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Legal notice

1. Welcome

We welcome you and invite you to read this Legal Notice, which describes the terms and conditions that will apply to your browsing of the website, in accordance with the provisions of the applicable regulations. We recommend that you periodically visit this content in order to be duly informed of any changes that may occur.
In order that the use of the website meets the criteria of transparency, clarity and simplicity, MARBESOL informs the User that any suggestions, doubts or queries will be received and processed through the contact channels provided on this website.

2. General information on service providers

In compliance with the provisions of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), the User is informed that the website offers the services of the following companies that act as information society service providers:

  • NEW CARS COSTA DEL SOL, S.L.
    • NIF: B92552694
    • Registered office: Calle García Morato, 50 Local 2, 29004 Málaga, España.
    • Telephone: 952 23 49 16
    • Email: [email protected]
    • Registration details in the Mercantile Register: Registered in the Mercantile Register of Malaga, Volume 3582, Book 2494, Folio 177, Page MA-71065 and 1st Inscription.
  • BELLVIS PARK, S.L.
    • NIF: B54245824
    • Registered office: Urbanización Marbella Real, local 11 29602 Marbella, Málaga, España.
    • Telephone:607 066 853
    • Registration details in the Mercantile Register: Registered in the Mercantile Register of Malaga, Volume 4438, Book 3347, Folio 67, Page MA-95155 and Inscription 3.

Hereinafter both referred to as MARBESOL.

3. Object

MARBESOL offers the content and services that are available on the website, subject to this Legal Notice, as well as the policy on the processing of personal data (hereinafter, the “Privacy Policy”). Through the website, Users are offered information about car hire services in Malaga. Access to this website or its use in any form gives you the status of “User” and implies unreserved acceptance of this Legal Notice.

4. Privacy and processing of personal data

Users may visit this website without having to provide any personal data; however, there are various options for consultations or forms, in which personal data is collected and processed. When it is necessary to provide personal data in order to access certain contents or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. MARBESOL has internal procedures to ensure compliance with the obligations established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), as well as the provisions of the applicable national regulations on data protection. You can consult all the information on how we process the data collected through this website by accessing our Privacy Policy.

5. Use of cookies

A cookie is a file that is downloaded to the User’s computer when accessing certain web pages. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a computer and, depending on the information they contain, could be used to recognise the User. You can consult the information on the type of cookies we use by accessing our Cookies Policy.

6. Industrial and intellectual property

The User recognizes and accepts that all content shown on the website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial use and/or commercial are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of MARBESOL and/or or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such contents, holding MARBESOL harmless from any claim arising from non-compliance with such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless otherwise expressly established. This Legal Notice does not confer upon Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Contents other than those expressly provided for here. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by MARBESOL or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights. copyright by intellectual property legislation. MARBESOL is the owner of the elements that make up the graphic design of the website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, it has the corresponding authorization for the use of said elements.
Likewise, it is prohibited to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the stated rights and to avoid any action that could harm them, with MARBESOL reserving in all cases the exercise of any legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

7. Hyperlinks

In the event that this website includes links to third party websites, the User shall be governed by the Terms of Use and Privacy Policy of the new website, accepting that MARBESOL shall not be responsible or legally bound by the use of such sites. However, and in compliance with the provisions of art. 11 and 16 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), the provider is available to users, authorities and security forces, actively collaborating in the removal or blocking of all content that could affect or contravene national or international law, the rights of third parties or morality and public order. In the event that the User considers that there is any content on the website that could be susceptible to this classification, please notify us immediately.

The User is granted a limited, revocable and non-exclusive right to create links to the website, exclusively for private and non-commercial use, unless the use for commercial purposes has been expressly authorised.

8. Responsibilities

The User undertakes to:

To make proper and lawful use of the website as well as the contents and services, in accordance with:

  • the legislation applicable at any given time;
  • the General Conditions of Use of the Website;
  • generally accepted morality and decency
  • and public order.

To provide all the means and technical requirements necessary to access the Website.

To provide truthful information when providing their personal data to the forms contained in the Website and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to MARBESOL or third parties as a result of the information provided.

The User shall also refrain from:

  • Make unauthorised or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
  • Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  • Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of MARBESOL, its suppliers or third parties.
  • Attempting to access, use and/or manipulate the data of MARBESOL, third party suppliers and other Users.
  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted.
  • Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of MARBESOL or third parties incorporated in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.

If, in order to access any of the services and/or contents of the website, any type of credentials or passwords are generated, the User undertakes to use them diligently, keeping them secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she undertakes to notify MARBESOL of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, MARBESOL shall be exempt from any liability that may arise from the misuse of your password, and shall be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.

MARBESOL shall not be liable for any damages that may arise, among others, from:

  • interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of MARBESOL.
  • unlawful interference through the use of malicious software of any kind and by any means of communication, such as computer viruses or any other means.
  • improper or inappropriate abuse of the Website.
  • security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of MARBESOL reserve the right to withdraw, totally or partially, any content or information present on the Website.

9. Online Dispute Resolution Platform

The European Commission provides an online dispute resolution platform which is available at the following link: https://ec.europa.eu/consumers/odr/. Consumers will be able to submit their complaints through the online dispute resolution platform.

10. Customer service

The User may contact our Customer Service Department through the following channels:

  • Address: C/ García Morato, 50 Local 2, 29004 MÁLAGA, España.
  • Phone: 952 23 49 16
  • Email: [email protected]

11. Security

MARBESOL uses state-of-the-art technologies to protect your personal data and information and our website is stored on secure servers protected against the most common types of attacks. MARBESOL has adopted the technical and organisational measures that guarantee the security of personal data and prevent its alteration, loss, processing or unauthorised access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

12. Force majeure

MARBESOL shall not be liable in the event of impossibility to provide the service, if the cause is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

13. Modification of these conditions

We reserve the right to extend, modify, replace and/or cancel our Services and/or those of this Legal Notice, without prior notice and without giving rise to any liability or compensation on the part of MARBESOL, provided that this does not affect the substantial conditions of the service provided, in which case we will inform you of the changes that have occurred by email to the email address provided during registration.

14. Dispute resolution. Applicable law and jurisdiction

In the event that any provision of this Legal Notice is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render this Legal Notice unenforceable or void as a whole. In such cases, MARBESOL will proceed to the modification or replacement of such provision by another that is valid and enforceable and that, as far as possible, achieves the purpose and intent reflected in the original provision.

For the resolution of all disputes or questions related to this website or the activities carried out therein, Spanish law shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of the city of Malaga shall be competent for the resolution of all disputes arising from or related to its use, unless the user is a consumer, in which case the Courts and Tribunals of the consumer’s domicile shall be competent.

Last update: 15 December 2022

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