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Condizioni Di Prenotazione

LEGAL NOTICE AND GENERAL TERMS OF USE

  1. Legal notice

In compliance with the Spanish Act 34/2002 Services of the Society of Information and E-Commerce (LSSICE), we hereby inform you that eveniahotels.com (hereinafter referred to as the “Web”) is a domain name owned by EVENIA HOTELS S.L (hereinafter referred to as “EVENIA HOTELS”), with registered offices in calle Muntaner 401, 1st Mezzanine Floor 08021 Barcelona – Spain, Tax Identification Code C.I.F. B-62105176, and registered with the Companies Registry of Barcelona, Volume 32124, Page 196, General Section, Sheet/Copy B-207778, 1st Registration.

  1. Purpose

The purpose of this document is to regulate the terms of use of the Web (hereinafter referred to as “General Terms”) and safeguard the protection of its users. The terms "You" and "User" are hereby used to refer to the individuals and/or entities that for any reason may access this web site.

EVENIA HOTELS provides through the Web (and its other official web pages), information and services relating to our hotels, such as Online Room Booking, image gallery, Customer Service and several constantly evolving promotions (hereinafter referred to as the “Services”).

  1. Browsing and acceptance of the General Terms

The use of the Web and/or its services, grants you the condition of user and shall imply full acceptance without reservations and validity of each and all of the General Terms contained in the last updated version of these terms of use, so that the users shall be aware of the importance of reading them each time they visit the Web.

  1. Login of the user

Login. Login as user is totally free, and it is a requisite condition to be able to contract the services through the Web (in “MY ACCOUNT” section). In the login process, the user shall be requested certain data to carry out the contracting of the different services.

Name of user and password. If the user decides to log in on the Web, a user name and password shall be requested, in the terms described in the Privacy and Data Protection Policy.

Age. The user declares that he/he is of legal age (over 18 years old) and has the necessary legal capacity to contract the services. Additionally, the user states that he/she accepts to be bound by these General Terms of Use, which he/she declares to understand and accept.

Minors. In the event that the user is a minor child, he/she shall require the authorisation of his/her parents or tutors to be able to contract the services of the Web by submitting the relevant documents (including, but without being limited thereto, email attaching an authorisation letter duly signed, providing a photocopy of the ID Document or Passport, or its delivery by fax), which EVENIA HOTEL would request for such purpose prior to the contracting of the services.

  1. Personal Data Protection

5.1- Object.

The goal of Evenia Hotels Privacy Policy is to safeguard your personal information and data.

EVENIA HOTELS totally fulfils European Data Protection Laws and the Confidentiality commitments typical of hospitality industry as per EU Reglament 2016/679 of European Parliament and from Council of Europe of 27th april of 2016.

5.2.- Personal Data for booking management and invoicing.

The user expressly consents that data provided during the provision of the services, either during the booking process or through the contact form to request any information, are collected and processed in EVENIA HOTELS S.L. data processing system with the objective of managing your booking and necessary information to give you the contracted services. Besides, EVENIA HOTELS informs you that your data will be stored for 6 years, as per legal obligation.

EVENIA HOTELS guarantees the adoption of the appropriate measures to ensure the confidential processing of such data and shall adopt the necessary measures to prevent their alteration, loss, non-authorised processing or access, considering at all times the state of technology pursuant to the legislation in force in Spain on personal data protection. EVENIA HOTELS will manage data in a loyal, legal, transparent, adequate, pertinent, limited, exact and updated manner with express commitment for taking any reasonable measures to correct or delete this data when there are mistakes.

The purpose of this processing is to provide the user with an optimal service as customer and, in the event the user may contract our services, give compliance to the requirements of invoicing and payment, accounting and audit of the company, statistical analysis, as well as to carry out satisfaction surveys .

User is informed and expressly consents that its data may be transferred, if necessary, to: public entities and any other parties necessary to give the service or to fulfil legal obligations (like Police).

Besides , the user expressly consents that data provided and those which may be collected during the provision of the service are assigned to EVENIA HOTELS SL, EVENIA TRAVEL SL, MF INTERNATIONAL SL and also to companies of the EVENIA Group (pursuant to the regulations below, for the effective provision of the service contracted (aspects of invoicing and management of the booking) and for the delivery of commercial communications of (i) the products and services of EVENIA HOTELS and the companies of the EVENIA Group (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted; as well as (ii) third parties products and services (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted. This data transfer is necessary to render the services contracted by the user.

