1. Welcome to this Vacation Care International España SL’ website (“Our Site”).
1.2 Vacation Care International España SL (“We”) reserves the right, in its sole discretion, to modify, alter or otherwise update these terms at any time. Such modifications shall be effective immediately upon posting. You are expected to check this page from time to time to take notice of any changes we made as they are binding on you.
2. Information about us
Our Site is operated by Vacation Care International España SL whose main office is Ed. Mar de Calahonda, CN 340 Km. 196,5, 29649 Mijas Costa, Málaga, Spain. Calle de Monte Paraiso (Urb Sitio de Calahonda), Calahonda, 29650 Málaga, Spain. Certain contents of Our Site may be contributed towards and modified Vacation Care International Limited, Suites 104-108 Parkway House, Sheen Lane, London, SW14 8LS.
3. Accessing Our Site
3.1 We reserve the right to withdraw or amend the service We provide on Our Site without notice. We will not be liable if for any reason Our Site is unavailable (in whole or part) at any time and for any period.
3.2 Access to Our Site may be suspended temporarily (in whole or in part) and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
3.4 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
4. Intellectual Property Rights
4.1 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on them, including but not limited to text, images, illustrations, audio clips and video clips. Such works are protected by copyright laws and treaties around the world.
4.2 You are permitted to print off one copy, and may download extracts of any page(s) from Our Site for your own (non-commercial) use on the following basis:
(a) our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged; and
(b) you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.3 You must not use (including but not limited to, copying, transmitting, distributing and/or exploiting) any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors. You may not frame or otherwise incorporate into another website any of the content or other materials on Our Site without obtaining our prior written consent.
4.4 Any use of the materials on Our Site other than in accordance with clause 4.2, or subject to the terms of a licence granted by pursuant to clause 4.3, for any purpose is prohibited and your right to use Our Site will cease immediately (without notice) and you must, at our option, return or destroy any copies of the materials you have made.
4.5 Any rights not expressly granted in these terms are reserved.
5. Information about you and visits to Our Site
6.1 While we will endeavour to ensure that the information on Our Site is correct, Vacation Care International España SL does not warrant the accuracy, accessibility, suitability, availability or completeness of the material on Our Site. We may make changes to the material on Our Site from time to time without any further notice. The material on Our Site may be out of date, and We are not obliged to update such material. Accordingly We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
6.2 Accordingly, to the maximum extent permitted by law, We provide you with access to Our Site on the basis that Vacation Care International España SL excludes all representations, warranties, conditions and other terms implied by statute or common law.
7.1 Vacation Care International España SL does not limit its liability for:
(a) death or personal injury caused by its negligence (or its officers, agents or employees);
(b) fraud or fraudulent misrepresentation committed by Vacation Care International España SL (or its officers, agents or employees); or
(c) any other liability which cannot be excluded or limited under applicable law.
7.2Except as regards its liability to you under clause 7.1, Vacation Care International España SL shall not be liable to you, whether in contract, tort (including negligence) or otherwise for any:
(a) loss of revenue;
(b) loss of actual or anticipated profits;
(c) loss of anticipated savings;
(d) business interruption;
(e) loss of business;
(f) loss of opportunity;
(g) loss of goodwill;
(h) loss of reputation;
(i) loss of, damage to or corruption of data , materials or equipment; or
(j) any special, indirect or consequential loss or damages,
in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties, which for the avoidance of doubt may include Our Site not being available (in whole or in part) for use, the material (including information, data, or opinions) held on Our Site, or the results of the use of Our Site, any websites linked to Our Site or material on Our Site, including but not limited to loss or damage due to viruses that may infect your computer, equipment, software, data or other property on account of your access to, use of, or browsing Our Site, or your downloading of any material from Our Site or any websites linked to Our Site, and whether arising in or caused by breach of contract, tort (including negligence) breach of statutory duty or otherwise.
8. Visitor material and conduct
8.2 You are prohibited from posting or transmitting to or from Our Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, threatening, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary third party licences and/or approvals; or
(c) which is in breach of a third party’s intellectual property rights; or
(d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of privacy or infringe the rights of any third party, in any country in the world; or
(e) which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 We reserve the right to remove any material or posting you make on Our Site if, in our opinion, such material is in breach of clause 8.2.
8.4 You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site by a denial-of-service attack or a distributed denial-of service attack.
8.5 We shall fully co-operate with any law enforcement authorities or court order requesting or directing Vacation Care International España SL to disclose the identity or locate anyone who is in breach of clause 8.2 and 8.4, and with immediate effect may withdraw your right to use Our Site.
9. Linking to Our Site
9.1 You may link to Our Site, on the basis that you link to, but do not replicate the content of Our Site, and subject to the following conditions:
(a) you do not create a frame or any other border environment around Our Site;
(b) you do not misrepresent your relationship with Vacation Care International España SL nor present any false information about Vacation Care International España SL which may damage our reputation or take advantage of it;
(c) you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(d) you do not establish a link from any website that is not owned by you; and
(e) your website does not contain content which is the same or similar to any content as further described in clause 8.2.
9.2 We reserve the right to withdraw the right granted in clause 9.1 for breach of these terms and to take any action deemed necessary.
10. Links from Our Site
11. Transactions concluded through Our Site
11.1 Any bookings, sales or transactions concluded through Our Site, or as a result of visits made by you, are governed by our standard terms.
12.1 If any court or competent authority finds that any provision of these terms (or part of any these terms) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms shall not be affected.
13. Jurisdiction and applicable law
13.1 The Spanish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site, although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
14. Entire Agreement