1.1. RENT ALIA HOLIDAYS, S.L.U. (hereinafter, “Rentalia”), registered address at C/ Marqués de Cubas 25, 2ª - 28014 Madrid and holding tax ID no. (NIF) B-83467613, registered in the Madrid Companies Registry, in Tome 18,424, book 0, sheet 200, section 8, page M-319796, 1st entry, is the registered owner of the www.rentalia.com portal (hereinafter the “Portal”) and it makes the same available to Internet users , in order to inform, advertise and provide information about holiday accommodation (hereinafter the “Accommodation”), both in Spain and abroad, and a variety of information associated with tourism, as well as offering certain services related to tourism through the Portal.
1.2. By browsing and using the Portal, a person is granted the status of user of the Portal (hereinafter, the “User/s”) and this implies accepting all the conditions included in this Legal Notice. The duration of the service rendered by the Portal is limited to the moment in which the User is connected to the Portal or to any of the services provided thereby. Therefore, the User should read this Legal Notice carefully every time they intend to use the Portal, because this and its conditions of usage, set forth in this Legal Notice, may undergo modifications.
1.3. Some of the Portal services that are open to Rentalia Users may be subject to specific conditions, regulations and instructions which, if applicable, replace, complete and/or modify this Legal Notice and should be accepted by the User before the corresponding service begins to be rendered.
2.1. This Legal Notice regulates the conditions, access and use of the Portal, its contents and services, whether they incur a charge or not, made available to Users; a term which includes both Travellers and Accommodation Owners and services comprising the Portal.
2.2. This Legal Notice will be applicable both to promotional activity and information provision offered through the Portal, and to the rendering of services offered on the Portal, whereby they will be in force both for simple Portal browsing and for the rendering of services on the Portal, although the latter will be subject both to this Legal Notice and to the Service Conditions included on the Portal and the specific conditions which, if applicable, may exist.
a. User status
By merely accessing and/or using the Portal, Users imply their full acceptance, without any reservations, of the Conditions of the Legal Notice that are shown on the published version from the time that Users access them. They are understood to be accepted by the simple fact of visiting the Portal pages and, in particular, if the services offered on the Portal are used. The User states they are of legal age and they hold the legal entitlement to enter into and assume the conditions of the Legal Notice itemised herein.
b. General Regulations of Usage
The User undertakes to use the Portal diligently and correctly, in particular when publishing Contents on the different forms which allow them to do so and, if applicable, shall communicate with respect with other Users on the Portal. They likewise undertake, by way of an example but not exclusively, not to insert Contents, and in particular opinions, videos or images or make comments or perform actions that are:
The Portal allows the User to issue and publish Contents and in particular positive or negative opinions, images or videos about the holiday Accommodation and their surroundings. The Portal does not moderate the Contents entered by Users; they are dumped directly and at the latter’s exclusive liability, although those which, at Rentalia’s discretion, expressly and manifestly breach the foregoing conditions, may be withdrawn without prior warning Rentalia shall neither be held liable nor guarantees the truthfulness and accuracy of the Contents Users enter on its Portal. The User shall answer to Rentalia or to any third party, for any damages that may be caused due to any breach of the foregoing obligations.
c. Industrial or Intellectual Property
The data compilation that Rentalia makes available to Users (hereinafter, the “Databases”) and all the Portal contents, understanding that these may include but not exclusively be, texts, contract templates, images, videos, photographs, trade marks, graphics, logotypes, icons, technology, software, links and other audiovisual or sound contents, together with its graphic design and source code (hereinafter, the Contents) or any other signs that may be of industrial or commercial use are intellectual property belonging to Rentalia or third parties, and the exploitation rights over them are not deemed made over to the User except in what is strictly necessary for the correct use of the Portal. The User states he/she is the owner of the Contents they publish or states they have authorisations from the author or Owner, and they transfer to Rentalia, free of charge, indefinitely, for an unlimited period of time and for worldwide scope, the reproduction, distribution and publication rights on the same through web pages, digital information gazettes and other similar publications and expressly authorise Rentalia to transfer said Contents to third-party websites and other digital or physical media with which Rentalia has subscribed a collaboration agreement. The reproduction, distribution, public communication or transformation of any element belonging to Rentalia is strictly prohibited, unless the latter has given its express permission for this. Unauthorised use of the Databases, Contents or any other element that belongs to Rentalia’s industrial or intellectual property will result in responsibilities of a criminal, civil or other nature stipulated by law. Under no circumstances shall Rentalia be held liable for infringements by the User affecting third party rights and the User shall exonerate Rentalia in the event of any claim being brought against it. In those cases in which Rentalia is contracted by the advertiser to take photographs of the properties, said photographs shall belong to Rentalia, and this shall be indicated on them; however, Rentalia, will award the advertiser an indefinite license with no geographical constraints to use them.
