1. ABOUT THIS LEGAL NOTICE AND ITS ACCEPTANCE.
This Legal Notice regulates the access and use of the websites http://www.autoreisen.es/, www.autoreisen.com and http://www.arcarhire.com (hereinafter, the "Portals"), under the ownership Special Prices Auto Reisen, S.L (hereinafter, the "AUTOREISEN".)
In accordance with article 10 of Law 34/2002, of July 11, on the Information Society Services and Electronic Commerce (LSSICE), it is reported that this capital company is registered with the Land and Companies Registry of Santa Cruz de Tenerife, Page TF-2.832, folio 87 in Volume 492 of the General Section, 1st Registration, and it is provided with Tax Identification Number (C.I.F.) B38086500, with PO 589 38080 Santa Cruz de Tenerife and email address: firstname.lastname@example.org.
The navigation and use of Portals attributes the status of user and implies full and unconditional acceptance by the user of all the provisions included in this Legal Advice, in accordance with the version published by AUTOREISEN at all times, so that we recommend the user that, each time he/she accesses the Portals, he/she carefully reads this Legal Advice, since it may be modified.
The access and/or use of part of the services, contents or specific spaces arranged through the Portals may be also subject to special conditions which, as they case may be, may eventually replace, complete and/or modify the general conditions contained in this Legal Advice.
The declaration of any of the general conditions contained in this Legal Notice as null, void or ineffective will not affect the validity or effectiveness of the other clauses, which shall continue to be applicable. In addition, the waiver by either party to demand compliance at any given time with any of the general conditions shall neither imply a general waiver to comply with any other conditions nor shall create an acquired right for the other party.
This Legal Notice will be translated into several languages in the development of the activity of AUTOREISEN and its corporate quality policy, services and customer support. Notwithstanding the foregoing, in the event of any dispute regarding the interpretation or implementation of the conditions contained in this policy, the parties agree that the Spanish version of the Legal Notice shall prevail over any other language version for all legal purposes.
Through the Portals, AUTOREISEN provides users with the necessary information regarding the application, access and/or use of services, products or contents provided therein (hereinafter, the "services"), developed or made available by this company under the terms and conditions specified in each case.
3. CONDITIONS OF ACCESS AND USE.
The access and navigation of users through the Portals is free of charge, what is understood without prejudice to the paid nature of the services offered through them under the legally or contractually agreed terms.
AUTOREISEN may determine the provision or access to all or part of the services or contents offered through the Portals prior to the user registration or the filling by him/her of a data form. AUTOREISEN reserves the right to unilaterally modify at any time the system or data forms provided in the Portals. In any case, the user must complete these forms with true, current and accurate data, so that he/she is the sole responsible for making any false or inaccurate statements and the damage this causes or may cause both AUTOREISEN and third parties.
The Portals are not intended for minors, so that they are banned from accessing or using them. Should a minor navigate, request or unlawfully access any service or content included in the Portals, his/her legal representatives shall be considered as fully responsible for the actions carried out by him/her in accordance with current legislation.
The user agrees to use the Portals, services, contents and other features contained in the Portals or associated with them according to the law, this legal advice, the special conditions of the services/contents, if any, other notices, regulations governing use, and instructions brought to his/her knowledge, as well as with morality and generally accepted good manners and public order. In the event of any breach of an undertaking, AUTOREISEN reserves the right to exclude the user and prohibit or deny his/her access to the Portals, taking such legal actions as may be necessary.
In addition, the user agrees not to transmit, disseminate or make available to third parties through the Portals any information, data, content or material which:
(a) is in any way contrary to, impairs or infringes the fundamental rights and public liberties recognized in particular regarding minors and disabled people;
(b) induces, incites or fosters illegal, criminal, degrading, defamatory and violent actions or, in general, any actions contrary to law, morality and generally accepted good manners or public order;
(c) induces, incites or fosters discriminatory actions, attitudes or thoughts by reason of sex, race, religion, beliefs, age or status;
(d) incorporates, makes available or allows access to illegal, criminal, violent, offensive, harmful and degrading elements, messages and/or services or, in general, contrary to law, morality and generally accepted good manners or public order;
(e) is protected by any intellectual or industrial property rights belonging to AUTOREISEN or to third parties, without the user having previously obtained the necessary authorization from their holders to carry out the intended use;
(f) constitutes, if applicable, illegal, deceitful or unfair publicity and, in general, unfair competition;
(g) is contrary to the right to honour, personal and familiar intimacy or the very image of persons;
(h) in any way impairs the credit of AUTOREISEN, its partners, managers or any third party;
(i) violates the secrets of AUTOREISEN or third parties;
(j) infringes the regulations on secrecy of communications;
(k) incorporates virus or other physical or electronic elements that may damage or impede the normal functioning of the network, system, equipments or other connected devices from AUTOREISEN or third parties, or that allow to extract, display and damage the storage media, contents, files and data stored or accessible through such equipments, systems and devices;
(l) due to its characteristics (such as format, extension, etc.), causes difficulties in the normal functioning or denial of services associated with the Portals.
