LEGAL NOTICE AND TERMS & CONDITIONS

OCEANS OLIVA

1. INTRODUCTION

This document, together with the documents mentioned herein, includes the legal notice and sets out the terms and conditions (hereinafter referred to as “Terms and Conditions“) governing the use of this website: www.oceansoliva.com (hereinafter referred to as the “Website“).

Please read these Terms and Conditions and our Privacy and Cookies Policy (collectively, the “Privacy and Cookies Policies“) carefully before using this Website.

By using this Website, you (the “User” or “Users“) agree to be bound by these Terms and Conditions and our Privacy and Cookies Policy, so if you do not agree to all of the Terms and Conditions and the Privacy and Cookies Policies, you should not use this Website. If you have any questions regarding the Terms and Conditions or the Privacy and Cookies Policies, you can contact us via the contact form on the Website.

2. OUR DETAILS

In accordance with Article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that LAFINCA OCEAN ASSETS, S.L. (hereinafter, “LFOA“) is responsible for the content provided through the Website. Our details are indicated below:

• Commercial Name: LAFINCA OCEAN ASSETS, S.L.
• CIF: B96586946
• Registered office: Paseo del Club Deportivo, 1, Edificio 11, Bajo Izda., Parque Empresarial “LaFinca”, 28223 Pozuelo de Alarcón (Madrid).
• Registry details: Commercial Registry in Volume 16.097, Sheet 145, Page M.-272,636.

3. ACCESS TO AND USE OF OUR WEBSITE

Through the Website, LFOA provides the User with access to and use of various content published via the Internet by both LFOA and authorised third parties.

The User is obliged and undertakes to use the Website and its contents in accordance with current legislation, the Terms and Conditions, and any other notice or instructions made known to you, either through these Terms and Conditions or elsewhere within the contents on the Website, as well as with the rules of coexistence, morality and generally accepted good customs.

To this end, the User undertakes and commits itself not to use any of the content for illicit purposes or effects, prohibited in the Terms and Conditions or under the current legislation, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the contents, computer equipment or documents, files and all kinds of content stored on any computer equipment owned or contracted by LFOA, other Users or any Internet User (hardware and software).

The User undertakes and commits itself not to transmit, disseminate or make available to third parties any type of material contained on the Website, such as information, texts, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, photographs, software, links, graphic design and source codes, or any other material to which you have access as a User of the Website, without this list being exhaustive. Likewise, in accordance with all the above, the User may not:

• Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the written and explicit authorisation of LFOA, which is the owner of the corresponding rights, or if this is legally permitted.
• Deleting, manipulating or in any way altering the copyright and other identifying data of the reservation of rights of LFOA or its owners, of the fingerprints and/or digital identifiers, or of any other technical means established for their recognition.

The User must refrain from obtaining or even attempting to obtain the content by using means or procedures other than those that, as the case may be, have been made available for this purpose or have been indicated for this purpose on the Website where the content is located or, in general, those that are usually used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Website, and/or of the contents.

Given the dynamic and changing environment of the information and services provided through the Website, LFOA makes its best efforts, but does not guarantee the complete veracity, accuracy, reliability, usefulness and/or timeliness of the contents. The information contained in the pages that make up this Website is only for informative, consultative, divulgative and for advertising purposes. In no case do they offer or have the character of a binding or contractual commitment.

4. SERVICES AND RESERVATIONS

Through the Website, Users will be able to obtain information regarding the different offers of holiday rental apartments that LFOA makes available to them and additional services, as well as make bookings.

The User who wishes to make a reservation must provide the requested data through the forms. LFOA informs Users who formalise their bookings, which will be carried out through its supplier AvaiBook, that such bookings are subject to the provisions of the Cancellation Policy, the rules of the establishment and the AvaiBook booking conditions set out by AvaiBook. The User who makes a reservation, in addition to accepting and consenting to the Terms and Conditions of this Website, must accept the terms and conditions of AvaiBook that are included in the formalisation of the reservation.

5. INDUSTRIAL AND INTELLECTUAL PROPERTY

All trademarks, trade names or distinctive signs of any kind, the source code, the graphic designs, the logos, the images of our products, the photographs, the videos, the animations, the software, the texts, as well as the information and content contained in this Website are protected by Spanish legislation on intellectual and industrial property rights in favour of LFOA or third parties who have authorised their use,  and the reproduction and/or publication, in whole or in part, of the Website, or its computer processing, distribution, dissemination, modification, transformation or decompilation, or other legally recognized rights of its owner, is not permitted without the prior written permission of LFOA. The User, solely and exclusively, may use the material that appears on the Website for their personal and private use, and its use for commercial purposes or to engage in illegal activities is prohibited. All intellectual property rights are expressly reserved by LFOA.

LFOA will ensure compliance with the above conditions, as well as the proper use of the content presented on its websites, exercising all civil and criminal actions that correspond to it in the event of infringement or breach of these rights by the User. LFOA is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, videos, textures, graphics, plans and any other content of the Website or, in any case, has the corresponding authorisation for the use of these elements. It is also forbidden to delete, evade or manipulate the copyright and other identifying data of LFOA’s rights, as well as the technical protection devices, or any information mechanisms on the Website.

This will not prevent the User from using this Website to the extent necessary to copy the information about their booking or contact details.

6. PROTECTION OF PERSONAL DATA

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy.

