BE SURE TO READ CAREFULLY AND UNDERSTAND ALL OF THE RIGHTS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THE RENTALS IN MARBELLA SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT USE THE WEBSITE.
Ability to Accept.
You guarantee that you are above 18 and that you are qualified to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement representing an entity, You represent that you are entitled to enter into this Agreement on behalf of such entity.
Use of the service
Rentals in Marbella welcome you to view, use and download the materials on this Site for your informational, non-commercial use, provided that you leave all the copyright warnings or other proprietary notices intact. You may not store, alter, duplicate, transmit, share, repost, openly display or otherwise use any content on this website, or the design or layout of this Site or individual segments of it, in any form or media except with the express prior written approval of Rentals in Marbella. The commercial use, duplication, reposting, public display, transmission or distribution of any data, software, logo or other material available through this Site without the prior written consent of Rentals in Marbella is rigorously prohibited. You agree that Rentals in Marbella may, at any time, for any purpose and without notice, stop, change or limit your use of this Site and make adjustments in the products and/or services depicted in this Site.
Scope of Service
Rentals in Marbella is a powerful booking platform that lets you book or advertise your residential or commercial rental online with no hassle. We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or buying and renting a property. We do not own or manage, nor can we contract for, any property listed on a Site. The Site provides an on-line marketplace to allow property managers who advertise on the Site (each, a “host”) to offer for rent and for sale in a variety of pricing formats to potential renters or buyers (each, a “Guest” and, collectively with a host, the “users”). The Site allows you to book or may provide other ancillary services, as the Site may facilitate booking services, but we are not a party to any user or other agreement between users. As a result, any part of an actual or potential transaction between a guest and a host, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any host or property), the ability of host to rent a property or the ability of guest to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking of service and Rentals in Marbella or one of its affiliates may place additional restrictions on your booking, product or service.
Obligations of the user
You agree to use the website rentalsinmarbella.com, and the services only for the purposes permitted by these Terms of Service, as well as the laws, regulations or practices generally accepted in the relevant jurisdiction. Rentals in Marbella IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, REGULATIONS, OR COMMERCIAL LAWS BY THE USER OR THIRD PARTIES TO THEIR PROPOSAL. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOUR USE OF THE WEBSITE, AND THE SERVICES DO NOT DISCLAIM THE APPLICABLE LAWS, RULES OR REGULATIONS. Users agree that they are responsible for, and agree to abide by all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
By providing Rentals in Marbella your email address you consent to our using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
The Services and all related rights are, and will remain our property. Neither these Terms nor the use of the Services grant or grant the user any right in relation to the Services, except for the limited license granted previously, or to use or refer in any way to the names of the companies, logos, to the names of products and services, brands or services. All content that appears on the Rentals in Marbella platform is owned by our partners and is protected by international copyright laws. Some names, graphics, and logos are trademarks, service marks or commercial image (collectively, "Trademarks") of Rentals in Marbella. Our trademarks may not be used for any purpose, except under our trademark use policy. All other trademarks are the property of their respective owners and may not be used without your prior written consent.
Content that appears on the service
Content means any information, pictures, text, graphics or other materials uploaded, downloaded or appearing on the Service, including, without limitation, ratings, presentations, reviews, other information, advertisements, photos, videos, graphics, music, and sound contained, distributed, linked, downloaded or accessed from the Service, if such Content is owned by Rentals in Marbella or third parties.
You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Rentals in Marbella does not control and is not responsible for Content made available through the Site and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
Furthermore, the Site and Content made available through the Site may contain links to other websites that are completely independent of the Rentals in Marbella. Rentals in Marbella makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Rentals in Marbella be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site. You understand and agree that any uploading or posting will be at your sole risk and Rentals in Marbella shall not be responsible to you in any way. Further, Rentals in Marbella does not provide any warranty as to your use of third-party content or services that you obtain from the Site.
Our website may have certain features that allow you to submit contents, comments, information, and other materials (collectively, "Contents") to Rentals in Marbella. By submitting comments through sites, you grant us a license to access, use, copy, reproduce, process, adapt, publish, transmit, receive and display such notices for any purpose.
