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General Terms and Conditions for Guests

General Terms and Conditions for Guests

1. Introduction

These terms and conditions (the "Guests Ts&Cs”) govern the relationship between Renaissance Dreams S.A., Urbanizacion Montiboli 10A, 03570 La Vila Joiosa, Spain ("Provider") and any user of this website and of the content or services available through it (this, or the "site") ("Guest"). Guests include people who use the site to access information about, or to rent, properties.

The Guest Ts&Cs constitute a legally binding agreement between the Provider and the Guest.

By using or accessing this site, you agree to the Guest Ts&Cs.

The Provider does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.

2. The Basics

This site is a place where Guests can view advertising of, and obtain information about, properties offered for rental ("Properties") by others, including property owners and managers, (collectively, "Owners"), and communicate with those Owners.

The Provider is not, and does not become, party to any contractual relationship between the Guest and the Owner, and does not mediate between the Guest and the Owner in the event of any dispute arising between them. The site is a venue for Owners and Guests to interact.

3. Property Listings and Interaction with Owners



Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer ("Listings"), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.



If Guests find a Property in which they are interested, they can send an information request to the Owner (an "inquiry") stating their surnames e-mail address and telephone number, and other requested information, without having to log in to the site for the purpose.

The Guest receives a confirmation from Provider, once an inquiry has been sent to Owner.

The Owner may then communicate with the Guest in connection with the inquiry.

The Provider has no responsibility for, or involvement in, the communication between the Owner and Guest.

4. Rights and obligations of the Provider

The Provider shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Properties that Owners have submitted to the Provider are as true and accurate a representation of those photos as practicable. However, Guests acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

Further, Guests also acknowledge that Owners - and not the Provider - are responsible for the accuracy with which the photos depict the relevant Property.

The Provider may occasionally undertake upgrades and maintenance of the site. These works may result in restrictions in the usage on the site. The Provider will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Guests usage is least affected.

The Provider offers a messaging system which may be used by the Owner and Guest  for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Property. Guests acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. The Provider is not liable for any such misuse.

Each Guest acknowledges that the Provider is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.

The Provider reserves the right to transfer these Guest Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Guest Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Guest under these Guest Ts & Cs.

5. Intellectual Property and Related

All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

Guests are permitted to download, display or print individual pages of the site to evidence their agreement with the Provider. The relevant file or the relevant printout must clearly bear the text "Renaissance Dreams S.A. - All Rights Reserved".

Where a Guest submits to or transmits through the site any content of any type, including text or images, the Guest undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured or owners of featured items.

6. Guests Communications

Messages sent via the Provider's messaging system should only relate to serious booking enquiries. It is prohibited to misuse the Provider’s messaging system, such as by sending unsolicited commercial communications (spam).

E-mails and site recommendations transmitted via the "Recommend this site" function should only be sent with the recipient’s consent.

The Provider also makes available to Owners a facility for Owners to submit to the site comments provided by people - whether or not they have rented the Property through the site - who have stayed at the Property ("Guestbook Comments").

Please note that the Provider does not, and does not realistically have the ability to, verify the accuracy or otherwise of Guestbook Comments.

The Provider does not generally conduct identity checks. If Guests suspect that the Owner has supplied false information, they are invited to notify it to the Provider.

The Provider complies with its data protection obligations. Further details can be obtained from the data protection policy.
 

Owners generally authorise the Provider to forward the Owner’s contact details,
including telephone number, to Guests in connection with a Property booking. Guests may ask for these details to be supplied on production of proof of the booking.

7. Indemnification

The Guest shall indemnify and hold the Provider and its affiliates in other countries ("Provider Affiliates") harmless against any claims by third parties brought against the Provider or any Provider Affiliate arising out of or in connection with any breach of these Guest Ts&Cs on the part of the Guest.

8. Prohibitions
 
The Guest shall not directly or indirectly:

1. With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
2. Monitor content on the site by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the site or the Provider) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with the Provider's robots.txt file;
3. Use the site for purposes other than those referred to in these Guest Ts & Cs;
4. Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
5. Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
6. Upload or send to the site any contents or programs, which on account of their size or nature, might damage the Provider's computers or networks;
7. Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
8. Use or access the site in any way that might endanger any computer system or network, including by making available any virus (for which purpose, "virus" includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
9. Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered "phishing" (whether primary, secondary or other) or that would give rise to criminal or civil liability;
10. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
11. Refer to the Provider or any Provider Affiliate in any way that might lead someone to believe that the Guest or any website is sponsored by, affiliated with, or endorsed by the Provider or any Provider Affiliate.

9. Right to delete content

Guests are responsible for ensuring that their communications, and content posted, through or in connection with the site, including communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright or data protection law. Without prejudice to any other available remedies, the Provider shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.

10. Notifications

Messages are to be sent using the contact email or by ordinary post to Renaissance Dreams S.A., Urbanizacion Montiboli 10A, 03570 La Vila Joiosa, Spain.

Notifications of copyright infringement must contain:

1. Your postal address, telephone number and e-mail address
2. Precise details about the content in question (insertion of the text or image) including a link to the website;
3. A signed declaration in lieu of an oath, which implies that you:
   1. Hold the exclusive rights to use the work;
   2. Have not authorised the use of the material in question in this form.

11. Liability of Provider

In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if the Provider has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site, you do not agree with any part of these Guest Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site. Nothing in these Guest Ts & Cs shall exclude or restrict the Provider's liability for death or personal injury resulting from its negligence; nor for the Provider's fraud or fraudulent misrepresentation.

12. Miscellaneous

These Guest Ts & Cs, and the relationship between the Owner and the Provider, shall be governed by and construed in accordance with the laws of Spain and subject to the non-exclusive jurisdiction of the Alicante courts.

These Guest Ts & Cs contain the entire agreement between the Provider and Guest relating to their subject matter.

The Provider recommends that each Guest save his/her own copy of these Guest Ts & Cs in a separate file on its PC or in print-out form.

The Provider's failure to act with respect to a breach of these Guest Ts & Cs by the Guest or others does not waive the Provider's right to act with respect to subsequent or similar breaches.

The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Guest Ts & Cs.

The invalidity of one or more provisions of these Guest Ts & Cs shall not affect the validity of the other provisions.

Revised Date: Feb 7, 2022