Conditions légales

1.1          Who we are

Tourismembassy, hereinafter THE PROVIDER.

GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE

THE PROVIDER offers Access to the web site www.tourismembassy.com under the terms of use described below.

For all additional operations that can be done through the web site which entail a monetary charge or payment, other conditions called “General Conditions“will be established and will be accessible from the homepage of the website.

1.1.1 Access and Users

The website gives access to the person involved, under the condition of USER, and expresses the full and unconditional acceptance by the USER of each and every one of these CONDITIONS OF USE.

The provision of the Portal service is free. However, the PROVIDER reserves the right to restrict access to some services prior to the USER’s registration by filling out a User Registration Form, which is available to anyone wishing to register as a REGISTERED USER.

When the USER needs to register as a REGISTERED USER or provide personal information to access any of the specific services, the collection and processing of the USER’s personal data will follow what has been arranged under the Safety and Protection section regarding personal data.

1.1.2 Modifications

THE PROVIDER, in order to improve the performance of the website, reserves the right to modify, extend or suspend the presentation, configuration, technical specifications, content and services on the website at any time unilaterally and without any notice to the USER.

It also reserves the right to modify, at any time, the terms of use, and any other conditions contained in the website.

1.1.3 Content

THE PROVIDER ensures that all content and services offered on the site respect the principle of dignity, the principle of non-discrimination based on race, sex, religion, nationality, disability or any other personal and social circumstance as well as the principle of protection of the young and children.

1.1.4 Conditions of use

THE USER commits to make good use of the content and services on the website, which cannot be used for illegal activities or which may be contrary to public order, national defense or public health. Any USER’s use of the content and services must be respectful towards the principles outlined above.  

THE USER is expressly authorized to display all information contained on the website and to make private copies of it in their computer systems provided that the contents are for their use only and are not subsequently transferred to third parties. .

1.1.5  Intellectual and commercial property

The website, including, but not limited to programming, editing, compiling and other elements necessary for its operation, designs, logos, texts and / or graphics, are the property of the PROVIDER or, if there is a license or authorization by the authors. All website contents are duly protected by the rules of intellectual and commercial property and registered in public records.

Regardless of the purpose for which they were intended, full or partial reproduction, use, exploitation, distribution and marketing, always requires the prior written permission by the PROVIDER. Any use not previously authorized by the PROVIDER will be considered a serious breach of the rights of intellectual and commercial property of the author.

The designs, logos, text and / or graphics alien to the PROVIDER which may appear on the website, belong to their respective owners, being themselves responsible for any possible dispute that may arise in regards to them. In any case, the PROVIDER has the express prior authorization from them for the use of said designs, logos, text and / or graphics.

THE PROVIDER recognizes in favor of the copyright holders of commercial and intellectual property, with no implication of their mere mention or appearance on the website of the existence of any rights or liabilities of the PROVIDER about them, or any endorsement, sponsorship or recommendation by them.

Comments concerning possible violations of the rights of intellectual or commercial property and on any of the contents of the website can be made via the contact email provided on the home page.

To participate and use the website and send photos and stories, set up a profile or user account, the user authorizes the PROVIDER to publish or otherwise use the material supplied to us anywhere in the world, with a non-exclusive, royalty-free copyright, keeping the USER’s intellectual property of the material submitted.

THE PROVIDER reserves the right to modify or adapt, for editorial reasons, the material sent. The delivery of the material involves the confirmation by the author that it s is an original work, not defamatory or unlawful, on which they have all the rights and / or consents to its disclosure, especially of those who may appear in text and images, or their guardians, if they are under age.

In case these conditions are not met, please refrain from sending and / or sharing any type of material through the web or other platforms arranged, for such purposes, by the PROVIDER.

1.1.6 Exclusion of warranties and liability

Access and use of the website will be under the sole responsibility of the USER.  

THE PROVIDER is not responsible for the accuracy, reliability and validity of the information not generated by same and the contents of which belong to sources of information from third parties unrelated to it. In this regard, THE PROVIDER is only liable for the services and contents generated directly by themselves and identified with a trademark of copyright as a brand or intellectual or commercial property of the PROVIDER.

THE PROVIDER does not guarantee nor take responsibility for damages of any kind which are due to the following circumstances:

1. The lack of continuity of the site and malfunction of the website.

2. The existence of viruses or computer programs from the USER´s computer or the presence of viruses in the services provided by third parties through the website.

3. The knowledge that unauthorized parties may have of the type, conditions, characteristics and circumstances of access and use that USERS make of the website as well as the information and services therein.

4. Under no circumstances, including negligence, loss of business, loss of use, loss of profits, loss of data, indirect, incidental, special or consequential damages resulting from access or use of the services of the website or which would otherwise fall within the setting.

In some cases, for the purchase or rental of certain products or services, the USER will be redirected to a website belonging to a third party. In this regard, the PROVIDER will not be liable for any agreements or transactions that could be established between the USER and the third party.