d. Database and Contents
The User undertakes to use the Databases and Contents included on the Portal compliant with the Law and with this Legal Notice. The actions prohibited may include, but not exclusively comprise:
Rentalia shall under no circumstances be held liable for the content, functioning and/or data protection policy or other terms contemplated on other websites that may be accessed by the inclusion links on this WEBSITE, nor for the contents, services or products offered by the same, in view of the fact that these other sites do not belong to Rentalia. The hyperlinks contained on the Rentalia WEBSITE may direct Users to third-party websites. Rentalia includes them to facilitate the User’s browsing but it does not accept any liability whatsoever for the content, information or services that may appear on said sites, which will be exclusively for information purposes only and shall in no case imply any relation between the forecited third party and Rentalia.
4.1. For the purposes provided for in the Personal Data Protection legislation, Rentalia informs the User of the existence of a file containing personal data which may obtain personal data regarding their person obtained through the Portal the aim of which is statistical, for redefining services offered, for security for controlling quality and for maintaining and managing the business and legal relationship binding them to Rentalia, as well as, if applicable, the sending of Newsletters (free subscriptions) and/or commercial or promotional notifications.
4.2. The User therefore consents to their data being used for the purposes indicated on the forms included on the Portal and hence, depending on which form, amongst others, to manage their registration on the Portal and the maintenance and development of the relationship they maintain with Rentalia as a registered User; for the publication of their Contents (including opinions, images and videos) regarding Accommodation; for controlling and developing tools for contact between Users.
4.3. Likewise, Rentalia may send them commercial communications about websites belonging to Idealista S.A.U., concerning the real estate and financial sector. If the User does not wish to receive the aforementioned commercial communications, they should indicate this by sending an e-mail to the following address: email@example.com
4.4. The User likewise gives their consent for Rentalia to send them commercial communications and information by any means, including electronic media, concerning Rentalia itself or the services it offers and which may be of interest to the former.
4.5. The User expressly accepts that the data collected while browsing the Portal or supplied by filling out any form, as well as that resulting from the commercial relationship, be included in the aforementioned automated personal data file.
4.6. With respect to the information attained in the prescribed way in the foregoing section, Users may exercise their rights set forth in Organic Law 15/1999, and in particular their rights to access, rectify, cancel or contest the information, provided that it were pertinent. The rights referred to in the preceding paragraph may be exercised by each User through this link and by sending an e-mail to firstname.lastname@example.org, from the same e-mail address as the User uses to access Rentalia, indicating “Cancel personal data” in the subject line.
4.7. Rentalia informs the User that, in compliance with tax regulations applicable at any time and in any country, it may notify the Tax Authorities of the personal details concerning your persona obtained through this Portal.
4.8. Rentalia informs the User that in order for the latter to access some of the Contents or services offered on the Portal, it may be necessary for them to first fill out registration forms or similar, which request the User to submit personal data. Hence, the provisions of this section should be understood notwithstanding any other data processing that is included for each service the Portal provides in particular.
4.9. Rentalia complies with the security levels required under the Security Measures Regulation passed by the Royal Decree 1720/2007 of 21 December, which passes the Regulations implementing Organic Law 15/1999, of 13 December, the Personal Data Protection Act. The foregoing notwithstanding, technical security on a medium like Internet is not impregnable and there may be leaks due to malicious actions by third parties.
5.1. The user shall publish their advertisement on Rentalia in keeping with the procedure provided for thereon. For these purposes, the User shall fill out the form provided, including the images of the properties, if applicable, until they conclude the information process required for the advertisement.
