Terms and conditions Marbella
Terms & Conditions Policy
1.Legal information and acceptance
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that My Marbella Weekender SL. makes available to Internet users. ‘My Marbella Weekender SL’ , a company incorporated in Spain with registered number B93534683 whose registered office is at, Office 2, C. Comercial La Colonia Local 18, Avd. Virgen del Rocio s/n, San Pedro de Alcántara, Málaga 29670
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive for our clients and their access is restricted. The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the moment in which the User is connected to the Portal or to any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which they intend to use the Portal, since it and its conditions of use contained in this Legal Notice may be modified. Some services of the Portal accessible to Internet users or exclusively for clients of My Marbella Weekender SL , may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and that must be accepted by the User before starting the provision of the corresponding service.
2.Intellectual and industrial property
All the contents of the Portal, understood by these as merely illustrative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘ Contents’), are the intellectual property of My Marbella Weekender SL or from third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the User, except those that are strictly necessary for the use of the Portal. The brands, trade names or distinctive signs are owned by My Marbella Weekender SL. or third parties, without it being understood that access to the Portal attributes any rights to the aforementioned brands, trade names and / or distinctive signs. All information received on the web, such as comments, suggestions or ideas, will be considered assigned to My Marbella Weekender SL. for free. Information should not be sent that CANNOT be treated in this way. All the products and services on these pages that are NOT owned by My Marbella Weekender SL. are trademarks of their respective owners and are recognized as such by our company. They only appear on the My Marbella Weekender SL. for the purposes of promotion and information gathering. These owners can request the modification or deletion of the information that belongs to them.
3.Conditions of use of the portal
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will respond to My Marbella Weekender SL. or against third parties, of any damages that may be caused as a result of the breach of said obligation. The use of the Portal for harmful purposes of goods or interests of My Marbella Weekender SL. is expressly prohibited. or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of My Marbella Weekender SL. or third parties.
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1. Merely By way of example, the User in accordance with current legislation must refrain from: Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented to by My Marbella Weekender SL. or by whoever holds the ownership of the exploitation rights, if applicable. Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by part of the User or a third party. Extract and / or reuse all or a substantial part of the Contents of the Portal as well as the databases that My Marbella Weekender SL. make available to Users.
3.3 Data collection forms
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests addressed to My Marbella Weekender SL. They are conditioned to the prior completion of the corresponding User registration. All information provided by the User through the Portal forms for the above or any other purposes must be truthful. For these purposes, the User guarantees the authenticity of all the data that he communicates and will maintain the information provided to My Marbella Weekender SL. perfectly 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 for the damages caused to My Marbella Weekender SL. or to third parties for the information they provide. To ensure the quality of our portal, we have to reserve the right to reject any registration request or to suspend or cancel a previously accepted registration if we understand that it does not meet these requirements or any other law or regulation. If this happens, we will try to state the reasons for our decision, but we cannot commit to doing so in all cases.
3.4 Introduction of links to the Portal
The Internet user who wants to introduce links from their own web pages to the Portal must comply with the conditions detailed below without the ignorance of them avoiding the responsibilities derived from the Law: The link will only link to the home page or page portal but you will not be able to reproduce it in any way (online links, copy of the texts, graphics, etc). In any case, it will be prohibited, in accordance with the applicable and current legislation at all times, to establish frames or frames of any kind that surround the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in In any case, when they are viewed together with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serve to take advantage of the reputation of the brand and prestige of My Marbella Weekender SL. ; or (IV) in any other way is prohibited by current legislation. No false, inaccurate or incorrect statement about My Marbella Weekender SL. will be made from the page that introduces the link. , its partners, employees, clients or the quality of the services it provides. In no case, will it be expressed on the page where the link is located that My Marbella Weekender SL. has given its consent for the insertion of the link or that in another way sponsors, collaborates, verifies or supervises the services of the sender. The use of any word, graphic or mixed brand or any other distinctive sign of My Marbella Weekender SL. is prohibited. within the sender’s page except in cases permitted by law or expressly authorized by My Marbella Weekender SL. and provided that, in these cases, a direct link to the Portal is allowed in the manner established in this clause. The page that establishes the link must faithfully comply with the law and may not in any case have or link with its own content or that of third parties that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that My Marbella Weekender SL. subscribes, endorses, adheres to or in any way supports, the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of My Marbella Weekender SL. in attention to the place, content and theme of the sender’s website.
