PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms Of Website Use
Other Applicable Terms
Please refer to our Privacy and Cookies Policy ADD THIS, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Information About Us
www.javearentals.com is owned and operated by Sanders Mediterraneo SL, Avenida Del Pla 135, Cabo La Nao, Javea, 03730, Alicante. tel 0034 965794059 Cif number B53634770
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Use of this site
In using this site, you will be deemed to accept:
- That we act as listers of the properties on this site, but do not act as agents and are therefore not entitled to enter into any agreements on behalf of the property owner, agent or manager;
- That whilst we use reasonable endeavours to ensure that any listings are accurate, we are dependent on material provided by the property owners, agents or managers and do not inspect the properties displayed;
- That any agreement for the letting of any property will therefore be entered into with the property owner, agent or manager and not with or through us;
- That you are recommended to speak to the property owner or agent before making any payments;
- That you satisfy yourself by making thorough enquiries that any property you book meets your needs;
- That you are recommended to take out travel insurances that covers you, amongst other things, against the need to cancel the booking;
- That we are unable to become involved in disputes between you and any property owner, agent or manager;
- That we are not able to deal with any complaints, which must be directed to the property owners, agents or managers.
You are also urged to read the section of this page setting out the limitations on our liability
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site;
- loss, theft, injury or any damage suffered whilst at a property;
- Loss or theft due to online fraud outside of our control;
- Failure of the property to meet all legislative requirements (since this is the responsibility of the property owners/managers);
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of services to you by the property owners or their agents, but these services are not supplied by us and you must refer to the terms of any contracts you make with any service providers (such as the owners of or agents for any particular property).
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact [email protected]
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Please read these Website Advertising Terms before applying to become an Advertiser, as they set out our and your legal rights and obligations in relation to our Advertising Services. You will be asked to agree to these Website Advertising Terms before becoming an Advertiser.
If you have any questions or complaints about our Advertising Services please contact us at [email protected]
Definitions and interpretation
In the Agreement:
“Advertisement” means the advertisement on the Website that is the subject of the Agreement, comprising the Advertiser Content and www.javearentals.com
“Advertiser ” means the person or company identified as such in the letter, fax or email under cover of which the Agreement is sent by javearentals.com
“Advertiser Content ” means all works, materials and content provided by the Advertiser to javearentals for incorporation into the Advertisement or uploaded by the Advertiser to the Website;
“Advertising Services ” means the display of the Advertisement on the Website in accordance with the terms of the Agreement, and the other online facilities (for example, the late availability offer facility) made available by javearentals to the Advertiser in connection with the Advertisement (as detailed on the Website from time to time);
“Agreement ” means the agreement between javearentals and the Advertiser incorporating these Website Advertising Terms, and any amendments to it from time to time;
“Business Day ” means any week day, other than a bank or public holiday in Spain
“Charges ” means the amounts payable by the Advertiser to javearentals under or in relation to the Agreement;
“Effective Date ” has the meaning given to it in Clause 2.1;
“Force Majeure Event ” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus and other malicious software attacks and infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Go Live Date ” means the date when the Advertisement is first published on the Website;
Javearentals means Sanders Mediterraneo SL, trading as javearentals a Spanish SL registered in Spain, with registration number B53634770
Javearentals, means all works, materials and content provided by javearentals for incorporation into the Advertisement;
“Prohibited Content ” means material that: (a) breaches any applicable laws, regulations or legally binding codes; (b) is liable to give rise to a cause of action against any person in any jurisdiction and under any applicable law; (c) infringes any copyright, database rights, moral rights, design rights or other intellectual property right; (d) is defamatory or infringes any right to privacy or breaches data protection legislation; (e) is obscene, indecent, pornographic or lewd material; (f) breaches the Committee on Advertising Practice Code; or (g) is likely to cause annoyance, inconvenience or anxiety to person;
“Term ” means the term of the Agreement; and
“Website ” means the website at www.javearentals.com and any successor website operated by Javearentals Sanders Mediterranneo SL
The ejusdem generis rule is not intended to be used in the interpretation of the Agreement. Accordingly, no provision of this Agreement will be limited by reference to any particular instances or examples stated in the provision.
