Terms and
Conditions
Welcome to the hoteldamusica.com website (this “Website”). Hotel da Musica makes this Website available under the following terms of use (these “Terms”). These Terms explain the contract entered into between You (“You”, “Your”) and Hotel da Musica (“We”, “Us”, “Our”) in relation to Your use of this Website. The User should keep a printed copy of these Terms. However, please note that these Terms may be updated or amended from time to time.
What you should know
The purpose of this Website is to provide Users with access to information about the facilities, services and products of our hotel chain and associated links, with a view to satisfying their needs (the “”Content””). The Terms are intended to protect all visitors to this Website and by accessing and using this Website, the User is agreeing to these Terms. Do not use this Website if you do not agree to these Terms. We reserve the right, at Our sole discretion, to modify, alter or update these Terms in any way at any time. Such modifications, alterations and updates will take effect immediately after they are published. You agree to be bound by the modified, altered or updated Terms if you access or use this Website after a notice of such modifications, alterations or updates has been published.
In order for Us to fulfil Our objectives, this Website will allow the User to link to many other Websites which may or may not be associated with this Website and/or Our company. The linked websites have other terms of use, which are different from these Terms. Your access to and use of the hyperlinked websites provided on this Website is governed by the privacy policies and terms of use of the websites in question and not this Website.
Privacy
Registration data and certain other information about the User is subject to our Privacy Policy. For more information, please read our Privacy Policy.
Use of this website
We control and operate this Website. All Content on this Website, including, but not limited to, text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks and/or other intellectual property rights (which are governed by copyright laws and U.S. and international treaty provisions, the laws of privacy and publicity, communications regulations and statutes). The Content is owned and controlled by Us and Our affiliates or other content providers, companies, sponsors and licensors (collectively, the “”Providers””), who provide Us, under licence, with the content or the right to advertise their products and/or services. The Content of this Website or any other website owned, operated, licensed or controlled by the Providers is intended solely for personal, non-commercial use. The User agrees to respect all other copyright notices, information or restrictions that form part of any Content. The User may download a single copy of any Content contained on this Website, exclusively for personal, non-commercial use, in accordance with these Terms, provided that they maintain all copyright notices, among others, that form part of the content.
You may not copy, reproduce, republish, upload, post, transmit, distribute and/or exploit the Content in any way (including by email or other electronic means) for commercial purposes without the prior written consent of Us and the Suppliers. Consent may be requested by sending a fax to the Wyndham Worldwide Legal Department at 973-753-6620. Modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content by You for any purpose other than personal, non-commercial use without the prior written consent of Us or the Providers violates the intellectual property rights and proprietary rights of the owners of the Content and is prohibited.
The User may not use on Your Website any registered or unregistered trade marks, service marks or copyrighted materials appearing on this Website, including but not limited to logos and characters, without the express written consent of the owner of the trade mark or copyrighted content. The User may not frame, create direct links to, or otherwise incorporate into another Web page any part of the Content or other materials on this Web Page without Our express written consent.
Violation of trademark and copyright laws may result in civil liability or criminal penalties under United States and/or international copyright and trademark laws. The User acknowledges that any reproduction or use of the Content, except as authorised in these Terms, is considered an infringement.
User responsibilities
You warrant and represent that You will not use this Website for any activity that is unlawful or prohibited under these Terms, including, but not limited to, the publication or transmission of threatening, libellous, defamatory, obscene, scandalous, provocative, pornographic or profane material. If any of these Terms are breached, Your permission to use this Website will cease immediately without further notice. We reserve the right to deny access to anyone at Our sole discretion for any reason, including for breach of these Terms.
You are solely responsible for Your Information, which is distributed and published online by Us as a passive channel. In this document, “”Information”” refers to all information or data that You submit to this Website and all information or data that is generated by this Website as a result of Your use of it.
In the event that you are provided with User identification numbers or codes (collectively, “”ID””), confirmation numbers and/or passwords (as applicable) in the course of using this Website, you shall maintain the confidentiality of such User ID, confirmation numbers and/or passwords and agree not to distribute or disclose such information to any third party. It is the User’s responsibility to notify us if it is necessary to change or discontinue any User ID, confirmation number or password. It is also Your responsibility to request the immediate discontinuation of an ID, confirmation number or password the moment You learn or suspect that the confidentiality of such ID, confirmation number or password has been breached or is at risk of being breached. We may suspend or terminate Your service or access to this Website if we believe that these Terms have been violated.
The User agrees to provide true, accurate, current and complete Information. If any of the Information provided is false, inaccurate, outdated or incomplete (or if we have solid evidence to suspect that such Information is false, inaccurate, outdated or incomplete), we have the right to suspend or terminate the User’s access and activity and to refuse any and all current or future use of this Website.
