LEGAL NOTICE WITH DATA PROTECTION

GENERAL CONDITIONS OF USE

The website http://barcelona-moto-rent.com (hereinafter, the "Website") is owned by NEAVINTO SL (hereinafter, "Barcelona Moto Rent"), with registered office at Carrer Roger de Llúria 31, 08009 Barcelona and CIF number B65268252.

Barcelona Moto Rent welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the "General Conditions of Use") that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Since Barcelona Moto Rent may modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, Barcelona Moto Rent informs the User that any suggestion, question or query regarding the General Conditions of Use will be received and resolved by contacting Barcelona Moto Rent at through the phone. 935 325 925 or at the email address [email protected]

1. Object

Barcelona Moto Rent supplies the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the "Data Protection Policy"). Access to this Website or its use in any way gives it the status of "User" and implies the unreserved acceptance of each and every one of these General Conditions of Use, and Barcelona Moto Rent reserves the right to modify them at any time. . Consequently, it will be the responsibility of all Users, the careful reading of the General Conditions of Use in force on each of the occasions on which they access this Website, so if they do not agree with any of the same herein, You must refrain from using this Website.

Likewise, you are warned that, on occasions, particular conditions may be established for the use of specific content and / or services on the Website, the use of said content or services will imply acceptance of the particular conditions specified therein.

2. Services

Through the Website, Barcelona Moto Rent offers Users the possibility of accessing all the services we offer (hereinafter the "Services").

3. Privacy and Data Processing

When for the access to certain contents or services it is necessary to provide personal data, the Users will guarantee its veracity, accuracy, authenticity and validity. Barcelona Moto Rent will give said data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Data Protection Policy section. http://www.barcelona-moto-rent.com/contacto.html

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs that may be used industrially and / or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the content and / or any other elements inserted on the page, which are the exclusive property of Barcelona Moto Rent and / or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping Barcelona Moto Rent harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by Barcelona Moto Rent or the third party owner of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights. copyright by legislation on intellectual property. Barcelona Moto Rent is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content on the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is obtained, by written, from the aforementioned Entity.

It is also forbidden to delete, evade and / or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website agrees to respect the rights set forth and to avoid any action that could harm them, Barcelona Moto Rent reserving in any case the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

  1. Make an appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at any time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.

  1. Provide all the technical means and requirements that are required to access the Website.

  1. Provide truthful information by filling out the forms contained in the Website with your personal data and keeping them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damage caused to Barcelona Moto Rent or third parties by the information provided.

 

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Make an unauthorized or fraudulent use of the Website and / or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer.

b) Access or attempt to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of Barcelona Moto Rent, its suppliers or third parties.

e) Try to access, use and / or manipulate the data of Barcelona Moto Rent, third party providers and other Users.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of Barcelona Moto Rent or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtain and try to obtain the contents using different means or procedures from those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general , which are commonly used on the Internet because they do not entail a risk of damage or uselessness of the website and / or the contents.

i) In particular, and for merely indicative and non-exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in the International Treaties and in the rest of the current legislation.

(ii) Induce, incite or promote criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order actions.

(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(iv) Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order.

(v) Induce or may induce an unacceptable state of anxiety or fear.

(vi) Induce or incite to engage in dangerous, risky or harmful practices for health and mental balance.

(vii) It is protected by the legislation on intellectual or industrial protection belonging to Barcelona Moto Rent or to third parties without the intended use having been authorized.

(viii) Be contrary to honor, personal and family privacy or the image of people.

(ix) Constitute any type of advertising.

(x) Include any type of virus or program that prevents the normal operation of the Website.

If you are provided with a password to access some of the services and / or content on the Website, you agree to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or content by outsiders. Likewise, it is obliged to notify Barcelona Moto Rent of any fact that may involve improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the previous notification, Barcelona Moto Rent will be exempt from any responsibility that may arise from the improper use of your password, being your responsibility any illegal use of the contents and / or services of the Website by any illegitimate third party.

If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said breach for Barcelona Moto Rent.