Additionally, the user may exercise his/her rights of access, rectification, cancellation and opposition by means of a written communication, attaching a photocopy of the ID Document or equivalent identification document, writing to the Marketing Department to Evenia Hotels, C/Muntaner 401, Entresuelo 1a Barcelona 08021 or by email info@eveniahotels.com “Re. Data Protection”). Besides User may address to DPO in writing by sending email to d_p_o@eveniahotels.com

5.3 Personal data for Commercial and Marketing purposes.

The user expressly consents that data provided during the provision of the services, either during the booking process or through the contact form to request any information, are collected and processed in EVENIA HOTELS S.L. data processing system with the objective of sending you commercial information from EVENIA HOTELS or any company of the EVENIA Group. EVENIA HOTELS informs you that your data will be stored until you decide to unsubscribe of our newsletter.

Similarly, the user expressly consents that data provided and those which may be collected during the provision of the service are assigned to companies of the EVENIA Group (pursuant to the regulations below, for the effective provision of the service contracted (aspects of invoicing and management of the booking) and for the delivery of commercial communications of (i) the products and services of EVENIA HOTELS and the companies of the EVENIA Group (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted; as well as (ii) third parties products and services (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted.

If the user does not want to receive commercial communications by email, the user may address to EVENIA HOTELS in writing to the Marketing Department to the postal address above written or by email to the address info@eveniahotels.com being appropriately identified (and including the reference “Re. Data Protection”).

Besides User may address to DPO in writing by sending email to d_p_o@eveniahotels.com

5.5 International Data Transfers

EVENIA HOTELS servers are located in Andorra. Andorra is a Country with adequate data protection level according to EU Commission Decision 2010/625/UE. User expressely authorizes EVENIA HOTEL to store its personal data in servers located in Andorra and to realize any data transfers between EU Countries and Andorra as necessary to give the contracted services.

In case of Data transfers to Evenia Group Companies located outside the European Union, EVENIA HOTELS will subscribe contractual terms & conditions following Decision 2010/87/UE guidelines, relative to personal data transfers to third countries, according to EU Directive 95/46/CE OF European Parliament.

In the particular case of Evenia companies located in Andorra, data transfer is base in Decision of being a Country with adequate data protection level according to EU Commission Decision 2010/625/UE OF 19 October 2010.

  1. Cookies

Part of the customisation services of EVENIA HOTELS use cookies.

A cookie is a very small file that a web server may save in the hard disk of any computer to store any kind of information on the user. It may only be read by the web site that sent it to the computer.

Web sites usually use cookies to obtain statistical information on their web pages and analyse the behaviour of their customers.

EVENIA HOTELS uses cookies with the sole purpose of elaborating use statistics of its web site. The information that EVENIA HOTELS stores in its computer equipment by means of this mechanism only consists of a number that identifies a user, additionally to preferences, such as the browsing preferred language and the date in which the cookie was deposited. This will allow EVENIA HOTELS recognizing the users in their next visits to the web site. They do not contain any persona data, economic or health information.

EVENIA HOTELS may also register the IP addresses to diagnose any problem with our server, to manage our web page and analyse the trends of users.

For more information on the cookies used by EVENIA HOTELS and how to disable them, click the following link: POLICY OF COOKIES.

  1. Confidentiality

EVENIA HOTELS shall not reveal your personal dada to any third party, except for that established in the sections above.

EVENIA HOTELS guarantees that it shall treat your personal data confidentially, as well as that the server in which data shall be stored and processed has the security measures established in the Spanish regulations on data protection.

  1. Use of the Web and contracting of services

8.1. Use of the Web: The user undertakes to use the Web and any such services made available thereto through the Web in accordance with the Law, morality, good practice and the public order, as well as that provided in these General Terms. Consequently, the user is obliged not to use the Web or services with unlawful purposes or effects and/or contrary to that established in these General Terms, with purposes or effects that may damage the rights and/or interests of third parties or which otherwise may damage the Web or prevent its normal use or the services accessible through the Web. In this regard, in the event that the user may not respect these General Terms, EVENIA HOTELS reserves the right to immediately suspend the user account (in the event that the user may have an account), EVENIA HOTELS being also entitled to deny access to the service.

