Last update: May 2018
Legal Notice. Terms and Conditions of Service Use and Subscription
LEGAL NOTICE. TERMS AND CONDITIONS OF SERVICE USE AND SUBSCRIPTION
1. Ownership of the Website and Apps
1.1. RENT ALIA HOLIDAYS S.L.U. (hereinafter, “Rentalia”), with registered address in Madrid, C/ Marqués de Cubas 25, 2ª - 28014 and holding tax ID number (NIF) ESB83467613, registered in the Madrid Companies Register, Volume 18,424, book 0, sheet 200, section 8, page M-319796, entry 1 is the owner of the domain www.rentalia.com and its respective subdomains or mobile applications (hereinafter “Website and Apps”) and it makes the same available to Internet users, in order to inform, advertise and provide information concerning properties used for holiday or short duration rentals (hereinafter the “Property/ies) both in Spain and abroad and a range of information associated with tourism, as well as allowing certain tourism-related services to be rendered through the Website and Apps.
1.2. By browsing or using the Website and Apps you are considered a user of the Website and Apps (hereinafter, the “User/s”) and this implies acceptance of all the conditions included in this Legal Notice. The Website and Apps service provision has a duration that is limited to the time that the User is connected to the Website and Apps or to any of the services provided through the same. Users should therefore read this Legal Notice carefully every time they intend to use the Website and Apps, because the latter and their conditions of use set forth in this Legal Notice may be amended at any time.
1.3. Some services on the Website and Apps accessible for Rentalia Users may be subject to specific conditions, regulations and instructions which may replace, supplement and/or modify this Legal Notice and they must be accepted by the User before the corresponding service provision may start.
2. Purpose of the Legal Notice
2.1. This Legal Notice regulates the conditions, access and use of the Website and Apps, their contents and services, paid and free of charge, made available to Users; the latter term including both Travellers and Property and Service owners making up the Website and Apps.
2.2. This Legal Notice shall be applicable both to promotional and information provision activities carried out through the Website and Apps and to the rendering of the services offered on the Website and Apps, whereby it shall be in force at all times, both for merely browsing on the Website and Apps and for service provision within the framework of the Website and Apps, although these latter activities shall furthermore be subject both to this Legal Notice and to the Service Conditions
included on the Website and Apps and the specific conditions, if applicable, that may exist.
3. Acceptance of the Legal Notice Conditions
a. User Status
Mere access and/or usage of the Website and Apps by the User implies full and unreserved adherence to the Legal Notice Conditions set forth in the published version from the time that the user accesses the same. They shall be understood as accepted by the simple fact of visiting the Website and App pages and in particular if the services on the Website and Apps are used.
The User states they are of legal age and with the legal capacity to be bound and comply with the conditions of the Legal Notice set forth herein.
b. General Regulations for Use
The User undertakes to use the Website and Apps diligently and correctly, in particular when publishing Contents using the different forms enabling this and, when so undertaking, they shall be respectful in their communications with other Users on the Website and Apps. Likewise, they undertake to, including but not limited to, not inserting Contents, and particularly opinions, videos or images, or not to make comments or commit actions that :
- Are libellous, imprecise, abusive, obscene, irreverent, offensive, tacitly or expressly sexual, threatening, harassing, racist, sexist or illegal, in breach of third parties’ rights (e.g., industrial and intellectual property rights; privacy or publicity rights) or not related to the service provided by the Website and Apps or that in way violates legal provisions;
- transmit junk mail, “SPAM”, chain letters or unsolicited bulk mailshots; are false or deceptive or promote illegal activities or rude, threatening, obscene, libellous, offensive behaviour or that clearly insult the honour or the personal or family privacy of third parties; supply practical information on illegal activities;
- involve any commercial, advertising or sales activity, even when there is no monetary consideration; or
- contain personal data pertaining to third parties that should not be made public or should not be communicated without the Owner or the rights holder’s consent.
Likewise, the User is obliged to communicate appropriately and with respect with other Rentalia Users or clients and to comply with the law, good manners and in act in good faith.
The Website and Apps enable the User to issue and publish Contents and, in particular, opinions (positive or negative), images or videos of the Properties and their surroundings. The Website and Apps do not moderate the Contents Users introduce that are dumped directly and at the sole responsibility of the latter, although those, which, at Rentalia’s discretion, clearly and expressly breach the foregoing conditions may be withdrawn.
Rentalia shall not be held liable, nor does it guarantee, the veracity or the accuracy of the Contents that Users may post on its Website and Apps.