4.Exclusion of liability
Access to the Portal does not imply an obligation on the part of My Marbella Weekender SL. to check the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advisory service or of any kind, so such information is insufficient for the User to make personal or business decisions. My Marbella Weekender SL. It is not responsible for the decisions made based on the information provided on the Portal or for the damages caused to the User or third parties due to actions based solely on the information obtained on the Portal.
4.2 On the quality of service
Access to the Portal does not imply an obligation on the part of My Marbella Weekender SL. to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs. My Marbella Weekender SL. is not responsible for the damages produced in the computer equipment of the Users or third parties during the provision of the Portal service.
4.3 On the availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation do not correspond to My Marbella Weekender SL. Consequently, the services provided through the Portal may be suspended, canceled or inaccessible, prior to or simultaneously with the provision of the Portal service. My Marbella Weekender SL. It is not responsible for damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, My Marbella Weekender SL. acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he / she may notify My Marbella Weekender SL. in accordance with the procedure and the effects established in clause 6, without in any case this communication entailing the obligation to remove the corresponding link. In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of My Marbella Weekender SL. with the statements, content or services provided. My Marbella Weekender SL. does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to My Marbella Weekender SL
5.Protection of personal data
The data collected through the Portal data collection forms will be incorporated into an automated personal data file for which My Marbella Weekender SL. is responsible. . This entity will treat the data confidentiality and for the purpose contained in the files registered with the Spanish Agency for Data Protection for this purpose. Likewise, My Marbella Weekender SL. will cancel, erase and / or block the data when they are inaccurate, incomplete or are no longer necessary or relevant for their purpose, in accordance with the provisions of the legislation on data protection. Send the User consents to My Marbella Weekender SL. for sending information by email or by any other means. However, the User may oppose the sending of said communications in writing with a copy of their N.I.F. to the address Office 2, C. Comercial La Colonia Local 18, Avd. Virgen del Rocio s/n, San Pedro de Alcántara, Málaga 29670. Likewise, in each of the communications shipments, the procedure enabled to oppose successive shipments will be expressly indicated. In the data collection forms, the fields marked with an asterisk are mandatory, so in the event that the User does not provide the corresponding data, My Marbella Weekender SL. may at its sole discretion deny the corresponding service. The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by going to the address indicated in clause 1 for this purpose, for this they must indicate their name, surnames, in addition to their photocopy of ID.
6.Communication of illegal and inappropriate activities
In the event that the User or any other Internet user were aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact My Marbella Weekender SL. indicating the following: Personal data of the caller: name, address, telephone number and email address; Description of the facts that reveal the illegal or inappropriate nature of the Linked Site; In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator. Likewise, you must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the communicator; Express declaration that the information contained in the claim is accurate. The reception by My Marbella Weekender SL. The communication provided for in this clause will not imply, according to the provisions of the LSSI, effective knowledge of the activities and / or contents indicated by the communicator. Likewise, you must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the communicator; Express declaration that the information contained in the claim is accurate. The reception by My Marbella Weekender SL. The communication provided for in this clause will not imply, according to the provisions of the LSSI, effective knowledge of the activities and / or contents indicated by the communicator.
All notifications and communications made by the parties will be valid in accordance with the means admitted by Law. Those relating to this Portal will be considered effective, for all purposes, if they are carried out through the Portal itself.
My Marbella Weekender SL. reserves the right to make the modifications it deems appropriate on its website without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they are presented. On the other hand, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.
This Legal Notice is governed in each and every one of its extremes by Spanish law. For any litigation that may arise related to the website or the activity that takes place in it, the Courts of Marbella will be competent, the user expressly renouncing any other jurisdiction that may correspond.
Cancellation & Refund Policy
- ‘We’, ‘Us’, ‘Our’ and ‘My Marbella Weekender’ are all references to My Marbella Weekender SL.
