1.- IDENTIFICATION DATA
1.1. GOMERA PROPERTIES SL (hereinafter FINCA GOMERA) is a commercial entity located in the municipality of Llucmajor, in the Camino de Cabo Blanco, Polígono 52, parcela 26 C.P. 07620, and whose CIF is B16513301, telephone (+34) 971940121. The contact e-mail address is: [email protected] This entity is registered in the Mercantile Register of Companies of Mallorca, on page 56 of volume 2701, sheet PM-81091.
1.2. The domain name, owned by FINCA GOMERA, is www.fincagomera.com
2.- PURPOSE AND SCOPE
2.1. These are the general conditions (hereinafter "general conditions") that regulate the access, navigation and use of the websites under the domain www.fincagomera.com (hereinafter "Website"), as well as the responsibilities derived from the use of its contents (hereinafter "contents" means the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property).
2.2. It will be understood that the access or the mere use of the web site by the User implies the adhesion of the User to the general conditions that FINCA GOMERA has published at every moment in which the User accesses the web site. Consequently, it is recommended that the User reads these general conditions carefully and with care. The User is understood to be the person who accesses, navigates, uses or participates in the services and activities, free or onerous, developed on the web site.
2.3. The present general conditions have as an objective to regulate the access, navigation and use of the web site but independently of these conditions, FINCA GOMERA will be able to establish some particular conditions that regulate the use and/or contracting of specific services offered to the Users through the web site. Also, through the web site, FINCA GOMERA will be able to enable third parties to advertise or provide their services. In these cases, FINCA GOMERA will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties, and therefore, will not be considered responsible for them.
2.4. Before using and/or contracting these specific services provided by FINCA GOMERA, the User must read carefully the corresponding particular conditions created for this purpose by FINCA GOMERA. The use and/or contracting of these specific services implies the acceptance of the particular conditions that regulate them in the version published by FINCA GOMERA at the time of the use and/or contracting.
3.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. FINCA GOMERA is the owner or has the corresponding licence over the rights of exploitation of intellectual and industrial property of the web site, as well as the rights of intellectual, industrial and image property over the available contents through the web site.
3.2. In no case will it be understood that the access and navigation of the User implies a renunciation, transmission, license or total or partial cession of these rights on the part of FINCA GOMERA.
3.3. Consequently, it is not permitted to delete, elude or manipulate the copyright notice and any other data identifying the rights of FINCA GOMERA or its owners incorporated into the contents, as well as the technical protection devices, digital fingerprints or any other information and/or identification mechanisms that may be contained in the contents.
3.4. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the web site for public or commercial purposes, without the express written authorization of FINCA GOMERA or, if applicable, of the owner of the corresponding rights.
3.5. This web site publishes its own images with its own copyright for the promotion of the establishment itself
4.1. Access to the website by users is free of charge.
4.2. When it is necessary for the User to register or provide personal data in order to access any of the specific services of the website, the collection, processing and, where appropriate, the transfer or access of the User's personal data will be subject to the provisions of the Confidentiality Policy contained in the website.
5.- USE OF THE WEBSITE
5.1. The contents included in the website are provided only to consumers or end users. Any unauthorized commercial use of the same, or its resale, is prohibited, unless prior written authorization has been obtained from FINCA GOMERA.
5.2. If for the use of a service on the web site, the User should proceed to register, he will be responsible for providing truthful and licit information. If, as a result of the registration, the User is provided with a password, he or she agrees to make diligent use of and to keep the password secret in order to access these services. Consequently, the Users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords that are supplied by FINCA GOMERA, and they undertake not to cede their use to third parties, either temporarily or permanently, nor to allow access to third parties. The User will be responsible for the illicit use of the services by any illegitimate third party that uses a password for this purpose because of a non diligent use or loss of the same by the User.
5.3. By virtue of the above, it is the User's obligation to immediately notify the managers of the website of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are communicated, FINCA GOMERA will be exempt from any responsibility that could be derived from the improper use of the identifiers or passwords by unauthorized third parties.
