1. IDENTIFICATION DATA AND OWNERSHIP OF THE WEB
CLUB BENA VISTA a company which operates commercially under the brand name WIMPEN (hereinafter the COMPANY) is the owner of this website and number N0066276G.
Our registered office is located on the URBANIZACION BENA VISTA Carretera Cádiz – Málaga km, 167 29688. Estepona, Málaga. You can contact us by phoning the numbers specified on the website or by sending an email to:
2. SUBJECT MATTER OF THE DOCUMENT
This Legal Notice regulates browsing the website, access to its content, application and handling of bookings for stays, weeks/turns, as well as other services that may be offered by the COMPANY via this website.
For the purposes of this document, the User is deemed the person who accesses, browses, uses, asks for bookings or participates in services outlined on the website (even for making use of certain Services the User may have to be a Partner – owners of weeks or turns); Content means the information on Resorts, destinations, promotions that are published on the website and Services mean the handling of bookings that may be made via the website.
3. ACCESS TO AND USE OF THE WEBSITE
As a general rule, browsing through the website and access to content is free except for the cost of connection established by the corresponding telecommunications operator.
However, there may be certain services that can only be used by Users who are Partners. In this case, the COMPANY will provide you with a username and password which the User undertakes to make diligent use of and keep secret (because it is personal and non-transferable). As a result, Users are responsible for the safekeeping and confidentiality of the username and password, and undertake not to transfer their use to third parties, whether on a temporary or permanent basis, or to allow access to unauthorized persons.
Pursuant to the above, the User is obliged to notify immediately the COMPANY about any issue that allows the abuse of usernames or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. If such issues are not reported, the COMPANY shall not be held responsible for the misuse of usernames or passwords by unauthorized third parties which may arise.
In any case, the User undertakes to consult / use the Content and Services in a diligent, proper and lawful way, in accordance with the legislation in force and, in particular, undertakes to refrain from i) using them for unlawful purposes or those contrary to morality, good manners and in contravention of COMPANY directives; ii) providing false or inaccurate information or any to which they are not entitled or have no authorization from the Company.
Use of this website (or any of the services offered on it) by a minor is strictly forbidden. Therefore, it is understood that all persons making use of it (or any of its services), are of legal age.
Finally, in compliance with the provisions in Act 3/2014 of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, the User may file their complaints and claims or request information on the goods or services offered or contracted via the above-mentioned emails and/or the address indicated.
In compliance with Organic Law 15/1999 for Personal Data Protection, we inform you that the data provided (both at the beginning and during the course of the relationship with our COMPANY) will be held on a file for which the COMPANY is responsible and whose purpose is to:
- Manage relations with Users, as well as the provision of services offered over the website or for which the User has made a booking /request:
- Carry out proper customer service.
- Develop and manage budgets.
- Respond to any request for information of any kind made to the organization.
- Carry out integral management of rental of properties on offer (both from the moment information about the availability of properties for rent is requested, management of the booking and any actions resulting from this rental).
- Manage the resale of timeshares (both from the moment information on the availability of properties for resale is requested, management of the booking and any actions resulting from this resale).
- Manage the use and/or exchange of weeks.
- Respond to possible requests for employment which may be received and manage the possible selection process (data will be stored for 3 years).
- Maintain the necessary contact between the COMPANY and the User.
- Manage the comments posted on the blog.
- Answer questions and queries.
- Manage full ownership.
- Manage access from the Owners via the website.
- Send congratulations on significant dates.
- Make commercial communications relating to the product/service that the User has subscribed to, the newsletter and commercial information, by different means, relating to the Companies that are part of the WIMPEN brand (trade mark of the COMPANY responsible for the website) in the tourism sector (whose addresses and activities are listed at www.wimpen.com), its activities, products, services, offers, special promotions, as well as various kinds of company documentation and via several commercial information media. In this case, at the time of data collection the User will be offered the opportunity to refuse for it to be used for this purpose. In addition, with every posting there will be the option to unsubscribe.