All property listings on the Site are the sole responsibility of the member/host (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user's part. Members/Hosts are solely responsible for keeping their property information up-to-date on the Site, 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, Guest or property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where Guests have searched for specific dates or types of properties.
By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.
Editing, Deleting and Modification
We hold the right in our sole discretion to correct or remove any documents, data or other content appearing on the Site at any time without notice.
Precision, Integrity, And Punctuality Of Information
The information available on this Website is intended to be a general information resource regarding the matters covered, but is not offered as legal or other professional advice, and is not tailored to your specific circumstances. You should evaluate all the information, opinions, and advice available on this website in consultation with experts. Any dependence on the material on this website is at your personal risk. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You acknowledge that it is your duty to observe changes to our website.
Certain Services may be subject to fees charged by Rentals in Marbella ("Fees") which will be identified at the point of purchase of such Services. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Website. Services requiring Fees that have not been previously agreed upon will be notified to you, and your agreement to be responsible for any such additional fees will be required before any such additional fees will be applied. We will charge your credit card for applicable authorized Fees and you understand that once charged, such Fees are non-refundable. If Rentals in Marbella does not receive payment from the issuer of the credit card associated with your Rentals in Marbella account, you agree to pay all amounts due upon demand directly to us, and we further reserves the right to either suspend or terminate your account and your access to the Services in such circumstances.
Rentals in Marbella subscriptions may renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Your subscription will renew monthly or annually on the same day of the month or year, respectively, as the date you made your initial purchase. This date will be included on your subscription confirmation receipt that will be emailed to you at the email you provide. You may cancel your account at any time, this will stop future subscription charges from accruing to your account.
Cancellation of subscriptions
You can unsubscribe at any time. To cancel, you can (i) send us an email to (email) and follow the instructions provided, if any, in response to the cancellation request or (ii) initiate a cancellation by setting up your account within the Services. You will be responsible for all Subscription fees incurred for the current subscription period at the time. If you cancel, the cancellation will take effect immediately, but Rentals in Marbella will allow you to access the subscription features by the end of the last paid subscription period, and will, therefore, interrupt the access after.
Payments and Bookings
Alternatively, you may be asked to supply certain information relevant to your bookings including, without limitation, your credit card number, the expiration date of your credit card, your email. You present and warrant that: (i) you have the legal right to use any credit card(s) or another payment method(s) in connection with any bookings; and that (ii) the information you supply to us is true, correct and complete. By submitting such information you grant us the right to provide the information to third parties for the purpose of facilitating the completion of bookings.
We never support any attempts of cheating, which is why we forbid you to give us any incorrect, not up-to-date information when you complete our Website’s booking form. You fall under the responsibility for any possible consequences, delays and misunderstandings if you provided us with inaccurate or incorrect or unfaithful information about yourself.
Rentals in Marbella will charge a 10% service fee and 10% reservation fee from renter time of booking, which is not refundable if service requested by the Guest is being cancelled, . We charge a service fee payable by guests who books on the Site via the Site checkout. The service fee covers the use of the Site, including such features as 24/7 user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the guest and/or host, VAT may be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to guests at the time of booking. The service fee plus applicable VAT will be charged after both the guest and host accept the reservation. All Host agree not to encourage or advise a Guest to avoid or circumvent the service fee charged by Rentals in Marbella.
Fraudulent actions by users
Rentals in Marbella is not responsible for losses relating to fraudulent actions by any User that is misleading, fraudulent or in any other way invalid ("Fraudulent Actions"). By using the Services, you will release Rentals in Marbella from any liability arising from fraudulent actions. You will also do everything possible to notify us immediately of any fraudulent action that may affect the Services. Rentals in Marbella reserves the right, in its sole discretion, to restrict any User who is involved in fraudulent actions from using the service.
Limitation & Termination of Service
You acknowledge that Rentals in Marbella may establish limits concerning use of the Service. You agree that Rentals in Marbella has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Rentals in Marbella reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Rentals in Marbella shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Rentals in Marbella in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Rentals in Marbella believes that you have acted inconsistently with these Terms. Further, you agree that Rentals in Marbella shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
You may download the Content only for the purposes stated above. This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:
- You may not modify the Content in any way (including the removal of any copyright or other proprietary notice contained in the Content), or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
Permissions and Restrictions
- You agree not to distribute any part of the Site, in any medium, without the prior written consent of Rentals in Marbella other than through functions and features provided through the Site (such as a downloadable image).