The User shall respond before Rentalia and before any third party, for any damages that may result from a breach of their foregoing obligations.
c. Industrial or intellectual property
The data compilation that Rentalia makes available to its users (hereinafter the “Databases”) and all the contents of the Website and Apps, understanding these to include but not be limited to, the texts, contract templates, images, videos, photographs, trademarks, graphics, logotypes, icons, software technology, links and other audiovisual or sound contents, together with their graphic design and source codes (hereinafter the “Contents”) or any other signs susceptible to industrial or commercial usage, are intellectual property belonging to Rentalia or to third parties, and under no circumstances may any rights to exploit the same be understood to be transferred to the User, beyond what is strictly necessary for correct usage of the Website and Apps.
The User states they hold the rights of the Contents they publish or declares to have the author or Owner’s authorisation, making over to Rentalia, free of charge and for an indefinite and unlimited time duration and for use globally, all the reproduction, distribution and public communication rights over the same through web pages, digital information newsletters and other similar publications, expressly authorising Rentalia to be able to transfer said Contents to third-party websites and other digital or physical media with which Rentalia has entered into collaboration agreements.
All reproduction, distribution, public communication and transformation of any element belonging to Rentalia are strictly prohibited without express authorisation from the latter.
Unauthorised use of the Databases, Contents or any other element comprising intellectual or industrial property belonging to Rentalia shall give rise to the criminal and/or civil liabilities or any other liabilities set forth by law.
Under no circumstances shall Rentalia be held liable for User infringements affecting the rights of third parties and the User shall release Rentalia from all liability in the event of any claims being lodged.
In those cases in which Rentalia is contracted by the advertiser to take photographs of the properties, the rights over said photographs shall belong to Rentalia and this shall be indicated on the same, although Rentalia shall grant the advertiser indefinite and unlimited geographical licence to use them.
d. Database and Contents
The User undertakes to use the Databases and the Contents included in the Website and Apps abiding by the law and this Legal Notice.
The User, compliant with current legislation, shall refrain from the actions included in, but not limited to, the following:
- Reproducing, copying, distributing, availing, publically communicating, transforming or modifying the Contents except in cases authorised by law or expressly consented to by Rentalia or, if applicable, by whoever holds the exploitation rights.
- Reproducing or copying for private use Contents that may be considered Software or Databases compliant with current intellectual property legislation, as well as their public communication or being placed at the disposal to third parties when these acts necessarily involve reproduction by the User or by a third party.
- Extracting and/or reusing all or a substantial part of the Website and Apps Contents or likewise the Databases that Rentalia makes available to its Users.
Rentalia shall under no circumstances be held liable for the content, functioning and/or data protection policy or other terms contemplated on other websites to which access may be given by including a link on this Website and Apps, nor for the contents, services or products offered therefrom, unless these other sites belong to Rentalia. The hyperlinks contained on the Website and Apps may direct Users to third-party websites. Rentalia includes them to facilitate the User’s browsing; under no circumstances does it assume any liability for the contents, information or services that might appear on said sites, which shall be of an informative nature and in no cases shall they imply any relationship between the aforementioned third party and Rentalia.
4. Subscription conditions.
4.1 The User shall publish their advertisement on Rentalia in keeping with the procedure indicated thereon. To this end, the User should fill out the form provided including images of the properties, if applicable, until the information required for the advertisement has been fully submitted.
4.2. The User states that all the details included in the advertisement are true, exonerating Rentalia of any liability; the foregoing notwithstanding, the latter shall undertake whatever verification and diligence actions it deems appropriate in order to offer its Website and Apps Users truthful and reliable information. For these purposes, the User states that they hold sufficient title and authorisation, if applicable, to include the properties in the advertisement.
4.3. Responsibility for the prices, description, location and other information appearing in the advertisement contents lies exclusively with the User, who should, moreover, update them as often as is necessary in order for the information to remain accurate; whereby Rentalia assumes no liability whatsoever for any inaccuracies in this type of information.
4.4. Once the publication process has been completed, the User will receive an e-mail confirming the advertisement at the address indicated on the form; the User may, access their advertisements at any time through the Users Area.
4.5. For any information on the service requested, the User may contact Rentalia by sending an e-mail to: email@example.com
4.6. The prices of the plans will be specified on the URL indicated, where the taxes applicable at any time shall always be stated. The User shall make payment through the methods offered by Rentalia on its Website and Apps.
4.7. Unless the chosen method of payment is by direct debit, Rentalia does not have access to the bank data associated to the means of payment and is neither aware nor does it register this data during the payment operation. Rentalia or its payment providers, if applicable, shall apply whatever technical and organisational measures may be necessary to guarantee that payments are undertaken securely.