We inform the User that the data collected during the completion of forms may be forwarded i) to the specific complex/Hotel/Destination chosen so that you can properly manage the booking /request; ii) to the companies that are required to intervene in the handling of the booking and/or travel and Hotel/Resort/Destination, regardless of the country where these companies may be located giving rise to international data transfers, for the sole purpose of handling the booking and ensuring that it is implemented, iii) (in the case indicated they may be passed on to the other companies that are part of the WIMPEN brand, all of which are in the tourism sector to which the COMPANY belongs so that they can properly handle bookings or for the purpose specified at the time. To find out which companies are part of the group, you can consult the www.wimpen.com website. We also inform you that, as required by the Schengen Agreement and Organic Law 1/1992 on the Protection of Public Safety, data from Customers/Members who have stayed at our complexes is sent to State law enforcement bodies. Also, please note that should a User want to make week exchanges through specialized institutions (INTERVAL INTERNATIONAL/RCI http://www.rci.com/), we need to inform said COMPANY about the existence of any payment arrears for that Partner, since such circumstances block the possibility of making use of the right of Exchange.
When personal data is collected on the form, the User must provide, at least, those details marked with an asterisk, since, if this data considered necessary is not provided, the COMPANY cannot accept and handle the Web service, booking or inquiry made.
By completing the form(s), the User authorizes the COMPANY to use the mailing address or telephone as a means of communication and ensures that the data provided is true, accurate, complete and up-to-date, expressly consenting to the use, treatment and communication for the purposes provided.
In the case of furnishing third party data, the person providing them certifies having informed said parties of the terms outlined in this paragraph.
The User may exercise their rights to Access, Revoke, Cancel and Object (and revoke previously given consent) in writing and accompanied by a photocopy of their ID to URBANIZACION BENA VISTA Carretera Cádiz – Málaga km, 167 29688. Estepona. Málaga or by emailing email@example.com with subject “Derechos ARCO”.
In accordance with the provisions of Law 34/2002 of 11 July, Information Society Services of and Electronic Commerce, in the event that the User does not want to receive electronic commercial communications in the future or to unsubscribe from the newsletter system which you may have subscribed to, you can express this desire by sending an email to the following email address: firstname.lastname@example.org (Moreover, each posting offers the User the option to unsubscribe).
The COMPANY has profiles on some of the major Internet social networks (Facebook, Twitter, etc.), so that it is responsible for the file in all of these cases for the data from its followers, subscribers, fans and commentators. Treatment that the COMPANY may carry out will be the one that the social network allows for corporate profiles. The COMPANY may inform its followers, by any means the social network allows, about its activities, offers, etc. In no case will the COMPANY extract data from social networks, unless consent is expressly obtained from the User to do so.
4.1. JOIN OUR EMAIL LIST (NEWSLETTER AND COMMUNICATIONS)
The User is informed that their data will be input into a file for which the COMPANY is responsible, the purpose of which is to manage Users who subscribe to it and be able to send them emails, Newsletters with news of WIMPEN Group companies (in the tourism sector and whose data may be consulted on the www.wimpen.com web page), offers, promotions, benefits and/or exclusive offers.
On subscribing to this service, the User expressly authorizes their data to be disclosed to commercial companies related to the WIMPEN commercial brand the purposes of which are specified above and the COMPANY can use email as a means of communication.
You can exercise your ARCO Rights (and revoke previously given consent) by writing to WIMPEN LEISURE MANAGEMENT and sending a photocopy of your ID to URBANIZACION BENA VISTA Carretera Cádiz – Málaga km, 167 29688. Estepona. Málaga or sending an e-mail to email@example.com. If you don’t want to receive information and advertising or want to unsubscribe from the Newsletter service to which you had already subscribed, you can send an email to revoke your consent to firstname.lastname@example.org with the ref. “NO PUBLICIDAD” (in addition, at each posting you will have the opportunity to unsubscribe on receipt of information of this kind). We inform you that if you do not make avail yourself of the possibility to object to the sending of advertising or commercial communications, you expressly accept them to be sent for products and services similar to those acquired and detailed on WIMPEN websites.
The COMPANY will not be liable for damages of any nature that may arise from:
- The lack of availability or continuity of the operation of the website, services, and access to the contents and service suspensions.
