LEGAL WARNING

1. Object

The purpose of this document is to regulate the RULES OF USE and safeguard the PROTECTION OF USERS of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com, all of which are owned by Charming Stay SL (hereinafter CS), with address at C / Alameda principal 33, 3º, 29001 of Malaga.

The terms “You” and “User” are used here to refer to all individuals and / or entities that for any reason access these web sites. CS intends, through www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com to bring the CS world closer to its users. For this, CS makes available through these websites, information and services related to our hotels and apartments such as online reservations of rooms and apartments, and various promotions in continuous evolution (hereinafter the services).

The use of the pages and / or its services, will imply the full acceptance without reservations, and the validity, of each and every one of the General Conditions included in the latest updated version of these Rules of Use, so that the user should be aware of the importance of reading them each time you visit www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com. The access and / or use of certain services offered to users (from now on the user) in www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com, may be subject to certain conditions that, depending on the cases, replace, modify and / or complete these Rules of use, so that the user, prior to accessing and / or using said services and contents, must read and accept said conditions.

 

2. Use of the pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com and their services

The user agrees to use the pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com and those services made available to them through them, in accordance with the law, moral, good customs and order public, as well as with the provisions of these Rules of Use. Consequently, it is obliged to not use the pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com or services, for purposes or effects illicit and / or contrary to the provisions of these Rules of Use, harmful of rights and / or interests of third parties or that, in any way, may damage the pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com or prevent their normal use, or of the services accessible through the same, for the rest of the users, CS and / or its image.

CS may, for greater agility in the operation of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com and for the benefit of users, modify the services provided or any substantial aspect of this page, or the conditions of operation, techniques and use of the services of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com. In the same way, the users, in order to improve the service and establish an optimum level of quality, ultimate goal of CS, may suggest those modifications they deem useful, by contacting those responsible for the pages through the address of email: lopd@charmingstay.es.

The users of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com must observe any instruction that, through e-mail, www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com or, CS or its personnel, duly authorized, impart.

 

3. Cookies policy

Charming Stay S. L. informs about the use of cookies on its web pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com. Cookies are files that can be downloaded to your computer through web pages. They are tools that have an essential role for the provision of numerous services of the information society. Among others, they allow a website to store and retrieve information about the browsing habits of a user or their team and, depending on the information obtained, they can be used to recognize the user and improve the service offered.

Types of cookies

Depending on the time they remain activated:

  • Session cookies. They are a type of cookies designed to collect and store data while the user accesses a web page.
  • Permanent cookies: They are a type of cookies in which the data is stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie.

Depending on the ownership:

  • Own cookies. They belong to Charming Stay S. L.
  • Third party cookies. Are those whose ownership is of a third party who will be the one who deals with the information collected.

Depending on its purpose:

  • Technical and / or personalization cookies. Are those that serve to improve the service, locate incidents, recognize the user, etc.
  • Analysis and / or advertising cookies. Are those that serve to analyse information about navigation and offer advertising, be it generic or personalized.

Cookies used on the web

The cookies that are being used in this portal, as well as their typology and function, are identified below:

The web pages of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com use Google Analytics, a web analytics service developed by Google, which allows the measurement and analysis of navigation on web pages. In your browser you can see 2 cookies of this service. According to the previous typology, it is our own, session and analysis cookies.

Through web analytics, information is obtained regarding the number of users accessing the web, the number of page views, the frequency and repetition of visits, their duration, the browser used, the operator providing the service, the language , the terminal that you use, or the city to which your IP address is assigned. Information that enables a better and more appropriate service by this portal.

The used cookies are named below:

  • PHPSESSID: This session cookie is used by the PHP encryption language to allow the SESSION variables to be saved on the web server. These cookies are essential for the functioning of the web.
  • _GA: to store a unique customer identifier (customer ID) by the Google Analytics web statistics service.
  • _dc_gtm_UA-50294158-14: Used by Google to add the Google Analytics tracking code from Google Tag Manager.
  • _GAT: Analytic cookie (third-party). 10 minutes from creation or modification. It is used to differentiate between the different tracking objects created in the session. The cookie is created when the JavaScript library is loaded and there is no previous version of the _gat cookie. The cookie is updated every time you send the data to Google Analytics.

How to control cookies

By using this website, you agree that we may install cookies on your computer or computer, as explained above. However, you can control and manage cookies in different ways. Keep in mind that removing or blocking cookies has an effect on your user experience, and some parts of the site may no longer be fully accessible.

