GENERAL TERMS AND CONDITIONS OF NEOBOOKINGS

In compliance with current legislation on Personal Data Protection, we inform you that the personal data you provide by filling out the electronic registration form on this page will be collected in files whose controller is:

SOL BAY SL

Pursuant to the provisions of said legislation, the owner of the personal data may exercise their rights of access, rectification, deletion, opposition, restriction of processing, data portability, and not to be subject to automated individual decision-making, including profiling, by writing to:

SOL BAY SL Calle badajoz, 10 07829 Sant Agustí

or by email to e-mail: admin@solbay.es indicating "DATA PROTECTION" in the subject line.

Failure to enter the personal data marked as mandatory in the registration form may result in our inability to process your request.

We kindly ask you to immediately inform SOL BAY SL of any changes to your personal data so that the information contained in our files is always up to date and free of errors. Likewise, by accepting this legal notice, you acknowledge that the information and personal data collected are accurate and truthful.

The collection of your personal data is intended to maintain relationships arising from the provision of hotel and hospitality services and to send you advertisements of other products and services, notices and offers, and, in general, commercial information of interest from SOL BAY SL. The processing is lawful based on at least one of the following conditions:

The data subject has given consent for the processing of their personal data for one or more specific purposes;

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

Processing is necessary for compliance with a legal obligation to which the controller is subject.

We also inform you that our server may send a file ('cookie') to your computer, which will provide us with technical information about the selected language and other navigation options on the pages you visit through www.vagoibiza.com. In any case, you have the possibility of configuring your computer to reject the installation of these 'cookies'.

SOL BAY SL undertakes to treat your personal data with absolute confidentiality and to use them only for the purposes indicated.

We inform you that SOL BAY SL has adopted the legally required security measures in its facilities, systems, and files as mandated by data protection legislation. Furthermore, the controller guarantees the confidentiality of the personal data, although it will disclose them to the competent public authorities as well as any other information in its possession or accessible through its systems as legally required.

The data subject is, in any case, responsible for the truthfulness, accuracy, validity, authenticity, and relevance of the personal data provided.

Legal Information

In accordance with the provisions of Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, all our clients, users, and visitors are hereby informed of the legal information regarding the company owning the website located at the Internet address: www.vagoibiza.com

Company Name: SOL BAY SL
Registered Address: Calle badajoz, 10 07829 Sant Agustí
Tax ID Number (N.I.F.): B07148281

USER LIABILITY FOR THE USE OF THE COMPANY’s WEBSITE

USERS shall in no case modify or delete the COMPANY’s identification details. USERS may only access the services, materials and/or activities of the COMPANY’s WEBSITE through the means or procedures placed at their disposal for such purpose in the COMPANY’s WEBSITE itself or which are normally used on the Internet for such purpose, provided that they do not violate intellectual/industrial property rights or imply any kind of damage to the COMPANY’s WEBSITE or to its information or to the services offered.

USERS undertake to use the services, the information and materials of the COMPANY’s WEBSITE in accordance with the law and with these General Terms and Conditions. In no case shall the use of the COMPANY’s WEBSITE by USERS infringe the current legislation, morality, good practices and public order, and shall use the services, information and materials of the COMPANY’s WEBSITE in a correct and lawful manner at all times.

Likewise, the USER guarantees that it has the necessary representation capacity to act with respect to Neobookings on behalf of the company they represent, and to assume rights and obligations on behalf of said company, holding the Neobookings harmless and exempt from liability for any damages and losses caused by the cancellation or termination of the acts performed through the COMPANY’s WEBSITE.

The USER shall:

Provide the necessary data to sign up on the COMPANY’s WEBSITE and ensure the proper functioning thereof, as well as keeping said data updated, communicating any change therein in the shortest possible time.
Guarantee the authenticity of the data provided upon completing the necessary forms to subscribe to the services. Likewise, the USER and the supplier he or she represents shall be solely responsible for the damages and losses caused to Neobookings as a result of inaccurate or false statements.
Fulfil his or her commitments with respect to the information sent via the COMPANY’s WEBSITE. In the event that the USER or the supplier that he or she represents does not demonstrate the necessary commercial diligence or does not fulfil the obligations acquired, the COMPANY reserves the right to temporarily or permanently exclude them from the COMPANY’s WEBSITE.
Accept the Particular Terms and Conditions with respect to certain services, as determined in these General Terms and Conditions or, where applicable, in the Particular Terms and Conditions of said services.
Use the services, materials and/or activities of the COMPANY’s WEBSITE for exclusively professional use, within the scope of its activity.
Guarantee that the bookings and service proposals uploaded into the COMPANY’s WEBSITE are given the same consideration and validity as bookings and service proposals sent via traditional means.
Make proper and lawful use of the COMPANY’s WEBSITE, in accordance with current legislation, morality, good practices and public order.

