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Terms and Conditions

Personal identification information

We may collect personal identification information from Users in a variety of ways in connection with activities, services, features or resources we make available on our Site.. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Changes to this privacy policy

Marbella Holiday has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Introduction

www.marbella-holiday.com is part of Diego Caviari S.L. (hereafter referred to as “Marbella-Holiday”) a Spanish limited liability company registered in Registro Mercantil de Málaga, Seccion 8 Hoja 115664, I/A with company registration number (C.I.F.) B93217362, with registered address at Calle Cervantes Urb. El Arenal 77, 29604 Marbella.

Marbella-Holiday provides a website through which owners or rental managers (hereafter referred to as “Owner”) can advertise holiday homes for rent, and through which users (herainafter referred to as “Guest”) can view, search, make an enquiry or a booking on Marbella-Holiday.

Marbella-Holiday is not the owner or rental manager of any of the holiday homes on Marbella-Holiday and act therefore only as intermediary. All booking contracts are agreed between the Owner and the Guest.

Terms and conditions for using Marbella-Holiday

  1. Personal use

Marbella-Holiday can only be used to view, read, search, book and enquire about holiday rental homes listed on Marbella-Holiday, with the purpose of renting a holiday home via Marbella-Holiday or browse articles and medias available on Marbella-Holiday.

Use of Marbella-Holiday for any purpose other than booking of a holiday rental home or browsing Marbella-Holiday is strictly prohibited. Content such as articles, videos, photos, descriptions, owner information etc and software and design on Marbella-Holiday is copyright protected. Other than personal use, content may not be otherwise used or copied without the prior written approval of Marbella-Holiday.

  1. Booking a holiday home on Marbella-Holiday

On Marbella-Holiday the Guest is offered two ways of booking a holiday home and, depending on the chosen home, he will be able to do a payment by bank transfer, credit card (Visa or Mastercard):

  1. The Guest sends an enquiry to the Owner and makes a booking directly with the Owner without Marbella-Holiday being involved. The Guest pays the Owner directly and agrees to the Owners rental agreement.
  2. The Guest makes a booking on Marbella-Holiday with Marbella-Holiday acting as intermediary between the Guest and the Owner. Guest pays the full rental amount through Marbella-Holiday and agrees to the Owner´s rental agreement which is presented to the Guest before a booking is made.

The general terms and conditions on Marbella-Holiday apply in both cases.

Marbella-Holiday is not an Owner, rental manager or travel agency, therefore any agreement established to rent a holiday home on Marbella-Holiday is always agreed between the Guest and the Owner. To this extent they both must be at least 18 years of age on the day the holiday home is advertised or booked.

  1. Accuracy of information

The updated and precise description of the holiday home, as well as the prices, the bookings and the pictures is fully provided by the homeowner. Marbella-Holiday.com is constantly making efforts to make sure that the information provided by the homeowner is true, accurate and completely adjusted to reality.

Marbella-Holiday is an online platform and is not inspecting the holiday homes on their physical location or meeting with the Owner.

  1. Liability

Use of Marbella-Holiday indicates that the Guest agrees to release Marbella-Holiday from any direct or indirect loss or damage in connection with but not limited to fraud, phishing, any breach of terms and conditions, accidents, strikes, lock-outs or disagreements with the Owner. Marbella-Holiday cannot be held responsible for any losses or damages the Guest may experience using Marbella-Holiday or staying in any of the holiday homes found or booked via Marbella-Holiday.

Marbella-Holiday is not obliged to offer any refund or compensation for direct or indirect losses that neither the Guest may have suffered from renting a holiday home on Marbella-Holiday nor the Owner may have suffered from renting out a holiday home on Marbella-Holiday. Marbella-Holiday acts only as intermediary so no rental contract or rental agreement can be made with Marbella-Holiday.