Prohibited activities
The User is informed that the use of this Website is strictly prohibited and agrees not to use or allow others to use this Website in the following cases: (a) carrying out any action that imposes an unreasonable or disproportionate traffic load on the infrastructure of the Website, including, but not limited to, “”spam”” or other techniques for sending unsolicited bulk e-mail messages; (b) disclosing or sharing with unauthorised third parties the confirmation numbers or passwords assigned to You or using such information for unauthorised purposes; (c) attempting to decipher, decompile, disassemble or reverse engineer any part of the software or HTML code embedded in or forming a part of this Website; (d) uploading, posting, emailing or otherwise transmitting any Information, Content or proprietary rights that You do not have the right to transmit under any law or contractual or fiduciary relationship; (e) violating any applicable local, state, national or international law, including, but not limited to, all legally valid regulations; and (f) the use of robots, spiders, intelligent agents or other automatic devices or manual processes to search, monitor or copy Our Web Pages or their Content without Our prior written consent, although third party general purpose search engines such as Netscape Navigator or Microsoft Internet Explorer may be used without such permission.
Information published on the website
In relation to all the Information that you decide to publish in the publicly accessible areas of the Website, you accept that we have the right to use, reproduce, modify, publish, represent and display it (in whole or in part) throughout the world; provided that such use is subject to the terms of Our Privacy Policy.
You acknowledge and agree that We may retain the Information and disclose it if required to do so by law or if We believe in good faith that retaining or disclosing the Information is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any part of the Information violates the rights of third parties; or (d) protect the rights, property or personal safety of Us, Our employees, Suppliers, affiliates, users and/or the public.
Links to third party websites
This Website contains hyperlinks to third-party websites that are not under Our control or operated by Us (the “”Link Pages””). By clicking on the links, the User leaves this Website and assumes responsibility for such access. The User recognises that We provide the Link Pages for Your convenience and information only. We do not endorse and are not responsible for any content, information or other related materials found on the Link Pages or any hyperlinks therein, whether or not we are affiliated with the companies on those Link Pages. The User may not establish a link to this Website or provide hyperlinks that state or imply sponsorship or promotion of Your Website by Us or the Suppliers.
Relationship with advertisers
The exchange of correspondence, the realisation of business or the participation of the User in promotions of advertisers found on or promoted through this Website, including the payment and supply of related goods or services and any other terms, conditions, guarantees or declarations associated with such business are carried out exclusively between the User and the advertisers. The User agrees that We (and the Suppliers) are not liable for any loss or damage incurred due to such dealings or due to the presence of such advertisers on this Website.
Disclaimer of warranties
The entire content of this website is provided “”as is”” and without warranty of any kind, either express or implied. Except for warranties which, under U.S. law applicable to these terms, are implied by law and therefore cannot be excluded, restricted or modified, we disclaim any and all warranties, express or implied, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose.
Neither we, nor our affiliates or related entities, nor suppliers, nor anyone else involved in the creation, production and distribution of this website warrants that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the server through which the content is made available will be free of viruses or other harmful components. The content you access on this website is provided solely for your convenience and information. We make no warranties or representations as to the results that may be obtained from using this website or as to the reliability, accuracy or up-to-dateness of the content, services and/or advertising materials acquired through the use of this website.
We are a distributor, not a publisher. We have the same editorial control over this information and content as a public library or newsagent. All opinions, advice, statements, services, offers or other information expressed or made available by third parties (including hyperlinked pages) belong to the respective authors or distributors of that content.
You use this website at your own risk and assume (and not us) all costs necessary for the maintenance (including, without limitation, the internet connection) and repair or correction of your system.
Limitation of liability
In no event shall liability for indirect, consequential, incidental, special, punitive or exemplary damages, whether arising in contract, warranty or tort (including negligence) or under any other theory of liability be attributed to us or our affiliates or related entities (including suppliers) or any of our respective employees, directors, employees or agents, or to any entity involved in creating, producing or distributing this website, regardless of whether we knew or should have known of the possibility of such damages occurring, including, but not limited to, the use or attempted use of this website or any linked page.
Our liability and the liability of our suppliers to you or any third party is limited in all circumstances to the lesser of (a) the amount of fees you paid in the 12 months prior to the action giving rise to liability, or (b) $500. Some states do not allow limitation of liability, so the above limitation may not apply in your case.
