Legal

Last Updated January 2020.

THE BUSINESS – FINCA EL OTERO COMUNIDAD DE BIENES

THE BUSINESS REGISTRATION NUMBER (C.I.F. – Certificado de Identificación Fiscal) –  E 54940861

PHYSICAL ADDRESS OF THE COMPANY – CALLE ATALAYA 60, AGUAS DE BUSOT, O3569, ALICANTE

IDENTIFICATION OF THE MERCANTILE REGISTRY (locality, volume, section and sheet) Registered in the Mercantile Registry of Alicante, Volume 3,324, Folio 89, Inscription (first) c with Sheet A-114242

CONTACT WITH FINCAL EL OTERO – info@fincaelotero.net

1. INTRODUCTION

The purpose of this document is to regulate the CONTRACTING CONDITIONS of the Online Pre-Reservation and Reservation facilities of Finca El Otero C.B, with registered address at Calle Atalaya 60, Aigües, 03569, Alicante, through www.fincaelotero.net

The use of these facilities, will imply the full acceptance and validity of every one of the Terms and / or General Conditions of Finca El Otero C.B.

The facility is not intended for minors and does not request or collect information relating to minors.

2. USE OF PRE-RESERVATION AND ON-LINE RESERVATION FACILITIES

2.1. Pre-Reservation Facility

The Online Pre-Reservation service is merely a facility for a prospective customer (USER) by means of consultation to access information for accommodation at Finca El Otero. Any consultation made by a USER will be responded to by Finca El Otero by email within 24 hours of such consultation. The response will state the terms for which a reservation can be offered and allowing the USER the opportunity to accept or reject the offer. The reservation will only be binding once acceptance of the offer has been made in writing by the USER and payment as described in the offer has been received by Finca El Otero.

2.2. On-line Reservation Facility

  1. The on-line facility is for booking accommodation by a USER. The use of this service will imply the full acceptance of the terms and conditions associated to the booking of accommodation at Finca El Otero which will automatically be considered as contractually binding without the necessity for separate written agreement to these terms and general conditions.
  2. Contracting procedure: After having made a booking including having made the corresponding required payment on-line by credit card, the USER will receive an email confirming that the USER’S booking has been processed and is confirmed. This email will serve as proof of the USER’S reservation.
  3. Guarantee: The reservation is confirmed and guaranteed in accordance with the terms and general conditions.
  4. Cancellation of the reservation by either party.

Cancellation by Finca El Otero – In the unlikely event of cancellation of a reservation by Finca El Otero in exceptional circumstances, notice of cancellation will be served by email to the USER. Such notice of cancellation will include confirmation that the USER will be refunded by Finca El Otero to the extent of the full amount which had already been paid by the USER in respective of the booking and will be paid into an account as instructed by the USER within seven days of such instruction.

Cancellation by the USER more than 30 days of the arrival due date – Notice of cancellation must be made in writing by the USER to Finca El Otero. A refund of the full amount which had been paid by the USER in respective of the booking is to be paid to the USER by Finca El Otero. The USER is to confirm bank details by means of written instruction to Finca El Otero as to where the refund is to be paid and such refund will be paid within seven days of such instruction.

Cancellation by the USER within 30 days of the arrival due date at Finca El Otero or non-arrival of the Guest/s at Finca El Otero on the arrival due date – The USER is required to pay the full amount of the reservation accommodation cost due offset to the extent of any deposit already paid in respect of the reservation. The USER is required to pay the amount owing to Finca El Otero into such bank account as directed by Finca El Otero, within seven days of the arrival due date at Finca El Otero.

2.3 Accommodation rates.

The prices related to the reservation will be indicated during the booking process. VAT is applied to prices.

Only prices quoted in writing together with a corresponding term are valid. In the event of the necessity to adjust prices for justifiable reasons, Finca El Otero reserves the right to modify these rates without prior notice, any price adjustments are to be notified to the USER in writing in advance of the Guest’s due date of arrival.