Marbella-Holiday may contain links to third-party websites or resources. By using Marbella-Holiday both the Guest and the Owner acknowledge and agree that Marbella-Holiday is not responsible or liable neither for the availability or accuracy of such websites or resources; nor the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Marbella-Holiday of such websites or resources or the content, products, or services available from such websites or resources.

Marbella-Holiday cannot be held liable to the Owner for any fraudulent, consequential, or indirect damages, including lost profits, however caused, on any theory of liability. The Owner is responsible for any loss a Guest may experience if the Owner’s email account is hacked or maliciously manipulated in any way. If the Owner is a victim of fraud or phishing or if the Owner cancels a booking, the Owner accepts the obligation to refund the Guest the full amount paid, or to offer a matching holiday home with matching rental conditions if not able to fulfill the original booking agreement made between the Owner and the Guest.

  1. Personal data protection and privacy

When using Marbella-Holiday, some personal information shall be saved in our database. Personal data protection and cookies policy is explained with detailed in our Privacy Policy.

  1. Miscellaneous

The original Spanish version, advertisement agreement, rental agreement and Booking Protection Guarantee have been translated into other languages. The translated version is a courtesy and office translation only and no rights can be derived from the translated versions. In the event of a dispute about the contents or interpretation of the said documents, or inconsistency or discrepancy between the Spanish version and any other language version of any of the said documents, the Spanish language version to the extent permitted by law shall apply, prevail and be conclusive.

If any provision of either these terms and conditions or the advertisement agreement and rental agreement is or becomes invalid, unenforceable or non-binding, the other provisions shall still remain in force.

  1. Legal jurisdiction

These General Conditions are governed by Spanish law. The parties submit, for the resolution of disputes in the competent courts and tribunals. Therefore, as an entity adhering to Confianza Online (European eCommerce Trustmark) and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user has at his/her disposition the extrajudicial dispute resolution system of Confianza Online.

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Terms and conditions for Owners on Marbella-Holiday

In addition to the above terms, the following terms shall apply to the Owners.

  1. Copyright

The Owner guarantees that he owns the copyright in the photographic and textual material supplied to Marbella-Holiday (hereinafter referred to as “the material”), or is authorized by the owner of the copyright to grant Marbella-Holiday permission to use the material. The Owner understands that photographic or textual material from any part of Marbella-Holiday may not be reproduced without permission from the copyright owner.

The Owner grants Marbella-Holiday a perpetual, royalty-free licence to use the material for promotional purposes. The Owner unconditionally indemnifies Marbella-Holiday immediately on demand against any cost, loss, or liability (including legal representation costs) which Marbella-Holiday may incur by any breach of copyright from use of the material.

  1. Design and layout

Marbella-Holiday cannot be held responsible for any loss, or damage, resulting from the design of layouts, or changes made to the photographs and text submitted by the Owner. Marbella-Holiday reserves the right to set the final design layout of a holiday home advert on Marbella-Holiday, including the right to edit text, or amend layouts or photographs. Marbella-Holiday also reserves the right to amend and edit text data entered on the online database of the Owner.

  1. Accuracy of information

Marbella-Holiday reserves the right to refuse any advertisement on any Marbella-Holiday website where the content fails to meet minimum requirements which are stated by Marbella-Holiday.

 

  1. Rating System

Marbella-Holiday reserves the right to implement a rating system intended for Guests, in which they may assess the conditions and quality of holiday homes and Owners. This valuation would be totally free and Marbella-Holiday cannot be made responsible for disclaims arising from the feedback, comments and suggestions made by any Guest.

  1. Advertising

Marbella-Holiday reserves the right to insert advertising, or announcements referred to any sort of content in its website, including advertising related to other similar holiday homes. Marbella-Holiday declares that the use of this service is totally discretional, and Owners waive to file any damages claim, or other complaints or claims relating to any advertise published in the website.

  1. Multiple properties

A holiday home on Marbella-Holiday belongs to one holiday unit, not multiple units, nor should be represented as an example of holiday homes. Only one unit should be represented in a holiday home unless prior permission has been given. Marbella-Holiday reserves the right to amend any holiday homes not in accordance with this policy.

