1. GENERAL INFORMATION.
2. OBJECT, SCOPE OF APPLICATION AND SERVICES.
3. LIABILITY EXCLUSION.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
5. ACCESSING AND USING THE WEBSITE.
6. TERM AND MODIFICATION.
7. PERSONAL DATA PROTECTION.
8. MISCELLANEOUS.
9. JURISDICTION.
In accordance with the provisions in Article 10 of Act 34 of 11 July 2002 on the Information Society and e-Commerce Services (with initials in Spanish “LSSICE”), we provide you with general information, which includes the identifying data of the business that owns this website www.essentialconcierge.es (hereinafter referred to as the “Website”) and information regarding its use:
Owner: NACHO GDR SERVICES, S.L.2.1. Object and scope of application.
This Disclaimer regulates the use of the Website www.essentialconcierge.es and the access, browsing and use thereof, as well as the obligations derived from the use of its content (“content” shall hereinafter be deemed to mean the following: text, graphics, pictures, designs, source code, software, photographs, images, statements and information), as well as any other creation protected by Spanish law and international treaties governing intellectual and industrial property.
Browsing this Website implies the acceptance of this Disclaimer, which the User must read each time it decides to use the Website since it may be subject to modification at any time.
In this respect, a user shall be deemed to mean any person who accesses, browses, uses or participates in any of the services or business carried out on the Website (hereinafter referred to as the “User(s)” and/or “Consumer”).
NACHO GDR SERVICES, S.L., (hereinafter referred to as “Essential Concierge”) may impose Special Terms and Conditions to regulate the use and/or sign-up for special or specific services on offer to Users through the Website. Before signing up for such services, the User must first read the relevant Special Terms and Conditions drawn up for such purpose by Essential Concierge. Using and/or signing up for such specific service shall imply acceptance of the Special Terms and Conditions that regulate them in the version that Essential Concierge posts on the website.
Essential Concierge may authorise third parties or institutions to advertise or provide their services through the Website. In such cases, Essential Concierge shall not be responsible for the general and/or special terms and conditions that must be taken into account when using, providing or signing up for the services offered by third parties. Under no circumstances shall Essential Concierge be held liable nor shall it be deemed to guarantee the services provided by third parties.
2.2. Services.
The service specified on the Website is related to providing advisory and consulting services for all types of travel and/or activities.
Similarly, it is also related to providing reference services for training courses given in schools, hotels or tourist centres.
Furthermore, the Website may also offer collaboration services with various events, depending on the circumstances in each case.
3.1. Essential Concierge does not guarantee the quality, precision, reliability, accuracy, completeness or morality of the data, programmes, information or opinions, whatever their source may be, that are posted on the Website or in the networks that the user may access from it. The user states and guarantees that it will hold Essential Concierge fully harmless for all of these aspects. Therefore, the User undertakes to take full responsibility for the consequences, damages or actions that may arise due to accessing such content as well as the reproduction or dissemination thereof.
3.2. Under no circumstances shall Essential Concierge be held liable for any interruptions or downtime in accessing the Website, whether caused by the actions or omissions of Essential Concierge or those of third parties.
3.3. Essential Concierge does not guarantee the legality, trustworthiness, usefulness, truthfulness or precision of the services or information that it posts on the Website.
Therefore, Essential Concierge does not guarantee nor does it take responsibility for the following:
The constant availability of the content on the Website.
The absence of errors in such content nor the correction of any defect that may occur.
The absence of viruses and/or any other harmful content on the Website or on the server that hosts it.
The Website is not vulnerable to security breaches and/or that the security measures adopted for such purpose are impenetrable.
The lack of usefulness or performance of the Website.
The damages that any person may cause to him/herself or to a third party by infringing the terms and conditions, rules and instructions stipulated by Essential Concierge on the Website or due to the security system thereof being breached.
However, Essential Concierge does guarantee that it has adopted all the necessary measures, as far as possible and within the state of the art, to ensure that the Website functions and that viruses and other harmful components are prevented from being passed on to the Users.
4.1. The content on the Website (URL), texts and images, graphic design, source codes, logos, trade marks, trade names, etc., are owned by and the exclusive property of Essential Concierge and are protected by the regulations that govern Intellectual and Industrial Property; it is therefore prohibited to reproduce, modify or disseminate, publicly disclose or distribute such content by any means without prior written authorisation from Essential Concierge.
4.2. Under no circumstances shall it be deemed that the User accessing or browsing the Website implies that Essential Concierge partially or totally waives, transfers, licences or assigns such rights.
4.3. Therefore, it is forbidden to delete, bypass or tamper with the Copyright notice or any other identifying data belonging to Essential Concierge or the titles holders included in the content.