- ‘You’, ‘Your’, ‘Group’ or ‘Party’ means any or all people included in the booking. Including those added or substituted at a later date.
- ‘Activity’ ‘Activities’ ‘Arrangement’ ‘Arrangements’ ‘Booking’ or ‘Bookings’ means any activities, venues, melas, transfers, accommodation and other services of whatever description that are booked through us for you in accordance with our contract.
- ‘Supplier’ ‘Suppliers’ is anyone that allows us to pass bookings onto them on the behalf of our clients.
- ‘Lead Customer’ is the customer that deals with the booking.
The contracts entered into upon booking with My Marbella Weekender SL are between you and the supplier of the arrangement.
It is with this in mind that we recommend that you check through all of the terms and booking conditions of each individual supplier of the arrangements made for your group before booking.
The individual terms and conditions of each supplier will be provided to you upon request only.
When making your booking we arrange for you to enter into a contract with each supplier of your arrangement(s). Your booking with us is subject to each individual supplier’s terms and conditions and it is the supplier who will accept liability for any acts or omissions made after the booking has been confirmed. In respect of these bookings we will accept no liability in relation to any contract you enter into or for any Arrangements you purchase or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any Arrangements.
The lead customer will accept full responsibility for making the rest of the group aware of the booking conditions and has the authority to deal with us on your behalf. The lead customer is liable to make any payments due to My Marbella Weekender for any bookings made on behalf of your group.
1.CANCELLATION GENERAL BOOKING TERMS
1.1 Any cancellation or booking amendment request must be sent to us in writing via email and will take effect on the day that we acknowledge receipt via a return email to you from a member of our team.
1.2 Please ensure that you have received written confirmation of any changes that have been made to your booking prior to travel as without confirmation any change in booking will not be confirmed.
- CHANGES AND CANCELLATIONS MADE BY YOU
2.1 While we will always try our best to assist with your requests to amend or cancel a booking we cannot always guarantee that any changes or cancellations can be made after the booking arrangement has been made.
2.2 Any requested amendments or cancellations made by you on behalf of your group can only be accepted in accordance with the terms and conditions and refund policies of the supplier of your booking arrangement and our terms and conditions.
2.3 The supplier has the right to charge a fee for the cancellation or amendment of any booking made in accordance with the information displayed within their booking terms and conditions.
2.4 Where a cancellation is made after the deposit payment has been paid and it is more than 60 days before the date of your booking the deposit paid is non refundable.
2.5 Where a cancellation is made either less than 60 days before the date of your booking or after the full and final payment has been made by you to My Marbella Weekender SL (whichever comes first), My Marbella Weekender SL reserve the right to retain 100% of the total cost of your booking(s).
2.6 Where possible, depending on the refund policy of the supplier of your booking(s) should it be more lenient than our refund and cancellation terms it may be possible to part refund your booking(s) however this will be minus the administration fees of the supplier and the administration fees of My Marbella Weekender SL and will depend on the supplier’s refund policy.
2.7 If you fail to turn up to your arranged booking then in this case 100% of the cost of your arrangement will be retained.
2.8 If a cancellation or amendment is made to a booking where the price of that booking is dependent on the number of people taking part in the booking arrangement, the price difference will be charged accordingly.
If the number of people taking part in the activity decreases after booking, the person or people that can no longer take part in the activity may still be charged in full if the price was calculated based on the number of people included in the booking.
2.9 If the number of people taking part in the booking increases, the price of the booking will be reworked to include the additional people and you will receive a new booking confirmation. You will be required to pay the increased price for the additional group members.
- CHANGES AND CANCELLATIONS MADE BY US
3.1 Sometimes we may have to make changes to your booking to correct errors made before and after bookings have been confirmed by us, this is also true for any of the suppliers of any arrangement offered through our website www.mymarbellaweekender.com
3.2 Whilst ourselves and our suppliers always try to avoid making any changes or cancellations to arrangements made through My Marbella Weekender SL, we and they must reserve a right to do so.
3.3 More often than not changes made to any booking arrangements will be minor, such as an alteration of the time of the activity or activities. However in extremely rare circumstances a cancellation or a change of date may need to be made. If this happens you will be made aware as soon as possible after the supplier has made us aware of the situation.
