Legal Advice

COMPANY DETAILS

In accordance with what is set forth in the Spanish Law 34/2002 on Information Technologies Services and Electronic Commerce, and in compliance with the Legislative Royal Decree 1/2007, herein we present our company details:

Smart Holidays Andalusia, Sociedad Cooperativa Andaluza

CIF: F-93260339

Address: Heroe de Sostoa 87, 9º 18
29002 Málaga

info@smartholidaysandalusia.com

https://shaspain.com

SUBJECT MATTER AND SCOPE

The use of any of the services provided by Smart Holidays Andalusia, S.C.A, (hereafter SHA), including the informative use of this website, means the express acceptance of all the policies presented below in this section.

Additionally, these conditions will be of subsidiary application to those others that on the same matters are established on ad-hoc basis, and which are communicated to the client (or user) by registration forms, contracts, specific terms and conditions for SHA’s products and services, or any other sources of information delivered by SHA. The policies below will remain complementary to the latter ones in all those aspects not covered by the ad-hoc documents and wherever no open contradiction is identified.

USE POLICY

The client warrants that the SHA’s service or product of interest is not hired for any purpose that is unlawful or harmful to the rights or the legitimate interests held by third parties regarding intellectual and industrial property, and others.

The client promises to keep active, operational and updated the contact details provided to SHA in the application form.

SHA will use e-mail as the preferential mean of communication.

SHA website users who hire services or products through the website https://shaspain.com recognize that they are over 18 years old, or the corresponding adult legal age in their home country. Contracts taken out by minors requires authorization from parents, guardians or legal representative who shall be considered liable for the contract taken out by the minors in their charge. Minors shall seek the authorization to successfully conclude the contracting process.

SHA may modify, without notice, the information contained on its website, its configuration and presentation. The changes and modifications which are carried out in this platform will not affect the services and/or products which have been already contracted, which will remain in accordance with the terms and conditions already agreed in the existing contract, which will be used as a proof contracting.

COMMITMENT AGAINST MISSLEADING ADVERTISING

SHA undertakes not to engage in misleading advertising. For this purpose, therefore, it will not be considered false advertising formal or numeric errors which may be found in the content of the various sections of the SHA’s web, produced as a result of maintenance or update incomplete or faulty information contained in these sections. SHA, following the provisions of this paragraph, undertakes to correct the faults identified as soon as SHA becomes aware of such errors.

COMMERCIAL COMMUNICATIONS

In compliance with what is set forth in the Spanish Law 34/2002 about Information Society Services and e-Commerce, SHA commits to submit no commercial or promotional communications via e-mail or any other equivalent electronic communication means without the corresponding proper identification of their nature, and without having the previous authorization or consent from the recipients.

All the information submitted by SHA to their clients related to concrete contractual relationships already established, including information material, training and preparation documents, as well as any other submissions necessary for SHA to fulfill the contractual commitments in place, will not be considered as commercial or promotional communications.

Those recipients who have submitted their authorization or consent for receiving commercial or promotional communications can rectify their position and deny their authorization or consent by communicating to SHA their wish to modify their treatment status. The communication will have to be submitted properly identified to any of the contact details given in www.smartholidaysandalusia.com

RESPONSIBILITIES

SHA is not responsible for the non-compliance of any applicable norm by the user in their access to the website www.smartholidaysandalusia.com or any of its subdomains, and/or in the use of the information displayed in these platforms.

SHA will not be responsible for any damages, whatever their nature, derived from the use of the information, the contents of this website and the programs included in it.

The links and the hypertexts that allow the user, through the current website, the access to benefits and/or services offered by third parties do not belong to SHA, nor are under their control. SHA denies any kind of responsibility on the information displayed by those third parties, or on the effects that that information may produce in the user. SHA is not responsible for the illegitimate use that those third parties may make of the brand names, product names and/or trademarks that, not owned by them. Neither shall SHA assume any liability deriving from the lack of veracity, completeness, accuracy or updating of the data or information contained on the non-SHA’s pages that are accessible through this website.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on, or in relation to, this website without SHA’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

LANGUAGE AND CONTRACTS

SHA offers the contracts for their products, the contracting procedures and the information published in their website in English language. All this information is also available in Spanish language, being submitted to the client upon request.

