(Last update December 2019)
SPANISH UNIQUE is a registered trademark of TRAVELOOC S.L. which is the company responsible for this Legal Notice.
1. OWNERSHIP OF THE PLATFORM
TRAVELOOC, S.L. located at Calle Villalar, 6, 28001, Madrid, Tax ID no. B87732921, and registered in the Trade Register in Volume 35473, Folio 140, Section 8, Sheet M-637607 with email address for contacting purposes email@example.com (hereinafter referred to as the “Owner”) is the owner of the online platform www.spanishunique.com (hereinafter referred to as the “Platform”).
The name of the domain you have entered to access the Platform is property of the Owner. Such domain name cannot be used with relation to other content, products and/or services that are not property of the Owner, nor in a way that may lead to confusion among the final users or to discredit of the owner.
This legal notice establishes the general conditions regulating the access, web surfing and use of the Platform. It also regulates the web content (as defined in Clause 6), without prejudice to the possibility of the Owner establishing specific conditions to regulate the use, provision and consumption of services offered through the Platform.
The Owner reserves the right to suspend or interrupt the access to the products, services and/or content of the Platform, at any time and without prior notice. The Owner also reserves the right to suspend or interrupt the Platform’s configuration and functions for the maintenance, repair, update, improvement and/or adaptation to legal, operational and/or technical changes, without any possibility to complaint nor to seek compensation on the part of the user. After the period of suspension or interruption, the prohibitions, restrictions and limitations previously outlined in this Legal Notice will still apply.
3. ACCESS AND USE OF THE PLATFORM
Unless expressly provided otherwise, access and use of the Platform on the part of the users is freely available and free of charge. Nevertheless, the Owner reserves the exclusive right to decide whether the access and use of products and services through the Platform will be charged or not. In case of being charged the price, method of payment and other specific conditions will be expressly notified to users before their entry into force, so that the user may voluntarily relinquish access and/or the provision of such products and services that imply the payment. Once the terms and conditions have been expressly notified without relinquish, the access and use of the products and services on the part of the user may imply the express acceptance of the specific conditions.
The use, provision and/or consumption of the products and services that may be offered by the Owner through the Platform may be subject to previous acceptance of formal requirements, such us the registry as user, the filling out of the corresponding forms, the formalization of the subscription, the payment of expenses or taxes and/or the previous acceptance of specific conditions which apply to these.
In the event that the user needs to register in order to use, provide and/or consume any of the products and services offered through the Platform, he/she will be responsible for the veracity and update of the data provided, thus guaranteeing the authenticity of the same. If as a result of the registration the user is given an identifier and a password, the user thereby is bound to use it diligently and keep this password secret. As a consequence, users are committed not to share their password to third parties, either temporarily or permanently, nor to provide access to others. The use and or contracting of products or services by illegitimate third parties acquired due to a negligent use of a password given to a third party and or the loss of the password by the User, will be the ultimate responsibility of the User, unless the user has immediately informed the Owner.
With reference to the abovementioned issue, it is the User's duty to notify the Owner with immediate effect of any circumstances which may led to the improper use of the identifying data and/or passwords, such as theft, loss or non-authorized access, so that the Owner can proceed to their immediate cancellation. For as long as these circumstances are not communicated to the Entity, the Entity will be exempt from any responsibility which could derive from the improper use of the identifying data or passwords by non-authorized third parties.
In all cases, the access, navigation and use of the Platform, and the use or contracting of the services or products offered through the Platform, is the sole and exclusive responsibility of the User. The User is therefore bound to diligently and faithfully observe any additional instruction given by the Owner or by the Owner's authorized employees in relation to the Platform's use and its contents.
The User is therefore bound to use the contents, products and services offered through the Platform in a diligent, correct and licit manner, complying with current legislation and in particular, agree to abstain from:
Using them in ways which are against the law, morality and generally accepted good manners or public order and against instructions given by the Owner.
Using them in a way which harms the legitimate rights of third parties.
Using them with publicity purposes or any form of communication which has direct sales purposes or with any other commercial aim, non-solicited messages aimed at a group of people, independent of their finality, as well as abstaining from commercializing or circulating in any way this information, unless the Owner has given previous consent.
Using them in ways that may harm, disable, overcharge or deteriorate the Platform or prevent its normal use and benefit on the part of the users.
