1.1 The terms and conditions set forth below regulate access, browsing and use of the URL www.laquintagolf.com, a website owned by the following companies:
LA QUINTA CLUB DE GOLF, S.A., holding tax ID number A-29210051, a company duly entered in the Malaga Mercantile Register, general volume 863, book 679 of section three of the companies book, sheet 61, page 7,505-A, entry one, with registered office at Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), telephone number 952 762 390, fax number 952 762 399 and e-mail address firstname.lastname@example.org. EL HERROJO CLUB, S.A., holding tax ID number A-29137858, entered in the Malaga Mercantile Register, volume 699, companies book 537, sheet 147, page 4,384, entry one, with registered office at Marbella, Malaga (Spain), telephone number 952 762 400, fax number 952 762 409 and e-mail address email@example.com. CLUB DE INVERSIONES Y FINANZA, S.A., holding tax ID number A-29131505, entered in the Malaga Mercantile Register, volume 638, book 484, section three of the companies book, sheet 77, page 3,486, entry one, with registered office at Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), telephone number 952 762 400, fax number 952 762 409 and e-mail address firstname.lastname@example.org.
1.2 In conformity with the provisions of Article 10 of Law 34/2002 (11July) (LSSICE), set forth below is general information on the companies forming part of the same business group:
KAMPINAS, S.L., SOCIEDAD UNIPERSONAL, holding tax ID number B-29132636, entered in the Madrid Mercantile Register, volume 4,812, book 0, section eight, sheet 50, page M-7897, entry five, with registered office at Avda. de Manoteras 24, 28050, Madrid (Spain), telephone number 952 762 400, fax number 952 762 409 and e-mail address email@example.com.
ALTOS DEL RODEO, S.A., holding tax ID number A-29043700, entered in the Malaga Mercantile Register, general volume 221, book 132 of the companies section, sheet 216, page 103-A, entry one, with registered office at Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), telephone number 952 762 400, fax number 952 762 409 and e-mail address firstname.lastname@example.org.
LA QUINTA DE PRESTACIONES INTEGRALES, S.L., SOCIEDAD UNIPERSONAL, holding tax ID number B-92215094, entered in the Malaga Mercantile Register, volume 2,726, sheet 170, section eight, page MA-47171, entry one, with registered office at Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), telephone number 952 762 400, fax number 952 762 409 and e-mail address email@example.com.
LA QUINTA ADMINISTRACIÓN, S.L., holding tax ID number B-29547213, entered in the Malaga Mercantile Register, volume 1,191 , general book 104 of the companies section, sheet 135, page MA-4.606, entry one, with registered office at Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), telephone number 952 762 400, fax number 952 762 409 and e-mail address firstname.lastname@example.org.
2.1. These are the general terms (hereinafter "General Terms") that regulate access, browsing and use of the web sites to be found under the domain name www.laquintagolf.com (hereinafter laquintagolf.com or Website), as well as liabilities arising from the use of their content (hereinafter "Content" shall mean texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, together with all other creations protected by national laws and international treaties on intellectual and industrial property).
In this regard, User shall mean any natural person or legal entity that accesses, browses, uses or participates, whether free of charge or in exchange for a fee, in the services and activities available on the website laquintagolf.com.
2.2. The User, on accessing, browsing and/or merely using this Website, shall be deemed to specifically accept all the General Terms published at the date the website laquintagolf.com is accessed. Consequently, the User shall first carefully read the General Terms as published at the date the website laquintagolf.com is accessed, which may be displayed and printed.
2.3. In addition to these General Terms, Specific Terms may be published regulating the access, use and/or contracting of specific services offered to Users on the website laquintagolf.com. Prior to using and/or contracting such specific services, the User shall carefully read the applicable Specific Terms, which may be displayed and printed. The use and/or contracting of such specific services denotes acceptance of the relevant Specific Terms in the version published at the time of such use and/or contracting.
2.4 Furthermore, third parties other than those identified in point 1 of these General Terms may be authorised to advertise or provide their services through the website laquintagolf.com. In such cases, the Third Parties shall be clearly identified and relations shall be deemed to be formalised directly between the User and the Third Party, in compliance with such terms as may be applied by the Third Party for the use, provision or contracting of services.
In this respect, these General Terms and the Specific Terms set out in the website laquintagolf.com shall not apply to such relations between the User and the Third Party and therefore laquintagolf.com shall not have any liability as a result of the same.
3.2. These General Terms are therefore valid while published and until fully or partially amended, when the amended General Terms shall come into effect.
