GENERAL CONDITIONS

villazulcabodegata.com is an Internet domain whose ownership corresponds to Cabo de Gata Gestión S.L. (hereinafter VILLAZUL), with NIF B72944721, registered office at Avda. Madre María Aznar, 20, 04009, Almería, Spain, with telephone +34 607 917 582 and contact email address info@cabodegatagestion.com.

Access and use of the website, free of charge, implies the express and full acceptance of the conditions set forth herein, without prejudice to any conditions that may apply to some of the specific services offered through it, reserving the right to modify at any time the present conditions of use, as well as any other particular conditions.

The use of the website implies the full acceptance of each one of the provisions included in this notice, provisions that the user must read carefully taking into account possible changes that may occur punctually during the time.

In case of not agreeing with the content of these conditions, the user must leave the website, not having to access or dispose of the services it offers.

Similarly, the user declares to be of legal age and have sufficient legal capacity to be bound by these conditions, accepting expressly and without exception that the access and use of the website and the services provided therein take place under your sole and exclusive responsibility.

The connections with other websites that may exist, together with the use that the user may make of them, will be subject to these conditions of use, as well as any specific conditions that the aforementioned websites require. Any use other than that authorized is expressly prohibited.

VILLAZUL may unilaterally modify at any time the configuration of the website, the conditions of the services offered and their content, as well as the elimination, limitation or suspension of these services temporarily or permanently, together with the limitation of access to these trying to inform the user of this change, provided that the circumstances so permit, through the corresponding publication on the website.

INTELLECTUAL PROPERTY OVER THE CONTENTS OF THE WEBSITE

All the elements that make up the website, as well as its structure, design and source code, or any other sign capable of industrial and commercial use, are owned and belong to VILLAZUL or third parties who have duly authorized their inclusion in the website, being protected by the rules of intellectual and industrial property.
It is prohibited the total or partial reproduction of the contents of the site, as well as its modification and / or distribution without mentioning its origin or requesting prior authorization.

VILLAZUL will not assume any responsibility derived from the use by third parties of the content of the website and may exercise all civil or criminal actions that correspond to it in case of infringement of these rights by the user.

Only the visualization and loading for the personal, private and non-commercial use of the user is authorized, and its use for commercial purposes is prohibited.

Likewise, the alteration of the website by the user, such as links and the like, is strictly forbidden.

LAW OF SERVICES OF THE INFORMATION SOCIETY AND ELECTRONIC COMMERCE

On the occasion of the entry into force of the Law of Services of the Information Society and Electronic Commerce 34/2002, of July 11, VILLAZUL informs the user that it complies with the obligations required by the LSSI to the service providers of the information society established in Spain.

LINKS

The links contained on this website may be directed to third-party web content, VILLAZUL not assuming any responsibility for the content, information or services that may appear on these sites, which will be exclusively informative and, in no case, imply any relationship between VILLAZUL and the persons or entities that hold such content or owners of the sites where they are located, and VILLAZUL does not exercise any control over them.

In any case, VILLAZUL is exempt from any liability in relation to the services provided by said third parties in the face of any claim of any nature and claim that may be filed in relation to them.

CONFIDENTIALITY

Any data and information that is sent to VILLAZUL, whatever their format and support, will be treated with absolute confidentiality and reservation. Only in the event that the Security Forces require access to this information, in the strict terms of the current legislation and all other legally established cases, will it be provided in accordance with the Law.

VILLAZUL will not use for its own benefit or that of third parties any information that is provided, or a partial or total reproduction of it by any means.

CONDITIONS OF ACCESS AND USE OF THE WEBSITE

1^st. Free access and use of the website.- Access and use of the website by users is free, not requiring prior subscription or registration of the user. However, some of the services provided by VILLAZUL, or by third parties through the website, may only be carried out by subscription or registration of the user or are subject to payment of a price in the manner that is expressly determined.

2^nd. User registration.- In general, the provision of the services provided does not require the prior subscription or registration of the users of the website.

In any case, VILLAZUL makes available to the user of the website some services whose use requires the completion of additional records. The aforementioned registration will be made in the manner expressly indicated in the service itself or in the particular conditions that regulate it.

3^rd. Veracity of the information.- All the information provided by the user through the services provided must be truthful. For these purposes, the user guarantees the authenticity of all the data communicated as a result of completing the necessary forms for the use of the services.

Similarly, it will be the responsibility of the user to keep all information provided to VILLAZUL permanently updated so that it responds, at all times, to the real situation of the user.

In any case, the user will be solely responsible for the false or inaccurate statements made and the damages caused to VILLAZUL or third parties for the information provided.

4^th. Minors.- In order to make use of the services provided on the website, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by the minors under their care.

The full responsibility in determining the specific contents and services accessed by minors corresponds to the elders in whose charge they are.

