations of the user

Users are solely responsible for their use of the Service and the content they access through the Service.

In particular, the user agrees to:

1. Read fully and understand these Terms of Use;
2. Not infringe these Terms of Use;
3. Not transmit any material that is unlawful, threatening, abusive, offensive, fraudulent, defamatory, obscene, libelous, invasive of another's privacy, racist, xenophobic or otherwise objectionable;
4. Recognise and respect the rights of others, including other users and the Companies;
5. Not use a false identity or conceal your identity where to do so would violate the law;
6. No transmit any material for which the user lacks the necessary rights to make available under the law;
7. Not transmit (by way of download or upload) any material that infringes any intellectual property right;
8. Not transmit any unsolicited or unauthorized advertising, promotional materials, "junk e-mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
9. Not design or use any technological tools or measures, either through computer programming or the use of pre-existing software, such as viruses, spyware, malware, rookies, trojans or ransomware intended or able to interrupt, destroy, limit the functionality or exploit any computer vulnerability of the Service, any computer equipment or system or communications equipment;
10. Use the Services responsibly, namely avoiding the transmission of an excessively high volume of information that may cause the degradation of the Service;
11. Immediately report the existence of any defect, bug or anomaly detected in the Service, to the Companies and not seek access to commercial information, personal data of other users, change the features of the Service or, in any other way, exploit the defect, bug or anomaly to pursue illegal activities or violation of rights of others.

 

4. Disclaimer of Warranties

The Companies make no warranty that the Service will not be interrupted, that it will be provided in a secure, error-free manner, that software defects will be corrected or that its systems are free of viruses or other harmful components.

The Companies cannot guarantee the proper functioning of any aspect of the Service that depends on the Supplier.

The Companies make no warranties with respect to the goods and services or delivery of any goods or services purchased or obtained through the Service or with respect to any transactions completed through the Service. No advice or information, whether oral or written, obtained by you through the Service shall bind the Companies, except where such advice or information is provided by the Companies themselves.

 

5. Limitation of Liability

To the maximum extent permitted by applicable law, the Companies cannot be held liable for any damages, whether direct, indirect, pecuniary, moral or of any other nature, arising from the use of the Service by the user, the lack of availability of the Service or changes to the Service or its conditions of availability.

Without prejudice to the paragraph above, the liability of the Companies, whether in their own capacity, or for acts of their representatives or assistants, for breach of these Terms of Use will always depend on the existence of intent or gross negligence.

The user shall be solely responsible for his/her use of the Service, including for any threat or any defamatory, obscene, offensive behaviour, any illegal conduct on the user's part or on the part of any party or any infringement of third party rights (including intellectual property rights) arising out of or in connection with the service. The user shall indemnify the Companies for any damages, losses, costs, losses or expenses resulting to the Companies from the user's use of the Service in violation of the law or these Terms of Use. The user shall also defend the Companies in any legal proceedings arising out of his/her use of the Service in violation of the law or these Terms of Use.

If you are dissatisfied with the Service or the materials available on or through the Service, or do not agree with the provisions of these Terms of Use, you should stop using the Service.

 

6. Privacy

All personal data will be processed lawfully, fairly, transparently and in accordance with your rights and confidentiality, as described in our privacy policy available at: https://www.pestana.com/uk/contents/privacy-policy.

By providing the Wi-Fi Service, the Pestana Hotel Group will receive information which may identify the user or device used and which will enable automatic connection in the future, such as the MAC address, IP address and unique identifiers of the device, such as a name or number assigned to such device. The Pestana Hotel Group may also receive the real-time location of the device while it is being used to access the Wi-Fi Service.

The user's personal data will be processed by Pestana Management - Serviços de Gestão S.A., as data controller, in order to allow access to the Wi-Fi service, ensuring your compliance with the Terms of Service of the Pestana Hotel Group Wi-Fi service, cooperating with the legal authorities and also protecting our rights, assets and interests, as well as those of third parties.

You are not required to agree to these Terms of Use, but your refusal to do so may prevent access to the Wi-Fi Service.

You may exercise your rights of access, rectification, erasure, to object, restriction of processing and portability by sending an email to: dpo@pestana.com. Without prejudice to any other administrative or judicial remedy, you may also lodge a complaint with a competent Data Protection Supervisory Authority (in Portugal, the Portuguese Data Protection Commission).

The Service does not correlate the user of the Service with the websites visited or the content viewed. A log of all activity using the Service is kept for system performance and maintenance purposes and for system security requirements. The Companies will only disclose information about use without your permission when required by law or when good faith action is necessary to investigate or protect against harmful activity, other guests, visitors, associates, property (including this Service), or others.

Any data collected will be kept for the period necessary to ensure your access to the Wi-Fi Service. Data may be available to hotel staff and third party support staff for the purpose of technical support and guest assistance as well as to comply with applicable legal obligations, law enforcement, public authorities or judicial authorities in the case of possible breaches. Please also note that the Supplier may be bound by certain independent retention obligations that derive from national data retention legislation.

 

7. Availability

Free Wi-Fi access is only available, for all guests, only in some locations / brands defined, at their free discretion, by the Companies.

 

8. Contacts and Complaints

You may contact the Companies through the reception of the hotel unit where you are staying.

 

9. Jurisdiction

Without prejudice to the mandatory legal rules that may be applicable, these Terms of Use shall be governed and interpreted in accordance with Portuguese Law. The user recognises and accepts the jurisdiction of the Judicial Court of the District of Lisbon, with express waiver of any other, for any action arising from and/or related to the Terms of Use and/or the use of the Service.

 

10. General Provisions

If any provision of the Terms of Use is found to be void, voidable, unenforceable, ineffective or unenforceable or is otherwise invalid by any competent authority, including a court of competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

 

In the event of a declaration of invalidity pursuant to the above paragraph, the Terms of Use shall, to the fullest extent permitted by law, be interpreted so as to be as similar in effect as possible to that which was originally intended (even with the invalid provision).

 

11. Amendments to the Terms of Use

If there are reasonable grounds, the Companies may change these Terms of Use at any time and without prior notice to you. You should consult these Terms of Use frequently and check compliance with them when using the Service, confirming the date of the latest version at the end of this document. Changes will not be applied retroactively. The user hereby accepts that legal, technical or commercial reasons affecting the Companies shall be considered as reasonable grounds to change these Terms of Use. Changes relating to new features of a service or changes made for legal reasons shall become effective immediately. If you do not accept the modified Terms of Use of the Service, you should stop using it.