SHA saves in electronic format a copy of all the communications with the clients involving contractual documentation about the selected product or services.

 

PERSONAL DATA PROTECTION

In accordance with what is set forth in the Spanish Organic Law 15/1999, on December 13th, on Personal Data Protection (hereafter SOL-PDP), and in the Spanish Royal Decree 1720/2007, on December 21st, that approves the specific developing regulations for the law (hereafter SRD-PDP), SHA declares their policy related to the management of personal data and their protection. This policy will be of application to any SHA’s user who, voluntarily, contacts SHA by email, complete any of the SHA’s forms, formalize a contractual relationship with SHA, and/or make use of any other services provided at SHA’s website which require the transfer of personal data to SHA or the access of SHA to personal data.

SHA informs the website user of the existence of several treatments and files involving the personal data provided, whose responsible is SHA and whose registered office is at Heroe de Sostoa 87, 9º 18, 29002 Málaga, Spain, where all those data are collected and properly stored attending the statements in this policy.

The submission of an email to SHA, or the communication to SHA of any personal data by any other mean, implies the free, explicit, informed and specific acceptance of the treatment of those personal data in compliance with the current policy and with the only purpose of attending the received communications.

When contractual relationships are established, SHA will only use the minimum amount of personal data necessary to maintain successfully the commercial transactions. These personal data will be treated according to this policy, including their up to date preservation in appropriate files during the legally binding deadlines.

SHA allows the client to indicate their preference regarding commercial communications when establishing the first contact with SHA through the existing forms and standard communication templates. Their preference on this matter can be modified at any time and as many times as requested by sending a properly identified petition to SHA.

Whenever a client or user of SHA has explicitly agreed to receive commercial and/or promotional communications from SHA, the provided personal data will be exclusively used for that purpose. These communications will be submitted by email, postal mail or any other means authorized by the client.

Whenever SHA have to have access or treat personal data belonging to the clients for the convenient provision of the contracted services, SHA will be responsible for the operations involving the referred data, which will be carried out in accordance with the current policy, with the Art. 12 in SOL-PDP and with the SRD-PDP.

The user shall execute at any time their rights of access, correction, modification, cancellation and opposition on their given personal data; these rights will be executed by addressing a communication through any of the alternatives given in the contact section of the website https://shaspain.com. All the communications submitted to SHA involving personal data protection issues shall be properly identified by the user, proving a copy of an official document of the owner of the personal data whose rights on data protection are to be executed.

SHA informs that, unless a legally validated representative exists, no user or client shall utilize other person’s identity and/or communicate on their behalf; therefore, the user/client contacting SHA for personal data and personal data protection matters shall only communicate data corresponding to their own identity and which are adequate, current, precise and true.

The user/client will be the one and only responsible and accountable to the law due to any damages (direct or indirect) which could be caused to third parties or to SHA by the use of personal data belonging to another person, or by the use of their own personal data being these ones false, wrong, not-up-to-date, inadequate or offensive. The user or client who communicates personal data belonging to a third person will be responsible towards him/her of informing him/her as obliged in the Article 5.4 in the SOL-PDP for these cases, as well as of the consequences of informing the represented person.

In accordance with what is set forth in the Article 11 of SOL-PDP about reporting of personal data for legal compliance with the administrations or any other accredited organs or agencies, SHA shall transmit or communicate personal data of the users or clients of SHA to the institutional petitioners, at their request. Additionally, attending the prescriptions in the Spanish Law 25/2007, the user of this website is informed that SHA shall store and preserve some data related to the generated web traffic during the communication processes.

SHA will not lease, rent, sell, donate or transfer the stored personal data of the website users and/or clients to any other third parties, apart from the institutional ones mentioned above.

SHA declares that, in compliance with what is set forth in the SOL-PDP & SRD-PDP, the necessary number and quality of technical and organizational measures have been implemented to guarantee the security of the personal data held by SHA, according to the existing legal requisites, to the state of the art in the matter, to the nature of the different data stored, and to the existing risks for each type of information. These secured files will contain exclusively the personal data necessary for specific activity they have been created, and they will be handled using the proper hardware and software mechanisms to guarantee their correct protection.

