The terms and conditions governing the use of this website (the “terms and conditions”) are hereinafter specified. These terms and conditions explain the rights and obligations of all the users (be they individuals, corporations or groups), as well as those of www.hotel-portofino.info as regards the services offered by Hotel Portofino c.a. (“the hotel”) or through this website or any other website of Hotel Portofino c.a. with whom Hotel Portofino c.a. may become related (hereinafter jointly referred to as www.hotel-portofino.info services). Before clicking on the “confirm and pay” button at the end of the reservation process, read carefully these terms and conditions. When clicking the “confirm and pay” button you are stating your consent to submit to these terms and conditions. If you are not in agreement with all the terms and conditions, do not click the “confirm and pay” button. If you have questions about our terms and conditions, send us an e-mail to info@hotel.portofino.info Parties These terms and conditions apply to Hotel Portofino C.A., a company domiciled and registered under the laws of the Bolivarian Republic of Venezuela, in Jurisdiction of the State of Nueva Esparta, Island of Margarita, and to whomever uses this website (“the client”). Use of the site The client will be authorized to use the website only to make legitimate consultations or reservations and hereby agrees not to make speculative, false or fraudulent reservations, nor reservations in anticipation of the www.hotel-portofino.info demand for services. The client furthermore agrees to provide www.hotel-portofino.info correct and precise mail, e-mail or contact information and acknowledges that www.hotel-portofino.info may use such information to contact the client if necessary. The client may nor reproduce, duplicate, copy, sell, resell or exploit this site in any manner for commercial purposes unless we grant him written authorization to do so. In our discretion, we may refuse the provision of the service, interrupt the access and/or cancel transactions. The client agrees not to use any device, program or any other type of instrument to interfere or attempt to interfere with the correct operation of our site, and likewise agrees not to act with the purpose of imposing a disproportionately large load upon our infrastructure. In addition, the client agrees not to use any robot, “spider” or other automatic device or manual process to monitor or copy our Internet pages or their content without our prior consent (in the case of Internet sites that are search motors, use a standard search technology, for the purpose of directing Internet users to this site, this consent is deemed granted). The client is responsible for the information or content he has submitted and the client authorizes us to use such content in a manner consistent with our privacy and security policy. The client may not publish or transmit to this site any type of material whose content is considered illegal, defamatory or profane. Likewise, the client is not allowed to modify or limit any of the functions of this site. Making a reservation Once the client has clicked the “Confirm and pay” button as previously mentioned, he must print the electronic confirmation that shows the details of the reservation. This confirmation represents the basis of the reservation contract. THE CLIENT ACKNOWLEDGES THAT HE IS RESPONSIBLE FOR PRINTING AND CHECKING THE CONFIRMATION, AND MAKING SURE THAT ALL DETAILS CONTAINED THEREIN ARE CORRECT, AS LODGING MAY ONLY BE PROVIDED IN ACCORDANCE WITH THE DETAILS SPECIFIED IN THE CONFORMATION. SHOULD THE CONFIRMATION DETAILS FAIL TO BE CORRECT, THE CLIENT MUST CONTACT WWW.HOTEL-PORTOFINO.INFO AT INFO@WWW.HOTEL-PORTOFINO.INFO SO THEY MAY BE CORRECTED. THE CONFIRMATION MUST BE SHOWN AT THE HOTEL’S RESERVATION DESK UPON ARRIVAL AT THE DESIGNATED HOTEL (SPECIFY), AS PROOF OF RESERVATION AND PREPAYMENT. Prices and payment The price for the services rendered by www.hotel-portofino.info is the price specified in the reservation form. PAYMENT IN FULL MUST BE MADE BY CREDIT CARD UPON MAKING THE RESERVATON. www.hotel-portofino.info constantly endeavors to make discounts in the prices. On