3.3. Irrespective of the provisions of the Specific Terms, this Website reserves the right to terminate, suspend or interrupt, at any time and without prior notice, access to the Website's Content and/or services, in which case the User shall not be entitled to claim compensation. Following such termination, the prohibitions applicable to the use of the Content set forth in these General Terms shall remain in force.
4.1. Users shall have free access to the website laquintagolf.com, although certain services and Content may be subject to the prior contracting of the service or product and to payment of a sum of money in the manner stipulated in the relevant Specific Terms, in which case such terms shall be clearly displayed.
Should the User be provided with a password after registering, the User undertakes to make diligent use and maintain the secrecy of the password giving access to these services. Consequently, the User shall be responsible for the custody and confidentiality of any identifiers and/or passwords supplied and undertakes not to assign temporary or permanent use thereof to third parties, nor to allow other persons to access them. The User shall be held liable for any unlawful use of the services by any unauthorised third party using a password as a result of the non-diligent use or loss thereof by the User.
It should be noted, however, that identification and authentication by means of a username and password is an unreliable method in comparison with an advanced electronic signature.
The User is thus obligated to immediately notify the management company of the website laquintagolf.com regarding any event that may permit the undue use of the identifiers and/or passwords, such as theft, loss or unauthorised access to the same, so as to allow cancellation without delay. Until such facts are reported, laquintagolf.com shall not be held liable for any undue use of the identifiers or passwords by unauthorised third parties.
5.1. The Content of the website laquintagolf.com is made available for personal use only. Any unauthorised commercial use or reselling is prohibited without prior written authorisation.
5.2. Access, browsing and use of the website laquintagolf.com is the User's responsibility and therefore the User undertakes to diligently and faithfully observe any additional instructions relating to the use of the Website and its Content issued by authorised personnel.
5.3. Consequently, the User undertakes to use the Website, services and Content diligently, correctly and lawfully. In particular, the User shall refrain from:
Using the Website, services and Content for purposes or having effects that conflict with the law, morality and moral conventions or public policy;
- reproducing or copying, distributing, allowing public access by any means of public communication, transforming or altering Content, unless authorised to do so by the holder of the relevant rights or unless sanctioned by law;
- using the forum made available by the website laquintagolf.com, if applicable, to insert messages that are not directly related to the forum's theme, particularly unlawful, illicit, defamatory or any other content that could infringe on third-party rights or damage computer systems. The Website reserves the right to remove any message deemed inappropriate.
Employing the Content and, in particular, information of any kind obtained through the Website or services to send advertising, direct-selling or any other commercial messages or indiscriminate unsolicited messages; commercialising or disclosing such information by any means..
6.1. The companies identified in section one of these General Terms are the owners of or hold licenses to exploit the intellectual and industrial property rights to the website laquintagolf.com, as well as the intellectual, industrial and image rights to the Content available through the Website.
6.2. Access and browsing by the User shall not in any circumstances be deemed to entail the full or partial waiver, transfer, licensing or assignment of such rights by the holders.
6.3. As a consequence, the copyright notice and any other data identifying the rights of the holders incorporated into the Content, as well as technical protection devices, fingerprints or other information and/or identification devices that may be included in the Content shall not be eliminated, avoided or manipulated.
6.4. The alteration, copying, reuse, exploitation, reproduction, public communication, second or subsequent publication, downloading, mailing, transmission, use, processing or distribution by any means of all or part of the Content of the website laquintagolf.com for public or commercial purposes is likewise prohibited without specific prior written authorisation from the holder of the relevant rights.
7.1. In the event that the User sends information of any kind to the website laquintagolf.com, the User declares, guarantees and accepts the right to do so freely, that the information does not infringe any intellectual property right, trademark, patent, trade secret or other third-party right, that the information is not confidential and that the information is not detrimental to third parties.
7.2. The User accepts responsibility for any information supplied personally or in the User's name. Such responsibility shall be subject to no restrictions and shall extend to the accuracy, legality, originality and ownership of the information, and the User shall hold the Website harmless from any damage that may be caused.
7.3. The acceptance of these General Terms entails that on sending any information, message, review or comment, the User shall assign a non-exclusive, perpetual, irrevocable right, transferable to third parties, to use any intellectual or industrial property rights held by the User over such items. This entails the opportunity to use, reproduce, alter, adapt, publish, translate, distribute and exhibit such information, messages, reviews and comments throughout the world and in any media, without payment of any consideration. The User shall likewise grant to laquintagolf.com the right to use any names that may accompany such review or comment in relation to the same.