5.2. The User states that all the data they include in the advertisement is truthful, exempting Rentalia from all liability; the foregoing notwithstanding, the latter shall undertake the verification and diligence tasks it deems necessary in order to offer truthful and reliable information to its website Users. For these purposes, the User declares they are duly entitled or authorised, if applicable, to include the properties in the advertisement.
5.3. The prices, description, location and other information appearing in the content of the advertisement are the user’s exclusive responsibility and Rentalia assumes no liability in this respect.
5.4. Once the publication process has been concluded, the User will receive notification confirming the contracting at the e-mail address they have provided on the form; the User may, in any event, access their advertisements at any time through the users’ area.
5.5. For any information about the service requested, the User may contact Rentalia by sending an e-mail to; email@example.com.
5.6. The prices of the plans will be given on the url indicated, which will provide details of all the applicable taxes in every case and at any time. The User shall settle payment using the means of payment Rentalia offers on its website.
5.7. Except where payment is by direct debit, Rentalia shall have no access to the banking details associated with the means of payment nor shall these details be recorded during the payment operation. Rentalia or its payment service providers, if applicable, shall apply all the technical and organisational measures necessary to guarantee security in the payment operation.
5.8. The right to withdrawal from the contract included in Royal Legislative Decree 1/2007, of 16 November, passing the consolidated text of the General Defence of Consumers and Users Act, shall not be applicable by virtue of the exception set forth in article 103 letter m), because the advertisements published on the website are deemed digital content and publication, i.e. its performance has begun with the User’s prior consent.
6.1. Rentalia is not a services broker; it merely and exclusively offers an information service as indicated on the Portal. Traveller-Users can contact the Accommodation Owner-Users directly by use of any of the means offered on the Portal. Rentalia shall not be party to said contracting nor to payment for the Accommodation and it shall not be held liable for the truthfulness, quality, price, contents or availability of the services that are to be or have been contracted.
6.2. Rentalia shall only be liable for the damages that the User may suffer due to use of the Portal when said damages are attributable to a malicious action by this company.
6.3. Rentalia shall not be held liable for the administrative authorisations of the Accommodation in the event that these were required; this responsibility lies exclusively with the Owner-Users.
6.4. The User acknowledges and accepts that use of the Portal and the rendering of services thereon is undertaken entirely at their own risk and liability.
6.5. Rentalia’s activity is limited to publishing the advertisement for the Accommodation included by the User, with the information provided by that User. The foregoing notwithstanding, it will employ the diligence available to it to provide a good service, including fraud prevention measures, validations of photographs of properties and publishing comments by Users on the Rentalia Accommodation they have used.
a. Concerning the Information
Rentalia asumes no liability for the truthfulness, accuracy, suitability, appropriateness, comprehensiveness of the information supplied through the Portal or how up to date it is. Rentalia shall not be held liable for the decisions taken based on the information supplied on the Portal, nor for the damages caused to the User or to third parties through actions taken based on the information obtained on the Portal.
b. Templates and Recommendations
Rentalia will make contact templates and/or other legal documents available to Users as well as advice for satisfactory rentals and for avoiding fraud and/or other recommendations of different kinds on the Portal. Rentalia offers this information merely for information purposes and shall not be liable for its content, for updating said information nor for the use Users make of it, or for any adverse result in the relationship. Amongst other means by which Users may contact each other (contact Traveller-Accommodation Owner), the Portal enables communication by e-mail through its own web domain (rentalia.com). Said e-mails are assigned exclusively for managing the holiday rental or the corresponding service, it being expressly prohibited to use said e-mails for restricted personal activities, in which some privacy or secrecy is expected in the communications. Use of the rentalia.com e-mail will enable Rentalia to warn the User in the event that a holiday rental or service that is being managed or contracted through this means does not meet the quality and internal control criteria implemented on the Portal system, being able, in such a case, to warn the User of a potential risk of irregularity or fraud. In any event, Rentalia shall not intervene nor be held liable for the contacting of services between Users; neither shall it be held liable for decisions taken based on the information supplied by the Portal.