The prices shown at the time of booking include VAT (or equivalent tax) according to the applicable tax rate at the time.

In case the tax rate changes between the date of the reservation and the due date of arrival of the Guest/s which affect the price of the reservation, the tax rate in accordance with tax regulations will be applied to the price of the reservation and the resultant price increase will become payable by the USER.

2.4 Undertaking by the USER

The USER undertakes to use the facility in a manner consistent with the Law, morality, good customs and public order, as well as with the provisions of these Terms and / or General Conditions of contract. As a result, the USER is not obliged to use the services, for purposes or effects that are unlawful and / or contrary to the provisions of these Terms and / or General Conditions of contract, harmful to rights and / or interests of third parties or that, in any way, can damage the facilities

2.5 Operational Modifications

Finca El Otero CB may unilaterally modify, at any time and without prior notice, the services provided, or the Operational, technical and usage conditions of the services. Similarly, USERS, to improve the service and establish an optimum level of quality, may suggest those modifications they deem useful, by contacting the people responsible for the page through the email address: info@fincaelotero.net

3. DATA PROTECTION

In accordance with Organic Law 15/1999, of December 13, on Personal Data Protection and its development regulations, the user is informed that the information provided in the information request or reservation form www.finaelotero.net, as well as those obtained as a result of the subsequent management of the services will be treated and incorporated into a file of responsibility of FINCA EL OTERO CB, which is registered in the Spanish Agency for Data Protection.

The collection and processing of personal data collected in the application form, are intended to process your request for service.

The completion of the corresponding form is not mandatory and has an optional character. The refusal to provide the data requested will mean the non-provision or impossibility of accessing the service for which they were requested.

The user is responsible for the veracity of the Personal Data provided to FINCA EL OTERO CB, and for the communication of any alteration in them.

FINCA EL OTERO CB, undertakes to comply with its obligation of secrecy of personal data and their duty to keep them, and will take the necessary measures to prevent their alteration, loss, treatment or unauthorized access, considering the state of technology.

The user may exercise his rights of access, rectification, cancellation and opposition, in the terms legally established, communicating in writing to FINCA EL OTERO at the following address: Atalaya nº 60, Aguas de Busot (Alicante) Sending an e-mail to info@fincaelotero.net.

The User can at any time exercise the rights of access, rectification, cancellation and opposition of personal data by email to info@fincaelotero.net or by writing to FINCA EL OTERO CB, Calle Atalaya 60, 03569, Aigües (Alicante) together with a photocopy of the user’s ID.

4. COOKIES

4.1 This website system will produce cookies when the user connects to the site.

4.2 Cookies improve this website and provide a better and more personalized service. Specifically, they:

a Make an estimate of numbers and usage patterns.

b Store information about the user’s preferences and customize this website according to the USER’S individual interests.

c Speed up the USER’S searches.

d Recognize the USER upon returning to this site.

4.3 As a result, this system may collect information about the USER’s computer, including, if applicable, IP address, operating system and browser type, for system administration. This is statistical data on how the user navigates this website.

4.4 For the same reason, information can be obtained about the USER’s general use of the Internet through a cookie file which is stored on the hard drive of the computer. Cookies contain information which is transferred to the computer’s hard drive.

4.5 The USER can refuse to accept cookies by activating the settings in the USER’s browser to reject cookies. However, if this configuration is selected, the USER may not be able to access certain parts of the Website or take advantage of any of the services. Unless you have adjusted your browser settings to reject cookies, our system will produce cookies when you connect to our site.

5. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER

5.1 Finca El Otero declares that the industrial property rights (Trademarks, Trade names, etc.) that appear on this Website are owned and / or are legitimately exploited by agreements or licenses of use, being duly protected by the existing Regulations on Industrial Property. The USER undertakes to use the Website in a diligent, correct and lawful manner and undertakes to abstain from:

a Contravening the “copyright”, trademarks and other data identifying the rights of Finca El Otero as well as any information mechanisms that may contain them.

b Use the contents and the information obtained through its Website to send advertising, communications for direct sales or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people.

c 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.

d In general, use the contents in a manner, for purposes or effects contrary to the law, morality and generally accepted good customs or public order. Finca El Otero does not grant any license or authorization of use of any kind on its industrial and intellectual property rights or on any other property or right related to its Website.

5.1 Procedure in case of violation of intellectual property rights.

If any USER or a third party considers that any of the contents has been entered their Website in violation of their intellectual property rights, they must send a notification with full and accurate indication of their data and intellectual property rights. allegedly infringed as well as the Website.

6. RIGHT TO MODIFY THE TERMS AND / OR GENERAL CONDITIONS OF CONTRACT

Finca El Otero reserves the right to modify these Terms and / or General Contracting Conditions, informing users of the modifications made through www.fincaelotero.net.

7. EXCLUSION OF GUARANTEES AND LIABILITY

7.1 Finca El Otero does not guarantee the reliability, availability nor continuity of the services available to the USERS and as such does not take responsibility for any damages and / or deprivation due to the lack of availability, reliability or continuity of the web page or its services.

7.2 Finca El Otero does not take responsibility for any alterations in software or hardware of a USER or persons visiting the website.

8. APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms and / or General Contracting Conditions are governed by Spanish Law. FINCA EL OTERO C.B. and users, for the resolution of any dispute that may arise, with respect to its validity, execution, compliance or resolution, total or partial, are submitted, expressly waiving their own jurisdiction or any other that could correspond to the jurisdiction of the Courts and Tribunals of Madrid.

Legal Notice

In this Legal Notice, the User will be able to find all the information related to the legal conditions that define the relations between the users and the person in charge of the accessible web page at the URL https://www.fincaelotero.net (hereinafter, the Website), which FINCA EL OTERO CB makes available to Internet users.

The use of the website implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice. Consequently, the user of the website should carefully read this Legal Notice on each of the occasions in which he intends to use the website, since the text could be modified at the discretion of the owner of the website, or because of a legislative change, jurisprudential or in business practice.

1.- DATA OF THE RESPONSIBLE HOLDER OF THE WEBSITE

Name of the holder: FINCA EL OTERO CB

Registered office: C / Atalaya 60, 3569, Aigües, Alicante

C.I.F .: E54940861

Contact phone: 608334615

Email: info@fincaelotero.net

FINCA EL OTERO CB, is responsible for the Website and undertakes to comply with all national and European requirements that regulate the use of users’ personal data. This Website guarantees the protection and confidentiality of the personal data that you provide us in accordance with the provisions of the General Regulation of Protection of Personal Data (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 , in the Organic Law 3/2018, of Protection of Personal Data and guarantee of digital rights, as well as in the Law of Services of the Information Society and Electronic Commerce 34/2002 of July 11 (LSSI-CE) Clauses General Data Protection Regulation (GDPR) and the Law on Information Society and Electronic Commerce Services (LSSI-CE).

2.- OBJECT

The Website provides its users with access to information and services provided by FINCA EL OTERO CB to those persons or organizations interested in them. The access and use of the Website attributes the condition of user of the Website (hereinafter, the “User”) and implies acceptance of all the conditions included in this Legal Notice as well as its modifications. The provision of the Website service has a limited duration at the moment in which the User is connected to the Website or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Website, since it and its conditions of use contained in this Legal Notice may undergo modifications.

3.- ACCESS AND USE OF THE WEB

3.1.- Free access and use of the web. Access to the website is free for its users, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.

3.2.- User registration. In general, access and use of the website does not require prior subscription or registration of its users.