1.1.7 Use of "cookies"

THE PROVIDER may use "cookies" on their website for easy navigation through the website and to achieve greater efficiency and personalization of the services offered to USERS, so that REGISTERED USERS can be recognized with no need to re-register each time once registered for the first time.

A "cookie" is a small data file that is hosted on the computer of the USER. This cannot read data from the computer hard disk or any other cookies created by other service providers. The "cookies" allow you to personalize services and contents tailored to each USER and to measure the audience of the website. Information obtained through "cookies" is anonymous, so that it cannot be linked to any USER nor identify their name.  

THE USER has the ability to configure the browser on his computer according to his personal needs so it can warn the reception of "cookies" and prevent them from being installed on the hard disk.

1.1.8 Translations

All information and documentation available in other language versions of this website is provided for informational purposes only. In case of discrepancy between the content of these versions and the original Spanish version, the latter will prevail.

1.1.9  Jurisdiction and applicable law

These Terms of Use will be governed by the provisions of Spanish law.

In the event of any discrepancy or dispute concerning the interpretation or application of these Terms of Use or the website content PROVIDER and the USER, expressly renouncing to any other jurisdiction that may apply, will submit to the jurisdiction of the Courts and Tribunals of the USER. In the event that the USER resides outside of Spain, the PROVIDER and the USER, expressly waiving any other jurisdiction that may apply, will be subject to the jurisdiction of the Courts and Tribunals of Figueres.

  • Law 7/1998, of 13 April on General Contract Terms.
  • Law 26/1984, of 19 July, General Law for the Defense of Consumers and Users.
  • Organic law 15/1999, of 13 December, Protection of Personal Data and its regulation.
  • Law 34/2002, of 11 July, Services of the Information Society and Electronic Commerce.

 

1.3 SAFETY AND PROTECTION OF PERSONAL DATA

 1.1.1 Level of Safety

THE PROVIDER has adopted the safety levels required the safety measures regulations approved by the Royal Decree 1720/2007 of December 21. Notwithstanding the foregoing, the technical safety in an environment like the Internet is not invulnerable and there can be leaks by willful misconduct from third parties. 

1.1.2 Protection of personal data

THE PROVIDER guarantees the safety and confidentiality of personal data that are provided as a USER of the website in compliance with the provisions of the organic Law 15/1999 of December 13, Protection of Personal Data.

The collection and processing of personal data is only intended, unless otherwise specified, on the forms of the website where data from the USER is collected, the management of the information provided in the consultations of products or services that the USER makes to the PROVIDER through the website, enabling the procurement of services or purchasing products through the website, the shipment and monitoring as well as complying with the terms of use of the website and its legal obligations.

The data request forms to USERS on the website will be compulsory unless otherwise specified in the appropriate form. In the event of the USER not providing the information requested on a mandatory basis, the PROVIDER may not process the form in question.

The data are subject to the security and privacy policy approved by the PROVIDER in accordance to current regulations at all time.

Should the request include personal data belonging to other individuals, the USER must, prior to their inclusion, inform them of the content of the current clause, in accordance with the provision in the article 5.4 of the organic Law 15/1999 of Protection of Personal Data.

According to the organic Law of Protection of Personal Data (LO 15/1999), the USER may, at any time, exercise his rights of Access, rectification, opposition and cancellation of his personal data, by sending a letter enclosing a copy of their ID card or Passport by the means provided in the Royal Decree 1720/2007 of 21 December, which approves the Regulation of development of the organic Law 15/1999 of December 13 of Protection of Personal Data.

1.1.3 Consent to the use of electronic means of communication with customers and users  

In order to ensure that all commercial communication targeted at customers comply with current legislation and in compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce, we inform you that the PROVIDER may send, through electronic means, information about products and services of his own or from others if expressly authorized when providing the data.

This authorization may be revoked at anytime by contacting the PROVIDER at lopd@tourismembassy.com, as well as through the link for this purpose in the commercial communication you receive.

1.1.4 Safety measures

The access to transactional pages through which the USER of the website contracts products or services from the PROVIDER is done in a secure environment. It is ensured that it is within a secure environment through the address “url” which shows in properties (by pressing the right mouse button). The address “url” starts with “https”, where “s” identifies that the contents are being offered by a secure server.

1.1.5 Links

In the event that the PROVIDER´s website provides links to other websites or contents which are owned by third parties for the sole purpose of providing the USER the possibility of complementing information through these links, the PROVIDER is not responsible in any case of the results that may arise to the USER through accessing these links.

The USER, and generally any natural or legal person who intends to provide any technical device link from their website to the PROVIDER´s website, must obtain prior written authorization of the PROVIDER. The establishment of the link does not imply in any case the existence of a relationship between the PROVIDER and the owner of the site where the link is established, or the acceptance or approval by the PROVIDER of its contents or services.

© 2013-2023 Tourismembassy

Email: info@tourismembassy.com

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