4.8. The right to withdrawal contemplated in Royal Legislative Decree 1/2007, of 16 November, passing the consolidated text of the General Law for the Defence of Consumers and Users, shall not be applicable; what shall be applicable, however, is the exception set forth in article 103, letter m) because advertisements published on the Website and Apps are deemed digital contents and their publication, i.e., their execution, has begun with prior consent from the user.
5. Rentalia’s Liability
5.1. Rentalia is not a services broker; it solely and exclusively provides an information service as appears on its Website and Apps. Traveller-Users may contact Property Owner-Users directly through any of the means offered on the Website and Apps. Rentalia will not be party in said contracting nor in the payment to the Owner and it shall not be held liable for the veracity, quality, price, content or availability of the service that the User wishes to contract or has already contracted.
5.2. Rentalia only assumes liability for the damages the User may suffer stemming from the use of its Website and Apps, when said damage is attributable to wilful misconduct on the part of this company.
5.3. Rentalia assumes no responsibility for the administrative authorisations for the Properties should they be necessary; the responsibility for such lies solely with Property Owner-Users.
5.4. The User acknowledges and accepts that use of the Website and Apps, as well as the rendering of the services offered thereon is entirely at their own risk and entirely at their own responsibility.
5.5. Rentalia’s activity is constrained to publication of the advertisement of the Property included by the User, with the information the latter has provided. The foregoing notwithstanding, it shall employ all the diligence available to it to provide a good service, including fraud-prevention measures, validations of photographs of the buildings and publishing Users’ comments on their stay in the Property advertised on Rentalia.
a. Regarding the information
Rentalia shall not be held liable for the decisions taken based on the information supplied on the Website and Apps, nor for the damages caused to the User or to third parties due to actions solely grounded on the information obtained on the Website and Apps.
b. Templates and recommendations
Rentalia will make contract templates and/or other documents of a legal nature, advice for achieving a satisfactory rental and avoiding fraud, information concerning different tourism regulations, and/or other wide-ranging recommendations available to Users on the Website and Apps. Rentalia offers this information merely for information purposes and shall not be held liable for its content, for the currency of said information, nor for the use that Users make of the same, as well as any adverse outcome of the relationship.
Amongst other measures for Users to contact each other (traveller – Property Owner contact), the Website and Apps enable e-mail communication through their own website domain (rentalia.com). Said e-mails are assigned exclusively to managing the holiday rental or the corresponding service, and it is prohibited to use said e-mails for restricted personal activities in which some kind of privacy or secrecy may be expected in the communications. The use of the rentalia.com e-mail allows Rentalia to warn the User in the event that a holiday rental or service being arranged or contracted through this means of communication does not meet the quality and internal control criteria in place on the Website and Apps system, whereby Rentalia may come to warn the User of a potential risk of irregularity or fraud. In any case, Rentalia shall not intervene nor shall it be held liable for the contracting of services between Users and it shall not be held liable for the decisions taken based on the information supplied by the Website and Apps.
c. Regarding service quality
Access to the Website and Apps does not imply that Rentalia is obliged to control the absence of viruses, worms or any other harmful computer element. In any event, it is up to the User to have suitable tools to detect and deal with harmful computer software.
Rentalia shall be not held liable for the damage produced on Users’ or third-party computer equipment while providing the Website and Apps service.
d. Regarding service availability
Access to the Webiste and Apps requires services and supplies from third parties, including transport across telecommunications networks the reliability, quality, continuity and functioning of which does not correspond to Rentalia. Therefore the services provided through the Website and Apps may be suspended, cancelled or prove inaccessible, prior to or simultaneously with the rendering of the Website and Apps service.
Rentalia shall not be held liable for the damages of any kind of products in the User due to failures or falls in telecommunications networks that produce the suspension, cancellation or interruption of the Website and Apps service prior to or while it is being rendered.
e. Concerning sites linked through the Website and Apps
The access service to the Website and Apps includes technical linking devices, directories and even search instruments that enable the User to access other Internet pages and websites that maybe of interest to them (hereinafter “Linked Sites) such as, for example, car hire or travel insurance… etc.
However, Rentalia assumes no liability regarding the connection to or contents of third-party Linked Sites referred to on the Website and Apps and it shall not be held responsible for damages produced by the contents and/or services of the Linked Sites being unlawful, their quality, them being out of date or their availability, errors or uselessness, nor for any other damage that is not directly attributable to Rentalia.
6. Obligations incumbent on the User
The User is generally obliged to comply with this Legal Notice and, if applicable, the Specific Conditions, as well as complying with the special warnings or instructions for use contained therein or on the Website and Apps and to always act in accordance with the law, with good manners and in good faith, employing suitable diligence for the nature of the service they are enjoying, refraining from using the Website and Apps in a way that could impede, damage or deteriorate normal functioning of the same, the goods or rights pertaining to Rentalia, its suppliers, the other Users or any third party in general.