3.3.- Users guarantee and respond, in any case, to the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The user agrees to provide complete and correct information on the contact or subscription form. In the case of children under fourteen years of age, the consent of the parents or guardians is required for the processing of their personal data. In no case will data related to the professional, economic or privacy situation of the other family members be collected from the minor, without their consent. If you are under the age of thirteen and have accessed this website without notifying your parents, you should not register as a user. This website respects and takes care of the personal data of the users. As a user you should know that your rights are guaranteed.

4.- CONTRACTING CONDITIONS

The Online Pre-Reservation and Reservation facilities of Finca El Otero C.B through www.fincaelotero.net are outlined as follows:

4.1. Pre-Reservation Facility

The Online Pre-Reservation service is merely a facility for a prospective customer (USER) by means of consultation to access information for accommodation at Finca El Otero. Any consultation made by a USER will be responded to by Finca El Otero by email within 24 hours of such consultation. The response will state the terms for which a reservation can be offered and allowing the USER the opportunity to accept or reject the offer. The reservation will only be binding once acceptance of the offer has been made in writing by the USER and payment as described in the offer has been received by Finca El Otero.

4.2. On-line Reservation Facility

The on-line facility is for booking accommodation by a USER. The use of this service will imply the full acceptance of the terms and conditions associated to the booking of accommodation at Finca El Otero which will automatically be considered as contractually binding without the necessity for separate written agreement to these terms and general conditions.

4.3. Contracting procedure

After having made a booking including having made the corresponding required payment on-line by credit card, the USER will receive an email confirming that the USER’S booking has been processed and is confirmed. This email will serve as proof of the USER’S reservation.

4.4 Guarantee

The reservation is confirmed and guaranteed in accordance with the terms and general conditions.

4.5 Cancellation of the reservation by either party

Cancellation by Finca El Otero – In the unlikely event of cancellation of a reservation by Finca El Otero in exceptional circumstances, notice of cancellation will be served by email to the USER. Such notice of cancellation will include confirmation that the USER will be refunded by Finca El Otero to the extent of the full amount which had already been paid by the USER in respective of the booking and will be paid into an account as instructed by the USER within seven days of such instruction.

Cancellation by the USER more than 30 days of the arrival due date – Notice of cancellation must be made in writing by the USER to Finca El Otero. A refund of the full amount which had been paid by the USER in respective of the booking is to be paid to the USER by Finca El Otero. The USER is to confirm bank details by means of written instruction to Finca El Otero as to where the refund is to be paid and such refund will be paid within seven days of such instruction.

Cancellation by the USER within 30 days of the arrival due date at Finca El Otero or non-arrival of the Guest/s at Finca El Otero on the arrival due date – The USER is required to pay the full amount of the reservation accommodation cost due offset to the extent of any deposit already paid in respect of the reservation. The USER is required to pay the amount owing to Finca El Otero into such bank account as directed by Finca El Otero, within seven days of the arrival due date at Finca El Otero.

4.6. Accommodation rates

The prices related to the reservation will be indicated during the booking process. VAT is applied to prices.

Only prices quoted in writing together with a corresponding term are valid. In the event of the necessity to adjust prices for justifiable reasons, Finca El Otero reserves the right to modify these rates without prior notice, any price adjustments are to be notified to the USER in writing in advance of the Guest’s due date of arrival.

The prices shown at the time of booking include VAT (or equivalent tax) according to the applicable tax rate at the time.

In case the tax rate changes between the date of the reservation and the due date of arrival of the Guest/s which affect the price of the reservation, the tax rate in accordance with tax regulations will be applied to the price of the reservation and the resultant price increase will become payable by the USER.