- You agree not to alter or modify any part of the Site.
- You agree not to use any part of the Site for any commercial use without the prior written authorization of Rentals in Marbella. Prohibited commercial uses include without limitation any of the following actions taken without Rentals in Marbella express written approval: 1) sale of access to the Site on another website; 2) use of the Site or any information on the Site for the purpose of gaining advertising or subscription revenue; or, 3) the sale of advertising on the Site or any third-party website targeted to any information on the Site.
- Prohibited commercial uses do not include uploading of original material to the Site approved in advance or expressly authorized by Rentals in Marbella in writing.
- Rentals in Marbella reserves the right to discontinue any aspect of the Site at any time.
Our services may only be used by users 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.
Additional Hosts Representations.
Each host represents and accepts that all information submitted to us and to the Site during such host registration with the Site shall be true and correct. Each host represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such host; (ii) will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading.
Denial Of Access
The Content we display on the Website is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the Rentals in Marbella Content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Rentals in Marbella Content without written permission from us or the owner of the intellectual property rights.
Reporting Intellectual Property Infringement.
Rentals in Marbella and the Sites comply with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to us, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for our copyright agent for notice of claims of copyright infringement is provided below.
Via email to (Your Copyright Agent’s Email Address)
Rentals in Marbella and its licensors may publicly display advertisements and other information adjacent to or included in the Content. You are not entitled to any payment for these publications. The method and scope of such advertising are subject to change without notice.
Dealings with organizations or individuals
Rentals in Marbella shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Rentals in Marbella is not responsible for any damage or loss incurred as a result of any such dealings. Rentals in Marbella is under no obligation to become involved in disputes between participants on the Site or between participants on the Site and any third party. In the event of a dispute, you release Rentals in Marbella, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
When you use the Site or sending emails and other communications from your desktop or mobile device to us, you are communicating with us electronically. You admit and consent to receive electronically all communications, transactions, and documents (collectively, "Communications") that Rentals in Marbella may present in association with your use of Rentals in Marbella services.
Agreement to negotiate electronically
All transactions with or through this website or Rentals in Marbella may, at our discretion, be carried out and carried out electronically. We can keep records of any type of communication made through this website.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to our email addresses or through our computer systems is expressly prohibited by these Terms. Any unauthorized use of Rentals in Marbella computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Limitation of liability
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE CONTAINED WITHIN THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE OUR SITE. RENTALS IN MARBELLA DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USE OF THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION ON THIS WEBSITE MAY CONTAIN INACCURACIES AND OTHER ERRORS.
You agree to cancel and retain our employees, directors, agents, affiliates/partners, employees, shareholders, agents, branches, advertising related agencies and promotional activities, all external suppliers of information sources harmless of all and any damage, rights, losses, claims and actions that may result from textual or other materials in connection to our Service.
Because the Sites are an advertising venue, in the event that you have a dispute with a property/advertiser, you release Rentals in Marbella and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes.
If the Website and Services are not available for any period or any time, Rentals in Marbella shall not be liable. Rentals in Marbella gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Rentals in Marbella reserves the right to suspend the operation of the Website or Services. You agree that neither Rentals in Marbella nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services on this Website.
Availability, errors, and inaccuracies
We are regularly updating our services ("service") on our site. The products or services available on our Service may be incorrectly evaluated, incorrectly described or unavailable, and we may experience delays in updating information on the Service and our advertising on other sites.
We can not and do not ensure the accuracy or perfection of any data, including prices, item products, details, accessibility, and services. We reserve the right to change or update information and correct any errors, inaccuracies or omissions at any time without notice.
Rentals in Marbella will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Rentals in Marbella.
Any waiver of any provision of this Agreement or a delay of any party in the performance of any right herein provided shall not be construed as a continuing waiver nor create an expectation of failure to perform such or any other provision or right.
These Conditions will be governed, interpreted and applied in accordance with the laws of the Spain, as the case may be. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect for all purposes. These Conditions constitute the entire agreement between us in relation to our Service and replace any previous agreements, oral or otherwise, relating to the Service.