the other hand, during fairs or events, hotels usually add supplements or do not offer the customary reductions, wherefore the price paid by the client might be higher than the published prices. The client acknowledges that this situation is beyond www.hotel-portofino.info control. Cancellations and changes Cancellations and changes in confirmed reservations at the Hotel are subject to the following conditions: In the case of cancellations, the first night of lodging will be charged. Exceptions: In the case of cancellations made 7 days or less prior to the arrival date, the full amount will be charged, which will not be reimbursable. One night reservations – If your reservation is one for one night, the one night cancellation penalization still applies and thus cannot be fully reimbursed. Cancellation of reservations for several rooms – If penalization for cancellation of one night applies, it will apply to each room reserved. Classification by stars and lodging quality The client understands and accept that The Hotel is a three star hotel under the laws and regulations of the Bolivarian Republic of Venezuela. Accuracy of the information www.hotel-portofino.info and its providers have taken reasonable measures to ensure that the content of the website is precise. www.hotel-portofino.info publishes this information in good faith. THE CLIENT ACKNOWLEDGES AND ACCEPTS THAT WWW.HOTEL-PORTOFINO.INFO CANNOT BE MADE RESPONSIBLE FOR THE LACK OF PRECISION OF THIS INFORMATION AND THAT WWW.HOTEL-PORTOFINO.INFO WILL NOT ACCEPT RESPONSIBILITY FOR THE SERVICE CHANGES WHICH HOTEL PORTOFINO HAS MADE. THE CLIENT LIKEWISE ACKNOWLEDGES THAT: (1) ALTHOUGH WWW.HOTEL-PORTOFINO.INFO MAKES AN EFFORT TO MAINTAIN ALL THE INFORMATION CONTAINED IN THIS WEBSIET UP-TO-DATE AND PRECISE, WWW.HOTEL-PORTOFINO.INFO DOES NOT ASSUME RESPONSIBILITY FOR THE ERRORS, OMISSIONS OR INCORRECT DATA THAT MIGHT APPEAR. Lack of availability If a confirmed reservation should not be available, www.hotel-portofino.info shall make its best efforts to offer an alternative hotel of even or superior quality in the same location, or otherwise will reimburse the full amount, if preferred. www.hotel- portofino.info shall likewise make its best efforts to get in touch with the client prior to his departure to advise him about the lack of availability. Nevertheless, the client acknowledges that this will not always be possible. When it should be impossible to get in touch with the client prior to his departure, www.hotel-portofino.info will make an effort to ensure that the said hotel takes care of the change in lodging in the quickest and most efficient manner possible. Complaints Any complaint concerning the hotel shall be notified to the hotel’s reception desk or to the respective representative of the hotel during the client’s stay and the hotel’s management must be given sufficient time to rectify the situation from the beginning. The Hotel will not accept complaints or claims after the client has left the facilities of The Hotel. Guarantees, statements, conditions and terms ALL TERMS, STATEMENTS, CONDITIONS AND GUARANTEES (EXPRESS OR IMPLICIT) REGARDING THE SITE AND ANY RELATED SERVICE ARE HEREBY EXCLUDED INSOFAR AS IS PERMITTED UNDER APPLICABLE LAW AND THE COURTS OF THE BOLIVARIAN REPUBLIC OF VENEZUELA. UNLESS OTHERWISE SPECIFIED, WE PROVIDE THIS SITE IN ITS “PRESENT CONDITION” WITHOUT EXPRESS OR IMPLICIT GUARANTEES OF ANY TYPE, UP TO THE LIMIT PERMITTED BY LAW. WE DISCLAIM ALL EXPRESS OR IMPLICIT GUARANTEES AS PERMITTED UNDER APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, IMPLICIT GUARANTEES OF CONDITIONS FIT FOR SALE, NON-INFRACTION OF COPYRIGHTS, AND SUITABILITY FOR SPECIFIC PURPOSES. IN NO EVENT SHALL WE, OR OUR RELATED PARTIES, BE RESPONSIBLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR LOSS OF INFORMATION) THAT MAY OCCUR DUE TO THE ACCESS, USE OR INABILITY TO USE THE CONTENT OF UNLOADABLE SOFTWARE PROGRAMS CONTAINED IN THIS SITE, EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY THAT THESE DAMAGES MIGHT OCCUR. WE DO NOT OFFER ANY GUARANTEE THAT THIS SITE WILL MEET WITH ITS REQUIREMENTS, OR THAT THERE ARE NO INTERRUPTIONS, IS ON TIME, IS SAFE OR FREE OF ERRORS. WE