5.4. The access, navigation and use of the web site is the responsibility of the User, therefore the User commits to diligently and faithfully observe any additional instructions given by FINCA GOMERA or by authorized personnel of FINCA GOMERA regarding the use of the web site and its contents.
5.5. Therefore, the User is obliged to use the contents in a diligent, correct and licit way and, in particular, he commits himself to, in no case and under no circumstances a) use the contents for illegal purposes or effects; b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the User has the authorization of the owner of the corresponding rights or it is legally permitted; c) use the contents and, in particular, information of any kind obtained through the page or the services to send advertising, communications for direct sale purposes or for any other kind of commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to refrain from marketing or disclosing this information in any way. 5.6 With respect to the prices and tariffs of the services, FINCA GOMERA will be able to modify them without previous notice, although the prices offered on the web page will always be respected at the moment that the user requests a reservation. The offers will be valid only during the period established by FINCA GOMERA in the advertising.
6.- LICENSE FOR COMMUNICATIONS
6.1. In the event that the User sends information of any kind to the website, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret or any other third party right, that such information is not confidential and that such information is not harmful to third parties.
6.2. The User recognizes to assume the responsibility and will leave FINCA GOMERA unharmed by any communication that is provided personally or in their name, reaching this responsibility without any restriction the accuracy, legality, originality and ownership of the same.
6.3. The acceptance of the present general conditions implies the exclusive cession by the User of any right of exploitation of intellectual or industrial property that the User may have over the communications that he/she may make through the web site or to FINCA GOMERA.
7.- RESPONSIBILITIES AND GUARANTEES
7.1 FINCA GOMERA does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information provided through the web site.
7.2.As a consequence, FINCA GOMERA does not guarantee nor is it responsible for: a) The continuity of the contents of the web site. b) The absence of errors in these contents nor the correction of any defect that could occur. c) The absence of virus and/or other harmful components in the web site or in the server that supplies it. d) The invulnerability of the web site and/or the impregnability of the security measures that are adopted in the web site. e) The lack of utility or performance of the contents of the web site. f) The damages or prejudices that cause to himself or to a third person, any person that infringes the conditions, norms and instructions that FINCA GOMERA establishes in the web site or through the violation of the security systems of the web site. Nevertheless, FINCA GOMERA declares that it has adopted all the necessary measures, within its possibilities and the state of the technology, to guarantee the operation of the web site and to avoid the existence and transmission of virus and other harmful components to the Users.
8.1. On the website, the User may find links to other websites by means of different buttons, links, banners, etc., which are managed by third parties. FINCA GOMERA does not have the power or human or technical means to know, control or approve all the information, contents, products or services provided by other web sites to which links are established from the web site. Consequently, FINCA GOMERA cannot assume any type of responsibility for any aspect related to the web page to which a link is established from the web site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
8.2. The establishment of any type of link by the own web site to another external web site does not imply that there is any type of relationship, collaboration or dependency between FINCA GOMERA and the person responsible for the external web site.
8.3. Likewise, if any User, entity or web site wishes to establish any type of link to the web site, the following requirements must be met: a) The link can only be directed to the Home Page of www.finca gomera.com, unless there is express written authorization from FINCA GOMERA. b) The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the URL address of FINCA GOMERA http://www.finca gomera.com and must completely cover the entire screen of the Home Page of the web site. In no case, unless FINCA GOMERA authorizes it in an express way and in writing, the web site that makes the link will be able to reproduce, in any way, www.fincagomera.com, to include it as part of its web or inside one of its "frames" or to create a "browser" on any of the pages of the web site. c) In the page that establishes the link it will not be possible to declare in any way that FINCA GOMERA has authorized such a link, unless FINCA GOMERA has done it expressly and in writing. If the entity that makes the link from their page to FINCA GOMERA's own web site correctly wishes to include on their web page the brand, name, commercial name, sign, logo, slogan or any other type of identifying element of FINCA GOMERA and/or the web site, they must previously have their express authorization in writing. d) FINCA GOMERA does not authorize the establishment of a link to the web site from those web pages that contain material, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene morality, public order or generally accepted social norms.