c. Concerning Service Quality
Access to the Portal does no imply that Rentalia is obliged to control the absence of virus, worms or any other harmful computer element. It is always the User’s responsibility to have suitable tools for detecting and deactivating harmful computer programmes. Rentalia shall not be held liable for the damages produced on Users’ or third party computer equipment while the Portal is providing the service.
d. Concerning Service Availability
Access to the Portal requires third party services and supplies, including transport over telecommunications networks the reliability, quality, continuity and running of which is not Rentalia’s responsibility. Therefore, the services supplied through the Portal may be suspended, cancelled or prove inaccessible prior to or simultaneously with the Portal rendering the service. Rentalia shall not be held liable for damages of any kind inflicted on the User stemming from telecommunication network crashes or disconnections that lead to the Portal service being suspended, cancelled or interrupted while or prior to it being rendered.
e. Concerning the sites linked through the Portal
The Portal access service includes technical linkage devices, directories and search instruments that enable the User to access other Internet pages and portals that may be of interest to them (hereinafter, “Linked Sites”), such as, for example, car hire or travel insurance, etc. However, Rentalia assumes no liability resulting from the connection to or contents on third-party Linked Sites nor shall it be held responsible for damages due to the unlawfulness, quality, out-of-date nature, lack of availability, error, or lack of usefulness of the contents and/or services on Linked Sites nor or any other damages that may be directly attributable to Rentalia.
In general, the User undertakes to comply with this Legal Notice and, if applicable, the pertinent Speciifc Conditions, as well as complying with the special warnings or instructions for use contained therein or on the Portal and to act always within the law, good habits and the requirements of good faith, employing the diligence suitable to the type of service being used and refraining from employing the Portal in any way that may impede, damage or deteriorate its normal functioning, Rentalia’s goods or rights, its suppliers, other Users or any third party in general.
Specifically, and without implying any restriction whatsoever on the obligation generally undertaken by the User compliant with the previous section, the User undertakes to use the Portal and the rendering of its services to:
(i) To truthully provide, if applicable, their details and keep them up to date;
(ii) Not to enter, store or disseminate on or from the Portal, any information or material that were libellous, slanderous, obscene, threatening, xeonophobic, encourages violence or descrimination for reasons of race, gender, ideology, religion or that in any way or offends morality, public order, fundamental rights, public freedoms, third parties’ honour, privacy and, in general, the law at any time in force;
(iii) Not to use the Portal to enter, store or disseminate any computer programme, data, virus, code, hardware or telecommunications equipment or any other electronic instrument or device that were susceptible to causing damages on the Portal, to any of its Services or to any of Rentalia’s equipment, systems or network or to those of any other user, Rentalia supplier or in general to any third party or in any other way that might cause alterations in them or impede their normal operation;
(iv) To keep the “Username” and “Password” they are assigned by Rentalia safe as elements that identify them and give them access to the different services offered on the Portal, promising not to make over their use nor allow third parties to access them, assuming all liability for damages that may result from undue use of the same. The User likewise promises to notify Rentalia as soon as possible if they are lost or stolen, together with any risk of a third party accessing the “Username” and/or the “Password”;
(v) Not to conduct advertising, promotional or commercial exploitation activities through the Portal, not to use the contents and, in particular, information obtained through the Portal to send advertising, messages for direct selling purposes or any other commercial purposes, nor to collect or store personal data belonging to third parties;
(vi) Not to use false identities, nor to impersonate others when using the Portal or any of the Portal services, including the use, if applicable, of third party passwords or entry codes or in any other way;
(vii) Not to destroy, alter, employ for their own use, disable or damage the electronic data, information, programmes or documents belonging to Rentalia, its suppliers or third parties;
(viii) Not to introduce, store or disseminate using the Portal any content that infringes third parties’ intellectual or industrial property rights or business secrets, or, in general, any content which, compliant with the law, they are not entitled to make available to third parties.
For the effects and purposes of thse General Conditions, and for any communication that is necessary between Rentalia and the User, the latter should address Rentalia by post to: Rentalia, C/ Marqués de Cubas 25, 2ª - 28014 Madrid; by telephone: (+34) 902 570 082; or by e-mail to: firstname.lastname@example.org.
This Legal Notice is governed in all its points by Spanish legislation.