8.2. Contracting Proceedings: Users shall access the Web either directly through the Web or subscribing to the service of newsletter of EVENIA HOTELS to receive commercial communications and may also register individually and create a personal account on the Web, where the list of services contracted and personal data of the users and other features shall be stored in “MY ACCOUNT” section.

Users, after selecting a specific service published on the Web, may formalise the booking process of such service. The user shall receive a confirmation mail stating the status of his/her purchase order (confirmation, request of modification or cancellation of the service). This mail shall serve as receipt of your booking/service.

Any booking shall be considered as contracted upon the user clicking on the booking acceptance document. The booking confirmation is made upon delivery to the user email by EVENIA HOTELS of an acknowledgment of receipt and confirmation of the booking e-mail, which shall take place within twenty-four (24) hours as of the receipt of the formalization of the booking of the service by the user. If the user does not receive any e-mail within such term, the user shall immediately contact EVENIA HOTELS in order to be able to solve the situation as soon as possible.

8.3. Warranty: The booking is confirmed and warranted within a term of 24 hours with credit card. If the user may not attend the hotel with no prior notice, the first night of stay (VAT and taxes included) shall be charged or otherwise, the amount agreed upon pursuant to the particular conditions of the rate booked.

8.4. Termination of contract or cancellation of the booking: The credit card is only a warranty mean. Cancellation of the booking by users shall not cause any early cancellation expenses, provided that the cancellation is made before the time established in the conditions of each rate. After such deadline, EVENIA HOTELS shall charge as compensation the cancellation expenses, which shall equal the amount of the first night (VAT and taxes included) or those established in the conditions of each rate. In the event of early checkout before the contracted dates, EVENIA HOTELS may charge a penalty amount (60% of the rest of the stay for checkouts of two or more days or 100% if the checkout is one day in advance).

8.5. Prices per room and night.

Prices are only valid in writing and during the term indicated in each offer. In the event of or if justifiable reasons may be observed, EVENIA HOTELS reserves the right to modify these rates with no prior notice. Prices of the booking shall be indicated during the booking process. Prices are VAT included, notwithstanding that any additional taxes may be also applied pursuant to the local regulation in force in each country or autonomous region. Such local taxes shall be paid directly in the hotel. The user shall receive a confirmation email, specifying the offer contracted and the relevant price (plus VAT), which shall be visible in the user account.

Services do not include transport to the hotel booked, which shall be under the user’s reasonability, to the place where the service shall be rendered, unless any specific offer (flight and trip) may determine so, in which case the conditions established for such offer shall apply.

Users must take into account that regardless of the presentation currency on our web, all transactions on www.eveniahotels.com are contracted in Euros and the exchange rate shown in other currencies are only for informative purposes with no contractual value. Any claims for currency differences shall not be accepted.

8.6. Payment: Once the users have decided to contract a service offered on the Web, they shall be requested a series of data for their effective booking and contracting and, according to the offer contracted, the users may opt between the following payment options:

  1. a) Direct payment through EVENIA HOTELS, in which case, instructions shall be provided to make the payment through the payment gateway of the Web, the Particular Conditions governing this specific service being also applicable. Payment may be made by credit card or transfer, in the terms appropriately indicated in the offer.
  2. b) For payment directly in the establishment where the service contracted is rendered shall be also applicable the Particular Conditions that may govern this specific service.

8.7. Errors. EVENIA HOTELS shall not be liable for the errors caused in the booking when data supplied by the user may be incorrect, incomplete or inaccurate and any problems or expenses associated to such problem or its resolution shall be under the exclusive liability of the user.

8.8. Cancellation and modification /Services booking extension.

Users may cancel or extend the reservations of services that have been accepted and confirmed by EVENIA HOTELS if the offer in question allows it and in accordance with the terms and conditions provided in these General Conditions of Use and, in what is not expressly previewed, by the applicable regulations. This information will be provided to the User in the offer itself and, where applicable, in the particular conditions thereof.