Browser controls

Most browsers allow you to see what cookies you have and delete them individually, or block cookies from a particular website or from all websites. Please note that any established preferences will be lost if all cookies are deleted, including the preferences to delete cookies, as this requires the installation of an opt-out cookie.

If you would like more information on how to modify your browser’s settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/.

How to manage analytical cookies

You can choose not to allow analytical cookies to record anonymous searches when browsing the Internet. We use the following service providers. If you want more information about their privacy policies and how to delete their cookies you can visit their website: Google Analytics: http://www.google.com/analytics/learn/privacy.html

Acceptance of the Cookies Policy

www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com assume that you accept the use of cookies. However, they show information about their Cookies Policies at the top of any page of the portal with each login in order for you to be aware.

Given this information it is possible to carry out the following actions:

  • Accept cookies. This warning will not be displayed again when accessing any portal page during this session.
  • The notice is hidden on this page
  • Modify your configuration. You can get more information about what cookies are, know the Cookies Policy of www.protecciondatos-lopd.com and modify the configuration of your browser

How to modify the configuration of cookies

Most browsers indicate how to set your browser to not accept cookies, to notify you each time you receive a new cookie, as well as to deactivate them completely. To control what use you want your information to be made, you can configure your terminal’s browser in the manner you deem most convenient for you.

In any case, we would like to point out that if the technical and / or operational cookies are deactivated, the quality of the web page may decrease or it may cost more to identify you.

4. Protection of the personal data of the users by CS

Please note that, according to the Organic Law 15/1999 of 13 of December on the Protection of Personal Data, and by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, personal data obtained by using the forms contained in this website, including those used for bookings, as well as your email address will be stored, undifinitely unless you request otherwise, in a file whose owner is Charming Stay S. L. This file is intended to manage personal data in order to inform you of the services offered by CS, analytics and statistics use as well as a proper provision for future service in the case of making bookings, including the way to contact you, as required by Law 12/1999 on Tourism of Andalusia. Due to operational and maintenance purposes, www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com and any third party services may collect files that record interaction with this application (System logs) or use for this purpose other Personal Data (such as IP Address). Likewise, the user, by accepting this clause, expressly consents recording of his person and his companions by the security cameras installed inside the facility during its future stay in case of booking. By reading the present clause users of this website declare having knowledge of the destination and use of the personal data collected. Use of this website implies the acceptance of the above clauses.

Users of online booking services offered through www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com provide their personal data (hereinafter, “personal data”) voluntarily and explicitly, and unconditionally accept that CS automatically process those personal data and include them in a file in order to provide offers of services. This file is the responsibility of CS and is registered with the competent authority.

Due to the characteristics of the activity and services of CS and for the perfect development and achievement of its objectives, it is necessary to transfer personal data to third parties. These assignments have as their sole purpose the correct provision of the services that CS offers.

The holders of the data have at all times the right to access the file, being able to exercise the rights of rectification, cancellation and opposition in the terms included in the data protection legislation. In the same way, the consent of the user for the treatment and transfer of his / her personal data will be revocable at any time without retroactive effects, in accordance with the provisions of articles 6 and 11 of the Organic Law 15/1999, of December 13, Protection of Personal Data.

You can exercise your right to access, rectification, cancellation, opposition or portability of this information by emailing lopd@charmingstay.es or by contacting us at Alameda Principal 33, 3º, 29001, Malaga. Do not hesitate to contact the AEPD in case you believe that your personal data is not being managed properly. CS guarantees that it has adopted the appropriate security measures in its facilities, systems and files. Likewise, CS guarantees the confidentiality of the Personal Data, although it will disclose to the competent public authorities the Personal Data and any other information that is in its power or is accessible through its systems and is required in accordance with the applicable legal and regulatory provisions. The users of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com guarantee and respond, in any case, of the veracity, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them updated.

CS services should not be used by minors and CS does not request or collect information related to minors. CS can collect information about the search habits of the users of www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com through cookies or log files. These elements are associated exclusively with a user and their PC. In such cases, CS will only use the data as a whole and in order to improve its services. CS may share this information with companies and their customers, but always globally and for statistical purposes only.

The electronic document with which the reservation is formalized is filed electronically during the period established by law. Clients can access the information by exercising their corresponding access rights in the manner indicated above.

Consultation operations on information related to user accounts and requests for services or products through the CS web pages are made through a secure server. The software of said server encodes the information entered by the user before transmitting it to CS. In addition, CS follows strict security procedures regarding the storage and disclosure of information to prevent unauthorized access, as detailed in the provisions of Article 9 of the Spanish Law 15/1999 of December 13, 1999, on the Protection of Personal Information, current in Spain.