4.4. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly disclose, make secondary or subsequent publications of, load files, send via mail, transfer, use or distribute by any means all or part of the content included on www.essentialconcierge.es for public or commercial purposes, without express written authorisation from Essential Concierge.
Specifically, Essential Concierge expressly prohibits the reproduction of its web pages being considered a quotation, according to the provisions of Article 32.1 Paragraph Two of Legislative Royal Decree 1 of 12 April 1996, which approved the Spanish Intellectual Property Act, unless express written authorisation is granted for such purpose.
5.1. Access to the Website is freely available and free of charge for the Users.
5.2. Access, browsing and use of the Website is the responsibility of the User; the User therefore undertakes to diligently and faithfully observe any additional instructions provided by Essential Concierge or by its holder regarding the use and content thereof.
5.3. The User therefore undertakes to diligently, correctly and legally use the content and specifically undertakes to abstain from the following:
Using the content for purposes that are against the law, morality and generally accepted good practice or public order.
Reproducing or copying, distributing, granting public access to the content through any means of public dissemination, and transforming or modifying it, unless authorisation has been granted for such purpose by the holder of the relevant rights or this is permitted by law.
Using the content and, specifically, information of any kind obtained from the Website or the services to post advertising, publications aimed at direct sale or any other commercial purpose, spam messages to a group of people regardless of the purpose thereof or marketing or disclosing such information in any way.
6.1. Essential Concierge may partially or fully modify the terms and conditions stipulated herein by publishing any change in the same format as it appears in this Disclaimer or by any other means of communication sent to the Users.
6.2. The valid term of this Disclaimer is the same term as that in which it is posted until it is partially or fully modified; at such time the valid term shall be the same as the time the Modified Disclaimer is posted.
6.3. Essential Concierge may terminate, suspend or interrupt access to the content at any time with no need for any prior notice and the User may not claim any compensation whatsoever for such reason. After such termination, the prohibitions for using the content contained in this Disclaimer shall continue to be applicable.
7.1. In accordance with the regulations in force regarding data protection, as well as the information society and e-commerce services, the User accepts that the personal data it provides to Essential Concierge at any time to access any of the services on the Website will be included in files owned by Essential Concierge in order to be able to render the requested services, for the correct identification of the Users requesting services, to conduct statistical research on the users, to manage basic administrative tasks and to keep the User informed, either by email or any other means, of the updates made by Essential Concierge. For commercial notices sent by email or any equivalent means, the Users grant their express consent for such advertising to be sent via such means.
7.2. Essential Concierge undertakes to fulfil its obligation to keep the personal data secret and treat them confidentially and, for such purpose, it undertakes to apply the necessary technical, organisational and security measures to avoid the data being altered, lost, unauthorised processing or access in accordance with the Spanish Data Protection Act (LOPD).
7.3. If it is necessary for the file manager to grant access to the data to a third party so that the latter can render a service, it shall not be deemed dissemination of the data. Essential Concierge and the external third party shall enter into a similar agreement, which must be drawn up in writing or by any other means that proves such document and its content has been signed, and shall stipulate that the head of data processing will act according to the instructions given by the processing manager, and shall not apply or use them for any purpose other than that stipulated in such agreement and shall not disclose them to other people, not even for their storage, in accordance with Article 12 of the Spanish Data Protection Act (LOPD) regarding third party access to data.
7.4. The User shall be held liable, in all cases, for the accuracy of the data provided; Essential Concierge reserves the right to exclude any User from using the services that has provided false data, notwithstanding any further actions that may be taken according to the law.
7.5. All Users may, at any time, exercise their rights to access, rectify, delete and oppose the data provided. Essential Concierge undertakees to use the data provided and to observe their confidentiality and will only use them for the purposes stipulated in the previous sections.
8.1. The headings of the various clauses are merely for informative purposes and do not affect, categorise or extend the interpretation of the Disclaimer.
8.2. If any clause or clauses in this Disclaimer is/are deemed partially or fully null or void by any Court, Tribunal or Competent Administrative Body, such null or void ruling shall not affect the other clauses nor the clauses in any possible General Terms and Conditions or Special Terms and Conditions of the service provided by Essential Concierge.
8.3. If Essential Concierge does not exercise or enforce any right or clause contained in this Disclaimer, this shall not be deemed as a waiver thereof, unless this is acknowledged and accepted thereby in writing.
The relationship entered into between Essential Concierge and the User shall be governed by the provisions in the regulations in force regarding applicable law and competent jurisdiction. However, if the regulations stipulate the possibility to submit a dispute to a jurisdiction, Essential Concierge and the user undertake to submit such dispute to the Courts and Tribunals of the City of Barcelona, expressly waiving any other jurisdiction that may be applicable.