LIKEWISE DO NOT OFFER ANY GUARANTEES ABOUT THE RESULTS OBTAINED THROUGH THE USE OF THIS SITE NOR THE ACCURACY OR CONFIDENTIALITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. THE CLIENT UNDERSTANDS AND ACCEPTS THAT ANY INFORMATION, CONTENT OR SOFTWARE PROGRAM UNLOADED OR OBTAINED IN ANY OTHER MANNER THROUGH THE USE OF THIS SITE IS OBTAINED AT HIS OWN RISK AND THE CLIENT IS SOLELY RESPONSIBLE FOR ANY TYPE OF DAMAGE SUFFERED BY HIS SYSTEM OR FOR THE LOSS OF DATA RESULTING FROM THE UNLOADING OF THE STATED CONTENT. Use of the client’s contact information The client agrees and consents to the possibility that www.hotel-portofino.info may use the client’s contact information (namely, his e-mail address, mailing address or other contact information of the client) to get in touch with the client should there be any problem with the reservation and any other information related to the promotion and marketing of Hotel Portofino C.A. Indemnity THE CLIENT AGREES TO COMPENSATE AND EXEMPT WWW.HOTEL-PORTOFINO.INFO FROM RESPONSIBILITY AS REGARDS ANY LIABILITY, DAMAGE OR LOSS, INCLUDING LEGAL EXPENSES, THAT WWW.HOTEL-PORTOFINO.INFO MIGHT INCUR OR SUFFER AS A RESULT OF ANY ACTION, LACK OF ACTION OR OMISSION ON THE PART OF THE CLIENT. The client agrees, at his expense, to indemnify and hold harmless our directors, employees, agents, affiliates, distributors and holders of licenses against judgment and to consider us as not responsible for losses, deficiencies, damages, responsibilities, costs and expenses (including expenses and fees resulting from legal services rendered by attorneys) incurred in relation to, or due to any type of claim, demand, action or legal proceeding arising from his failure to comply with these terms of use or in connection with the use the client has given to this site or with any product or service related to this site. Consequential loss UNDER NO CIRCUMSTANCE AND IN NO EVENT SHALL WWW.HOTEL-PORTOFINO.INFO OR ITS RESPONSIBLE PROVIDERS BE DEEMED LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGE OR LOSS OF WHATEVER NATURE (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR BREACH OF THESE TERMS AND CONDITIONS) OR FOR ANY LOSS OF INFORMATION, PROFITS, INCOME OR BUSINNES, FOR WHATEVER REASON, EVEN IN THE EVENT WWW.HOTEL-PORTOFINO.INFO FORESAW SUCH LOSS OR DAMAGE, OR IF IT WAS INFORMED ABOUT THE POSSIBILITY THAT IT MIGHT OCCUR. Limitation of liability NOTWITHSTANDING THE ABOVE, THE RESPONSIBILITY OF WWW.HOTEL-PORTOFINO.INFO VIS-À-VIS THE CLIENT AND/OR ANY THIRD PARTY SHALL IN EVERY CIRCUMSTANCE BE LIMITED TO WHICHEVER OF THE FOLLOWING AMOUNTS SHOULD BE LOWER: (A) THE AMOUNT PAID BY THE CLIENT FOR THE RESERVATION, OR (B) Bs.1,000,000.00 WHICHEVER IS LOWER. The client waives any claim against Hotel Portofino C.A. for any type of liability for damages that may directly or indirectly arise as a result of the rendering and use of the information or the services, or of the contacting, acquisition and use of the products. THE CLIENT UNDERSTANDS AND SPECIFICALLY ACCEPTS THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR ANY OTHER TYPE OF DAMAGE OR LOSS) RESULTING FROM THE ACCESS TO, OR THE USE OF, OR THE INABILITY TO USE OR ACCESS, OR OF THE DEPENDENCE OF, OR THE OPERATION OF THIS SITE, OR RESULTING FROM ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, REGARDLESS OF THE BASIS USED TO CLAIM LIABILITY, EVEN IF WE HAVE BEEN NOTIFIED ABOUT THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Assignment The client may not assign, transfer, subcontract or delegate any right, duty or obligation as provided herein unless he has been granted written consent by www.hotel-portofino.info. Copyrights The client acknowledges that the copyrights, trade names and other intellectual rights included and related to this website and to the hotel system services are the exclusive property of or have been granted under license to www.hotel-portofino.info. The reproduction, sale, transfer or the amendment of the content or of the data included in the website is not permitted without prior written consent by www.hotel-portofino.info. Likewise, the client is not authorized to modify, duplicate, exhibit, copy, reproduce, grant under