 

5. Grounds for exclusion

 CS reserves the right to temporarily or permanently exclude users in any of the following situations:

  • Failure to comply with any of the General Conditions of Use established in this document.
  • Failure to comply with laws, morals, and public order.

The exclusion of the user will not suppose the resignation of CS to carry out the corresponding legal actions or the compensations that correspond in law.

6. Modification of the Rules of use

CS reserves the right to modify any of the terms and conditions of these Terms of Use, under the terms and conditions it deems appropriate, informing users of the modifications made through www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com.

7. Intellectual property and copyright

All the information contained in www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com, its graphic design and the code in HTML, JAVA, JAVA Script or Active X language, is protected by copyright or other rights of protection of intellectual property.

These rights belong exclusively to CS or its licensors. Internet users who access this website may view the information contained therein and make private downloads or reproductions on their computer system, provided that the elements reproduced are not subsequently transferred to third parties or are installed on a server connected to the Internet or a local network.

It is not allowed, without prejudice of the collected the present Norms of use, the distribution, modification, cession, public communication, reproductions or any other act of part or all of the information published in www.charmingstay.es, www.nonomalaga. com and www.villalorenamalaga.com, without prior authorization from CS.

The user must use the contents and information collected on www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com, diligently, correctly and lawfully, and specifically, only for personal and non-commercial use, always and when the content or any mention of sources, copyright and other data identifying rights of CS or third parties is not deleted or modified, that is, respecting its original form.

Any reproduction or copy, distribution or publication, of any kind, of the content of the information published on charmingstay.es without prior written authorization from CS is prohibited. Authorization for reproduction can be requested to the e-mail address lopd@charmingstay.es.

In the event that any user or third party considers that any of the existing content on the pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com has been entered in them with violation of copyright or other rights For protection of intellectual property, please inform CS of this circumstance, sending notification to the email address lopd@charmingstay.es, which includes, at least, the following points: a) Name, address, telephone number and address of e-mail of the claimant. b) Data of the owner of the copyright or other rights of protection of intellectual property that may have been infringed. c) Indication of the infringed contents and location on the pages www.charmingstay.es, www.nonomalaga.com and www.villalorenamalaga.com. d) Declaration that the introduction of the contents has been introduced without the express authorization of the owner of the copyright or other intellectual property rights. Notwithstanding the provisions of the preceding paragraphs, CS reserves the right to defend itself against claims based on current legislation on advertising and copyright or other intellectual property rights.

8. Exclusion of guarantees and liability

CS does not guarantee the reliability, availability or continuity of the operation of its website or the products or services made available to the user, so it excludes any liability that may be due to lack of availability, reliability or continuity of its website or of its services, although it will try to facilitate, to the extent of its possibilities, technical assistance to the affected person. Likewise, it will try to re-establish the interruption immediately and will make available to the user, within its possibilities, alternative measures.

CS is not obliged to control and does not control prior to the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of users or people visiting the pages, so it will not be liable for damages and damages of any nature that could derive from them.

CS does not obligate itself to control and does not previously control, approve or endorse the services, contents, data, files, products and any kind of existing material on the pages or web pages of third parties, so CS will not respond, under no circumstance, of the legality of the contents of your web page (s), being the exclusive responsibility of the third parties, for an enunciative and non-limiting reason, the respect of the legality, morality, good customs and public order, of the contents, as well as that those do not harm any rights of third parties.

CS is not obligated to control and does not control, nor does it guarantee the reliability, availability or continuity of the operation of the products or services made available to the user by third parties housed outside charmingstay.es, thus excluding any liability for damages and / or damages of any nature that may be due to the lack of availability, reliability or continuity of its website or its services. 12.7 the user will be liable for damages and / or damages of any nature that CS may suffer as a result of the breach by the user, the law or any of the general conditions contained in this agreement.

 

9. Safeguarding the Rules of Use

If one of the stipulations of the present Rules of use was declared null or inoperative, the rest of the Conditions will be maintained in the agreed terms. CS commit to replace the stipulation affected by the nullity approaching as much as possible to the intention initially pursued by the parties.

10. Applicable law and competent jurisdiction

Spanish Law governs these Rules of Use. CS and the users, for the resolution of any dispute that may arise, with respect to its validity, execution, compliance or resolution, total or partial, are submitted, expressly waiving their own jurisdiction or any other that, where appropriate, could correspond to the jurisdiction of the Courts and Tribunals of Malaga capital. This contract constitutes the full and complete expression of the agreement between CS and the user, and replaces all previous agreements, commitments, statements or agreements, both written and oral, that have existed previously between both parts.