6. Responsibilities

Barcelona Moto Rent does not guarantee continued access, nor the correct display, download or usefulness of the elements and information contained in the pages. http://www.barcelona-moto-rent.com/ , http://www.barcelona-moto-rent.com/alquiler-motos.html , http://www.barcelona-moto-rent.com/precios-alquiler-motos.html ,http://www.barcelona-moto-rent.com/precios_alquiler_motos_250cc.html , http://www.barcelona-moto-rent.com/oferta_especial_50cc_125cc.html , http://www.barcelona-moto-rent.com/precios_alquiler_motos_400cc.html , http://www.barcelona-moto-rent.com/reserva-moto.html , http://www.barcelona-moto-rent.com/motos.html , http://www.barcelona-moto-rent.com/contacto.html , http://www.barcelona-moto-rent.com/servicios_entregar.html … That they may be impeded, hindered or interrupted by factors or circumstances that are beyond their control.

Barcelona Moto Rent is not responsible for the decisions that may be taken as a result of access to the content or information offered.

Barcelona Moto Rent may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. Barcelona Moto Rent does not is responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:

(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of Barcelona Moto Rent.

(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) undue or inappropriate abuse of the Website.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of it. The administrators of Barcelona Moto Rent reserve the right to withdraw, in whole or in part, any content or information present on the Website.

Barcelona Moto Rent excludes any responsibility for damages of any kind that may be due to the misuse of freely available and use services by Website Users. Likewise, Barcelona Moto Rent is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubts services. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by Barcelona Moto Rent for the damages or losses caused.

You will defend, indemnify and hold Barcelona Moto Rent harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify Barcelona Moto Rent against any damages arising from your use of "robots", "spiders", "crawlers" or similar tools used in order to collect or extract data or of any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, even through a hyperlink or hyperlink, the Barcelona Moto Rent Website, as well as any of its content, unless expressly authorized in writing by us.

The Barcelona Moto Rent Website includes links to other websites managed by third parties, in order to facilitate User access to information from collaborating and / or sponsoring companies. In accordance with this, Barcelona Moto Rent is not responsible for the content of these websites, nor is it in a position of guarantor or / or bidder of the services and / or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that Barcelona Moto Rent recommends that website or its services or products; (ii) they may not falsify their relationship with Barcelona Moto Rent or affirm that Barcelona Moto Rent has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of Barcelona Moto Rent; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) you must link to the Website's own address, without allowing the website that makes the link to reproduce the Website as part of your website or within one of its "frames" or create a "browser" on any of the pages of the Website. Barcelona Moto Rent may request, at any time, to remove any link to the Website, after which it must immediately proceed to remove it. Barcelona Moto Rent cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, Barcelona Moto Rent does not assume any type of responsibility for any aspect related to such websites.

8. Data protection

To use some of the Services, Users must previously provide certain personal data. To do this, Barcelona Moto Rent will automatically process Personal Data in compliance with Law 15/1999 of December 13 on Protection of Personal Data and Development RD 1720/2007. For this, the User can access the policy followed in the treatment of personal data as well as the establishment of the previously established purposes, as provided in the conditions defined in the Data Protection Policy [LINK] presented by the Website.

9. Cookies

Barcelona Moto Rent reserves the right to use the "cookie" technology on the Website, in order to recognize you as a frequent User and personalize your use of the Website by preselecting your language, or more desired or specific content. The "cookies" used by the Website, or the third party acting on its behalf, are associated only with an anonymous user and his computer, and do not in themselves provide the user's personal data.

Cookies are files sent to a browser through a Web server to record the User's navigation on the Website, when the User allows their reception. In turn, you can delete the "cookies" for which you should consult the instructions for use of your browser.

Thanks to cookies, it is possible that Barcelona Moto Rent recognizes the computer browser used by the User in order to provide content and offer the user's browsing or advertising preferences, to the demographic profiles of the Users as well as to measure the visits and traffic parameters, control the progress and number of entries.

10. Duration and termination

The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, Barcelona Moto Rent may terminate or suspend any of the portal services. When possible, Barcelona Moto Rent will announce the termination or suspension of the provision of the determined service.

11. Declarations and Guarantees

In general, the content and services offered on the Website are for informational purposes only. Therefore, when offering them, Barcelona Moto Rent does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, veracity, accuracy, or merchantability, except insofar as such declarations and guarantees cannot be excluded by law.

12. Force majeure

Barcelona Moto Rent will not be responsible at all in case of inability to provide service, if this is due to prolonged interruptions in the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

13. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any controversy will be resolved before the courts of Barcelona.

 

In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, Barcelona Moto Rent will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.