1. Purpose and General Information.
This Legal Notice and general conditions of the web (hereinafter, "the Legal Notice) regulates access, use and registration to the website https://www.costasolbnb.com/, to any subdomain of https://www.costasolbnb.com/, to any related application for mobile devices and to any other website (hereinafter, "the web"), that the company makes available to users (hereinafter, the "User(s)" or "you), in its capacity as owner and manager of the same.
The company details are as follows
Name: Carlos Fernandez Gallardo
ID: 44597549C
Address: C/. Meridiana, 73, (Spain) Email: carlos@costasolbnb.com, Registered in the Mercantile Registry of Spain, Volume 11160, page 14, page V-204042, 1st Entry. By using and accessing the Web, regardless of the way it is done, you agree to comply with the Legal Notice to which you will be legally bound. If you do not fully agree with the Legal Notice, you may not use or access the Web. You should review these carefully as they constitute a legally binding agreement between you and the company.
In order to access the Site you must be at least 18 years of age and have full capacity and authority to enter into legally binding contracts. The company reserves the right, at any time, to complete, modify or replace this Legal Notice, as well as any other general or particular conditions, it being understood that the mere publication of such changes on the Web will have notification effects. Therefore, we ask the User to read it carefully each time they access the Portal, refraining from using the Web if they do not agree with any of the established conditions.
2. Rights and obligations of the User.
The website has two different types of Users:
- The owners who advertise their properties on the website, which must be duly registered and comply with the particulars of clause 4 of this Legal Notice; (hereinafter referred to as "Owner User"; "Host").
Users who want to enjoy an apartment (hereinafter, "Guest"). Jointly named; "User" As long as you comply with the Legal Notice, the company grants you the limited, revocable, non-transferable and non-exclusive right to access and use the Web for, and limited to, the following purposes: search for vacations or a rental to short term, reservation or inquiry about vacation reservation or short term lease, if you are a Host of a property or a prospective owner, search and inquiry about the company's services; login to the owner portal for the lease of a property that the company manages or markets pursuant to a contract with you; vacation destination search; any of the actions described above with respect to a person on whose behalf you are legally authorized to act, or for any other purpose that is clearly stated and expressly permitted on the Site.
Access to the Web is the sole responsibility of the Users, and implies accepting and knowing the legal warnings, conditions, and terms of use in force at all times, so they must carefully read this Legal Notice whenever they access the Web. The use of any of the services offered attributes, from the beginning, the condition of User and will be considered express, voluntary and unreserved acceptance of this Legal Notice.
For access to the services of the Web, in everything that is not free of charge or imposes a series of obligations, the User must be of legal age and have the legal capacity and representation necessary to contract.
The use of the services offered on the Web implies that the User has agreed to comply with the requirements of said services and the Legal Notice of the Web. The User who accesses the Web undertakes to comply with this Legal Notice and the special instructions for use that are shown at all times. Likewise, he undertakes to always act in accordance with the Law, good customs and in good faith, using the diligence appropriate to the nature of the service in question. Thus, the User may not make any modification or alteration of the contents of the Web, except for the data that the User has entered, nor in any way harm its integrity or operation. The company may delete or suspend access to the Web to the User who has breached any of the obligations expressed in this Legal Notice. The User who voluntarily fails to comply with any of the foregoing obligations will be liable for all damages and losses that, as a consequence of these, cause to the company.
3. Prohibited activities
The use of the Web for purposes that are not expressly permitted by this Legal Notice or that are contrary to them is prohibited. Prohibited uses of the Site include, by way of example, those listed below. In connection with the use of or access to the Website, you agree not to:
● use the Site or its content for commercial purposes except those specifically authorized;
● copy, transmit, upload or store portions of the content on the Site for purposes not expressly permitted by these Terms;
● use the Site or its content, or attempt to use the Site or its content, in order to violate, circumvent or infringe the rights of the company or any other person or entity including, but not limited to, intellectual property rights, contracts, privacy or publicity rights;
● deep link to any part of the Website without our express written consent;
● use a robot, script, scraper, spider, or other manual or automated means or process to access, crawl, copy, index, harvest, monitor or add content to the Site or any part of the Site except as permitted by us (however, an exception is granted limited to the actions mentioned and prohibited herein, in the case of good faith, for search engines that, for general purposes, use information gathering tools only to display hyperlinks on the Site, provided they do so from an established IP address a range of IP addresses using an easily identifiable agent and complying with the Terms hereof. The term; bona fide, general purpose search engine; does not include sites, search engines or other services that offer classified listings or notices of property leases or management services or other services that represent competition for the company);
●frame, duplicate; or otherwise replicate or incorporate any part or aspect of the Site including, but by way of example the name, logo, Trademarks or Company Confidential Information on another website without our express written consent; sell, offer for sale, transfer or license a part of the Website or its content regardless of its form to third parties, without our express written consent
● use the Website for the purposes of, or in a manner that violates national, local, provincial or state laws or regulations, or other regulations, and court orders; use the Web in a fraudulent manner or under false pretenses including, but not limited to, making reservations or inquiries about reservations under a false name or address or with the wrong age, using a payment method that was not authorized for the accommodation or adopting measures that were considered a computer crime, phishing;
● use the Web to identify, contact or procure a Host or a Guest in order to (1) reserve or request a reservation of a house that does not belong to the services offered by the company or (2) request an owner or a guest who use the services of a third party, thus representing competition for the company;
● use the Web to post or transmit illegal, threatening, abusive, defamatory or libelous, obscene, indecent or sexually explicit material that discriminates or promotes discrimination against individuals or groups, or that promotes illegal activities;
● attempt to modify, adapt, decode, translate, separate, disassemble, edit or reverse engineer the program used by us in connection with the Website;
● take any action that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system we use on the Web or that places an unreasonable load on our servers or for our infrastructure;
● threaten to use the Site to leave negative feedback in order to somehow force the company to offer a refund or an compensation when you do not have an objective and reasonable conviction that you are entitled to said reimbursement or said compensation in accordance with the provisions of this Legal Notice or any other agreement between you and the company;
● hire, promote or assist a person to do or attempt to do any of the above actions.
