I. Owner of the Portal.
DIVINOVILLAS S.L.. (hereinafter, "DivinoVillas") at the following address: Calle Josep Torres 26 Bajos, Barcelona and with Tax Nº B-63647671 is the owner of the portals www.DivinoVillas.com
(hereinafter, the “Portal”) and provides this for the use by Internet users, with the aim of giving information and services regarding accommodations and its related aspects in the world. The categories of the accommodations used in the Portal are generic and do not coincide with any official category of a regional or national nature.
By surfing and using the Portal, we call this person the User of the Portal (hereinafter, the “User”) it implies the acceptance of all the conditions included in this Legal Warning. The offering of the Portal service has a limited duration to the moment in which the User is connected to the Portal. The User must read the Legal Warning carefully on each of the occasions on which the use of the Portal is prolonged, given that this and the conditions found in the Legal Warning may undergo modifications at any time. Some services of the Portal, which are accessible to the Users, may be subjected to individual conditions that substitute, complement and / or modify the Legal Warning and must be accepted by the User at all times.
II. Object of the Legal Warning.
The Legal Warning regulates the conditions, the access and the use of the Portal, its free contents and services made available to the User; this term includes both customers and the owners of the accommodations and services that form a part of the Portal. The Legal Warning shall be applied to all the activities of supplying information, subscription and/or the providing of services offered in the Portal.
III. Acceptance of the Conditions of the Legal Warning.
III.1 Conditions of the User.
The Legal Warning shall be understood as accepted without any reservations by the User simply by visiting the Portal and consequently, if the services offered in the Portal are used. The User declares that he/she is of legal age and has the legal capacity to be obliged and to accept the conditions of the Legal Warning found herein.
Terms, the service offered to Users in the Website is free of charge,
III.2 General regulations of use.Reviews of Users and photographic or audiovisual work.
The User is obliged to use the Portal diligently, correctly and with respect, and in accordance with use of the portal service. The user can publish reviews, photographic or audiovisual works ("Images") after confirming a booking through DivinoVillas and stayed at the property. Likewise, he/she is obliged to not publish, including but not limited to, any images or make any comments or actions that are: (i) defamatory, incorrect, false, abusive, slanderous, obscene, irreverent, offensive, insulting, tacitly or expressively sexual, threatening, hounding, racist, sexist, discriminatory for any reason, that go against the morals, public order, fundamental rights. In this case DivinoVillas reserves the right not to publish comments deemed inappropriate.
DivinoVillas guarantees the all reviews that appear on the website are from genuine guests of properties. However, DivinoVillas is in no way responsible, nor guarantees the veracity and accuracy of the reviews or images that may be expressed by the users of its Portal.
III.3 Industrial or intellectual property.
All the contents of the Portal, which are understood as including, but not limited to, the databases, texts, images, brands, commercial names, distinctive signs, graphs, logos, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the "Contents"), or any other sign which is susceptible to industrial or commercial use are the intellectual property of DivinoVillas or third parties, and no rights of use of these may be passed on to the User.
It is strictly forbidden to reproduce, distribute, communicate publicly and transform any element owned by DivinoVillas except with the expressed authorisation of the latter. All non authorised use of any of the elements mentioned or any other element that forms a part of the intellectual or industrial property of DivinoVillas will give rise to responsibilities of a criminal and/or civil nature or any other nature, legally established.
Under no circumstance is DivinoVillas responsible for the criminal acts of the User that affects the rights of third parties.
The User declares that they are the owner of the published texts or pictures in the review comments, or otherwise declares that they have the right to use these. By virtue of this condition they assign, free of charge and non-exclusively to DivinoVillas for a period of 100 years and for worldwide use, all rights of public distribution and communication of the texts or pictures by means of the web pages, digital newsletters and other analogue publications, as well as being authorised to pass on these texts and pictures to third party web sites. The User accepts that he/she will be the only person responsible, and that DivinoVillas will be relieved of any type of responsibility, faced with any claim by a third party regarding the non-compliance of the contents of this paragraph.
The User agrees to use the Contents included in the Portal according to the Law and the Legal Warning. According to the current legislation and including, but not limited to, the User must refrain from: (i) reproducing, copying, distributing, making available, publicly informing, transforming or modifying the Contents except under cases authorised by law or with the expressed consent of DivinoVillas or by the bearer of the rights of use in each case; (ii) reproducing or copying the Contents for private use that may be considered as Software or Databases according to the current legislation regarding intellectual property, as well as their public information or availability to third parties when these acts necessarily imply the reproduction by the User or the third party; (iii) extracting and/or reusing the whole or a substantial part of the Contents found within the Portal, as well as the databases that DivinoVillas makes available to its Users.