Since the Internet makes it possible to access content that may not be appropriate for minors, the user is informed that there are mechanisms, in particular filtering and blocking software, that limit the available content and, although they are not infallible, they are special utility to control and restrict the materials that minors can access.

5^th. Obligation to make proper use of the website and the services provided.- The User undertakes to use the website and its services in accordance with the law, these conditions, the particular conditions established in certain services, and other notices, regulations of use and instructions put to their knowledge, as well as with morality, generally accepted good customs and public order.

For this purpose, the user will refrain from using the website and any of the services provided for illicit purposes or effects, contrary to the provisions of these conditions, harmful to the rights and interests of third parties or that in any way may damage , disable, overload, deteriorate or prevent the normal use of the website and its services, computer equipment or documents, files and all kinds of content stored on any computer equipment of VILLAZUL, other users or any Internet user (hardware and software).

In particular and merely indicative and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:

• In any way it is contrary, disparages or attempts against fundamental rights and public liberties recognized constitutionally, in international treaties and other legislation.
• Induce, incite or promote criminal, slanderous, defamatory, violent, or, in general, contrary to the law, morals and generally accepted good customs or public order.
• Induce, incite or promote discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or condition.
• Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or order public.
• Induces or may induce an unacceptable state of anxiety or fear.
• Induce or incite to engage in dangerous, risky or harmful practices for health and psychic balance.
• It is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that induces or may lead to error on its purpose or on the intentions or purposes of the communicator.
• It is protected by any intellectual or industrial property rights belonging to third parties without the user having previously obtained from its owners the necessary authorization to carry out the use made or intended to be made.
• Violates third party business secrets.
• It is contrary to the right to honor, personal and family privacy or the image of people.
• In any way, undermine the credit of VILLAZUL or third parties.
• Violate the regulations on secrecy of communications.
• Constitutes, where appropriate, illegal, deceptive or disloyal advertising and, in general, that constitutes unfair competition.
• Incorporate viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of VILLAZUL or third parties, or that may damage the electronic documents and files stored in said computer equipment.
• Provoke due to its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the services provided on the website.
• Contain HTML tags other than those expressly authorized by VILLAZUL.

6^th. Obligation to make correct use of the contents.- In accordance with the provisions of the previous clause, the user undertakes to use the content made available to users on the website, understood by them, without this listing having character limitative, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes.

7^th. Use of the services offered on the website in accordance with the anti-spam policy of VILLAZUL.- The user of the website undertakes to abstain from:

• Collect data for advertising purposes and send communications and advertising of any kind for sale, or other commercial, without your prior request or consent.
• Send any other type of message not requested or consented previously.
• Send chains of electronic messages that are not requested or previously consented.
• Use distribution lists that can be accessed through the services provided to carry out the activities indicated in sections 1, 2 and 3 above.
• Make available to third parties, for any purpose, data collected from distribution lists.

Users or third parties harmed by the reception of unsolicited messages addressed to a set of recipients may communicate this to VILLAZUL by sending a message to the following email address: info@cabodegatagestion.com.

EXCLUSION OF GUARANTEES AND RESPONSIBILITY

1. Exclusion of guarantees and responsibility for the operation of the website and the provision of services.

    1.1. Availability and continuity, utility and reliability.

VILLAZUL provides its services and contents on an ongoing basis using all the technical means available to carry out said service in a satisfactory manner.

VILLAZUL may, when it considers it appropriate, make corrections, improvements or modifications in the information contained in the website, in the services, or in the contents, without giving rise to or claiming any claim or compensation, or implying recognition of liability any.

VILLAZUL does not guarantee the availability and continuity of the functioning of the website and the services provided. When reasonably possible, VILLAZUL will previously warn of interruptions in the operation of the website and services.

VILLAZUL does not guarantee the usefulness of the website and the services provided for the realization of any specific activity, nor its infallibility and, in particular, although not exclusively, that users can effectively use the website and services, access to the different web pages that make up the site or those from which the services are provided.

VILLAZUL excludes, to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the website and the services rendered, to the fraud of the utility that users may attribute to the website and the services provided, to the reliability of the website and services, and in particular, although not exclusively, to failures in accessing the different web pages of the website or those from which the services are provided.

VILLAZUL will only be liable for damages that the user may suffer as a result of the use of the website when said damages are attributable to a malicious act on their part.

     1.2. Privacy and security in the use of the website and services.

VILLAZUL does not guarantee the privacy and security of the use of the website and the services provided, and, in particular, does not guarantee that unauthorized third parties may not have knowledge of the class, conditions, characteristics and circumstances of the use that users make of the website and services.

VILLAZUL excludes, to the fullest extent permitted by the legal system, any responsibility for damages of any nature that could be due to the knowledge that may have unauthorized third parties of the kind, conditions, characteristics and circumstances of the use that users make of the website and services.

2. Privacy and exclusion of guarantees and responsibility for the contents.

     2.1. Quality.

VILLAZUL does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in its computer system (software and hardware) or in the electronic documents and files stored in it.