3.4 If this is the case we will offer you the following options:
- To choose an alternative as suggested by us which will be a similar standard to your original booking arrangement.
- To cancel the booking in which case we will obtain a full refund from the supplier of all monies you have paid to us relating to the cancelled or date amended arrangement.
- Accept a new arrangement matching the value of your previous arrangement. If the new arrangement costs more than the previous arrangement you will be required to pay the increased price. If the new arrangement costs less than the original arrangement we will obtain a refund for you of the difference in price between the cancelled or amended arrangement and the new booking arrangement.
3.5 Please note that none of the options above are available where any change made to your booking is a minor one (ie change of time).
3.6 No liability beyond offering the above mentioned alternatives can be accepted where changes or cancellations to your booking arrangement are made.
3.7 Where the cancellation of your activity is completely beyond our control such as closure of a supplier’s company or venue, in this case, while we will always make an effort to return any monies paid by you, sometimes this may be impossible.
3.8 In any case where we are unable to gain a refund for your cancelled booking back from the supplier(s) of your arrangement, 100% of the cost of your booking will be retained.
3.9 In such an event it will be the supplier that you have formed a contract with upon booking, and it will be that supplier that will be liable to return any payments made by you.
4.1 Where the weather affects your ability to take part in your booking(s) you will not be entitled to change or cancel your booking without paying ours or the supplier’s normal charges and you will not be entitled to the options set out in clause 3.4. We will of course assist you to find alternative activities or arrangements however these alternatives may only be available at an additional cost to you.
4.2 Where the weather affects your booking and the activity or event you booked is unable to take place you will be charged a 3% administration and amendment fee by My Marbella Weekender SL in addition to any normal fees charged by the supplier of the arrangement. If the supplier confirms that your booking is still able to go ahead despite the weather conditions you will not be entitled to a refund.
4.3 Where possible, if we can find an alternative booking for the same price as your previous arrangement and this is booked by your group, My Marbella Weekender SL will only charge any normal fee charged to us by the supplier of the cancelled booking arrangement. This is only the case if the supplier states that your booking is unable to go ahead due to adverse weather conditions.
4.4 Where an alternative booking is found and the cost of the new booking is higher than the cancelled booking you will be required to pay the increased price plus any administration fees incurred by us or our suppliers.
- OUR LIABILITY
5.1 My Marbella Weekender SL acts as a sales agent for the suppliers and arrangements that can be found on our website www.mymarbellaweekender.com. The agreement that we make with you is to source and book arrangements for you with our suppliers.
5.2 The contract(s) that are made are with each applicable supplier of the arrangements that we book for you, and the arrangement is therefore governed by each individual supplier’s booking conditions. Our responsibility is limited to making an arrangement between you and the supplier of the booking(s) in line with any instructions you may give us.
5.3 We accept responsibility for the arrangements that we provide to you if we fail to use reasonable care and skill in selecting the supplier(s) who provide your bookings. However we accept no responsibility for any booking arrangements or information that we pass onto you in good faith.
5.4 If you should wish to make a claim against us it is your responsibility to show that we have failed to use reasonable care and skill in selecting our supplier(s).
We advise that you take out appropriate personal insurance to cover you in the event of any illness, accident or cancellation of arrangements made by us. You must ensure that any policy you take out covers the booking arrangements and activities you intend to undertake along with cover that does not form part of your booking arrangements.
7.ABILITY TO UNDERTAKE ARRANGEMENT
7.1 If you suffer from any medical condition it is your responsibility to make us aware of this at the time of making any booking arrangements.
7.2 Some of the activities and booking arrangements require a good level of fitness and strength and it is your responsibility upon booking to ensure that you have the appropriate level.
7.3 If we have been made aware of any medical condition you may have which deems an activity unsuitable for you, we have the right to contact the supplier and make them aware of this. The supplier then holds the right to refuse your booking on this basis.
7.4 If the booking has already been confirmed and we are later made aware that you suffer a medical condition that will make the activity or arrangement unsuitable for you the supplier reserves the right to cancel your booking and normal cancellation charges will apply as laid out in clause 2 of this policy.