General Conditions - Marbelladreams Commercial Outsourcing

1.- WEBSITE OWNER IDENTIFICATION

Legal notice: In compliance with the legal obligation regarding general information that must be offered to the users of information society services under the terms foreseen in Act 34/2001 (July 11, 2001), on Information Society and Electronic Commerce Services, marbelladreams provides the following information:

marbelladreams is the trademark of our online website, serving as the interactive platform for all trade, service, and tourism information about Marbella & Costa del Sol.

ONLINE TOURIST SERVICE WEBSITE
This company is registered at the Andalucian tourism board, Nº : AIAT/MA/ 00029-4

TRADE MARK
The distinctive and commercial name of our company are registered trademarks owned by us.
trademark number: 284.042
Use of these marks requires express permission from our company as well as a license agreement.
Unauthorized use of these trademarks or other registered trademarks of our company may be subject to legal proceedings in the maximum extent provided by law.

MARBELLADREAMS
CIF:38.538.996-N
Touristic company registered at Andalucian Tourist Board with register number:
AIAT/MA/00029-4
Address just for notifications: San Antonio 11, 29602, Marbella – Málaga SPAIN
Phone: +(34) 959 31 40 76 , Fax: + (34) 951 31 40 76
E-mail: info@marbelladreams .com

2.- USE ACCEPTANCE

Legal Notice: legal information applicable to users of marbelladreams website.

This agreement comprises the General Terms and Conditions for contracting the on-line sale services provided on this web site by our company to the purchaser of the service: the User.

The User declares that all details and information here provided are correct and that he/she understands and accepts all of the Terms and Conditions that are set out hereunder.

The user is defined as any natural person who demands tourist and housing or services information or reservation within the portal, accepting the rules of use on it.

The information provided to the user by marbelladreams website is free and do not require the user to login, in the absence of any kind of software that stores user data, and therefore respecting privacy. The user declares to have the legal capacity to contract, to be adult, and assume the legal conditions detailed on this website.

3.- PERSONAL DETAILS OF THE USER

Legal notice: In compliance with the contents of article 5 of the Organic Law 15/1999, of 13 December concerning the Protection of Personal Data (hereinafter ‘LOPD’), marbelladreams would like to inform you that the personal data you have supplied to us when filling in any electronic registration form appearing on our website, as well as any data to which marbelladreams may access as a result of surfing, consultation, request or the contracting of any service or product, or any deal or transaction effected through the marbelladreams website, will be kept in a file under the responsibility of marbelladreams.

You may exercise your right of access, rectification, cancellation and opposition to the handling of your personal data, according to the terms and conditions provided in the LOPD. Failure to fill in the compulsory fields appearing in any electronic registration form may result in marbelladreams´ inability to attend your request.

The personal data provided by the Users are confidential and protected by virtue of which the regulations on the security of automated files containing personal data are approved as well as the other legal provisions that are applicable thereto.

Users are informed that all such security levels regarding the protection of personal data as are required by law have been adopted, and that all the resources and technical means possible have been installed to avoid the loss, misuse, alteration, non-authorized access and theft of any and all personal data provided.

The User must, however, be aware that the security measures on internet are not impregnable. Under no circumstance shall the personal data of the Users be employed for purposes other than those described hereunder. The Users are entitled to and may exercise the rights of access, cancellation, rectification and opposition to the handling, use and assignment of their data by notification to be sent to our Company at the electronic mail address displayed in the contact section on this web, or by post to our Company, stating name and surname, the petition in question and an electronic mail address. Under no circumstance shall, the personal user data, be offered to third parts, without the express consent of the User.

4.- INTERNET PRIVACY POLICY

4.1 Information Collection and Use
marbelladreams Internet collects personal information when you request information of our services or when you make a reservation, asking for your name, email address, country and telephone.

marbelladreams Internet uses this information exclusively to deal with your reservations, to inform you better about our services, and to inform you in the future about any special offers or news about our website.

marbelladreams Internet does not rent, sell, or share personal information about you with any other people or companies, not even with our affiliated apartment owners, who are provided only with your name to welcome you at your arrival.

marbelladreams Internet is not responsible for any information you provide to a third party (e.g. bank or credit card company) in order to pay for a reservation. marbelladreams Internet does not set and access cookies on your computer during your session with us.

4.2 Changes to this Privacy Policy
marbelladreams Internet may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified by you, or by placing a prominent notice on our site.

5.- INTELLECTUAL PROPERTY

The texts and graphic elements comprising this web page and disseminated therefore as well as the presentation and placement thereof are the exclusive property of marbelladreams. Therefore, they comprise works such as those that are protected by European Community law within the scope of intellectual property, and are also protected by the international conventions signed in this field. Our Company does not grant any licenses or use rights whatsoever on its industrial or intellectual property rights or on any other property or right in relation to this web page unless as otherwise expressly agreed with third parties.

