Terms and Conditions
David Luna Barbancho, with DNI 75876254j, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which he intends to comply with the obligations set out in Law 34/2002, of July 11, on Information Society and Electronic Commerce Services (LSSICE), as well as inform all users of the website about what the conditions of use are.
Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
David Luna Barbancho reserves the right to modify any type of information that may appear on the website, without there being any obligation to give advance notice or inform users of said obligations, being understood as sufficient with the publication on the HouseinTarifa website.
1. IDENTIFYING DATA
Company name: David Luna Barbancho
Commercial name: House in Tarifa
VAT number: 75876254j
Address: C/ Bailen nº10 Local
e-mail: apartamentosdluna@gmail.com
2. OBJECT
Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain contents or services, Users will guarantee their veracity, accuracy, authenticity and validity. The company will give said data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents displayed on the Web Space and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and / or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and / or any other elements inserted in the page, which are the exclusive property of the company and /or third parties, those who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such contents, keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to the Web Space imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. The present General Conditions of Use of the Web Space do not confer to the Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of the Web Space and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party holder of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the Web Space, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless you have the prior written authorization of the aforementioned Entity.
It is also prohibited to delete, circumvent and / or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Web Space undertakes to respect the aforementioned rights and to avoid any action that could harm them, reserving in any case the company the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE
The User undertakes to:
1.To make an appropriate and lawful use of the Web Space as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Space; (iii) morality and generally accepted good customs and (iv) public order.
2.Provide yourself with all the means and technical requirements that are necessary to access the Web Space.
3.Provide truthful information by filling in the forms contained in the Web Space with your personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and for the damages caused to the company or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
Make an unauthorized or fraudulent use of the Website and /or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or the documents, files and all kinds of contents stored on any computer equipment.
Access or attempt to access resources or restricted areas of the Web Space, without fulfilling the conditions required for such access.
Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
Introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
Attempt to access, use and/ or manipulate the data of the company, third-party suppliers and other Users.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
To obtain and attempt to obtain the contents using means or procedures other than those that, depending on the cases, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are usually used on the Internet because they do not entail a risk of damage or disablement of the Web Space and / or the contents.
In particular, and merely as an indication and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way is contrary, disparages or violates the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.* Induces, incites or promotes criminal actions, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.* Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.* Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.* Induces or incites to engage in dangerous, risky or harmful practices for health and mental balance.* It is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without the intended use having been authorized.* Is contrary to honor, to personal and family privacy or to people's own image.* Constitutes any type of advertising.* Include any type of virus or program that prevents the normal functioning of the Web Space.
If to access some of the services and / or contents of the Web Space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, pledging not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and / or contents by outsiders. Likewise, he undertakes to notify the company of any fact that may imply an improper use of his password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the above notification, the company will be exempt from any liability that may arise from the improper use of your password, being your responsibility any unlawful use of the contents and / or services of the Website by any illegitimate third party. If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the company from such breach.
6. RESPONSIBILITY
The continued access, nor the correct visualization, downloading or usefulness of the elements and information contained on the website that may be impeded, hindered or interrupted by factors or circumstances that are beyond their control is not guaranteed. It is not responsible for the decisions that may be adopted as a result of access to the contents or information offered.
The service may be interrupted, or the relationship with the User may be resolved immediately, if it is detected that a use of its Web Space, or of any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims or expenses arising from the use of the Website.
It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, we will not be responsible for the damages that may arise, among others, from:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the company.
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
Improper or inappropriate abuse of the Web Space.
Security or browsing errors caused by a malfunction of the browser or by the use of outdated versions of it. The administrator of the web space reserves the right to withdraw, totally or partially, any content or information present in the Web Space.
The company excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by Users of Web Space. It is also exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages due to an illicit or incorrect use of said services, the User may be claimed for the damages caused.
You will keep the company harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Web Space. Likewise, you agree to indemnify against any damages arising from your use of ”robots“, ”spiders“, ”crawlers" or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. HYPER
The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Web Space, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.
The Web Space may include links to other web spaces, managed by third parties, in order to facilitate the User's access to the information of collaborating and / or sponsoring companies. Accordingly, the company is not responsible for the content of such Web spaces, nor is it in a position of guarantor or /or offering party of the services and/ or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. The Web Spaces that include a link to our Web Space (i) may not falsify their relationship or claim that such a link has been authorized, nor include trademarks, denominations, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) may not link to any page of the Website other than the main page; (iv) must link to the address of the Website itself, without allowing the Website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Web Space. The Company may request, at any time, to remove any link to the Website, after which it must immediately proceed to its removal.
The Company cannot control the information, contents, products or services provided by other Web Spaces that have established links to the Web Space.
8. DATA PROTECTION
To use some of the Services, the User must first provide certain personal data. The company will automatically process this data and apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use the “cookie” technology in the Web Space, in order to recognize you as a frequent User and customize the use you make of the Web Space by pre-selecting your language, or more desired or specific contents.
The cookies collect the user's IP address, and Google is responsible for processing this information.
Cookies are files sent to a browser, by means of a Web server, to record the User's navigation in the Web Space, when the User allows its reception. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser to expand this information.
Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide contents and offer the browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control the progress and number of entries.
10. DECLARATIONS AND GUARANTEES
In general, the contents and services offered on the Website are of a purely informative nature. Therefore, by offering them, no guarantee or declaration is granted in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy, or merchantability, except to the extent that such declarations and guarantees cannot be excluded by law.
11. FORCE MAJEURE
The company will not be responsible at all in case of impossibility to provide service, if it is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
12. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION
The present General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the Person responsible for the website.
In the event that any provision of these General Conditions of Use proves unenforceable or invalid by virtue of applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity will not make these General Conditions of Use unenforceable or invalid as a whole. In such cases, the company will proceed to the modification or replacement of said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.