The user will respond before the Owner and/or before third parties for any harm or damage caused as a result of the infringement of the obligations stipulated in this clause.
4. EXEMPTION FROM LIABILITY
The platform may contain information, opinions, advices, warnings and statements provided by various information sources that are out of reach of the Owner, including those that may have been provided by any user of the Platform. The Owner is not responsible for the decisions of the users based on the information provided through the platform, thus being the user’s sole and exclusive responsibility. Any content published on the Platform should be understood for information purposes exclusively. The Owner does not guarantee nor becomes responsible for the accuracy, reliability, utility or veracity of the above-mentioned contents, nor guarantees the continuity, precision or accuracy of the contents and the results obtained through their use, and shall not be responsible before the users or any other third party.
To the maximum extent permitted by applicable law, the Owner does not guarantee neither shall be liable for:
The continuity of the Contents in the Platform and/or the lack of availability or access to the platform nor its technical continuity;
The existence of interruptions or errors in the access to the Platform, as well as technical issues or failures that arise during the Internet connection;
The lack of errors or inaccuracies in the Platform Contents, products or services;
The lack of viruses and other components that could be harmful to the Platform or to its server;
The invulnerability of the Platform and/or the impregnability of the undertaken security measures;
The reliability and adequacy, for a specific purpose or aim of the Platform, the products or services it includes and of the information published and/or provided related to such products or services;
When appropriate, the lack of usefulness, benefit or performance of the Platform’s Contents or services
The damages caused, to himself or to a third party, by any person who violates the terms, conditions of rules that the Owner has established for the Platform, or through the breach of its security systems;
Any other damage that could be caused by any reason inherently related to the non-functioning or malfunctioning of the Platform, or of the websites to which it has established links;
The inaccuracy of the data provided by the users, especially regarding under-age users.
Notwithstanding the above, the Owner declares that it has adopted all necessary measures, within its reach and within the state of technology, in order to guarantee the smooth functioning of the Platform and to avoid the existence and transmission of viruses and other damaging components which could potentially harm users.
The Owner tries its best to avoid errors in the contents published in the Platform. The Owner will not be held responsible for the consequences which could be derived from the errors in the contents published by third parties on the Platform if the Owner has not been informed on the same. The Owner will neither be held responsible for the possible security errors or disconnections that may happen, or any possible damage of the user’s computer system (hardware and software), or the files or documents that are kept in it, caused by the presence of a virus in the computer used for connecting to the platform, or by the malfunction of the browser or the use of non-updated versions.
5. PROHIBITIONS AND RESTRICTIONS
All communication or transmission of information that infringes third party rights is prohibited. As well as threatening, obscene, defamatory, pornographic or racist content, content which goes against personal dignity, children’s rights or current legislation, or any conduct that provokes or constitutes a criminal offense.
Likewise, the inclusion and communication by users of contents, which are false or inaccurate and which may mislead the rest of the users or the Owner’s staff, is prohibited. Notably, users shall not disseminate through the platform those contents which are protected by third parties intellectual and industrial property rights, if they violate the current legislation, if they do not have the authorization of the Owner, if they undermine or harm the Owner’s reputation, and are considered as illegal, misleading or unfair advertising and/or contain viruses or any other electronic element which could harm or hinder the functioning of the platform, the net, the Owner’s or third party’s IT equipment or the access to the platform by the rest of the users.
If the User violates any of the above-mentioned prohibitions, or the Owner has reasonable grounds to suspect that a User has violated any of them, the Owner reserves the right to cancel or suspend the User’s account and to deny current and future access and use of the platform (or any part of it) and/or of the products or services it offers.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Owner is the holder of and has obtained the corresponding license on the rights relating to intellectual property and image rights pertaining to the contents available through the Platform, to list but a few (non-exhaustive list), the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, indices, images, brands, logos, expressions and information and in general, any other creation which is protected by national regulations and international treaties on intellectual property (hereinafter referred to as the Contents).
The Owner reserves all the exploitation rights over the descriptions, images, videos, sound reproductions, and any other material that the users publish in the Platform (the “Contributions”), on a perpetual basis and worldwide, permitting its assignment to third parties, in accordance with the provisions provided by the Owner in the Platform. Notably, users shall not modify, copy, reproduce, publicly communicate, transform, distribute or exploit in any other way the whole or part of the Contents included in the Platform, if it causes any damage to the Owner or third party holders.