The Agreement will come into force upon the earlier of: (a) javearentals receiving the Advertiser/’s written acceptance of the Agreement (whether by email, fax or otherwise); (b) the Advertiser accepting the terms of the Agreement on the Website; or (c) the Advertiser making the first payment to javearentals in respect of the Advertisement, providing such receipt, acceptance or payment takes place not more than 30 days following the date of issue of the Agreement to the Advertiser (the “Effective Date “).
The Agreement will continue in force indefinitely, unless and until terminated in accordance with Clause 9.
The Advertiser must provide to javearentals (a) such information as is reasonably required to compose the Javearentals Content for the Advertisement; and (b) at least one photograph of the property to be advertised through the Advertisement.
Where the Advertiser is invited to give its consent to the content of the Advertisement, the Advertiser must act reasonably in doing so, and must not unreasonably delay the giving of such consent.
Subject to the Advertiser’s compliance with Clauses 3.1 and 3.2, Javearentals: (a) provide the Advertising Services to the Advertiser during the Term; and (b) use reasonable endeavours to publish the Advertisement on the Website within a reasonable period (being no more than 30 days) following the receipt of all consents, information and Advertiser Content required for the Advertisement.
Where the property that is the subject matter of the Advertisement is temporarily unavailable, the Advertiser must note this using the owner’s notice board feature or by making the property unavailable using the calendar facility; and where the property is permanently unavailable, the Advertiser must promptly notify Javearentals to enable Javearentals to remove the Advertisement from the Website.
The Advertiser grants to Javearentals a non-exclusive, worldwide, royalty-free licence to copy and store the Advertiser Content for the purposes of the Agreement and to publish the Advertiser Content on the Website. The Advertiser also grants to Javearentals a right to bring proceedings and recover damages and benefit from any other legal remedy in respect of any infringement by any third party of the intellectual property rights in the Advertiser Content.
Where the Advertiser wishes to make changes to the Advertisement, the Advertiser must contact Javearentals in respect of the changes and Javearentals will use reasonable endeavours to implement the changes within a reasonable period (being no more than 30 days) following the Advertiser’s request.
Javearentals reserves the right to edit, suspend or remove the Advertiser Content or the Javearentals Content from the Website at any time without notifying the Advertiser.
The Advertiser undertakes: (a) to ensure that all Advertiser Content is accurate and fair; (b) to ensure that the Advertiser Content does not consist of, contain, or link to any Prohibited Content; (c) to ensure that any photographic Advertiser Content does not include any identifiable individual (unless Javearentals gives its express written consent); (d) to ensure that where testimonials or other materials provided by a third party are published on the Website, the Advertiser has full authority to grant to Javearentals the right to publish those materials in accordance with the terms of this Agreement; (e) promptly to request the removal or editing of any Advertiser Content which ceases to be accurate and fair, or becomes Prohibited Content, for whatever reason; and (f) to ensure that the Advertiser Content is of a quality commensurate with the content published on the Website generally.
The Advertiser acknowledges that Javearentals is not responsible for any inaccuracies contained in the Advertiser Content and Javearentals does not audit or verify the correctness of the Advertiser Content.
The Advertiser acknowledges that it is the Advertiser’s responsibility to monitor and manage any enquiries the Advertiser receives in respect of the advertised property (including through the Advertiser’s booking and enquiry facility), and that it is the Advertiser’s responsibility to ensure that no enquiries in respect of the advertised property are blocked by the Advertiser’s spam filters. Subject to Clause 8.1, Javearentals will not be liable for any loss or damage arising out of any failure to observe the requirements of this Clause.
Javearentals will use reasonable endeavours to maintain the availability of the Website and the availability of the published Advertisement during the relevant period (subject to scheduled or ad hoc maintenance and any Force Majeure Event affecting Javearentals or Javearentals appointed hosting service provider) but Javearentals does not guarantee 24/7 availability.
Javearentals does not warrant or guarantee that advertisements will receive any hits or enquiries, that customers are bona fide, or that customers will pay for properties rented. Javearentals has no responsibility to become involved in any way in any dispute between the Advertiser and any customer. Subject to Clause 8.1, Javearentals will not be liable for any loss or damage caused by any customer of the Advertiser.
The Advertiser acknowledges that Javearentals will not keep a back-up of any data concerning bookings, and that the Advertiser will be responsible for keeping a separate record of such bookings.
Charges and payment
The Advertisers must pay to Javearentals in accordance with this Clause 4: a one of annual Charge.
