LEGAL NOTICE AND GENERAL TERMS OF USE
1. IDENTIFYING DATA OF THE WEBSITE OWNER
In compliance with the information duty stipulated in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), the following identifying data of the owner of this website www.tripalicante.com (hereinafter, the "Website") are communicated:
- Company Name: MATINAL TOURS S.L. (hereinafter, the "COMPANY")
- Tax ID: B54077755
- Registered Address: C/ DEL CARMEN 79 1ºD - 03550 SAN JUAN, ALICANTE, SPAIN
- Registry Data: Commercial Registry of Alicante, Volume 3007, Folio 183, Sheet A-96465, Entry 1
- Main Activity: Tourist Receptive Services Agency
- Contact Email: info@tripalicante.com
- Contact Phone: 661384139
2. PURPOSE AND SCOPE OF APPLICATION
These General Terms of Use regulate access, navigation and use of the Website, as well as the responsibilities derived from the use of its contents (understanding by "contents" 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).
Access or mere use of the Website attributes the condition of User (hereinafter, the "User") and implies full and unreserved acceptance of each and every one of these General Terms of Use included in this Legal Notice. The COMPANY reserves the right to unilaterally modify these conditions at any time and without prior notice. It is recommended that the User carefully read this Legal Notice each time they access the Website.
3. ACCESS AND USE OF THE WEBSITE
Access to the Website by Users is free and gratuitous, except for the cost of connection through the telecommunications network supplied by the access provider contracted by Users.
The User undertakes to make adequate and lawful use of the Website and its contents, in accordance with applicable legislation, these General Terms of Use, morality, generally accepted good customs and public order.
The User must refrain from:
- Making unauthorized or fraudulent use of the Website and/or contents for illicit purposes or effects.
- Accessing or attempting to access restricted resources or areas of the Website without meeting the required conditions.
- Introducing or spreading computer viruses or any other physical or logical systems on the network that may cause damage to the COMPANY's systems, its suppliers or third parties.
- Causing damage to the physical and logical systems of the Website, its suppliers or third parties.
- Reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the rights holder or legally permitted.
- Attempting to access, use and/or manipulate data from the COMPANY, third-party suppliers and other Users.
- Deleting, hiding or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or third parties incorporated into the contents, as well as technical protection devices or information mechanisms that may be inserted.
- Obtaining or attempting to obtain contents using means or procedures other than those made available or expressly indicated on the web pages where the contents are found or, in general, those commonly used on the Internet as they do not pose a risk of damage or disabling of the website and/or contents.
The User guarantees the authenticity and timeliness of all data communicated to the COMPANY and will be solely responsible for false or inaccurate statements made.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The COMPANY owns or, where applicable, has the corresponding licenses for the exploitation rights of intellectual and industrial property of the Website, as well as all contents offered therein, including, by way of example and not limitation, the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.
Under no circumstances shall access, navigation and use of the Website by the User be understood to imply a waiver, transmission, license or total or partial assignment of such rights by the COMPANY. The User has a right to use the Website contents within a strictly domestic scope and solely for the purpose of using this Website in accordance with these General Terms.
Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of exploitation for commercial or non-commercial purposes of the Website contents, as well as their source codes, is prohibited without the express written authorization of the COMPANY or, where applicable, the holder of the corresponding rights.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable according to articles 270 and following of the Penal Code.
5. LINKS POLICY (HYPERLINKS)
a) Links from other websites to the Website:
Those who intend to establish a hyperlink from a web page of another Internet portal to the COMPANY's Website must comply with the following conditions:
- Total or partial reproduction of any of the services or contents of the Website is not permitted without prior express authorization from the COMPANY.
- Deep-links or IMG or image links, or frames with the Website shall not be established without prior express authorization from the COMPANY.
- No false, inaccurate or incorrect statements shall be made about the Website, or about its services or contents. Except for those signs that form part of the hyperlink, the web page on which it is established shall not contain any trademark, trade name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to the COMPANY, except with its express authorization.