The Users may only reproduce the content of the web page for the sole purpose of storing the said content, making security copies thereof and printing the said content on paper. Notwithstanding the foregoing, any reproduction or presentation of the content of this web page or any of its elements for commercial purposes or for any use other than that stated above shall be prohibited unless express written approval thereof has been granted by our Company. Any breach of the foregoing condition shall be grounds for our Company to bring the proceedings that are necessary in defense of its interests.

The contents appearing on this website are protected by Royal Decree-Law 1 / 1996 of the Law of Intellectual Spanish Property. The contents are protected in particular, under Article 12 of this Royal Decree, as data collections. It is prohibited to reproduction, distribution, and public communication and processing of such property unless expressly authorized in writing by marbelladreams.

marbelladreams preserves the personal data of Private Tourist Vacation properties owners who appear on its website and not use them under any circumstances to assign to third parties. The owner or representative, authorize to marbelladreams to display mentioned data on the website, just for information and possible requirement for users interested in acquiring the services offered.

6.- SUBJECT MATTER

The subject matter of this General Terms and Conditions document set out hereunder is to define the terms and conditions according to which our Company is to provide the service/s that the User accepts without reservations or limitations. These General Terms and Conditions may, where necessary, be complemented by special conditions. The acceptance and/or validation on the part of the User of any application form issued by our Company which implies the acceptance without reservation of mentioned General Terms and Conditions set out hereunder.

7.- PROVISION OF THE SERVICE

The access to the services offered by our company website to the users, are free of charge and the User will not be bound to pay any consideration for the said access. The User may contract one or several of the services that are specified on the web page. This may be done at any time during the term of this agreement upon acceptance by the User of the terms and conditions set out hereunder.

The provision of such services shall be governed in accordance with the Terms and Conditions that are set out hereunder, and as the case may be, under the corresponding special conditions that are applicable to the services requiring the said conditions. The said provision is based on the contracting by the User of any of the services offered by our Company on its website.

marbelladreams does not guarantee the truthfulness, accuracy and updated at any time, content and services on the page. All information about services or accommodations offered by the website to Users is provided for information purposes only. The information provided by marbelladreams has been developed on the basis of publicly available sources of data provided by the suppliers themselves. marbelladreams is not responsible for the content, accuracy and update of such information.

marbelladreams is not an intermediary service. And only offers information as it appears on the website. Users should contact directly with suppliers. marbelladreams will not be party to the possibility of hiring and shall not be responsible for the quality, content or availability of services to be hired.

8.- MODIFICATION TO THE TERMS AND CONDITIONS

These Terms and Conditions may undergo changes which shall be notified to the Users by announcement on the web page. The modification or cancellation of one or more of the agreements set out hereunder does not imply the cancellation or nullity of the other agreements or the cancellation of the contractual relations with the Users.

9.- LIABILITY

A.- Of any Service provider

Our Company shall not be liable for any type of damages that might derive from any of the following:

1.- The alteration of privacy and security through the use and content of the web page and the services by third parties that are not bound thereto, in accordance with the law currently in force.

2.- The presence of false elements in the services offered by third parties across the web page that might cause alterations in the computer system, electronic documents or files of the users.

3.- The lack of veracity, accuracy, exhaustiveness or updated status of the content offered by third parties.

4.- The lack of lawfulness, reliability and usefulness of the content of the services offered by third parties across the said page.

B.- Of the User

The User is the one and only responsible party for his/her identification to access the service and for the use on his/her part of the web page and the services; aware of this, the said User voluntarily accepts this liability.

C.- Other responsibilities

The establishment of a hyperlink to the website of marbelladreams does not presuppose the existence or imply any connection between our website and the owner of the page or site to conduct the study, or even awareness of marbelladreams of services that are provided, so that our company will never be nor responsible for the content, information or services that hyperlink.

Should our website available to users, connections and links to other web sites, their only role is to facilitate the search and information for those users, therefore marbelladreams will not accept any
liability for susch use.

marbelladreams check, accuracy and truthfulness of the information provided in this website, however, we can not be responsible for the subsequent changes that can perform, owners, suppliers and third parties.

