1.- OBJECT.
The present general conditions of use (hereinafter GCU), regulate the access and use of the Website under the domain www.magicjavea.com (hereinafter Website), ownership of “MAGIC ALQUILERES DE JAVEA S.L.” (from now on MAGIC ALQUILERES DE JAVEA), made available to users (hereinafter User/s).
If you have any doubts or queries related to the use and access to the Website or to the present GTU, you can contact us through the contact details published in the Legal Notice.
2.- CONFORMITY WITH THESE GENERAL CONDITIONS.
The use of the Website implies full acceptance by the user of the User of the GTU in force at any given time when the User access to it. Therefore, if you do not agree with any of the conditions set forth herein, you should refrain from using this Website.
The User must therefore read the TOU carefully each time he/she intends to use the Website.
In any case, MAGIC ALQUILERES DE JAVEA reserves the right to modify, without prior notice and at any time, the TOU. It also reserves the right to, MAGIC ALQUILERES DE JAVEA reserves the right to suspend, discontinue or cease operation of the Website at any time.
For "use of the Website"means any User who accesses and browses the Website, regardless of whether or not he/she fills in the registration forms.
3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
Access to the Website and/or the Content included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Content included therein for the particular or specific purposes of the Users.
MAGIC ALQUILERES DE JAVEA may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by Users in all cases.
3.1- Access and Use of the Website.
Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.
The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained in the Website and to always act in accordance with the law, good customs and the requirements of good faith, using his or her best efforts taking into account the nature and consideration of the service he or she enjoys. To this effect, you will refrain from using the Website in any way that may impede, damage or deteriorate the normal functioning of the same, the goods or rights of MAGIC ALQUILERES DE JAVEA, its suppliers, its distributors, the rest of the Users or any third party in general.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes to use the Website:
a) Not to enter, store or disseminate on or from the Website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, the regulations in force.
b) Not to introduce, store or disseminate through the Website any computer programme, data, virus, code or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of MAGIC ALQUILERES DE JAVEA, of any User, of the Suppliers or Distributors of MAGIC ALQUILERES DE JAVEA or in general of any third party, capable of causing any type of alteration or preventing the normal operation of the same.
c) Not to enter, store or disseminate through the Website any content that infringes the intellectual or industrial property regulations or the rights of third parties, or in general any content that it does not hold, in accordance with the law, the right to make available to third parties.
3.2- Access and Use of Content.
The Contents of the Website are made available to the User with information from both own and third party sources.
MAGIC ALQUILERES DE JAVEA endeavours to ensure that the Contents are of the highest possible quality and are reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
No intellectual or industrial property rights over the Website or any of its constituent elements are transferred by means of these GTU, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying out activities of a commercial or professional nature. The User must abstain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User User must at all times respect all intellectual and industrial property rights over the Website, owned by MAGIC ALQUILERES DE JAVEA or third parties.
5.- EXCLUSION OF WARRANTIES AND LIABILITY.
5.1.- Exclusion of Warranties and Liability for the Functioning of the Website.
MAGIC ALQUILERES DE JAVEA does not guarantee the availability and continuity of the operation of the Website and the services or Contents offered therein, nor that the contents of the Website are up to date, and is exempt from any liability for damages of any kind that may arise from such circumstances.
MAGIC ALQUILERES DE JAVEA will carry out, provided that there are no circumstances that make it impossible or difficult to carry out and as soon as it becomes aware of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, re-establishing communication and/or updating the aforementioned contents.
Likewise, MAGIC ALQUILERES DE JAVEA does not guarantee the technical reliability of its Website, nor the access to its different pages, being exonerated from any responsibility for damages of any nature that may arise for this reason.
Furthermore, MAGIC ALQUILERES DE JAVEA accepts no responsibility for any possible errors or security deficiencies that may occur due to the use by the User of a browser with an outdated or insecure version of the browser or for any damage, errors or inaccuracies that may result from the malfunction of the browser.
In order to reduce the risk of the introduction of viruses on the Website, it uses virus detection programmes to control all the Contents that it introduces on the Website. However, MAGIC ALQUILERES DE JAVEA does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to MAGIC ALQUILERES DE JAVEA that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, MAGIC ALQUILERES DE JAVEA shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
MAGIC ALQUILERES DE JAVEA adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, MAGIC ALQUILERES DE JAVEA does not guarantee that unauthorised third parties may have access to the type of use or browsing of the Website by the User or the conditions, characteristics and circumstances in which it is carried out. Consequently, MAGIC ALQUILERES DE JAVEA shall in no case be liable for any damages that may arise from such unauthorised access.
MAGIC ALQUILERES DE JAVEA shall not be liable under any circumstances for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may derive from the same.
5.2.- Exclusion of Warranties and Liability for the Contents.
MAGIC ALQUILERES DE JAVEA does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of said Contents, nor for the Contents owned by MAGIC ALQUILERES DE JAVEA. MAGIC ALQUILERES DE JAVEA shall in no case be liable for any damages that may arise from: (i) the lack of lawfulness, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own; (ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limitation the loss of profits or business opportunities.
6.- HYPERLINKS.
Persons intending to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:.
i) Prior authorisation shall not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink shall require the express and unequivocal written authorisation of MAGIC ALQUILERES DE JAVEA.
ii) The web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The web page on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights.
iv) MAGIC ALQUILERES DE JAVEA reserves the right to block hyperlinks to the Website that do not have express prior authorisation, even if they comply with the provisions of this point of the General Conditions.
7.- ACTIONS IN CASE OF NON-COMPLIANCE.
MAGIC ALQUILERES DE JAVEA reserves the right to take any actions available by law to demand the responsibilities derived from the breach of any of the provisions of these General Conditions of the Website by a user.
8.- PARTIAL NULLITY
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION.
These TOU shall be governed by the provisions of Spanish law.
Any dispute relating to the conditions of use and access to this Website contained in this document of the Website's GTU, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Denia.
10.- NOTIFICATIONS.
MAGIC ALQUILERES DE JAVEA designates the address specified in the Legal Notice as the contact address.
The e-mail address provided by the User during the registration process on the Website will be used by MAGIC ALQUILERES DE JAVEA for the purpose of sending notifications to the User.
The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.
All Notifications made by MAGIC ALQUILERES DE JAVEA to the User shall be considered validly made if they have been made using the data and through the aforementioned means. MAGIC ALQUILERES DE JAVEA shall not be held responsible for any damage that may be caused by the User's failure to keep their contact details up to date.