license, publish, transfer or sell information, software, products or services obtained in the website without prior written consent by www.hotel-portofino.info. Furthermore, the client acknowledges that it may not use any of these copyrights, or the services of www.hotel-portofino.info except insofar as it is necessary to make a reservation in the manner specified in accordance with these terms and conditions. Links Any type of link from a website to our site must have been previously authorized by us. This website may contain links to Internet sites managed by third parties or belonging to third parties. These links are in the site exclusively for your convenience. WE DO NOT CONTROL OR ARE RESPONSIBLE FOR THE CONTENT OF THESE SITES THEIR PRIVACY POLICIES OR THE LEVELS OF SECURITY HANDLED THEREBY. WE SPECIFICALLY DENY ANY RESPONSIBILITY IF THESE SITES INFRINGE THE PROPERTY RIGHTS OF THIRD PARTIES IF THEY ARE INACCURATE, ARE INCOMPLETE OR PRESENT FRAUDULENT INFORMATION, IF THEY DO NOT SERVE FOR CERTAIN PURPOSES OR IF IS NOT POSSIBLE TO MAKE CERTAIN BUSINESS TRANSACTIONS THROUGH SAME, OR IF THEY DO NOT OFFER AN ADEQUATE LEVEL OF SECURITY AND PRIVACY, IF THEY CONTAIN A VIRUS OR DESTRUCTIVE TYPE MATERIAL, OR IF THEY HAVE A SLANDEROUS CONTENT. WE DO NOT SUPPORT THE CONTENT OR ANY OF THE SERVICES OR PRODUCTS OFFERED BY THESE SITES. IF THE CLIENT ESTABLISHES A LINK WITH THESE SITES HE DOES SO AT HIS OWN RISK AND WITHOUT OUR PERMISSION. Integrity of the system The use of any device, routine or software that inhibits or interferes with the execution of the website of www-hotel-portofino.info or with any reservation made thereat is hereby forbidden. Likewise, any action which creates a load that may be deemed unreasonable or disproportionate in the website or in the infrastructure of www.hotel-portofino.info is prohibited. No guarantee of continuous access to the website of www.hotel-portofino.info www.hotel-portofino.info does not guarantee continuous uninterrupted service to its website, or safe access to its services. Various factors beyond our control could interfere with the performance of the website of www.hotel.portofino.info. Amendment of these terms and conditions www.hotel-portofino.info reserves itself the right to amend these terms and conditions at any time. Updates will become effective 5 days after being posted on the website of www.hotel-portofino.info without prejudice to the contracts executed prior to such date. This agreement may not be altered in any manner without consulting previously with www.hotel-portofino.info. Completeness These terms shall be deemed separable. In the event it should be determined that any provision is invalid or inapplicable, such provision shall apply inasmuch as it is possible as permitted under applicable law; the fact that is has been determined as such will not affect the validity and the capacity of enforcement of the remaining provisions. Headings The headings used in these terms and conditions are included solely for purposes of convenience and shall not define, expand, limit or affect these terms and conditions in any other manner. Force Majeure If, as a consequence of force majeure, www.hotel-portino.info is obliged to limit, modify or cancel a reservation, the client will not be entitled to claim compensation for any loss resulting from such limitation, modification or cancellation. The term “force majeure” includes, but is not limited to, natural catastrophes, fires or any other destruction of any lodging reserved, civil commotion, riot, war or disturbances, exercise of legislative, municipal, military or other authority, strikes or any other reason beyond the control of www.hotel-portofino.info. Total agreement These terms contain the entire agreement between www.hotel-portofino.info and the client and supersede any preceding treaty or agreement (either verbal or written) in such respect and cannot be changed or modified unless www.hotel-portofino.info states its agreement previously and in writing. Applicable law These terms and conditions are subject to Venezuelan law and to the exclusive jurisdiction of the courts of the Bolivarian Republic of Venezuela in the State of Nueva Esparta.