Equally, marbelladreams will be exempted from any responsibility respect to any complaint, damage or injury that may be cause to the users, for action or services from third parties and / or service providers contracted through our website. We must emphasize, in all services provided by third parties should exist for insurance to cover possible contingencies. The service supplier will be the only responsible on this matter. Also marbelladreams shall not be liable in respect of any complaint, damage or injury that may arise about the user and / or his/her companions by managements or services of third parties and / or service providers contracted through our website web. Note that there must be an insurance against possible contingencies in all services provided by third parties and borne solely by the provider

10.- EARLY RESOLUTION

Our Company may rescind the agreement prior to the expiry thereof without issuing prior notice by denying or withdrawing access to the web page, the services and the content thereof to any Users that fail to comply with the Terms and Conditions hereunder.

11.- TERM AND TERMINATION

The provision of the service of this website has an open-ended term. Notwithstanding the foregoing our Company is entitled to terminate or suspend the provision of the web page service and/or any of the services at any time, without prejudice to what might be provided for with respect thereto in the corresponding Terms and Conditions. When it is reasonably possible, our Company shall give prior notice of the termination or suspension of the provision of the web page service.

12.- JURISPRUDENCE

This agreement shall be governed by the Spanish law, for any litigation between the parties any proceedings will be submitted to arbitration by the local Courts of Marbella (Spain), Waiving any immunity “fuero” or special legislation to that might be applicable.

If a competent court considers that any provision of this agreement was contrary to Spanish law, or that such provisions will be rewritten in ways that reflect as closely as possible the intentions of the parties, while the other provisions shall remain valid and enforceable In the event that any provision of this agreement shall be invalid or unenforceable, the valid or enforceable and the remaining provisions of the Agreement shall remain in force and effect.

These Terms and Conditions are constructed and governed on part by the Spanish Tourism Legislation.

marbelladreams recommends to the private tourist vacation owners that their properties are included in the Tourism Register of Andalusia.

13.- TERMS AND BOOKINGS PROCEDURES AT PRIVATE TOURIST VACATION PROPERTIES

These terms will only apply to vacation homes listed under the heading Holiday Homes . The rest of private tourist vacation properties located at different sections, will be subject to its own standards, set by their respective owners. In case of interest, should consult with them directly and marbelladreams is not responsible for the operation and procedure of any booking made in the aforementioned properties

Maid the first request by any user via the form located within each of the properties Mr. Sunshine, marbelladreams will respond to this, with all necessary details for the confirmation as well as its total amount. Such confirmation involves a pre-payment of 30% of the total stay. The remaining 70% will be paid at check in and cash, along with the delivery of the keys, signing the lease contract, and delivery of the corresponding bond.

BOND (Security deposit on arrival)

On arrival you will also be asked for a security deposit against any possible property damage made during your stay. It will be made in cash. The security deposit will be given to the owner or representative during the check-in. If there is no damage when you leave the property, the owner or representative will give you the money back at check out.

Under no circumstances shall the security deposit be used by users as an excuse for delay in any other payments.

BOOKING CONDITIONS:
Pets are not allowed, except in those properties that so specified. Smoking is not permitted except in those properties that so specified. Each property leads including the maximum possible number of occupants. Do not be permitted under any circumstances exceed the capacity referred to in each case. Bed linen and towels are provided by the owner in all properties. There is no extra charge for this. If cleaning service is required in an apartment or house, there will be a cost determined. Just request this service on your petition. Marbelladreams reserves the right to change the property reserved for another of equal or greater status, in cases of force majeure. In some properties, there is a minimum stay required. In cases where this is not adhered to, will impose a surcharge on the cost of such accommodation. This mentioned surcharge will be specified and notified in our different information and confirmation e-mails.

The total price includes the consumption costs of gas, electricity and water, for rental contracts up to 15 days. For periods longer than the days indicated, such expenses must be billed separately and the user will pay directly to the owner or representative at departure.

INDEMNIFICATION

User holds property owner or representative exempt from any liability arising from any damage or injury that may occur to User and/or guests of User and their collective belongings originated by fixtures and/or structures of the Dwelling House and/or the utilities supplied to the property. Equally, marbelladreams will be exempted from any responsibility on this regard.

marbelladreams will be exempt from liability respect to any damage or injury that may be cause to the users, for action or services from third parties and / or service providers contracted through our website. We must emphasize, in all services provided by third parties should exist for insurance to cover possible contingencies. The service supplier will be the only responsible on this matter.

TERMINATION IN ADVANCE

In the event that the user ends the contract rent in advance, with no breach from marbelladreams, the user shall not be entitled to any reimbursement of the price or any other expenses paid.

14.-INDEMNIFICATION

User holds MARBELLADREAMS owner or representative exempt from any liability for any injury or damage that may occur to the user and / or guests and their belongings, caused by the facilities, equipment, and / or accommodation or another service or activity provided by this website. Equally, marbelladreams shall bear no responsibility in this regard.

15.- COOKIES POLICY

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