EVENIA HOTELS makes available to the User, in the section of the Website "MY ACCOUNT", inside of "MY RESERVATIONS", the applicable procedure in case of cancellation of a reservation as appropriate in each case (refund and/or the granting of reserve exchange vouchers, associated cancellation management fees, etc.). The cost of extending/modifying a reservation of the Services will be specified in a timely manner for each particular case.

In the event that the User requests the cancellation of a reservation having anticipated, in whole or in part, the payment for the Services contracted through the WEBSITE, and as long as this is possible, that is, (i) when the cancellation was expressly provided for in the relevant offer and/or in the particular conditions thereof and (ii) the User has proceeded to notify EVENIA HOTELS of its intention to cancel the Services contracted within the thirty (30) days prior to the date of occupation or start of the Contracted Services, EVENIA HOTELS will return the User in full the advance amount (discounting the bank and/or management expenses in which EVENIA HOTELS incurs for this purpose), either by granting a voucher for the amount of advance services less cancellation fees, which may be used to stay in any of the Company's hotel establishments on other dates, and to be consumed within the next 12 months from the time the User has communicated the intention to cancel the Services, either by refunding the amount, at the discretion of EVENIA HOTELS.

EVENIA HOTELS will not be held responsible for the expenses incurred and/or for the advanced amounts not recovered for those withdrawals that occur outside the provisions of these General Conditions.

8.9. Cancellation of reservations for services by EVENIA HOTELS

EVENIA HOTELS reserves its right to cancel, under the conditions stated, any reservation made in any of its facilities in its hotel establishments in any case of force majeure and while it lasts the same and/or the consequences derived from such event provided that it prevents EVENIA HOTELS, in whole or in part, to keep the hotel establishment and/or its related facilities open, as well as to provide its own services or those inherent in its hotel activity or, where appropriate, when it involves an extraordinary and costly effort to continue providing the above-mentioned services under the same conditions of quality and safety.

For these purposes, the following shall be considered as force majeure: circumstances such as war, revolution and civil or political unrest, acts of terrorism, closure of borders or other obligations and/or extraordinary restrictions imposed by the State or Community public authorities, interruption of basic public services, epidemics, disasters and other abnormal and unforeseeable causes beyond the control of the party invoking them, that are serious and make it impossible, in whole or in part, to provide the services in optimum conditions or in the conditions necessary to ensure the proper functioning and safety of the hotel establishment and its users, all in accordance with the obligations attributed to persons running hotels under Article 14 of Decree 159/2012 on tourist accommodation establishments.

In the cases now foreseen, if a reservation is cancelled by EVENIA HOTELS, the Company will be able to either reimburse the user who is the owner of the reservation the amount paid, or give a voucher for the total amount of the reservation made which can be used to stay in any of the hotel establishments of the Company on other dates, which must be consumed within a maximum period of 365 days since EVENIA HOTELS has informed the user of this option. As far as possible, as long as EVENIA HOTELS has availability and sufficient means, it will try to offer the user who owns the property the possibility of making a new reservation under the same conditions as those initially requested (establishment, type of room, duration, number of guests, etc.).

  1. Intellectual Property and Copyright

Any information contained on the Web, its graphic design and the language code is protected by copyrights and other intellectual property rights. Notwithstanding that regulated in these terms of use, the distribution, modification, assignment, public communication, reproduction or any other act of part or all the information published on such page without the prior authorization of EVENIA HOTELS shall not be allowed. Any reproduction or copy, distribution or publication, without the prior written authorization of EVENIA HOTELS is hereby prohibited. The reproduction authorisation may be requested to the email address marketing@eveniahotels.com.

  1. Right to Modify the General Terms and Disclaimer.

10.1. Modification: EVENIA HOTELS reserves the right to modify these General Terms by informing the user of the modifications made through the Web. For this reasons, the user shall regularly visit the last version published on the Web, which the user shall be accepting upon any new connection thereto. Such modifications shall be only applicable as of their effective date. In any event, prior to any contraction of any service offered on the Web, the user shall be required to accept both the General Terms from time to time in force, as well as, if any, the relevant particular conditions of the service contracted. In the event of conflict or inconsistency between the General Terms of Use and the particular conditions, the latter shall prevail.