AUTOREISEN does not guarantee the availability and continuity of functioning of the Portals and services. When reasonably possible, AUTOREISEN will warn of possible interruptions in the proper functioning of the Portals. AUTOREISEN shall, to the extent permitted by the applicable law, hold no liability for damages of any kind which may derive from the unavailability or discontinuity of functioning thereof.
Even so AUTOREISEN undertakes to strictly observe its legal obligations regarding privacy and safety by mitigating where possible legal risks which may occur in this area and by providing all possible information to the user for an appropriate protection and guarantee of his/her rights. However, it cannot absolutely guarantee privacy and safety in the use of services, contents and other elements provided in the Portals. Therefore, AUTOREISEN does not guarantee that unauthorized third parties may have knowledge of the type, conditions, characteristics and circumstances of use that users make of the Portals, although it undertakes to take all regulatory provisions in this area.
AUTOREISEN cannot absolutely guarantee that there are no safety breaches of personal data or possible breaches of personal information. In this sense, AUTOREISEN excludes liability to the full extent permitted by the current applicable law, although it will take all necessary containment and response measures and will comply with its notification obligations in accordance with the provisions of the European General Data Protection Regulation:
4. INTELLECTUAL AND INDUSTRIAL PROPERTY: NO LICENSE.
The user does not have a license or authorization to use or exploit the trademarks, logos, names, distinguishing signs and other protected elements associated with the Portals except by prior express written permission of AUTOREISEN or third parties to which such rights apply. In any way the use of the Portals, the navigation through them or the timely access to the services, contents or elements arranged in them grants the user an additional or specific right beyond what is strictly necessary for these purposes in accordance with the applicable terms and conditions.
5. HYPERLINKS POLICY.
Users and, in general, those who intend to establish a hyperlink between their website and the Portals (hereinafter, the "Hyperlink") shall meet the following conditions:
(a) The hyperlink will only allow access to the homepage or start page of the Portals unless expressly authorized in writing by AUTOREISEN.
(b) The link must be absolute and complete, that is, it must take the user through a click to the web addresses listed in condition 1 of this Legal Notice and it must include the full extent of the relevant homepage screen.
(c) Unless expressly authorized in writing by AUTOREISEN, the website providing the link may neither reproduce in any way the respective portal nor include it as part of its website.
(d) No false, inaccurate or incorrect statements or indications regarding AUTOREISEN or its managers, employees, collaborators, services or activities will be made.
(e) It will not be stated or suggested that AUTOREISEN has authorized the hyperlink or has supervised or in any way assumed the services offered or made available on the website in which the hyperlink is established;
(f) An exception to this are those signs that are part of the hyperlink. The website in which the hyperlink is established will not contain any trademark, name, establishment name, logo, slogan or other distinguishing signs belonging to AUTOREISEN or to any third party that may be included or present in their Portals without prior express written permission, and;
(g) The website where the hyperlink is established will contain no information or illegal contents contrary to morality and generally accepted good manners and public order. Furthermore, it will contain no contents prejudicial to the rights of AUTOREISEN or third parties.
The establishment of the hyperlink does not imply in any case either the existence of relations between AUTOREISEN and the owner of the website in which it is established or the acceptance or approval by AUTOREISEN of its contents, services or specific activities.
AUTOREISEN may at any time urge or require the persons or entities that have established a hyperlink between their website and any of the Portals to immediately withdraw or delete it, subject to any legal and/or judicial actions that may be appropriate.
In the Portals users may also find links to other websites managed by third parties (hereinafter, "Linked Sites") that have authorized, where appropriate, AUTOREISEN for its legitimate use through the Portals, so that all users who want to link to the websites managed by these third parties shall directly contact them in order to know the terms and conditions of use and obtain prior authorization for these purposes.