4.7. Undertaking by the USER

The USER undertakes to use the facility in a manner consistent with the Law, morality, good customs and public order, as well as with the provisions of these Terms and / or General Conditions of contract. As a result, the USER is not obliged to use the services, for purposes or effects that are unlawful and / or contrary to the provisions of these Terms and / or General Conditions of contract, harmful to rights and / or interests of third parties or that, in any way, can damage the facilities

5.- CONTENTS OF THE WEB

FINCA EL OTERO CB may modify the contents without prior notice, as well as delete and change them within the web, such as the way in which they are accessed, without any justification and freely, not being responsible for the consequences that they may cause to the users. The use of the contents of the website to promote, contract or disseminate advertising or own or third-party information without the authorization of FINCA EL OTERO CB, nor to send advertising or information using the services or information that are put to it is prohibited available to users, regardless of whether the use is free or not. The links or hyperlinks that incorporate third parties in their web pages, directed to this website, will be for the opening of the complete web page, not being able to express, directly or indirectly, false, inaccurate or confusing indications, nor incur in unfair or illegal actions in against FINCA EL OTERO CB.

6.- SECURITY MEASURES

The personal data communicated by the user may be stored in automated databases or not, whose ownership corresponds exclusively to FINCA EL OTERO CB, assuming all technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current regulations regarding the protection of personal data. General Data Protection Regulation Clauses (GDPR) and the Information Society and Electronic Commerce Law (LSSI-CE).

7.- LIMITATION OF LIABILITY

Both the access to the website and the non-consensual use that may be made of the information contained therein is the sole responsibility of the user. FINCA EL OTERO CB will not be liable for any consequences, damages or losses that may arise from such access or use. FINCA EL OTERO CB is not responsible for security errors that may occur or for any damage that may be caused to the user’s computer system (hardware and software), or to files or documents stored therein, as a result of:

– the presence of a virus on the user’s computer that is used for connection to the services and contents of the web.

– a malfunction of the browser.

– and / or the use of non-updated versions thereof.

FINCA EL OTERO CB is not responsible for the reliability and speed of hyperlinks that are incorporated into the web for the opening of others. FINCA EL OTERO CB does not guarantee the usefulness of these links, nor is it responsible for the contents or services that the user can access through these links, or for the proper functioning of these websites.

FINCA EL OTERO CB will not be responsible for viruses or other computer programs that deteriorate or may deteriorate the users’ computer systems or equipment when accessing its website or other websites accessed through links on this website.

8.- USE OF THE “COOKIE” TECHNOLOGY

The Website may use cookies or similar technologies that will be governed by the provisions of the Cookies Policy, accessible at all times and respecting the confidentiality and privacy of the user, being an integral part of this Legal Notice.

9.- NAVIGATION

Internet servers may collect unidentifiable data, which may include, IP addresses, and other data that cannot be used to identify the user. Your IP address will be stored in the access logs automatically and for the sole purpose of allowing Internet transit, and it is necessary for your team to provide this IP address when you browse the Internet so that communications can take place. Likewise, the IP address may be used to perform statistics, anonymously, on the number of visitors to this website and their origin, in a completely transparent way to your navigation.

10.- INTELLECTUAL AND INDUSTRIAL PROPERTY

The user knows and accepts that all content and / or any other elements of the website are owned by FINCA EL OTERO CB and undertakes to respect the intellectual and industrial property rights owned by FINCA EL OTERO CB and / or third parties. Any use of the website or its contents must be exclusively private. It is reserved exclusively for FINCA EL OTERO CB, any other use that involves the copying, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the web, so that no user can take carry out these actions without the prior written authorization of FINCA EL OTERO CB.

11.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

This Legal Notice will be interpreted and governed in accordance with Spanish law. FINCA EL OTERO CB and the users, expressly waiving any other jurisdiction that may apply to them, submit themselves to the courts and tribunals of the user’s address for any dispute that may arise from accessing or using the website. In the event that the user has his domicile outside Spain, FINCA EL OTERO CB and the user, submit, expressly waiving any other jurisdiction, to the courts and tribunals of the domicile of Alicante. General Data Protection Regulation Clauses (GDPR) and the Information Society and Electronic Commerce Law (LSSI-CE).