  1. Termination of an advert

If Marbella-Holiday receives complaints from Guests about a specific information on Marbella-Holiday, that is misrepresenting a holiday home, or its surroundings, or if Marbella-Holiday repeatedly receive complaints about an Owner, or the Owner have materially breached terms and conditions, or the Owner have behaved with misconduct or delivered inaccurate, fraudulent, outdated or incomplete information during the account registration, or violated applicable laws, regulations or third party rights, or if Marbella-Holiday believes in bona fide that such action is reasonably necessary to protect the safety or property of other Owners or Guests then Marbella-Holiday reserves the right to remove the holiday home from the website and disable the account without notice, and retain payment.

If an Owner attempts to enter unsuitable material into the database, or repeatedly misuses the online system, Marbella-Holiday reserves the right to reject any Owner or holiday home and will not be liable for any expense caused.

Otherwise, an Owner may remove the holiday home from Marbella-Holiday at any time. However the Owner must honor all current and future booking agreements made with Guests. Marbella-Holiday does not offer refunds for holiday homes taken offline by the Owner or Marbella-Holiday.

  1. Contact

To maintain a constant high level of service, Marbella-Holiday requires all Owners to be available to respond quickly to enquiries and bookings by email. Marbella-Holiday reserves the right to suspend holiday home adverts of Owners who are unavailable for more than 24 hours.

 

  1. External links

Links from a holiday home to any website or email address other than Marbella-Holiday are only accepted if a link is sent back to Marbella-Holiday from the Owner’s website or blog or similar. If an Owner adds a link or email address or company name without consent, re-adds a link or email address or company name after removal or removes reciprocated links from their advert on Marbella-Holiday, Marbella-Holiday reserves the right to remove the holiday home without refund.

  1. Payment policy

Online credit card payments are processed through a third party payment provider over a fully encrypted SSL secure line. Cash payments are not accepted.

Payments made through Marbella-Holiday are done via third party secure certified payment provider and Marbella-Holiday does not store the full credit card details and is not liable for errors or losses on payments or money transfers.

  1. Refund policy on the advertisement

Marbella-Holiday provides an advertising service rather than a physical product. No trial periods are offered, nor do Marbella-Holiday offer a refund or compensation for adverts which are expired or unexpired. Marbella-Holiday does not give any refund or compensation if the Owner experiences any losses such as bookings, money, damages or similar relation to any booking of the Owner´s holiday home.

  1. Modifications to pricing and conditions

Marbella-Holiday reserves the right to change the prices and conditions to services offered by Marbella-Holiday without notice. Changes to prices will be applicable immediately and Owners will be notified by the website.

  1. Documentation

In most cases Marbella-Holiday requires Owners to supply proof of ownership of their property in form of a title deed, utility bill or similar. If Marbella-Holiday does not receive sufficient documentation, Marbella-Holiday can reject approval of the Owner and the holiday home, and an advert for the holiday home on Marbella-Holiday will be rejected.

  1. Legalized holiday homes

In some regions the Spanish authorities require by law that Owners obtain a license to rent out a holiday home legally. In these regions, Marbella-Holiday can only approve and advertise a holiday home if the Owner presents a valid license number for the holiday home.

  1. Additional conditions

On Marbella-Holiday the Owner can advertise a holiday home in different ways. Upon creating the advertisement the Owner will be prompted to accept the conditions that apply to that particular advertising form.

Marbella-Holiday reserves the right, at its sole discretion, to modify the website, services or to modify this Terms, including the rental share, at any time and without prior notice. If Marbella-Holiday modifies this terms and conditions, these modifications will be posted on www.marbella-Holiday.com. By continuing to access or use the website or services after Marbella-Holiday has posted a modification, Owners and Guests shall indicate their acceptance to be bound by the modified Terms.

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