- The lack of veracity, legality, accuracy, completeness, topicality, reliability and/or usefulness of the contents.
- Errors in the handling of bookings.
- The possible existence of viruses on the website.
- The invulnerability of the website and/or the impregnability of its security measures.
- Errors that may occur in the online booking process made by the corresponding provider.
- Any consequences that may arise from errors in the Content appearing on the website provided by others.
- Improper uses of the content that Users may have made of it.
The COMPANY reserves the right to forbid access to the website by any User, to remove content as well as to suspend, at any time without prior notice, access to the website, to the content of the website and services, without the User having the right to demand compensation.
The COMPANY informs the User that the comments and opinions that may be expressed/published on the present website are made by persons from outside the COMPANY under their sole responsibility. Users who make them commit to perform them in accordance with the law, the provisions of this document, as well as generally accepted morality and good manners. The COMPANY is not responsible for the truthfulness and accuracy of the views expressed, being exempt from any contractual or extra-contractual liability to the person or company making use of them. The sending of any content or opinion that violates current legislation or legitimate rights of others is forbidden. The COMPANY reserves the right to take legal action as it deems appropriate. It also reserves the right to admit and/or take down any comment, without prior notice and without any justification or compensation of any kind.
If the User believes any content or information on this website violates a legitimate right or current legislation, please do not hesitate to contact us so we can take appropriate measures.
6. LINKS FROM THIS WEBSITE TO OTHER WEBSITES
The possible direct or indirect links which may exist on the website and that redirect to other pages shall be for information purposes only, not constituting in any case an invitation to acquire products or services that are offered or may be offered on destination websites or imply the existence of a relationship or business relationship or dependence on the assignee of the linked website. In these cases, the COMPANY will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or procurement of these services by third parties, and therefore, it cannot be held responsible for them.
The COMPANY has no power or human or technical means to have knowledge of, control or approve all the information, content, products or services provided by other web pages to which links from the website can be established. Consequently, the COMPANY shall not assume any responsibility for any aspect relating to the web pages a link might be set to from the website.
In the event that the COMPANY should have actual knowledge that the activity or information which refers from these links were illicit, offensive or that may damage third party property or rights, it will act with the necessary diligence to eliminate or disable the corresponding link as soon as possible.
Also where future Users have actual knowledge of wrongful acts carried out through these third party websites, they must immediately notify the COMPANY so that it can proceed to disable the access link to it.
7. LINKS FROM OTHER WEB PAGES TO THE PORTAL
If any User, company, or page wishes to establish some kind of link to this site they must obtain prior express authorization in writing from the COMPANY.
If the company which makes the link from its page to the Portal wishes to include on its website the COMPANY and/or the Portal brand, name, trade name, label, logo, or any other call sign, it must already have prior express authorization in writing from the COMPANY.
In any case, the COMPANY forbids the establishment of a link to the website from those web pages which contain illegal content, information or materials and that contravene current legislation.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The COMPANY owns or has obtained the appropriate license on exploitation rights in the field of intellectual and industrial property of the content available through it, including others by way of example but not exhaustive, texts, graphics, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property.
Therefore, all intellectual and industrial property rights on the Content are reserved and it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Content included on the website for public or commercial purposes, if there is no prior authorization, express permission in writing from the COMPANY or the holder of the corresponding rights.
9. ENTRY INTO FORCE
The COMPANY may terminate, suspend or interrupt, at any time without prior notice, access to the website and the Content of the page, without the User having the right to demand compensation.
10. JURISDICTION AND APPLICABLE LAW
The interpretation of the Legal notice, as well as the resolution of any discrepancies between the parties, will be resolved in accordance with the provisions of Spanish legislation on applicable legislation and competent jurisdiction.
However, for cases where the regulations provide for the possibility of the parties submitting to a jurisdiction, the COMPANY and the User, expressly waiving any other jurisdiction that could correspond to them, shall refer any disputes or litigation to the knowledge of the city courts and tribunals of the website proprietor.
© 2016 CLUB BENA VISTA. All rights reserved.