SHA guarantees absolute confidentiality towards the data collected and stored.

As stated in the Article 12 in the SOL-PDP and in the corresponding sections in the SRD-PDP, it will not be considered an action of communication or transfer or treatment of personal data belonging to SHA clients or users when those actions on data held by SHA are necessary for the adequate provision of services that have been already hired by the clients with SHA or requested by them to the company. In these cases, SHA will be responsible for this treatment of the personal data, which will be accessed and managed according to the following principles:

• ·SHA will exclusively treat the personal data respecting the terms and conditions agreed with the client on the subject, and they will not be used for any other purpose, nor will be communicated to third parties.
• ·SHA will not be responsible when, attending the direct request from the client, the personal data are transferred to a third party appointed by the client according to the prescriptions in the SOL-PDP & in the SRD-PDP.
• ·Once the contracted services have been provided by SHA, all the personal data stored by SHA in ad hoc files, together with any documents containing personal data from the client which was created or used during the provision of the service will be destroyed.
• ·Legal obligations to preserve some of the information managed by SHA for a longer period of time may apply. In these cases, the data will be blocked and stored in a specific filing system; once the latest deadline for the preservation of the data has expired, the references will be deleted.
• ·SHA is obliged to a duty of professional secrecy involving all the personal data of their clients or users, (Article 10 in the SOL-PDP). This duty shall be extended to any contractor or partner company working for SHA that has access to personal data of clients or users of SHA. The obligation of professional secrecy will be held unlimitedly in time.

The access to the personal data of clients/users held by SHA will be executed under the security measures described in the Section VIII of the SRD-PDP. These prescriptions will be considered minimum standards, and SHA shall implement any additional measures which, either are prescribed by new legislation in the matter, or are developed technologically achieving the status of proven technologies in the subject.

The current provider of SHA for the existing website and its web services, uses “cookies” while surfing its own website (https://www.guebs.com); SHA assumes that the same “cookies” based system is used by defect in all the webpages created under a GEBS platform.

“Cookies” are small files that the GUEBS’ servers send to the https://shaspain.com users’ computers and that are used to automatically collect technical info about the accessing IP address, the times and dates of the visit/s, as well as the sections used in the website. Users can set up their web browsers to be noticed whenever a “cookie” is transmitted. Besides, users can set up their IT pieces of equipment to cancel all kind of “cookies” transactions; this cancellation will not affect the functionalities of the web https://shaspain.com.

 

INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS LICENSE

ADAPTED FOR SMART HOLIDAYS ANDALUSIA FROM  HTTP://CREATIVECOMMONS.ORG/LICENSES/BY-SA/3.0/

 

THE CONTENTS OF THE WEBSITE AND THE OTHER MATERIALS BELONGING TO BUSINESS PROJECT SMART HOLIDAYS ANDALUSIA (THE WORK) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (“CCPL” OR “LICENSE”).

THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

1.“Adaptation” means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image (“synching”) will be considered an Adaptation for the purpose of this License.

2.“Collection” means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined below) for the purposes of this License.

3.“Creative Commons Compatible License” means a license that is listed at https://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this License, including, at a minimum, because that license: (i) contains terms that have the same purpose, meaning and effect as the License Elements of this License; and, (ii) explicitly permits the relicensing of adaptations of works made available under that license under this License or a Creative Commons jurisdiction license with the same License Elements as this License.

4.“Distribute” means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.

5.“License Elements” means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.

6.“Licensor” means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.

7.“Original Author” means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.

8.“Work” means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.

9.“You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

10.“Publicly Perform” means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

11.“Reproduce” means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

1.to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;

2.to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked “The original work was translated from English to Spanish,” or a modification could indicate “The original work has been modified.”;

3.to Distribute and Publicly Perform the Work including as incorporated in Collections; and,

4.to Distribute and Publicly Perform Adaptations.

5.For the avoidance of doubt:

1.Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;

2.Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and,

3.Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

1.You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.

2.You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the “Applicable License”), you must comply with the terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.