- The establishment of the hyperlink shall not imply the existence of relationships between the COMPANY and the owner of the web page or portal from which it is made, nor the knowledge and acceptance by the COMPANY of the services and contents offered on said web page or portal.
- The COMPANY shall not be responsible for the contents or services made available to the public on the web page or portal from which the hyperlink is made, nor for the information and statements included therein.
- The web page on which the hyperlink is established shall not contain illicit information or contents, contrary to morality, good customs, public order, or contrary to third-party rights.
b) Links from the Website to other websites:
The Website may make available to the User links to other websites managed by third parties. The COMPANY does not exercise any type of control over such sites and assumes no responsibility for their content. The presence of these links does not imply that the COMPANY promotes, guarantees or recommends the linked sites nor implies any relationship with their owners. Their sole purpose is to facilitate User access to other sources of information.
6. EXCLUSION OF WARRANTIES AND LIABILITY
The COMPANY does not guarantee continuous access, nor correct visualization, download or utility of the elements and information contained in the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for decisions that may be adopted as a consequence of access to the contents or information offered.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website is contrary to these General Terms of Use. The COMPANY is not responsible for damages, harm, losses, claims or expenses arising from the use of the Website, except those that legally correspond to it.
In particular, it shall not be responsible for damages that could arise from, among others:
- Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the COMPANY's control.
- Illegitimate intrusions through the use of malicious programs (computer viruses, etc.).
- Improper or inadequate abuse of the Website.
- Security or navigation errors caused by browser malfunction or use of outdated versions.
The COMPANY excludes any liability for damages of any nature that may be due to poor use of the services freely available and used by Website Users.
The User shall defend, indemnify and hold the COMPANY harmless against any damages that arise from claims, actions or demands by third parties as a consequence of their access or use of the Website or their breach of these Terms.
7. PERSONAL DATA PROTECTION
The COMPANY undertakes to process Users' personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD).
To obtain detailed information on how we process your personal data, the purposes of processing, the rights that assist you and other relevant information, the User must consult our Privacy Policy.
8. COOKIE POLICY
The Website uses its own and third-party cookies to improve the browsing experience, perform statistical analysis and offer personalized advertising.
To obtain detailed information about what cookies are, which ones we use on this Website, their purposes, duration, who manages them and how you can configure or reject their use, the User must consult our Cookie Policy.
9. DURATION AND MODIFICATION
The provision of this Website service has, in principle, an indefinite duration. However, the COMPANY reserves the right to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the Website service and/or any of the services.
The COMPANY reserves the right to modify these General Terms of Use, as well as the Privacy Policy and Cookie Policy. The date of the last update will be indicated at the beginning of this document. It is the User's responsibility to review them periodically.
10. ONLINE DISPUTE RESOLUTION (ODR PLATFORM)
In accordance with Art. 14.1 of Regulation (EU) 524/2013 on online dispute resolution in consumer matters, the consumer User is informed that they can exercise their claims through the online dispute resolution platform provided by the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr/
The COMPANY is not adhered to any alternative dispute resolution entity in consumer matters, so the User must address the competent jurisdictional bodies.
11. APPLICABLE LAW AND JURISDICTION
These General Terms of Use are governed by Spanish legislation. Any controversy that may arise regarding the validity, interpretation, compliance or resolution thereof, shall be submitted to the Courts and Tribunals of the city of Alicante, unless applicable consumer regulations establish another mandatory jurisdiction.
12. PARTIAL NULLITY AND INEFFECTIVENESS
If any clause included in these General Terms were declared totally or partially null or ineffective, such nullity or ineffectiveness shall affect only said provision or the part thereof that is null or ineffective, the General Terms subsisting in all other respects, such provision, or the part thereof that is affected, being considered as not included.
13. CONTACT
For any doubt, suggestion, query or complaint about the Website or these General Terms of Use, the User can contact the COMPANY through the email address: info@tripalicante.com or by postal mail to the address indicated in point 1.
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