Legal Notice
1. LEGAL INFORMATION AND ACCEPTANCE
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company's identification details are set out below. This Internet portal is made available to users by the entity, whose identification details are:
- Company Name: Cubos Holiday Homes S.L.
- C.I.F .: B93560431
- Registered Office: Calle Guerrero Gajete no 13, 29120 Alhaurín El Grande, Málaga
- Telephone: +34 951 576 919
- Email: holiday@cuboshomes.com
- Registry data: Malaga Trade Register T 5642, L4549, F56, S8, HMA140718, I/A
1(25.07.17)
This legal notice sets out the general conditions governing access to and use of this website, hereinafter "the website". The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses the website, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users. Certain services are exclusive to our customers and access to them is restricted.
The use of the Portal confers the condition of Portal user (hereinafter, the 'User') and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.
Certain Portal services accessible to Internet users or exclusively for Cubos Holiday Homes S.L. customers may be subject to special conditions, regulations and instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
This website and its contents are protected by current legislation on intellectual property.
Cubos Holiday Homes S.L. is the owner or licensee of all intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of Terms and Conditions, is expressly prohibited.
The trademarks, trade names or logos are the property of Cubos Holiday Homes S.L., whether industrial or intellectual property, and it may not be construed that access to the Portal confers any rights over the aforementioned trademarks, trade names and/or logos.
All products and services on these pages that are NOT the property of Cubos Holiday Homes S.L. are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the Cubos Holiday Homes S.L. website for promotional and information- gathering purposes. These owners may request the modification or deletion of information belonging to them.
3. CONDITIONS OF USE OF THE PORTAL
3.1 GENERAL
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Cubos Holiday Homes S.L. or to third parties for any damages that may be caused as a result of non-compliance with this obligation.
It is expressly forbidden to use the Portal for purposes harmful to the property or interests of Cubos Holiday Homes S.L. or third parties or which in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Cubos Holiday Homes S.L. or third parties.
3.2 CONTENTS
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example, the User, in accordance with current legislation, must abstain from:
- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorised by law or expressly consented to by Cubos Holiday Homes S.L. or by whoever holds the ownership of the exploitation rights, as the case may be.
- Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
- Extract and/or reuse all or a substantial part of the Content of the Portal and of the databases that Cubos Holiday Homes S.L. makes available to Users.
3.3 INTRODUCTION OF LINKS TO THE PORTAL
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:
The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copy of texts, graphics, etc.).
It shall be prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are viewed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Cubos Holiday Homes S.L. or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statement of any kind may be made from the page which introduces the link about Cubos Holiday Homes S.L., its partners, employees, clients or about the quality of the services it provides.
Under no circumstances will it be stated on the page where the link is located that Cubos Holiday Homes S.L. has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of Cubos Holiday Homes S.L. within the page of the sender is prohibited except in cases permitted by law or expressly authorised by Cubos Holiday Homes S.L. and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may under no circumstances provide or link to its own or third party content that: (I) is illicit, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or could induce in the User the false conception that Cubos Holiday Homes S.L. subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; (III) are inappropriate or irrelevant to the activity of Cubos Holiday Homes S.L. in view of the place, content and subject matter of the sender's web page.
4. EXCLUSION OF LIABILITY
4.1. OF THE INFORMATION
Cubos Holiday Homes S.L. cannot be held responsible for decisions taken on the basis of information provided on the website, nor for any damages caused to the User or third parties as a result of actions based solely on information obtained from the website.
4.2 QUALITY OF SERVICE
Access to the Portal does not imply any obligation on the part of Cubos Holiday Homes S.L. to check for the absence of viruses, worms or any other harmful computer element.
It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.
Cubos Holiday Homes S.L. accepts no responsibility for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 AVAILABILITY OF THE SERVICE
Access to the Portal requires services and supplies from third parties, including transport via telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of Cubos Holiday Homes S.L. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or at the same time as the Portal service is provided.
Cubos Holiday Homes S.L. accepts no liability for any damage or loss of any kind caused to the User as a result of faults or disconnections in the telecommunications networks which lead to the suspension, cancellation or interruption of the service of the Portal during the provision of the same or prior to the same.
4.4 CONTENT AND SERVICES LINKED THROUGH THE PORTAL
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, 'Linked Sites'). In these
cases, Cubos Holiday Homes S.L. acts as a provider of intermediary services in accordance with article 17 of Law 34/2002 of 12 July 2002 on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify Cubos Holiday Homes S.L. in accordance with the procedure and effects established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of Cubos Holiday Homes S.L. with the statements, content or services provided.
Cubos Holiday Homes S.L. has no knowledge of the contents and services of the Linked Sites and therefore cannot be held responsible for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage which is not directly attributable to Cubos Holiday Homes S.L..
5. DATA PROTECTION
You can consult our Data Protection Policy to find out how we use your personal data.
6. REPORTING OF ACTIVITIES OF AN UNLAWFUL AND INAPPROPRIATE NATURE
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Cubos Holiday Homes S.L. indicating the following points:
Personal data of the caller: name, address, telephone number and e-mail address;
Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;
In the case of infringement of rights, such as intellectual and industrial property rights, the personal data of the holder of the infringed right when this is a person other than the communicator.
It must also provide proof of the right holder's entitlement and, where applicable, of representation to act on behalf of the right holder when he/she is a person other than the communicating party;
Express declaration that the information contained in the claim is accurate.
Receipt by Cubos Holiday Homes S.L. of the communication provided for in this clause does not imply, in accordance with the provisions of the LSSI, actual knowledge of the activities and/or content indicated by the communicating party.
It must also provide proof of the right holder's entitlement and, where applicable, of representation to act on behalf of the right holder when he/she is a person other than the communicating party.
7. NOTIFICATIONS
All notifications and communications made by the parties shall be valid in accordance with the means permitted by law. Those relating to this Portal shall be considered effective, for all purposes, if they are made through the Portal itself.
8. MODIFICATIONS
Cubos Holiday Homes S.L. reserves the right to make any changes it deems appropriate to its website without prior notice, and may change, delete or add content and services provided through the website and the way in which they are presented.
In addition, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.
9. SOCIAL NETWORKS
Cubos Holiday Homes S.L. is present on various social networks and platforms, therefore, when accessing any of these or other networks, it must be taken into account that the applicable conditions of use are those that each platform has established, in which Cubos Holiday Homes S.L. does not intervene.
10. LEGISLATION
The relationship between the User and Cubo's Holiday Homes, S.L. shall be governed by the regulations in force and applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their disputes to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, Cubo's Holiday Homes, S.L. informs you that, in the event of a dispute, Users resident in the European Union may use the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out of court any dispute arising from the provision of services by Cubo's Holiday Homes, S.L.
To access the "Online Dispute Resolution Platform" you can do so via the following link:
http://ec.europa.eu/consumers/odr/