TERMS AND CONDITIONS
- INTRODUCTION
This document (together with all documents mentioned herein) sets out the terms and conditions governing the use of this website (www.houxury.es) as well as the payment of the rental and reservation contracts previously signed.These Terms and Conditions (hereinafter, the “T&Cs”) constitute a legal agreement between you and:Houxury Asset Management, S.L., a Spanish company with CIF B42748780 and registered office for these purposes at Calle Gaztambide, 26, Bajo K, 28015 Madrid, Spain and registered in the commercial register of Madrid in Volume 41480, Folio 210, Sheet M-735014, Entry 1; oHouxury, S.L., a Spanish company with CIF B42748780 and registered office for these purposes at Calle Gaztambide, 26, Bajo K, 28015 Madrid, Spain and registered in the commercial register of Madrid in Volume 39887, Folio 1, Sheet M-708448, Entry 1; (both companies hereinafter, “Houxury”)These T&Cs govern your use of the website www.houxury.es, its reservation system (the “Website”) and any other goods or services provided by Houxury to you through the Website (together, hereinafter, the “Product”).Houxury maintains other terms and policies that complement these T&Cs such as our Privacy Policy, which describes our collection and use of personal data, and our Cookies Policy. Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Houxury website, you agree to comply with and be bound by these Terms and Conditions.Please read these Terms and Conditions, our Cookie Policy and our Privacy Policy (together, the “Privacy Policy”) carefully before using this website. By using this website, you agree to be bound by these Terms and Conditions and our Privacy Policy, so if you do not agree to all of the Terms and Conditions and the Privacy Policy, you should not use this website. If you have any questions regarding the Conditions or the Data Protection Policies, you can contact us by email: info@houxury.es
- OUR DATA
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce of Spain, we inform you that this website is the property of Houxury Asset Management, S.L, hereinafter HOUXURY, with registered office at Calle Gaztambide, 26, Bajo K, 28015, Madrid, Spain, with CIF B42748780 and registered in the Mercantile Registry of Madrid in Volume 41480, Folio 210, Sheet M-735014, Entry 1ªFor any questions, you can contact us by email: info@houxury.es. The website www.houxury.es, hereinafter the PORTAL, is governed by the regulations exclusively applicable in Spain, and both nationals and foreigners who use this website are subject to it.
- YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us is true and corresponds to reality.
- USE OF OUR WEBSITE
By using our website, you agree to all the terms and conditions set forth below in these Terms and Conditions of Use. If you do not agree to each and every one of these terms and conditions, do not use our websites. We reserve the right, at our discretion, to change and/or modify portions of these Terms of Use at any time without prior notice and, unless otherwise indicated, such changes will take effect immediately. We therefore recommend that you consult these Terms of Use periodically to be aware of any changes. We will display the effective date of these Terms of Use at the top of this page.By using this website, you will pay the corresponding monthly rents, or other concepts related to this and the rental referred to, as set out in the prior Lease contract or reservation form, signed between you and one of the companies that own or own the website, and of which you are fully aware, since you have previously signed and initialed it, and you have a copy of it, with the conditions, obligations and rights set out therein.Houxury’s information may contain technical inaccuracies and typographical errors, such as inaccuracies related to the prices or availability applicable to your transaction, among others. Houxury will not assume any responsibility for such inaccuracies, errors or omissions, and will have no obligation to comply with reservations or information affected by such inaccuracies. Houxury reservedthe right to make changes, corrections, cancellations and/or improvements to Houxury Information and the products and programs described in such information at any time without notice, including after confirmation of a transaction.
- PASSWORDS AND OTHER
Our Website may grant you the right to use user names, passwords or other codes or devices to gain access to certain sections of our Website or applications linked to Houxury (“access codes”). You are solely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account, at our sole discretion and without notice, provided there is a reason including, for example, your breach of any part of these Terms of Use.
- LIABILITY AND DISCLAIMER
To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Websites or the use, inability to use, or results of the use of our Websites, any websites linked to it and any materials posted on it, including, without limitation, all liability for loss of income, business, profits or contracts, anticipated savings, data, goodwill, managerial or administrative time and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this condition shall not prevent claims for loss or damage to your tangible property or any other claim for direct financial loss which is not excluded by any of the categories set out above.This does not affect our liability for death or personal injury caused by our negligence, nor our liability for misrepresentation of fact or fundamental matter, nor any other liability which cannot be excluded or limited by applicable law. You must defend us against any claim, demand or action brought against us or arising as a result of your breach or violation of these Terms of Use (“Claim”), and you must indemnify us and hold us harmless from and against any loss, damage, cost or expense (including attorneys’ fees) arising out of such Claim. We have the right, at our own expense, to assume the exclusive defense of such Claim and all settlement negotiations, and you agree to cooperate with us in the defense of such Claims if we so request.To the extent permitted by law, we exclude all warranties other than those which may not be lawfully excluded against consumers and users.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
You acknowledge and agree that all copyright, trademarks and other intellectual and industrial property rights in the materials or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only in the manner expressly authorized by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy your payment or Contact details.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or material. You will not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause may lead to a criminal offence under applicable laws. We will report any breach of this clause to the relevant law enforcement authorities and we will co-operate with those authorities in discovering the identity of the attacker. In addition, if you breach this clause, you are immediately no longer authorised to use this website. We will not be liable for any damage or loss resulting from a denial-of-service attack, viruses or other malicious code.
any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.
- LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, such links are provided solely for information purposes, without us having any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.
- WAIVER
The failure on our part to require strict compliance by you of any of the obligations assumed by you under a contract or these Terms and Conditions or the failure on our part to exercise the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not constitute a waiver or limitation of any such rights or actions or exonerate you from compliance with such obligations. No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the provisions of the Notifications section above.
- PARTIAL NULLITY
If any of these T&Cs or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the rental, reservation or similar contracts referred to, as well as the payments included therein, shall be governed by Spanish law. Any dispute arising from or related to the use of the website or such contracts shall be subject to the jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect the rights that you as such are recognized by current legislation.
- SECURITY
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user/client accepts that Houxury obtains data for the purpose of the corresponding authentication of the access controls.