3.If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution (“Attribution Parties”) in Licensor’s copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and (iv) , consistent with Ssection 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., “French translation of the Work by Original Author,” or “Screenplay based on original Work by Original Author”). The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

4.Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author’s honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author’s honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

1.This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

2.Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

1.Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.

2.Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.

3.If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

4.No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

5.This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

6.The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

 

ANTI SPAM POLICY

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

SHA has a zero-tolerance spam policy.

Automated spam filtering

SHA’s messaging systems automatically scan all incoming email  messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by SHA’s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from SMART HOLIDAYS ANDALUSIA

In the unlikely event that you receive any message from SHA or sent using SHA‘s systems that may be considered to be spam, please contact SHA using the details below and the matter will be investigated.]

Changes to this anti-spam policy

SHA may amend this anti-spam policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this anti-spam policy, please contact SHA using the contact section details set out below:

www.smartholidaysandalusia.com/contact

 

LINKING POLICY

Status of linking policy

SHA welcomes links to this website made in accordance with the terms of this linking policy.

By using this website you agree to be bound by the terms and conditions of this linking policy.

Links to this website

Links pointing to this website should not be misleading.

Appropriate link text should always be used.

From time to time the URL structure of this website may be updated, and unless SHA agrees in writing otherwise, all links should point to www.smartholidaysandalusia.com.

You must not link to this website using any inline linking technique.

Links from this website

This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations.

SHA has no control over the contents of third party websites, and SHA accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should SHA request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like SHA to remove a link to your website that is included on this website, please contact SHA using the contact details below.

Changes to this linking policy

SHA may amend this linking policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this linking policy, please contact SHA using the contact section details set out below:

www.smartholidaysandalusia.com/contact

 

LEGAL DISCLAIMER

No advice

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.

Limitation of warranties

The legal information on this website is provided “as is” without any representations or warranties, express or implied.  SHA makes no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, SHA does not warrant that:

the legal information on this website will be constantly available, or available at all; or

the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.

If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Liability

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

 

GENERAL TERMS AND CONDITIONS FOR CONTRACTING THEMATIC TOURISM SERVICES OR SUPPLIES WITH SHA

The touristic products which are offered in the website www.smartholidaysandalusia.com have been created by SHA (also known as the organizer), whose legal identification and contact details are presented in the first section of this document.

THEMATIC TOURISM SERVICES

Three different types of thematic tourism services are offered by SHA, whose main features are described below:

–          Half Day: Guided and organized thematic tours for reduced groups (2-12 travelers) focused in concrete aspects of specific thematic areas related to the material and/or immaterial heritage of Andalusia, with a character remarkably interactive and educational. The standard duration of the Half Day activities ranges between 2,5 and 5 hours and hosting and transport services are not included; meals and drinks are all included, as in the terms and conditions described in the specific program of the activity.

–          Full Day: Guided and organized thematic tours for reduced groups (2-12 travelers) focused in concrete aspects of specific thematic areas related to the material and/or immaterial heritage of Andalusia, with a character remarkably interactive and educational. The standard duration of the Experiences is one (1) calendar day and hosting services are not included; transports, meals and drinks are all included, as in the terms and conditions described in the specific program of the activity.

–          Packages: Guided and organized thematic tours for reduced groups (2-12 travelers) covering monographically specific thematic disciplines related to the material and/or immaterial heritage of Andalusia, with a character remarkably interactive and educational. The standard duration of the Deep Dives ranges between three (3) and ten (10) calendar days, depending on the activity. The Packages are always offered including hosting services; meals and drinks and transports are all included, as in the terms and conditions described in the specific program of the activity.

 

Whenever a client hires a touristic service from SHA through the website www.smartholidaysandalusia.com, he/she is explicitly and consciously accepting all the terms and conditions described in the current document, as well as those who additional conditions which will be communicated to the client in the personal ad hoc contract provided for the transaction. The conditions in the contract will never contradict the terms and conditions in the current document, or reduce the rights of the client in the process.

