Disclaimer on privately advertised properties

Disclaimer for privately advertised properties

Terms and conditions – Advertising Package.

By using or accessing camposolproperties.com, operated by Another World Properties SL., you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”) as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorized to access or otherwise use the Sites. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Camposol Properties and Another World Properties. You also agree to be bound by the separate Terms and Conditions of these sites, which may have additional or other terms. You are not authorized to use these Sites unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user’s use of this Sites and incorporating these Terms by reference.

1. The Sites are a Venue and We are Not a Party to any Rental Transaction, under the Advertising Package.

We urge all users to be responsible about their use of this Sites and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any holiday rental property listed on the Sited. Instead, the Sites acts as a venue to allow homeowners and property managers who advertise on our Sites (each, a “member”) to offer for rent in a variety of pricing formats, a specific holiday rental property to potential renters (each, a “traveller” and, collectively with a member, the “users”). We are not involved in any transaction between travellers and members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a traveller to enter into a transaction to lease a specific property directly from a member. As a result, any part of an actual or potential transaction between a traveller and a member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a vacation property or the ability of travellers to pay for holiday rental properties are solely the responsibility of each user.

We are also not responsible for the condition of the holiday rental properties listed on our Sites or the compliance with laws, rules or regulations that may be applicable to any holiday rental property in any jurisdiction.

Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages or accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.

2. Responsibility for User-Contributed Content.

We have no duty to pre-screen content posted on the Sites by members, travellers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Sites of, or to remove from the Sites, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit member’s content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.

All property listings on the Sites are submitted by the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their property information up-to-date on the Sites, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property location, suitability, pricing or availability information published on the Sites are accurate or up-to-date even in the case where prospective travellers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions, and travellers are solely responsible for verifying the accuracy of such descriptions.

If any content created by members or users is translated for display on any Sites or any site of any affiliate of Camposol Properties or Another World Properties, the member or user is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.

We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.

3. Links to Third Party Sites.

These Sites may contain links and pointers to other Internet sites, resources, and sponsors of the Sites. Links to and from the Sites to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

4. Limitation of Liability.

IN NO EVENT WILL WE, THE SITES, (CAMPOSOL PROPERTIES & ANOTHER WORLD PROPERTIES SL), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITES, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR A THIRD PARTY, (D) USE OF THE SITES, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITES BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITES, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, , THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITES. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF CAMPOSOL PROPERTIES & ANOTHER WORLD PROPERTIES SL, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR IN THE AGGREGATE FOR ALL CLAIMS. NOTHING IN THESE TERMS SHALL EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, NOR FOR OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION.

5. Disclaimers/Warranty.

WE WARRANT THAT THE SITES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION OF MEETING OUR TECHNICAL SPECIFICATIONS FOR THE SITES, BUT WE CANNOT AND DO NOT GUARANTEE THAT THE SITES OR ANY OF ITS CONTENT OR FUNCTIONS WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS RELATING TO THE SITES OR ANY OF ITS CONTENT, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW. . TERMS EXCLUDED INCLUDE ANY AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE WILL TAKE REASONABLE STEPS TO AVOID OURSELVES INTRODUCING VIRUSES OR OTHER HARMFUL COMPONENTS TO THE SITES.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THESE SITES ARE NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITES, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITES.

6. Release; Indemnification.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE AND DISCHARGE US AND ANY MEMBER OF CAMPOSOL PROPRTIES & ANOTHER WORLD PROPERTIES SL EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.

YOU HEREBY AGREE TO INDEMNIFY US AND ANY MEMBER OF CAMPOSOL PROPERTIES & ANOTHER WORLD PROPERTIES SL (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) AGAINST ALL LIABILITY INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT ANY BREACH BY YOU OR THROUGH YOUR ACCOUNT OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

7. Member Eligibility; Accuracy of Information.

Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Sites during such member’s registration with the Sites shall be true and correct. Each member further agrees to promptly provide notice to the Sites by contacting us regarding any updates to any such contact information previously submitted by such member to the Sites. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Sites, and proof of authority to list the property as we may request.

8. Substitution of Properties; Advertising More Than One Property; Property Managers.

Each advert must relate to an individual and uniquely identified property, unless (i) you are a property manager who has signed up for one of our packages for members who are property managers or (ii) you otherwise purchased a subscription package that expressly allows for substitution of properties. This means that:

(a) The property in an advert may not be substituted for another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.

(b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advert, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advert when more than one property is described in such advert, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

(c) Members who manage 5 or more properties should contact our office + 34 968592679 or contacting us by email to discuss the packages that may best suit their needs. All other subscription listing packages require one subscription per listing (one subscription per property).

9. Unauthorized Payment Methods; Subscription Payments

Payments between members and travellers: We are not a party to any payment transaction between members and travellers. No member may request any traveller to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Sites may result in the immediate removal of the non-conforming listing from the Sites without notice to the member and without refund.

From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.

Payments for subscriptions: Payment for subscription listings must be made to us in EUROS paid either by debit card, or a cheque drawn on a Spanish bank. NB sterling payments can be received with confirmation of exchange rate- contact the office for this information.

10. Refund Requests and Termination or Transfer of Listings

Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless we agree otherwise.

If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.

Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Sites or into our database, misuses the Sites or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Sites (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the holiday rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative Camposol Properties & Another World Properties , we reserve the right to terminate such member’s subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.

Transfer of Listing: No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.

 

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