AUTOREISEN does not have any human or technical resources to know, monitor or approve all information, contents, products or services provided by other websites that may be linked from the Portals. Consequently, AUTOREISEN holds no liability in this regard.
6. NOTIFICATION PROCEDURE IN CASE OF CONDUCTING ILLEGAL ACTIVITIES.
In the event that any user or third party considers that there are facts or circumstances revealing or which could reveal the illegal nature of any content, service, use or element associated with the Portals, he/she may inform AUTOREISEN, so that it could take the necessary actions in this area. For this purpose, it shall make a notification through the channels set out in condition 7 of this Legal Advice including the following information for the intended purposes:
(a) Claimant's personal data: full name, postal and electronic (email) address and phone number. All this for the relevant contact and notification purposes. In the event of acting on behalf of another person, he/she shall be identified by providing his/her identification data and indicating the capacity in which the claimant acts (legal representative, administrator, guardian, etc.);
(b) Specification of the alleged activity, service, content or illegitimate element carried out through the Portals and, in particular, in the event of an alleged violation of rights, a precise and specific indication of the contents or protected elements, as well as their precise location on the website concerned;
(c) Facts, circumstances, foundations and rules on which the alleged illegal nature of such activity is based;
(d) In general, signature of the claimant or his/her legal or voluntary representative and date on which the claim is made.
In the event of a handwritten signature, it shall be accompanied by a photocopy of the identification document or personal passport of the signer/claimant. Additionally, in the event of acting on behalf of a person, company or legal entity, a copy of the relevant representation documents properly evidencing such representation shall be attached.
Notifications by the user or a third party to AUTOREISEN shall be deemed effective when addressed to this entity through any of the following ways:
(a) By post to the following address: Camino San L├ízaro 150, rotonda Aeropuerto 38206 La Laguna in Santa Cruz de Tenerife
(b) By email, preferably electronically signed by the sender, to the following address: email@example.com.
(c) By any other way advertised through the Portals or, in general, valid in law.
All notifications by AUTOREISEN to the user shall be deemed effective for all purposes when conducted in any of the following ways:
(a) By post to the user's home, when he/she has been brought to his/her knowledge by the respective user or person representing him/her, legally or voluntarily, to AUTOREISEN.
(b) By a message or email to any of the contact email addresses that the user has communicated for these purposes to AUTOREISEN.
(c) Communication via a phone call, telematic contact to the phone/fax number provided by the user, via sms, courier services or any other equivalent or similar communication system when such data have been previously given by the user to AUTOREISEN for this purpose.
When notifications could be classified as commercial communications or promotional offers, they shall be governed by the provisions of Law 34/2002, of July 11, on the information society services and electronic commerce, as well as by its own and current regulations on trade and advertising. Organic Law 15/1999, of December 13, on the Protection of Personal Data, and its implementing regulations shall also applied, particularly as regards the collection of personal data, the information to the interested parties and the creation and maintenance of personal data files. The recipient of these commercial communications electronically may revoke at any time the consent provided for the reception thereof with a simple notification of his/her will to AUTOREISEN.
8. WITHDRAWAL AND SUSPENSION OF THE CONTENTS OR SERVICES.
AUTOREISEN may withdraw or suspend at any time and without prior notice both the access to the contents and the provision of the services provided through the Portals to the users who breach this Legal Notice or any of its conditions, reserving the right to exercise any legal or judicial actions which may be appropriate against such actions.
9. DURATION AND TERMINATION.
The provision of services or the access to the contents provided through the Portals has, in principle, an indefinite duration. However, AUTOREISEN is authorized to terminate or suspend at any time the provisions of services or the development of activities through the Portals while respecting the applicable regulations in such cases.
10. APPLICABLE LAW AND JURISDICTION.
This Legal Notice is governed in each and every one of its clauses by the applicable Spanish law, which shall apply in the event of disputes or disagreements arising from the interpretation and/or execution thereof, or any other of the specific conditions provided in the Portals, waiving any other jurisdiction that may apply to the parties and subject to the competent Courts and Tribunals of Santa Cruz de Tenerife.
Notwithstanding the foregoing, AUTOREISEN, users and any other third party accessing and using the Portals undertake, before resorting to the courts, to seek an amicable and extrajudicial solution to solve the disputes that may have arisen, having resort to third parties in order to arbitrate or professionally mediate in conflict resolution.