The establishing of a hyperlink with DivinoVillas will require the acceptance and does not constitute any relationship between the page that establishes this and DivinoVillas. It shall not be declared that DivinoVillas has authorised this hyperlink, neither shall any inaccurate or false statements be made of DivinoVillas, its services or the Web page; nor shall any hyperlinks be established from any page that does not comply with the General Use of this Portal.
IV. Policy regarding the protection of personal data.
For the purpose of the regulation on Protection of Data of a Personal Nature (LOPD), DivinoVillas informs the User of the existence of a datafile of a personal nature that includes the personal details obtained through the Portal, with the aim of statistics, redefining the services offered in the Portal, for the sending of technical, promotional information and for the maintenance and management of the legal, business or commercial relationship, or the provision of the services that DivinoVillas maintains with the User. In this respect, by accepting the current legal warning, the user is aware that his/her details are used for the purposes indicated in the previous paragraph and, consequently, as the case may be, for the administration of their registering in the Website and the maintenance and development of the relationship they have with DivinoVillas as a registered User; for the publication of their reviews or pictures relating to accommodations and for the development of contact tools with accommodations or Users. Furthermore, by accepting the boxes found in the forms which are included in the Portal, the User may consent that the personal details are used to send commercial and informative communications about DivinoVillas (by any means, including e-mail, SMS, etc.). The User may exercise their rights recognised in the LOPD of access, amendment, opposition and cancellation by means of a Form containing a cancellation request that DivinoVillas makes available. The written and signed request can be sent by post to DivinoVillas at the following address: Calle Josep Torres 26 Bajos, 08012 Barcelona enclosing a photocopy of the Users and Identity Card. DivinoVillas implements the safety levels which are required by the Regulation of development of the Organic Law on Data Protection approved by the Royal Decree 1720/2007 of 21 December. However, the technical safety in a means such as the Internet is not impregnable and there may be filters by fraudulent third parties..
V. Responsibility of DivinoVillas.
DivinoVillas will only respond to the damages that the User may suffer as a result of the use of the Portal when the damages are down to a fraudulent action of the company. The User recognises and accepts that the use of the Portal, as well as the provision of services offered herein is carried out under their entire risk and responsibility.
V.1 Regarding information.
Accommodation information on the portal is provided by the owner of the property, DivinoVillas takes no responsibility for the veracity, accuracy, suitability, thoroughness and updating of the information supplied through the website, nor on the decisions taken from this information or the damage that this may produce. DivinoVillas is an owner direct portal. It offers solely and exclusively the service of information and booking process as it appears in the Portal. The Users must contact the owners of the accommodations through DivinoVillas portal. DivinoVillas will not be a part of this contracting and will take no responsibility for the quality, price, contents or availability of the service that you wish to contract or have contracted.
V.2 Regarding our service.
DivinoVilla offers The User assistance with the booking procedure, with a customer service team. Once a request to a property is done, DivinoVillas creates an account for The User to contact the owner. Through this personal user area the booking can be concluded.DivinoVillas may use a reference number to indicate a property or a pseudonym, however once the booking is confirmed by The User the full details of the owner will be provided. All the payments for the rental will be exclusively dealt with between The User and the owner of the property. DivinoVillas is not part of the contract and acts only as an agent, assumes no liability for accommodation arrangements and cannot be held responsible for actions or omissions of the accommodation providers.
V.3 On the availability of the service.
The access to the Portal requires third party services and supplies, including its transport through the telecommunication networks. Any breakdown in these supplies, may result in the suspension, cancellation or inaccessibility of the services provided. DivinoVillas takes no responsibility for the damages caused to the User produced by failures or any disconnection from the telecommunications network.
VI. Obligations from of the User.
In general terms, the User is obliged to comply with the Legal Warning and, if applicable, the particular conditions that apply, and to always act according to the law, to the good practices and in good faith, using suitable diligence, abstaining from using the Portal in any way that may impede, damage or deteriorate the normal function of this, the property or rights of DivinoVillas, its suppliers, Users or third parties. Especially the safeguard of the "User Name" and the "Password", understanding that they will not transfer its use or access to third parties, accepting the responsibility that may be derived from the incorrect use of these. To inform DivinoVillas, as soon as possible, of its loss, theft or risk of access by a third party; not to use false identities, nor impersonate others in the use of the Portal or its services.
For the purposes of the current General Conditions, and in any communication that may be required between DivinoVillas and the User, this must be directed to DivinoVillas by post to DivinoVillas, Calle Josep Torres 26, Bajos, 08012, Barcelona. Or by telephone (+34) 93 53980 87 or via the website at Contact us.
The parties waiver their own jurisdiction, and if possible, submit this to the jurisdiction of the Courts of Madrid. The applicable Law will be the Spanish Law.