8.1 The Website shall accept no direct or secondary liability in respect of:
- The quality of service, speed of access, proper functioning, availability or continuity of the website laquintagolf.com.
- Flaws, defects or errors of any kind in the content transmitted, disclosed, stored or made available, including the accuracy of or the failure to update Content.
- Damage that may be caused to the User's equipment due to the use of the Website, or as a result of viruses and/or other damaging elements in the website laquintagolf.com or in its server, or arising from the violation of the security measures installed.
- Damage or harm caused to themselves or to a third party by any person who infringes the conditions, rules and instructions stated on the website laquintagolf.com, or as a result of violating the security systems of laquintagolf.com.
- Information input by Users or by Third Parties, or breaches of the law, morality, moral conventions or public policy resulting from the transfer, disclosure, storage, availability, receipt, access or obtainment of the Content; infringement of intellectual or industrial property rights, honour, personal and family privacy and personal image (photographs), of property rights and all other rights pertaining to a third party, as a consequence of the transfer, disclosure, storage, availability, receipt, access or obtainment of the Content.
Nonetheless, all the necessary measures have been implemented on the website laquintagolf.com, to the extent possible and subject to available technologies, so as to guarantee the proper functioning of the Website and to avoid the existence and transmission of viruses and other elements that are harmful to Users.
8.2 No liability shall be accepted with regard to the graphic information available on the website laquintagolf.com. All graphic documentation included in this Website is merely illustrative and is subject to changes, particularly that which refers to property developments or real estate, which could be modified as a result of technical changes to plans and projects.
The Users are informed that the information contained in the Website regarding property developments, including real estate for sale, is merely illustrative and general in nature and is subject to possible changes. The property developer responsible shall be stated in all cases. All information required under R.D. 515/89 (21 April) may be obtained by buyers at the address Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), where contracts may be formalised in accordance with the regulations and guarantees provided by Law 57/1968 (27 July).
Links to other websites:
10.1. Users may find links in the website laquintagolf.com to other websites, in the form of buttons, banners, etc., which may be managed by third parties. Laquintagolf.com lacks the authority and the human or technical resources to examine, control and approve all the information, content, products or services provided by other websites linked to laquintagolf.com. Consequently, the Website shall accept no liability of any kind for any aspect of the websites linked to laquintagolf.com. Specifically, for illustrative, non-comprehensive purposes, the Website shall not be held responsible for the functioning, access, data, information, files, quality and reliability of products and services, links and/or general content of such websites.
10.2. The inclusion of any link to a separate website in the website laquintagolf.com shall not imply the existence of any kind of relationship, collaboration or control between laquintagolf.com and the party responsible for the other site.
Links to the website laquintagolf.com from other websites:
10.3. Should any User, entity or website wish to create any kind of link to laquintagolf.com, prior written authorisation shall be requested.
Advertising and services rendered by Third Parties through the website laquintagolf.com:
10.4. The Website does not guarantee the lawfulness, reliability and usefulness of the services rendered by Third Parties through this Website or in respect of which laquintagolf.com merely acts as an advertising medium or channel.
10.5. The Website shall accept no liability of any kind for any damage or harm that may be caused by the advertising, content or services provided by Third Parties through this site and, purely for illustrative purposes, damage or harm caused by the following:
- infringement of the law, morality or public policy;
- inclusion of viruses or other computer codes, files or software that could damage, interrupt or prevent the proper functioning of any software, hardware or telecommunications equipment;
- violation of intellectual or industrial property rights, trade secrets or contractual commitments of any kind.
- acts constituting illicit, deceitful or disloyal advertising and, in general, unfair competition;
- lack of veracity, accuracy, quality, relevance and/or topicality of the content transmitted, disclosed, stored, received, obtained and made available or accessible;
- infringement of honour, personal and family privacy and personal image, and all third-party rights;
- inadequacy for any purpose and failure to fulfil expectations created, or defects and flaws that may arise in relations with Third Parties;
- breach, delay in fulfilment, incomplete performance or termination on any grounds of the obligations and contracts entered into by and with Third Parties.
PERSONAL DATA PROTECTION:
In conformity with applicable Personal Data Protection Regulations, the Users of the website laquintagolf.com are informed that all personal data provided to complete the Website forms or any other personal data that may be submitted to us in the future shall be included in the following computer files previously registered at the Personal Data Protection Agency:
Your data shall be registered in files owned by LA QUINTA CLUB DE GOLF, S.A. and shall be processed for the provision of the services offered in the Website in relation to Golf.
Your data shall be registered in the files owned by EL HERROJO CLUB, S.A. and CLUB DE INVERSIONES Y FINANZA, S.A. and shall be processed for the provision of the real estate services offered in the Website.