Access to and navigation by the Platform's user, as well as access and use of any of the products and services provided by the same, will in no case be understood as a relinquishment, transmission, license or total or partial transfer of the rights previously outlined by the Owner, unless expressly established otherwise in the specific conditions regulating the use, provision and/or consumption of the products and services provided by the Platform. Consequently, it is not allowed to delete, evade or manipulate ownership rights (“copyright”) and whichever identifying data of the right owners, be it the holders within the Entity or any other holders, as well as those technical protection mechanisms, fingerprints or whichever information or identification mechanisms which could appear in these Contents.
Regarding any press reviews offered in the Platform on the products and/or services of the Owner, the Owner recognizes in favor of the third-party holders, the corresponding intellectual and industrial property rights, without implying by any mention or inclusion thereof in the platform, the existence of any rights on the part of the Owner with respect to the aforementioned reviews.
Likewise, any trademarks, trade names, logos or any other distinguishing marks that appear in the Platform shall be protected by law.
The use, exploitation and/or unauthorized use of the Contents by the users, as well as any act of similar nature resulting in the infringement of the Owner’s and/or third parties’ intellectual or industrial property rights, shall result in the liabilities established by law.
The Owner can offer direct or indirect links to other Internet websites which are outside the Platform. The presence of these links in the Platform, does not imply the existence of a commercial link or relationship with the entity owning the website to which the link is offered. In these cases, the Owner will not be responsible for establishing general conditions to be taken into account in the use, provision or contracting or these services by third parties and as such, cannot held responsible for these.
The Entity will not take any responsibility for any aspect relating to these websites linked to through the Platform, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and or any of their contents in general.
8. DATA PROTECTION
The headings of the different clauses only have an informative nature and do not affect, qualify or modify the interpretation of this Legal Notice.
For any communication with the Owner, the User will have to contact with the Entity through the contact details stated in Clause 1, preferably by email. In any event, communications from the Owner to the User will be done preferably via email, using for that purpose the contact information provided by the User. The User therefore expressly accepts the use of the email address provided as a valid mean for the exchange of information between the Entity and the User.
The Owner reserves the right to modify this Legal Notice and/or the particular conditions which may have been established for the use and or contracting of the products and services provided through the Platform, when it considers it appropriate and in order to adapt and comply with any changes in legislation, business and in technology. Texts will be valid and take effect from the moment they are published on the Platform or once the users have been informed on the terms provided on the abovementioned publication.
Where there is discrepancy between what is established in this Legal Notice and between the conditions which can be established in relation to products or services offered in the Platform, what is established in the conditions will prevail.
Where one of the provisions laid down in this Legal Notice could be considered as not being totally or partially binding by a Court of Law or by a recognized administrative body, the nullity will not affect the other provision contained in this Legal Notice nor any other provisions which have been established.
Where the Entity does not exercise one of the rights contained in this Legal Notice, this will not constitute a relinquishment to this right, unless expressly stated in writing.
10. GOVERNING LAW AND JURISDICTION
This legal notice will be governed and interpreted according to the Spanish legislation.
Any dispute, claim or discrepancy which could arise with regards to the interpretation, execution and/or resolution of this Legal Notice will be governed by the Courts of Madrid.
© Spanish Unique © TRAVELOOC, S.L. All rights reserved.
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Lo que dicen de nosotros
“FUE NUESTRA AGENCIA EN INGLATERRA LA QUE NOS CONVENCIÓ PARA HACER ESTE VIAJE POR SEGOVIA Y TOLEDO. NOS HA ENCANTADO, EN ESPECIAL LA BODEGA, VER SOPLAR EL VIDRIO Y EL APRENDER A CORTAR EL CORDERO CON UN PLATO. DOS DÍAS PERFECTOS”
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“EXPERIENCIA INOLVIDABLE QUE NOS HA PERMITIDO CONOCER MADRID MUY A FONDO. EL PALACIO REAL ES MAJESTUOSO Y EL MUSEO DEL PRADO ES UNA JOYA Y LO VIMOS SIN ESPERAR COLAS. NUNCA HABÍAMOS COMIDO CHURROS Y SON DELICIOSOS. RECOMENDARÍA SIN PENSARLO A SPANISH UNIQUE”