7. HYPERLINKS

Persons or entities who intend to establish hyperlinks from another website to the Website must observe and comply with the following conditions:

• Prior authorization will not be required when the hyperlink only allows access to the home page, but you may not reproduce it in any form. Any other form of hyperlink will require the express and unambiguous written permission of LFOA.
• No “frames” will be created with or on the LFOA Website.
• No false, inaccurate or offensive statements or indications may be made about LFOA, its directors, its employees or collaborators, or about the people who are related to the Website for any reason, or about the Users of the Website, or the content supplied.
• It shall not be stated or implied that LFOA has authorised the hyperlink or that it has supervised or assumed in any way the content offered or made available on the website on which the hyperlink is established.
• The establishment of the hyperlink does not imply the existence of a relationship between LFOA and the owner of the website or portal from which it is made, nor LFOA’s knowledge and acceptance of the services and content offered on said website.

• The website on which the hyperlink is established may only contain what is strictly necessary to identify the destination of the hyperlink.
• The website on which the hyperlink is established will not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties.
• LFOA will not be responsible for the content or services made available to the public on the website from which the hyperlink is made, nor for the information and statements included therein.

In the event that our Website contains links to other websites and materials of third parties, such links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from its use.

8. SITE AVAILABILITY, VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

The User acknowledges to have the knowledge and means necessary to access and use the Website. In addition, it acknowledges that it has checked that the computer configuration used does not contain any viruses and that it is in perfect working condition.

LFOA undertakes to make every effort to ensure that the Website is accessible to its Users at any time. However, LFOA does not guarantee that there will be no interruptions or errors in access to the Website, its contents, or that they are up to date, although it will make its best efforts to avoid, correct or update them, where appropriate. Consequently, LFOA is not responsible for damages of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the service of the Website during the provision of the same or previously.

LFOA excludes, with the exceptions provided for in current legislation, any liability for damages of any kind that may be due to the lack of availability, continuity or quality of the operation of the Website and the contents, and the failure to comply with the expectation of usefulness that Users may have attributed to the Website and the contents.

The function of the hyperlinks that appear on this Website is exclusively to inform the User about the existence of other websites containing information on the subject. Such hyperlinks do not constitute any suggestion or recommendation.

LFOA is not responsible for the contents of these linked pages, the operation or usefulness of the hyperlinks or the result of said links, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the User’s computer system (hardware and software), documents or files, excluding any liability for damages of any kind caused to the User for this reason.

The User must not misuse this Website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful program or material. You will not attempt to gain unauthorised access to this Website, the server on which the Website is hosted or any server, computer or database related to our Website. The User undertakes not to attack this Website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of infringements typified by the applicable regulations. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the identity of the attacker. In addition, in the event of a breach of this clause, you will immediately cease to be authorised to use this Website.

Access to the Website does not imply an obligation on the part of LFOA to check for viruses, worms or any other harmful computer element. In any case, it is the User’s responsibility to provide adequate tools for the detection and disinfection of harmful computer programs, therefore, LFOA is not responsible for possible security errors that may occur during the provision of the Website service, nor for any possible damage that may be caused to the User’s computer system or to third parties (hardware and software), files or documents stored therein, as a result of the presence of viruses on the User’s computer used to connect to the services and contents of the Website, a malfunction of the browser or the use of outdated versions of the same.

Finally, the provision of the Website and content service has, in principle, an indefinite duration. LFOA, however, is authorised to terminate or suspend the provision of the Website service and/or any of the content at any time. Where reasonably possible, LFOA will give prior notice of termination or suspension of the Website.

9. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you be in writing. By using this Website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this Website.

For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition shall not affect your rights recognized by law. All notices and communications by LFOA to the User made by any means shall be deemed effective for all purposes.

10. LIMITATION OF LIABILITY

The information provided by LFOA is for information purposes only. LFOA excludes, within the limits permitted by law, any liability in the event of misuse of the information provided and the consequences that may result, in particular with regard to the decisions that may be taken or actions taken on the basis of such information. As well as for possible typographical errors that may be contained in the documents and graphics of the Website.

Likewise, LFOA does not assume any liability when the breach of its obligations is attributable to the act of a third party or to a case of force majeure (hereinafter, “Force Majeure Event“).

Force Majeure Events shall include any act, event, failure to perform, omission or accident which is beyond our reasonable control and including, but not limited to, the following:

1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, threat of terrorist attack, war (declared or not) threatens war preparations.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

1. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
2. Impossibility of using public or private telecommunications systems.
3. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to comply with these obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.

11. OUR RIGHT TO AMEND THESE TERMS

The information is subject to possible periodic changes without prior notice of its content due to extension, improvement, correction or updating of the Contents. Any changes made will not be retroactive and we will update the “Last updated” date at the bottom of these Terms and Conditions.

If you do not agree with the changes made, we recommend that you do not use our Website.

12. JURISDICTION AND APPLICABLE LEGISLATION

For any questions that may arise regarding the interpretation, application and compliance with these Terms and Conditions, as well as any claims that may arise from their use, all the parties involved submit to the Judges and Courts of Madrid, expressly waiving any other jurisdiction that may correspond to them.

Governing Law: These Terms and Conditions are governed by Spanish law.

13. CONTACT

• Postal address: Paseo del Club Deportivo, 1 – Parque Empresarial La Finca, Edif. 11, Bajo Izquierda, Pozuelo de Alarcón (28223), Madrid, Spain.
• Email: juridico@lafincagrupo.com
• Phone: +34 916 021 200

Last updated: 04/07/2024