By way of example, we and associated persons and entities shall not be held liable for any claims or damages resulting from: failure of performance, error, omission, interruption, deletion, defect, delay in operations, computer virus, theft, destruction, unauthorised access to, or alteration of personal records, or from reliance on or use of the content, information, opinions and other materials appearing on this website. Furthermore, the user also expressly recognises and accepts that we are not responsible for any defamatory, offensive or illegal conduct of other users or third parties.
The limitation of liability reflects the division of risk between the parties. The limitations specified in this Section 10 will continue to be valid and will apply even if any remedy specified in these Terms fails of its basic purpose. The limitations of liability provided in these Terms cover Us and the Providers and their respective employees, directors, officers, representatives, attorneys and agents.
Venue and jurisdiction
a) We operate this Website (with the exception of the Hyperlinked Pages) from Our offices in Lisbon. The Site can be accessed from all countries around the world. As each of these locations may have different laws to those practised in Portugal, by accessing this Website, the User accepts that these terms and the use they make of this Website are governed in all respects by the internal substantive law of the Portuguese State, without conflicts between legal provisions and without the regulation of the United Nations Convention on the International Sale of Goods. Furthermore, the User submits to the exclusive jurisdiction and venue of the state and federal courts located in the State of Portugal for the resolution of all disputes, cases and controversies relating to this Website, the use made of it and Your relationship with Us. We make no representation that materials on this Website are appropriate or available for use in other locations and may be accessed from territories where the Content is illegal or prohibited. Those who choose to access this Website from another location do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside.
b) The consumer can turn to one of the Alternative Dispute Resolution organisations whose name, contact details and website address appear on the list of organisations deposited with the Consumer Directorate. For more information see the Consumer Portal: www.consumidor.pt.
Indeminisation
We reserve the right to report any unlawful act, if and when we detect it, to the responsible government agencies. You agree to indemnify, defend and hold Us and the Providers and their respective officers, directors, employees, affiliates, agents, licensors and suppliers harmless from any claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) arising out of Your use of this Website, Your breach of any provision in these Terms and/or Your negligent acts, omissions or intentional torts. Such indemnification shall be conditioned upon Us: (a) notifying You in writing of the existence of any claim, demand, action, cost, liability, loss or threat of any of the foregoing; (b) cooperating with You in the defence or settlement thereof; and (c) permitting You to have control of such defence or settlement. We shall be entitled to participate in such defence, provided that We bear Our own costs and expenses.
Message boards
If we make message boards or discussion forums available on this Website (the “”Forums””), you agree to use them only in a non-commercial manner. You may not distribute or publish in any form any material containing solicitation of funds, advertisements or written requests for goods or services without our express written consent. The User agrees that all submitted materials may be republished without having to compensate the User or any other person or entity. Furthermore, the User guarantees that they have waived all moral rights to the submitted materials. Although We do not and cannot review all messages posted by You and all other Users on the Forums and although We do not respond to such messages, We reserve the right (but not the obligation) to delete, move or edit messages that We, in Our sole discretion, deem to be abusive, defamatory, obscene, in violation of copyright and trademark laws or otherwise unacceptable. We do not endorse any of the Information published on this Website.
The User agrees that he/she must evaluate and bear all risks associated with the use of any message, Information or Content, including the decision to rely on the accuracy, completeness or usefulness of such messages, Information or Content. In this respect, the User recognises that he/she may not rely on content created by Us or information submitted to Us by third parties, including, but not limited to, information in the Forums and all other parts of this Website.
Other general provisions
These Terms are for the benefit of Us and Our Suppliers and their respective employees, directors, officers, affiliates, agents, licensors and suppliers. Each of these individuals or entities shall have the right, in their name (or on their behalf), to claim and enforce compliance with these Terms directly from You. Our failure to act with respect to a breach by You or others does not constitute a waiver of Our rights to act with respect to subsequent or similar breaches.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be deleted and the remaining provisions will be enforced. The headings are for reference only.
We do business with you on an equal footing, with the aim of creating a commercial relationship. We are not agents or fiduciaries of the User. All the hotels and facilities in our hotel chains are independent properties, operated by independent franchisees and licence holders. They manage and operate the premises and employ all the staff and subcontractors who work on the premises. Franchisees are independent contractors and these Terms are not intended to and do not create any agency, partnership, joint venture or employer-employee or franchisor-franchisee relationship.
The provisions and conditions of these Terms and each obligation referred to herein represent the entire Agreement between Us (including the Suppliers), their respective affiliates or related entities and You and supersede all prior agreements and understandings not incorporated herein. In the event of any inconsistency between these Terms and any terms of use or understandings published in the future, the most recent Terms shall prevail.
We reserve any rights not expressly granted or asserted in these Terms.