 

Booking and contracting touristic services through SHA’s website:

The client will be officially booked in the requested travel when SHA has received the written confirmation of the booking and the official notification of the payment corresponding to the activity booked. The payment will cover the whole sum of the hired service/s and they may be fulfilled by money transfer to SHA, by credit or debit card transaction, or by any of the web-based payment platforms available at www.smartholidaysandalusia.com. Once all the booking conditions are fulfilled and verified by SHA, the organizer will communicate to the client by email or text message the successful conclusion of the booking process in a period of time no longer than 24 hours.

Travelling with children:

All children below 6 years old who are travelling with their parents, accredited relatives or legal tutors enjoy SHA thematic tourism services free of charge.

Some activities may be restricted to children based on the local regulatory framework or in the criteria of eligibility and adequacy that the touristic guide maintains during the touristic service. In those cases, the children will be kept and assisted by, at least, one of the accompanying relatives, even when that means skipping the activity. No rights for costs reimbursement will exist for the traveler in these cases.

Cancellation policy:

The client of thematic tourism services of SHA may freely withdraw from them at any time and for whatever reason.

The client will have the right to cancel the hired services at no penalty until 45 calendar days (for holders of SHA Packages), or 7 calendar days (for holders of SHA Full Day Activities and SHA Half Days Activities), prior to the date of the start of the activity. Cancellations from then on and until 30, or 3 calendar days (respectively for Packages, or Full Day and Half Days Activities) prior to the date of the start of the activity, a linear penalty up to 60% of the purchase price shall be charged to cover the organizational costs of SHA incurred already for the booked activity. Any cancellation after 30 or 3 calendar days (respectively for Packages, or Full Day and Half Days Activities) prior to the date of the start of the activity will accepted by SHA but no reimbursement will be executed.

When the client certifies in his/her request for the cancellation of the booking reasons of severe illness, death of an immediate family member or force majeure with direct effect over themselves or their properties (fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity), SHA will offer the client the possibility to re-schedule the thematic service, or to transfer it to a third person, without any additional charges. All payments will be executed by SHA as in the original contracted service. When the service is transferred to a third party, the latter will hold the role of client of SHA for contractual and services effects.

If the minimum number of clients requested by SHA to carry out the thematic tourism services is not achieved, SHA keeps the right to offer the inscribed clients a corrected price for the contracted services. The extra-cost will be transparently justified to the client and it will cover the additional costs derived from a group of travelers below the minimum quorum. The reviewed prices will be communicated to the registered travelers at least 10 calendar days before the finalization of the free cancelation period given to the clients for the specific activity. The new price will have to be explicitly accepted by the booked travelers. If all the additional payments from all the travelers are not received within the agreed terms and timelines, SHA keeps the right to cancel thematic tourism service; under these circumstances, all the costs will be reimbursed to the travelers without any charge.

All the prices shown for the services of SHA in the website www.smartholidaysandalusia.com include compulsory traveler’s insurances, regional and/or municipal taxes and charges, value added tax and any other taxes, charges or canons derived from the activities to be carried out.

The prices only include the services explicitly described in the commercial and contractual documents produced by SHA for the specific activity. In the event of doubt, the client should consult SHA prior to the start date of the activity in order to avoid misunderstandings or unnecessary claims. As a general rule, a strict criterion of literalness is adhered to, meaning that any item not specifically stated as being included in the travel price is not included therein.

In the case the activity depends on the weather conditions, the trip may be cancelled or rescheduled. When the alternative date is not possible for both parts (SHA and customers), the client will receive a full refund upon emailing info@smartholidaysandalusia.com

 

Children from 6 years old and above must to purchase the complete activity on the same price as the rest of adults.  SHA will not take responsibilities for the cares and supervision of the children and adolescents more than an adult requires, so we will look the adult accompanying the kid on any time.

FINAL DISPOSAL

Breaches of these terms and conditions

Without prejudice to SMART HOLIDAYS ANDALUSIA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SMART HOLIDAYS ANDALUSIA may take such action as SMART HOLIDAYS ANDALUSIA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

SMART HOLIDAYS ANDALUSIA may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

This legal advice document constitute the entire agreement between you and SMART HOLIDAYS ANDALUSIA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Spanish Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Málaga.

Credit

The anti spam policy, the linking policy, the legal disclaimer, and the final disposal have been created using a contractology template available at https://www.freenetlaw.com.