VILLAZUL excludes, to the fullest extent permitted by the legal system, any responsibility for damages of any nature that may be due to the presence of viruses, or the presence of other elements, in the contents that may produce alterations in the computer system , electronic documents or user files.

     2.2. Lawfulness, reliability and utility.

VILLAZUL does not guarantee the legality, reliability and usefulness of the contents.

VILLAZUL excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents, and in particular , although not exclusively, for the damages that may be due to:

• Failure to comply with the law, morality, generally accepted good practices or public order as a consequence of the transmission, dissemination, storage, availability, reception, obtaining or access to the contents.
• The infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honour, personal and family privacy and the image of people, property rights and of any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing of the transmission, diffusion, storage, making available, receiving, obtaining or accessing the contents.
• The performance of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents.
• The lack of veracity, accuracy, completeness, relevance and / or timeliness of the contents.
• The inadequacy for any kind of purpose and the disappointment of the expectations generated by the contents.
• Failure to comply, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the contents.
• The vices and defects of all kinds of the contents transmitted, disseminated, stored, made available, or otherwise transmitted or made available, received, obtained or accessed through the website or the services provided.

     2.3. Truthfulness, accuracy, completeness and topicality.

VILLAZUL does not guarantee the veracity, accuracy, completeness and timeliness of the contents. VILLAZUL excludes, to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the contents.

3. Exclusion of guarantees and responsibility for the use of the website, services and content by users.

VILLAZUL has no obligation to control, and does not control, the use that users make of the website, services and content. In particular, VILLAZUL does not guarantee, under any circumstances, that users use the website, services and content in accordance with these conditions and, where appropriate, with the particular conditions that result from application, or that they do so. diligent and prudent way.

VILLAZUL also does not have the obligation to verify, and does not verify, the identity of the users, nor the veracity, validity, completeness and / or authenticity of the data that the users provide about themselves to other users.

VILLAZUL excludes any liability for damages of any nature that could be due to the use of the services and contents by users, or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that users provide to other users about themselves and, in particular, although not exclusively, for the damages and losses of any nature that may be due to the impersonation of the personality of a third party made by a user in any kind of communication made through the website.

PROCEDURE FOR CARRYING OUT ILLICIT ACTIVITIES

In the event that any user, or a third party, considers that there are facts or circumstances that reveal the illicit nature of the use of any content and / or the performance of any activity on the pages of the website, and, in particular, of the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and commercial names, etc.) or other rights, you must send a notification to VILLAZUL that must contain the following terms:

• Personal data of the claimant: name and surname, address, telephone number and email address.
• Specification in detail of the alleged illegal activity carried out on the website. In the case of an alleged violation of rights, precise and concrete indication of the protected content, as well as its location in the web pages.
• Facts or circumstances that reveal the illicit nature of said activity.
• In the case of violation of rights, handwritten signature or equivalent with the personal data of the owner of the allegedly infringed rights, or, failing that, of the person authorized to act in the name and on behalf of the latter.
• Express declaration, and under the responsibility of the claimant, that the information provided in the notification is accurate and the illicit nature of the use of the contents or the performance of the activities described.

Said notification must be sent by postal mail to the following address: VILLAZUL, Avda. Madre María Aznar, 20, 04009, Almería, Spain.

NOTIFICATIONS

All notifications and communications sent by the user to VILLAZUL will be considered effective, for all purposes, when they are directed to the Customer Service by one of the following means:

1. Shipping by postal mail.
2. Sending by email to the following address info@cabodegatagestion.com.

For its part, all notifications of VILLAZUL to the user will be considered effective, for all purposes, when they are carried out in any of the following ways:

1. Sending by mail to the user's address when it has been previously reported to VILLAZUL.
2. Sending by email to any of the accounts that the user has or may have as part of any other service provided by VILLAZUL to the user.
3. Communication by means of a telephone call to the telephone number provided by the user, when this has been previously reported to VILLAZUL.
4. Through emergent messages sent during the provision of the services of the website by VILLAZUL to the user.

In this sense, all the notifications made by VILLAZUL to the user will be considered validly made if they are made using the data provided by the latter and through the aforementioned means. For these purposes, the user declares that all the data provided by him are true and correct, committing himself to communicate to VILLAZUL all the changes related to the notification data.

APPLICABLE LEGISLATION AND JURISDICTION

The conditions of access and use, as well as any relationship between the user and VILLAZUL, will be governed by Spanish law, considering that, in the event of any litigious issue derived from said conditions, the parties will submit to the exclusive jurisdiction and jurisdiction of the Courts and Competent courts, according to article 90.2 of the Consolidated Text of the General Law for the Defense of Consumers and Users.

Likewise, to resolve any litigation or controversy that may arise in the interpretation or execution of these conditions or the relations between the user and VILLAZUL, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and exclusive jurisdiction of the Courts and Tribunals of Almería.