10.2. Warranties and Liability: EVENIA HOTELS does not guarantee the feasibility, availability or continuity of the service made available to the user, so that EVENIA HOTELS excludes any liability for the damages caused due to any lack of availability or continuity of its web page or its services, although EVENIA HOTELS shall try to provide, to the best of its ability, technical assistance to the persons affected, as well as to immediately restore the interruption, making available to the user, to the best of its ability, alternative means.

EVENIA HOTELS is exempted from any liability that may arise from the contents of the opinions or public comments published on its webpage and made by the users.

10.3. Foreseen Opening Date:

EVENIA HOTELS will ensure to the Users, without prejudice of what will be said, that their hotel establishments will be open and operative in the dates of opening that it has communicated to the Users.

Nevertheless, EVENIA HOTELS will not be responsible for the lack or impossibility of opening the establishments when such impossibility derives from the existence of force majeure (as this term has been defined in paragraph 8.9) and, in general, of extraordinary and unforeseeable circumstances that prevent or generate an excessive economic cost for EVENIA HOTELS from opening the establishments (including, but not limited to, in case of having to carry out works/repairs in the establishments with imminent character or to adapt them to the applicable regulation in each moment or, in general, when circumstances concur that seriously hinder the provision of the services in comparison with the conditions in which they were being provided previously).

In this second case, the opening dates communicated by EVENIA HOTELS will in no case constitute, nor be interpreted as, a firm commitment or an obligation for EVENIA HOTELS, and these communications will be considered as simple forecasts the confirmation of which will depend on the evolution of the concurrent circumstances at every moment, being EVENIA HOTELS entitled to modify the opening date initially foreseen according to its interests, needs or legal regulations applicable at every moment. In any case, in case EVENIA HOTELS proceeds to modify the opening dates foreseen according to this second case, the Users will be allowed to cancel, without any expense or penalty, the reservations that are affected, being EVENIA HOTELS exempt of any other responsibility beyond the refund of the advanced amounts for the affected reservations.

  1. Links/Hyperlinks

In the event that the Web may refer by means of links or advertising to third-party web pages, EVENIA HOTELS does not undertake to control and does not previously control, approves or adopts as its own the services, contents, data, files, products and any material existing on the third party web page or pages. Therefore, EVENIA HOTELS shall under no circumstances be liable for the legality of the contents of such pages, the respect for legality, morality, good practice and public order, the contents, as well as for the foregoing not damaging any right of third parties, among others, being under the liability of such third party. The existence of any hyperlink does not imply any kind of relation between EVENIA HOTELS and the owner of the web page on which the same may be established.

Such users or third parties intending to establish a hyperlink with the Web, shall obtain the prior and written authorisation of EVENIA HOTELS, as well as to guarantee that the hyperlink only allows access to pages or services of the Web, but it does not made, among others, reproduction of contents, deep-links, browsers, inaccurate or incorrect statements on the contents of the Web. Except for such signs being part of the hyperlink, the user shall guarantee that the web page on which the hyperlink may be established, does not contain brands, trade names, establishment signs, names, logos, slogans or any type of distinctive symbol belonging to EVENIA HOTELS.

  1. Severability

If any clause in these General Terms may be declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such null and ineffective provision or part thereof, the remaining General Terms remaining in force, considering such provision or part thereof as excluded.

  1. Governing Law and Jurisdiction

These General Terms, as well as the Privacy Policy and Cookies Policy are governed by the Spanish legislation. EVENIA HOTELS and users, for the settlement of any controversy that may arise in respect to its validity, execution, performance or total or partial termination submit to, expressly waiving their own venue or any other venues that, otherwise, may correspond thereto, the competence of the Courts and Tribunals of Barcelona, unless the law may provide otherwise. This Agreement constitutes the complete and entire expression of the agreement between EVENIA HOTELS and the user and supersedes any other previous covenants, commitment, statements or arrangements, written or oral, which may have existed between them.

PRIVACY POLICY AND DATA PROTECTION

  1. Object.

The goal of Evenia Hotels Privacy Policy is to safeguard your personal information and data.