8.4. FINCA GOMERA no tiene facultad ni medios humanos y técnicos para conocer, controlar ni aprobar toda la información, contenidos, productos o servicios facilitados por otros sitios web que tengan establecidos enlaces con destino al sitio web. FINCA GOMERA no asume ningún tipo de responsabilidad por cualquier aspecto relativo al sitio web que establece ese enlace con destino a www.fincagomera.com, en concreto, a título enunciativo y no taxativo, sobre su funcionamiento, acceso, datos, información, archivos, calidad y fiabilidad de sus productos y servicios, sus propios enlaces y/o cualquiera de sus contenidos, en general.
8.5. FINCA GOMERA does not guarantee the legality, reliability and usefulness of the services provided by third parties through this page or on which FINCA GOMERA only acts as an advertising channel.
8.6. FINCA GOMERA will not be responsible for the damages of any nature caused by the services offered by third parties through this page, and in particular, by way of example, those caused by: a) the breach of the law; b) the incorporation of virus or any other computer code, file or program that can damage, interrupt or prevent the normal functioning of any software, hardware or telecommunications equipment; c) the infraction of the intellectual and industrial property rights, of the business secrets, of contractual commitments of any kind. d) the performance of acts that constitute illegal, misleading or unfair advertising and, in general, that constitute unfair competition; e) the lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible; f) the infringement of the rights to honour, personal and family privacy and image of persons or, in general, any type of rights of third parties; g) the unsuitability for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that could be generated in the relationship with third parties; h) the non-fulfillment, delay in the fulfillment, defective fulfillment or termination by any cause of the obligations contracted by third parties and contracts made with third parties.
9.- PROTECTION OF PERSONAL DATA
In accordance with the Organic Law 15/1999 of 13 December, on the Protection of Personal Data, we inform you that the data provided by the user on this web site will be treated by FINCA GOMERA. The user authorizes the automated treatment of the data and these will be treated confidentially and will not be given to third parties outside of FINCA GOMERA. The user is solely responsible for the veracity and correctness of the data provided, and FINCA GOMERA is exonerated from any responsibility in this regard. Likewise, the user is informed about the possibility of exercising the rights of access, rectification, cancellation and opposition, by means of a written request addressed to Gomera Properties, SL, Camino de Cabo Blanco, Polígono 52, parcela 26 de Llucmajor (07620).
10.- DURATION AND MODIFICATION
10.1. FINCA GOMERA can modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way that these general conditions appear or through any type of communication directed to the Users.
10.2. The temporary validity of these general conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified general conditions will become effective.
10.3. Regardless of the provisions of the particular conditions, FINCA GOMERA can terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility of the User demanding any compensation. After this termination, the prohibitions of use of the contents previously exposed in the present general conditions will continue to be in force.
11.1 The headings of the various clauses are for information only and shall not affect, qualify or extend the interpretation of the general conditions.
11.2. In the event of any discrepancy between the provisions of these general conditions and the particular conditions of each specific service, the latter shall prevail.
11.3. If any provision or provisions of these general conditions were to be considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the other provisions of the general conditions or the particular conditions of the different services of FINCA GOMERA.
11.4. The non-exercise or execution by FINCA GOMERA of any right or provision contained in these general conditions will not constitute a renunciation of the same, unless acknowledged and agreed to in writing by the client.
The relations established between FINCA GOMERA and the User will be governed by the provisions of the current regulations regarding the applicable legislation and the competent jurisdiction. Nevertheless, for those cases in which the regulations foresee the possibility of the parties submitting to a jurisdiction, FINCA GOMERA and the User, with express renunciation of any other jurisdiction that could correspond to them, submit themselves to the Courts and Tribunals that, by shift of distribution or by reason of the matter, are competent for the judicial district of Palma de Mallorca, Illes Balears.