Best Western Premier Empire State Hotel

1. General and registration details

Novalia TRAVEL, S.L. (hereinafter, “NT“)) is a company registered in the Commercial Registry of Madrid with Tax ID No. B-44921716 . Our contact details are as follows:

Address: Calle Paseo de la Habana 9-11, Madrid28036

Telephone: +34 635 14 48 17;

Email: info@novaliatravel.com

The Agency main mission is to provide a quality service with a clear desire to provide service to the citizens, thereby

contributing to quality urban mobility and establishing itself as a reference in passenger transport through the management of its lines and the optimisation of its resources. The use of the Website Novalia Travel implies the acceptance of each of the terms and conditions included in this Legal Notice; this notice should therefore be read carefully. There are also some services provided through this Website that are subject to their own general terms and conditions, which complement those contained in this Legal Notice and, they should therefore be read and accepted.

2. Purpose of the Conditions.

The purpose of these conditions of use (hereinafter, the “Conditions”) is to regulate the relationship between the website user (hereinafter, the “User”) and NT, offering the highest transparency and security guarantee, based on current regulations. Specifically, these Conditions regulate the access, browsing and use of the website (hereinafter,

the “Website”), notwithstanding NT reserving the right to amend them. Access to and use of the Website implies acceptance of its Conditions and of any amendment that may be carried out, as well as acceptance of its privacy policy and cookies policy.

These conditions are written in Spanish in their original version, so if the User accesses them in another language, where interpretation may be inconsistent, the Spanish version will prevail.

The validity of these Conditions coincides with the time of their communication until they are totally or partially amended, at which time the amended Conditions will become effective.

3. Free Access and Use of the Website

Access to the Website detailing the services provided by the NT is free for Users. Nevertheless, some of the services provided by NT through the Website are subject to payment of a fee, as determined in the corresponding General Terms Conditions and which must be accepted before proceeding with the purchasing process. Through the Website, NT enables Users to purchase tourist services in different cities and provided by third-party local operators. In no case will NT be responsible for any errors or omissions in the provided information, nor for the specific application or use that could be made thereof. NT reserves the right to amend at any time and without prior notice the content of the Website, this Legal Notice and any specific legal warning, as well as the General Terms and Conditions, the Privacy Policy or Cookies Policy that may be applicable to this Website.

4. Online contracting process

The User may access and contract the products and services offered by NT by accepting on the Website the corresponding General Terms and its Privacy Policy. Prior to initiating the contracting procedure, NT will make available to the User the General Terms and Conditions to which the contract will be subject, so they can be stored and reproduced. The General Terms and Conditions will be available in the languages that the Website is

translated.

Specifically, their acceptance and subsequent formalisation will be performed telematically on the Website. NT will keep a digital report on its acceptance and make it available for the User at any given time. In any event, after the acceptance, the User will receive an email acknowledging receipt of registration.

5. User Registration

In general, provision of the services does not require prior subscription or registration of the Users. Nevertheless, NT makes use of some of the services conditional upon prior completion of the corresponding form, which is available to those who wish to make use of the online ticket-sales service.

6. Authenticity of Information.

The User guarantees the authenticity of all the data supplied as a result of completing the necessary forms for providing the services. Similarly, the User will be responsible for keeping all the information supplied to NT permanently up to date and adapted at all times to the real situation of the User. In any event, the User will be solely

responsible for false or inaccurate statements made by them and for any damages that this might cause to NT or to third parties as a result of the information provided.

If the User detects an error after entering their data during registration, they may modify them on the platform or by contacting customer service at info@novaliatravel.com, as well as exercise the right of rectification provided for in our Privacy Policy if it were personal data.

7. Minors

In order to use the services, minors must first obtain permission from their parents, legal guardians or legal representatives, who will be considered liable for any act carried out by the minors in their charge. The required legal age for contracting services is 18, except for minors who have been empowered to this effect by their legal guardians.

Full responsibility for determining the specific content and services to which minors may have access lies with the legal guardians or legal representatives responsible for said minors. As internet allows access to content that may not be appropriate for minors, Users are notified of the existence of mechanisms, specifically computer programs for

filtering and blocking, which make it possible to limit the content available and, while these programs are not infallible, they are especially useful for controlling and restricting the material accessible by minors.

8. Obligation to use the Website and services

appropriately Users undertake to use the Website and services in accordance with the law and for the purpose for which they were created. To this end, Users will abstain from using any of the services for illicit ends or purposes, prohibited in this Legal Notice, or which harm the rights and interests of third parties, or in any way might damage, put out of action, overload, deteriorate or prevent the normal use of the services, computer or documents, files or any type of stored content in any computer (hacking) of NT of other Users or any User of the internet (hardware and software).

9. Obligation to use the Content appropriately

Users undertake to use the content made available to the Users on the Website, understood as, but not limited to the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as the graphic design and source code (hereinafter, the “Content”), in accordance with the law, this Legal Notice,

the Specific and General Terms and Conditions of certain services and other notices, and, in particular, they undertake to abstain from:

– Reproducing, copying, distributing, making available or publicly communicating in any other way, transforming or modifying the Content, unless they have the authorisation of the owner of the corresponding rights or it is legal to do so

– Deleting, manipulating or altering in any other way any rights reserved and other identifying data

10. Placement of hyperlinks that allow access to the pages of the Website and the services

Users and, in general, those who intend to establish a hyperlink between their web page and the Website (hereinafter, the “Hyperlink”) must comply with the following terms:

– A frame will not be created over the pages of the Website

– No false, inaccurate or incorrect statements or indications will be made regarding NT, its directors, its employees, the web pages of the Website or the services provided

– The web page on which the Hyperlink is established will not contain information or content that is illicit, contrary to generally accepted moral standards and good manners or public order, nor will it contain content that is contrary to the rights of third parties.