EVENIA HOTELS totally fulfils European Data Protection Laws and the Confidentiality commitments typical of hospitality industry as per EU Reglament 2016/679 of European Parliament and from Council of Europe of 27th april of 2016.

  1. Personal Data for booking management and invoicing

The user expressly consents that data provided during the provision of the services, either during the booking process or through the contact form to request any information, are collected and processed in EVENIA HOTELS S.L. data processing system with the objective of managing your booking and necessary information to give you the contracted services. Besides, EVENIA HOTELS informs you that your data will be stored for 6 years, as per legal obligation.

EVENIA HOTELS guarantees the adoption of the appropriate measures to ensure the confidential processing of such data and shall adopt the necessary measures to prevent their alteration, loss, non-authorised processing or access, considering at all times the state of technology pursuant to the legislation in force in Spain on personal data protection. EVENIA HOTELS will manage data in a loyal, legal, transparent, adequate, pertinent, limited, exact and updated manner with express commitment for taking any reasonable measures to correct or delete this data when there are mistakes.

The purpose of this processing is to provide the user with an optimal service as customer and, in the event the user may contract our services, give compliance to the requirements of invoicing and payment, accounting and audit of the company, statistical analysis, as well as to carry out satisfaction surveys .

User is informed and expressly consents that its data may be transferred, if necessary, to: public entities and any other parties necessary to give the service or to fulfil legal obligations (like Police).

Besides , the user expressly consents that data provided and those which may be collected during the provision of the service are assigned to EVENIA HOTELS SL, EVENIA TRAVEL SL, MF INTERNATIONAL SL and also to companies of the EVENIA Group (pursuant to the regulations below, for the effective provision of the service contracted (aspects of invoicing and management of the booking) and for the delivery of commercial communications of (i) the products and services of EVENIA HOTELS and the companies of the EVENIA Group (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted; as well as (ii) third parties products and services (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted. This data transfer is necessary to render the services contracted by the user.

Additionally, the user may exercise his/her rights of access, rectification, cancellation and opposition by means of a written communication, attaching a photocopy of the ID Document or equivalent identification document, writing to the Marketing Department to Evenia Hotels, C/Muntaner 401, Entresuelo 1a Barcelona 08021 or by email info@eveniahotels.com “Re. Data Protection”). Besides User may address to DPO in writing by sending email to d_p_o@eveniahotels.com

  1. Personal data for Commercial and Marketing purposes.

The user expressly consents that data provided during the provision of the services, either during the booking process or through the contact form to request any information, are collected and processed in EVENIA HOTELS S.L. data processing system with the objective of sending you commercial information from EVENIA HOTELS or any company of the EVENIA Group. EVENIA HOTELS informs you that your data will be stored until you decide to unsubscribe of our newsletter.

Similarly, the user expressly consents that data provided and those which may be collected during the provision of the service are assigned to companies of the EVENIA Group (pursuant to the regulations below, for the effective provision of the service contracted (aspects of invoicing and management of the booking) and for the delivery of commercial communications of (i) the products and services of EVENIA HOTELS and the companies of the EVENIA Group (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted; as well as (ii) third parties products and services (located in Spain, countries of the European Union and abroad) of similar sectors to the ones contracted.

If the user does not want to receive commercial communications by email, the user may address to EVENIA HOTELS in writing to the Marketing Department to the postal address above written or by email to the address info@eveniahotels.com being appropriately identified (and including the reference “Re. Data Protection”).

Besides User may address to DPO in writing by sending email to d_p_o@eveniahotels.com

  1. International Data Transfers

EVENIA HOTELS servers are located in Andorra. Andorra is a Country with adequate data protection level according to EU Commission Decision 2010/625/UE. User expressely authorizes EVENIA HOTEL to store its personal data in servers located in Andorra and to realize any data transfers between EU Countries and Andorra as necessary to give the contracted services.

In case of Data transfers to Evenia Group Companies located outside the European Union, EVENIA HOTELS will subscribe contractual terms & conditions following Decision 2010/87/UE guidelines, relative to personal data transfers to third countries, according to EU Directive 95/46/CE OF European Parliament.

In the particular case of Evenia companies located in Andorra, data transfer is base in Decision of being a Country with adequate data protection level according to EU Commission Decision 2010/625/UE OF 19 October 2010.