Your replies to personal data questions marked with an asterisk (*) are compulsory and the failure to reply will prevent you from proceeding and accessing the service in question. In the event that you provide us with the personal data of a third party or third parties, you shall inform them in advance of the content of this clause. The personal data are collected and processed in order to provide the services offered in the Website by the aforementioned companies and to ensure the adequate maintenance of the relationship formalised (management, administration, improvement and adaptation to the User's preferences and tastes), to prepare statistical studies allowing improvements to the Website design and to send commercial information and advertising on products and services through traditional and/or electronic media.
The individual owners of the personal data may at any time exercise the right to access, rectify, cancel and object to the data in the terms contained in the data protection regulations. To this end, a written and signed request may be sent by mail to LA QUINTA CLUB DE GOLF, S.A. or, if appropriate, to EL HERROJO CLUB, S.A. and CLUB DE INVERSIONES Y FINANZA, S.A. at the address Urbanización La Quinta, Nueva Andalucía, Marbella, Malaga (Spain), indicating the User's full name, a photocopy of their identity card, the action requested and the User's address to which confirmation of the requested action may be sent.
The owner of the data specifically consents to the assignment or communication of the data included in the aforementioned files to the other companies of the Group of Companies, operating in the food, real estate, insurance, hotels and golf services sectors, solely for the purposes described above. The first such assignment is hereby notified. The User's acceptance of the processing or assignment of his or her personal data in the manner stated in this paragraph shall always be revocable, in compliance with applicable Personal Data Protection Regulations.
In any event, the confidentiality and security of the personal data is guaranteed, the legally stipulated security measures having been adopted, which provide reasonable assurance that your personal data will be protected and will not be lost, misused, altered, processed or accessed by unauthorised parties.
This Website may contain links or references to other sites that are not under our control and in which our personal data protection policy is not therefore applicable. We recommend the User to read the relevant information on each website visited. You will be solely responsible for your visits to such sites.
We will only obtain and keep the following information as a result of the User's browsing of the website laquintagolf.com:
Domain name of the provider (PSI) and or the IP address that gives the User access to the network, e.g. a user of the provider XXX will only be identified by the domain name xxx.es and/or the IP address. In this way, we may prepare statistics on the countries and servers that most frequently visit our Website.
Date and time of access to our Website. This will allow us to verify the busiest hours and to make the necessary adjustments to avoid saturation during rush hours.
Internet address of the link to our Website. Using this information, we may determine the effectiveness of the banners and links that lead to our server and therefore promote those that generate the best results.
Number of daily visitors to each section. This allows us to ascertain the most successful areas and to increase and improve their content to ensure more satisfactory results for Users.
The information obtained is entirely anonymous and may not in any circumstances be associated with a specific, identified user.
BROWSING WITH COOKIES
Date and time the User last visited our Website.
Content design selected by the User during his or her first visit to our Website.
Security elements used to control access to restricted areas.
The User may prevent the generation of cookies by selecting the relevant option in his or her browser. The company shall not be held liable, however, should the deactivation of cookies prevent the proper functioning of the Website.
The contracting of products and services through the website laquintagolf.com by minors is prohibited. The Website forms are not intended for minors and no liability shall be accepted for any lack of veracity or accuracy in the data provided by the User. Parents, tutors or legal representatives shall be held liable for acts carried out by minors under their charge, in compliance with applicable legislation.
Adult Users responsible for minors are reminded that they shall be solely responsible for determining which services and/or content are suitable or unsuitable for the minors in question. They are informed of the existence of software that allows access to certain content and services to be filtered and blocked.
13.1. The headings of these clauses are merely informative and shall not affect, qualify or extend the interpretation of the General Terms.
13.2. In the event of any discrepancy between these General Terms and the Specific Terms applicable to each specific service, the latter terms shall prevail.
13.3. In the event that any provision of these General Terms is rendered fully or partially void or inapplicable by a court, tribunal or competent administrative body, such nullity or inapplicability shall not affect the remaining provisions of the General Terms or the Specific Terms for specific services.
13.4. The failure to exercise or enforce any right or provision of these General Terms shall not constitute a waiver of the same, unless specifically acknowledged or agreed in writing.
LEGISLATION AND JURISDICTION
These General Terms have been drawn up in the Spanish language and are subject to prevailing Spanish legislation. In the event of any dispute arising from the use of the services offered in or the Content of this Website shall be submitted by the parties, accepting these General Terms, to the courts and tribunals of the city of Madrid (Spain).