The establishment of the Hyperlink does not, in any case, imply the existence of a relationship between NT and the owner of the web page on which the Hyperlink is established, nor the acceptance or approval by NT of its content or services

11. Intellectual Property

The entire Website, including texts, images, trademarks, graphics, software files, colour combinations, as well as the

Content’s structure, selection, arrangement and presentation are owned by NT, which holds all the rights over the Content. The information provided on the Website is the property of NT and of its authors and is considered protected work in accordance with the provisions of Royal Decree 1/1996 of 12 April, which approves the restated text of the law on intellectual property; it is also subject to the international treaties signed in this field.

This legal notice makes no transfer of rights in favour of the Users in relation to any of the elements that make up the

Website. Therefore, the reproduction, public communication, provision, distribution, commercialisation and transformation or any other activity over the Content of its Website is forbidden.

12. Data Protection

In accordance with the current regulations on Data Protection, all personal data submitted during the use of the Website will be treated in accordance with our Privacy Policy that all Users know and accept when they visit our Website.

13. Exclusion of guarantees and liability

13.1. Exclusion of guarantees and liability for the operation of the Website and its services

NT does not guarantee the availability or continuity of operation of the Website and services. Whenever reasonably possible, NT will provide notice of any interruptions to the operation of the Website and services.

NT disclaims, to the fullest extent allowed by the law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Website and services, or the failure of utility that Users might attribute to the Website and services and to the failures in access to the different web pages of the Website or those

from which the services are provided.

13.2. Exclusion of guarantees and liability for Content

• Quality. NT maintains all technical updates to prevent computer damage and complies with the technical measures of the LOPD in order to guarantee privacy; however, it does not guarantee the absence of viruses or other elements in the Content that may adversely affect your computer system (software and hardware) or the electronic documents and files stored in your computer system. NT disclaims any liability for damage of any kind that the presence of a virus or of other elements present in the Content might cause adverse effects to the computer system, electronic documents or files of the Users.

• Legality, Reliability and Utility. NT disclaims any liability for damages of any kind that may be due to the transmission,

dissemination, storage, making available, reception, obtaining or accessing of the Content by the Users, and, in particular, though not exclusively, for damages that may be due to the following:

• Failure to comply

with the law, as a result of transmission, dissemination, storage, making available, reception, obtaining or accessing of the Content Infringement of NT’s intellectual and industrial property rights, corporate secrets, contractual commitments of any kind, the right to honour, personal and family privacy and the image of people, personal data protection, property rights and rights of any other kind belonging to a third party as a result of transmission, dissemination, storage, making available, reception, obtaining or accessing of the Content Acts of unfair competition or unlawful advertising as a result of transmission, dissemination, storage, making available, reception, obtaining or

accessing of the Content Lack of truth, accuracy, exhaustiveness, pertinence and/or timeliness of the Content

Failure to comply, delay in complying, defective compliance or termination for any reason with or of the obligations contracted by third parties and contracts executed with third parties through or as a result of accessing the Content

Defects of any kind in the Content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained, or those which have been accessed via the Website or services

13.3. Exclusion of guarantees and liability for services provided by third parties through the Website

•Quality. NT disclaims any liability for damage of any kind that might be due to viruses or the presence of other harmful elements in the services provided by third parties through the Website and that may cause

adverse effects in the computer system, electronic documents or files of the

Users.

13.4. Exclusion of guarantees and liability for information, content and services hosted outside the Website

The Website makes available to Users technical linking devices (such as links, banners, buttons, etc.), which allow Users to access the websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links on the Website has the sole purpose of facilitating access by the Users to the information, content and services available on said websites. NT does not offer or sell itself or through third

parties the information, content and services available on the Linked Sites, nor does it first control, approve, recommend or monitor them or make them its own property. NT does not guarantee or assume any liability for damage of any

kind that might be due to the following:

• the operation, availability, accessibility or continuity of the Linked Sites
• the maintenance of the information, content and services existing on the Linked Sites
• the provision or transmission of the information, content and services existing on the Linked Sites  
• the quality, lawfulness, reliability and utility of the information, content and services existing on the Linked Sites, provided by third parties through the Website

13.5. Exclusion of guarantees and liability for use of the Website, services and Content by the Users

NT disclaims any liability for damages of any kind that may be due to the use of the services and Content by the Users or which may be due to the lack of truthfulness, timeliness and/or authenticity of the information that the Users provide to other Users about themselves and, in particular though not exclusively, due to damages of any kind that might be due to identity theft of a third party carried out by a User in any kind of communication carried out through the Website.

14. Procedure in the event that illegal activities are carried out

In the event that any User or third party considers that events or circumstances exist that show the illicit nature of the use of any Content and/or the performance of any activity on the web pages included in or accessible through the Website should notify NT to the following email: info@novaliatravel.com .

15. Duration and termination

Provision of the Website service and the other services is, in principle, of indefinite duration. However, NT is authorised to terminate or suspend the provision of the Website service and/or any of the services at any time, without prejudice to the provisions of the corresponding General terms and conditions. Whenever reasonably possible, NT will provide notice of any termination or suspension of the provision of the Website service and other services.

16. Applicable law 

This Legal Notice is governed by Spanish law. The parties submit to the courts and tribunals of Madrid, unless any the law requires another jurisdiction. Nevertheless, both parties will do everything reasonably

necessary to try to resolve any conflicts in an amicable manner