The amounts of the Charges are as stated on the Website, or such other amounts as Javearentals may notify to the Advertiser in advance in writing. the annual Charges in respect of the first 12 month period following the Go Live Date, will be invoiced by Javea Rentals at any time after the Effective Date and must be paid within 30 days of the date of the invoice.
Subsequent annual Charges in respect of subsequent 12 month periods will be invoiced by Javearentals at or around the relevant anniversary of the Go Live Date, and must be paid within 30 days of the date of the invoice.
All Charges stated in or in relation to the Agreement are stated inclusive of IVA, unless the context requires otherwise,
Where the Advertiser fails to make payments in accordance with this Clause 4, Javearentals may (without prejudice to its other rights under the Agreement or otherwise) suspend the provision of the Advertising Services until such time as the Advertiser pays the outstanding Charges.
The Advertiser warrants to Javearentals that it has the legal right and authority to enter into and perform its obligations under the Agreement.
Javearentals warrants to the Advertiser: (a) that it has the legal right and authority to enter into and perform its obligations under the Agreement; and (b) that it will perform the Advertising Services under the Agreement with reasonable care and skill.
All of the parties’ liabilities and obligations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
Intellectual Property Rights
The Advertiser acknowledges that Javearentals is the sole owner of all intellectual property rights in the Javearentals content, and that Javearentals does not grant a licence to the Advertiser to use the Javearentals Content.
Javearentals acknowledges that the Advertiser and its licensors are the owners of all intellectual property rights in the Advertiser Content, and that the only licence granted by the Advertiser to Javearentals to use the Advertiser Content is that set out in this Agreement.
The Advertiser will indemnify Javearentals and will keep Javearentals indemnified against all damages, losses and expenses (including legal expenses) arising as a result of any breach by the Advertiser of Clause 3.8 of the Agreement.
Limitations and exclusions of liability
Nothing in the Agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Clause 8: (a) are subject to Clause 8.1; and (b) govern all liabilities arising under the Agreement or in relation to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Javearentals will not be liable in respect of any loss of profits, income, revenue, or anticipated savings.
Javearentals will not be liable for any loss of business, contracts or commercial opportunities.
Javearentals will not be liable for any loss of or damage to goodwill or reputation.
Javearentals will not be liable for any losses arising out of a Force Majeure Event.
Javearentals will not be liable for any losses of or damage to data or information (including booking data relating to an Advertisement stored on the Website).
Javearentals’ liability in relation to any event or series of related events will not exceed the total amount paid or (if greater) payable by the Advertiser to Javearentals under the Agreement during the 12 month period immediately preceding the event or events giving rise to the claim.
Either party may terminate the Agreement at any time by giving written notice to the other party.
Either party may terminate the Agreement immediately by giving written notice to the other party if the other party commits any breach of any term of the Agreement.
This Agreement will terminate automatically if the Advertiser fails to pay any Charges by their due date for payment.
Either party may terminate the Agreement immediately by giving written notice to the other party if:
(a) the other party: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or
(d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
Effects of termination
Upon termination all the provisions of the Agreement will cease to have effect, save that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 6, 7, 8 and 10.
Termination of the Agreement will not affect either party’s accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
If the Agreement is terminated by Javearentals under Clause 9.1, or by the Advertiser under Clauses 9.2 or 9.4, the Advertiser will be entitled to a refund of any amounts paid to Javearentals under the Agreement in respect of the Advertising Services which were to have been provided after the effective date of termination. Such amount will be calculated by Javearentals using any reasonable methodology.
Save as provided in Clause 10.3, the Advertiser will not upon the termination of the Agreement be entitled to any refunds of Charges or released from any liability to pay Charges in respect of any 12 month period of Advertising Services commencing before the date of effective termination.
No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect.
The Agreement may not be varied except by a written document agreed by or on behalf of each of the parties.
Javearentals may freely assign its rights and obligations under the Agreement without the Advertiser’s consent to any affiliate of Javearentals or any successor to all or a substantial part of the business of Javearentals from time to time. The Advertiser may not without the prior written consent of Javearentals assign, transfer, charge, license or otherwise dispose of or deal in the Agreement or any rights or obligations under the Agreement.
The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
The Agreement constitutes the entire agreement and understanding of the parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of the Agreement. Subject to Clause 8.1, each party acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the other party.
The Agreement will be governed by and construed in accordance with the laws of Spain and the courts of Spain will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.