Specifically, and without this implying any limitation on the obligation assumed by the User, of general application in accordance with the foregoing paragraph, when using the Website and Apps and in providing the services, the User undertakes to: (i) Provide, if applicable, their true data and to keep it up to date; (ii) not to introduce, store or disseminate on of the Website and Apps, any information or material that were libellous, insulting, obscene, threatening, xenophobic, that incites discrimination for reasons of race, gender, ideology, religion or which is in any way injurious to morality, public order, fundamental rights, public liberties, honour, the privacy or image of third parties and in breach of current legislation in general; (iii) not to introduce, store or disseminate using the Website and Apps, any computer programme, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that might cause damage on the Website and Apps, in any of the Services or on any piece of equipment, systems or networks pertaining to Rentalia, to any User, to Rentalia suppliers or to any third party in general or that is capable of altering them in any way or impeding them from functioning normally; (iv) to appropriately safeguard the “Username” and “Password” given to Users by Rentalia, as identification elements that enable access to the different services offered on the Website and Apps, undertaking not to let third parties use or have access to them, assuming full liability for the damages that may stem from undue use of the same.
Users likewise undertake to notify Rentalia as soon as possible if they are lost or stolen as well as of any risk of a third party accessing the “Username” and/or “Password”; (v) not to undertake advertising, promotional or commercial exploitation activities through the Website and Apps, not to use the content and, in particular, the information obtained through the Website and Apps to send advertising, messages for direct sales or other commercial purposes, nor collect or store personal data pertaining to third parties; (vi) not to use false identities, not to impersonate other people’s identities when using the Website and Apps or in the use of the services on the Website and Apps, including the use, if applicable, of third-party passwords or access keys or in any other way; (vii) not to destroy, alter, use for their usage, render useless or damage the data, information, programmes or electronic documents belonging to Rentalia, its suppliers or third parties; (viii) not to introduce, store or disseminate any content that violates intellectual or industrial property rights or third-party business secrets, nor in general any content that, compliant with the law, they are not entitled to make available to third parties on the Website and Apps.
For the purposes of these General Conditions and for any communication that be required between Rentalia and the User, the latter should send a letter by post to Rentalia at, C/ Marqués de Cubas 25, 2ª - 28014 Madrid, or telephone them on (+34) 902 570 082 or address an e-mail to: firstname.lastname@example.org
This Legal Notice is governed in all aspects by Spanish law.
Below we have summarised the important things you should know, depending on your relationship with RENT ALIA HOLIDAYS S.L.U. (Rentalia)
I. As a private user or advertiser who uses our Website or Apps
At Rentalia we are responsible for processing the personal data you submit to us in order to be able to provide you with the services you request from us. At the moment you request a service from us, this request turns into a contractual relationship which is the legal basis enabling us to process your data.
II. As a professional advertiser (legal and natural persons) or a representative of the same that uses our Website or Apps
DETAILED INFORMATION ON DATA PROTECTION
1. Entity responsible for the processing: Who is responsible for processing your data?
RENT ALIA HOLIDAYS S.L.U, registered address at C/ Marqués de Cubas 25, 2ª – 28014 Madrid, holding tax Id no. (NIF): ESB83467613, and telephone number 902 570 082 (hereinafter “ Rentalia
”) is the entity responsible for processing the personal data you send through this web page and its subdomains or apps (hereinafter “Website and Apps
In the following clauses, we provide information about how we use the personal data you provide on the different forms on our Website and Apps as well as the rights pertaining to you both as a user of the Website and Apps (“User
”) and in your status either as a customer if you advertise a property as a private advertiser (“Private Advertiser
”) or as the representative of a professional advertiser (“Professional Advertiser
”), as governed by the General Data Protection Regulation (“GDPR
If you have any doubts concerning the processing of your personal data, please contact us at the following address:email@example.com
. Or you can get in touch with our Data Protection Delegate, who is available at the following address: firstname.lastname@example.org
2. Purposes of the processing: What can we do with your data?
a) We manage your personal data in order to provide you with the service of managing your record as a user and interaction with the advertisers, as you have requested of us through the Website and Apps.
b) If you send us an enquiry or complaint/claim, we will process your data to manage these.
c) Whether you are a Private User or the representative or contact person for a Professional Advertiser, we may send you commercial communications to:
- Invite you to events and notify you of news concerning Rentalia or companies in the idealista group (idealista S.A.U, idealista Crédito y Financiación S., TerceroB el portal de las casas S.L.).