4. Registration conditions for Owner Users.
To access the private area of the Web, the Owner User must first register. The registration process begins by clicking on the icon at the top right that symbolizes a user (owner access), and filling in the section ;Form for owners;
The Owner User will be asked for a series of personal data and to complete the registration process it is necessary to enter an access code. An access code (also called a password) is a code that only you will know and that once you also enter your email will allow you to log in to the part of the Personal Area intended for registered users.
The access code is personal and non-transferable. The company is not responsible for improper access through the use of the registered user's password, the registered user being responsible for the consequences produced in case of use by an unauthorized person. Likewise, it is responsible for the misuse and unauthorized access that third parties may make through the registered user's password. The company is not responsible for damages caused by improper use of the Web and the part of the Web intended for registered users.
The user undertakes to immediately inform the company in a reliable manner of any password loss, theft or similar that may endanger the confidentiality of the user's password. The password must be modified according to what is established by current regulations.
The company is not responsible for the decisions made based on the information provided on the Web, nor for the damages caused to the User derived from said information.
5. Intellectual and Industrial Property. hyperlinks.
All content, brands, designs, logos, icons, software, trade names, domain names, and any other signs or elements subject to protection by intellectual or industrial property rights that are part of the Web are the property of the company or public domain or third parties who have duly authorized their inclusion in it, and who appear as authors or rights holders.
In no case shall it be understood that any license is granted or that said rights are waived, transferred, transferred, in whole or in part, nor is any right conferred, and in particular, of exploitation, reproduction, distribution, transformation or public communication of said contents without the prior express and written authorization of the company or of the corresponding third parties. Violations of any of the intellectual or industrial property rights referred to in this section will be prosecuted through criminal and civil actions contemplated in current legislation.
Users and, in general, those people who intend to establish a hyperlink between their web page and the Web (Hyperlink) must have the express authorization of the company and comply with the following conditions:
● The Hyperlink will only allow access to the home-page or start page of the Web, or to the specific point authorized by the company;
● A frame will not be created on the web pages of the Web
● No false, inaccurate or incorrect statements or indications will be made about the company, its managers, people and its products;
● It will not be declared or implied that the company has authorized the Hyperlink or that it has supervised or assumed in any way the services offered or made available to the web page where the Hyperlink is established.
● Except for those that are part of the same Hyperlink, the web page in which the Hyperlink is established will not contain any brand, trade name, establishment label, denomination, logo, slogan or other distinctive signs belonging to the company.
● The web page in which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any third-party rights.
The establishment of the Hyperlink does not imply in any case the existence of relations between the company and the owner of the web page in which it is established, nor the acceptance or approval by the company of its contents or services.
6. Additional terms and conditions for specific transactions; conflict between terms
If you choose to book a vacation home rental through the Web, you will use the company to market or manage your property on your behalf or to carry out certain transactions that may be accessible from the Web, you acknowledge and agree that you may have to enter into one or more individual agreements, as well as disclaimers, with additional terms and conditions. In the event of a conflict between this Legal Notice and the terms and conditions of a specific agreement, waiver or service, the terms and conditions of this specific agreement, waiver or service will prevail over this Legal Notice.
7. Exclusion of Liability.
The company reserves the right to interrupt access to the Web, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical, security, control, maintenance, power failures or any other cause. The company is not responsible for the decisions made based on the information provided on the Web, nor for the damages caused to the User derived from said information. The company is not responsible for damages of any kind caused to the User derived from failures in the connection to telecommunications networks that cause the suspension, cancellation or interruption of the Web service or due to force majeure or fortuitous event.
8. Privacy Policy
If you want to know how the company treats your personal data, please consult our; Privacy Policy;
9. Cookies.
In relation to cookies, we ask you to consult our Cookie Policy.
10. Applicable Law.
This Legal and Privacy Notice is governed by Spanish law. For cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Malaga (Spain).