- Communicate news and special offers from the aforementioned companies in the idealista group or from companies in sectors associated with holiday rentals (insurance companies, smart meters, care hire).
- Request you take part in surveys or appraisals of stays in Properties published on our Website and Apps, with which you have previously contacted or confirmed a booking.
d) If you are the representative or contact person for a Professional Advertiser, we manage your personal data to maintain contact with the entities you represent.
e) If you are a Private Advertiser or the representative or contact person for a Professional Advertiser, we will process your data to manage any claims for sums you may owe us for our services.
3. Legal bases / legitimisation: Why are we able to process your data?
The legal bases enabling us to process your data for each of the purposes indicated in section 2 above are:
a) Contractual relationship
: This is what is applied when you request a service from us, even though this may be free of charge.
b) Legitimate interest
: In order to attend the enquiries and complaints/claims you submit to us and to manage the collection of debts owed. If you are the representative or contact person for a Professional Advertiser, we have a legitimate interest in remaining in contact with the entity you represent and to which we supply our services.
c) Your consent
: By checking the register box appearing on the contact forms, you have authorised us to send you communications of the type listed in section 2 c) above.
4. Recipients: Who can we send your data to?
We can send your data to third parties in the following cases:
- To the advertisers you contact to manage your request.
- To Courts or Tribunals or Public Administrations to comply with any legal requirement.
The persons responsible for processing in Rentalia will also have access to your data, i.e. service providers that, in order to carry out their functions, require access to your data, including those supplying us with technology services, sending and receiving documentation, call centre services, publicity campaign services, online booking engine or storage services.
You can request further information about the recipients of your data by sending an e-mail to: email@example.com
indicating the specific processing or use the recipients for which you wish information.
5. Transferring data: Where can we send your data?
No personal data shall be transferred abroad.
6. Data conservation period: How long are we going to keep your data for processing?
The period will depend on each of the processes to which we subject your data:
- During the contractual relationship; i.e., whilst you continue to use our services or whilst we or the provider is managing what you have requested from us. (Section 2 a) above is applied. Until the enquiry or complaint/claim submitted has been resolved. (section 2 b) above).
- Until you revoke your consent to receive commercial communications or for a period of 4 years since your last interaction with us (whichever happens first) (section 2 c) above).
- If you are the representative or contact person for a Professional Advertiser, during the contractual relationship with the entity you represent or until you notify us you have ceased to be the contact person (section 2 d) above).
- Until you request their deletion (applicable to all the purposes described in section 2).
You are likewise informed that your data will remain blocked during the mandatory prescription periods for each processing purpose indicated in section 2.
7. Necessary and up-to-date information
The forms contain fields that it is compulsory to fill out, without which we cannot provide you with our services. By clicking on the “Save” button (or equivalent) included on the aforementioned forms, you declare that the information and the data submitted is accurate and the truth.
In order that the information provided is always up to date and contains no mistakes, remember to notify us as soon as possible of any modifications and rectifications to your personal data that may occur, via the following e-mail address: firstname.lastname@example.org
Likewise, you can update your telephone number and e-mail through your private area on the Website and Apps.
8. Interested parties’ rights
You are informed that you may exercise the following rights:
(i) The right to access your personal data to know what data is being processed and the processing being performed on it.
(ii) The right to rectify any inaccurate personal detail.
(iii) The right to delete your personal data, when this is possible (e.g., except by law).
(iv) The right to request the limitation of processing of your personal data when the accuracy, legality or the need for processing the data is doubtful, in which case, we may conserve it for exercising or defence from claims.
(v) The right to oppose the processing of your personal data, when the legal basis enabling us to process those indicated is legitimate interest. Rentalia will cease to process your data unless it has a legitimate interest or it is necessary for defence from claims.
(vi) The right to the portability of your data, when the legal basis enabling us to process them is the existence of a contractual relationship or your consent.
(vii) The right to revoke your consent given to Rentalia.
You may exercise your rights at any time and free of charge by addressing an e-mail to email@example.com
., indicating the right you wish to exercise and your identification details.
Alternatively, you are informed that you are entitled to present a claim before the Spanish Data Protection Agency if you consider data protection legislation has been infringed in the processing of your personal data.
9. Confidentiality and security
At Rentalia, we employ every reasonable effort to uphold the confidentiality of the personal information processed through the Website and Apps. We maintain strict security levels to protect the personal data we process against accidental loss and against unauthorised access, processing or disclosure, bearing in mind the state of technology, the nature and the risks to which the data is exposed. However, we shall not be held liable for the use you make of the data (including username and password) you use on Rentalia, outside our Website and Apps.