Under no circumstances, USERS shall not perform the following activities:

Disseminate content or propaganda of a nature that is pornographic, obscene, denigratory or incites or promotes the commitment of criminal, violent, defamatory or degrading acts on the grounds of age, religion or beliefs; or that directly or indirectly encourages, promotes or incites terrorism or that is of a nature that is contrary to human rights and the basic rights and freedoms of third parties, to current legislation, morality, good practices and public order, or with injurious intentions that could in any manner prejudice, damage or prevent access thereto, to the detriment of the COMPANY or third parties.
Perform acts contrary to the intellectual and/or industrial property rights of their legitimate owners.
Cause damage to the COMPANY’s computer systems, those of its suppliers or third parties and/or introduce or disseminate computer viruses, malicious code or software or other type of systems that could cause damage or alterations in computer systems, or unauthorised alteration of the contents, programs or systems accessible through the materials or services of the COMPANY’s WEBSITE, or in the information systems, files and computer equipment of the USERS thereof, or the unauthorised access to any materials and services of the COMPANY’s WEBSITE.
Transmit advertising via any means, particularly via electronic messages, when the remittance of said advertising has not been authorised by the recipient.
Use the COMPANY’s WEBSITE, wholly or in part, to promote, sell, contract, disseminate proprietary or third-party advertising or information without the COMPANY’s prior written authorisation, in relation to products, services and/or activities other than those offered by the USER to the COMPANY, or include hyperlinks on their private or commercial websites to the COMPANY’s WEBSITE without the express authorisation of the COMPANY.
Use the services, materials and/or services offered through the COMPANY’s WEBSITE in a manner contrary to the General Terms and Conditions and/or Particular Terms and Conditions that control the use of a certain service and/or content, to the detriment of or undermining the rights of other users.
Delete or modify in any way the protection or identification devices of the COMPANY or its legitimate owners contained in the COMPANY’s WEBSITE, or the symbols, logos or trademarks that the COMPANY or third parties that legitimately own the rights thereto incorporate in their creation and may be subject to intellectual or industrial property.
Include, without the COMPANY’s prior written authorisation, “meta tags” corresponding to trademarks, logos, commercial names or distinctive signs property of the COMPANY or of any of the companies of Neobookings on web pages controlled or owned by unauthorised third parties. Or use trademarks, logos, commercial names or any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorisation of their legitimate owner.
Reproduce, wholly or in part, copy, distribute, rent, transform or grant public access to, through any public communication medium, the materials and information contained in the COMPANY’s WEBSITE, or include them in a different website without the COMPANY’s prior written authorisation.
Include, in a website owned or controlled by the COMPANY, a hyperlink that generates a window or session of the navigation software used by a USER of said website, in which proprietary trademarks, commercial names or distinctive signs are included and wherethrough the COMPANY’s WEBSITE is shown.

USERS shall be liable to the COMPANY, or third parties, for any damages or losses of any kind arising from the direct or indirect nonfulfillment of or noncompliance with these General Terms and Conditions. The COMPANY shall ensure compliance with the current legal system at all times and reserves the right to fully or partially refuse, at its sole discretion, at any time and without prior notice, access to any user to the COMPANY’s WEBSITE if one or several of the circumstances described in this clause are fulfilled.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All the materials, information and/or services contained in the COMPANY’s WEBSITE shall be subject to current intellectual and/or industrial property legislation. Rights over materials, services, events, and other elements displayed on the COMPANY’s WEBSITE (including, for merely illustrative and non-limiting purposes, drawings, texts, graphics, photographs, audio, video, software, distinctive signs, etc.) are the property of the COMPANY and, when applicable, of any of the companies forming part of Neobookings and/or, as the case may be, to third parties who have consented to the transfer thereof to the COMPANY or to Neobookings. Likewise, the COMPANY and, when applicable, Neobookings is the owner of the proprietary logos, commercial names, domains and trademarks. The materials, information and/or services uploaded into the COMPANY’s WEBSITE (photographs, audio, video, etc.) shall respect image and intellectual property rights (if any). The USER shall be solely responsible for any claim filed against the COMPANY as a result of the use and dissemination of said materials, information and/or services.

Access, navigation, use, uploading and/or downloading of materials and/or use of the services or activities contained in the COMPANY’s WEBSITE by the USER shall in no case be deemed to be a waiver, transmission, licence or total or partial transfer of the aforementioned rights by the COMPANY, and, when applicable, by Neobookings and/or, as the case may be, by the owner of the corresponding rights. Consequently, users shall not delete, ignore or manipulate the copyright warning and any other data identifying the rights of the COMPANY, Neobookings and/or its respective owners incorporated to the contents, services and/or activities, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein. In particular, the use of any materials or elements of the COMPANY’s WEBSITE for total or partial inclusion thereof in other websites outside of the COMPANY’s WEBSITE is strictly prohibited without the prior written authorisation of the owners of the COMPANY’s WEBSITE.

References to commercial or registered names and trademarks, logos or other distinctive signs, whether owned by the COMPANY, by Neobookings and/or third-party companies, is implicitly prohibited without the consent of the COMPANY, of Neobookings and/or their legitimate owners. In no case, unless expressly stated otherwise, shall the access to or use of the COMPANY’s WEBSITE confer any rights on the USER over the trademarks, logos and/or distinctive signs included therein and protected by law.

All intellectual and/or property rights are reserved and, in particular, modifying, fixing, copying, reusing, exploiting in any way, reproducing, transforming, dubbing, subtitling, transferring, selling, renting, lending, publishing, making second or subsequent publications, uploading files, sending by email, transmitting, using, processing or distributing in any way all or part of the contents, elements and products, where applicable, included in the COMPANY’s WEBSITE for public or commercial purposes other than those that are the object of the provision by the USER to the COMPANY is strictly prohibited without the express written authorisation of the COMPANY or, as the case may be, the corresponding rights owner. If the action or omission, fault or negligence directly or indirectly attributable to the COMPANY’s WEBSITE USER that gives rise to the infringement of the intellectual and industrial property rights of the COMPANY, Neobookings and/or third parties, gives rise to damage, losses, joint and several obligations, costs of any nature, penalties, coercive measures, fines and other amounts arising from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, the COMPANY or, when applicable, Neobookings shall be entitled to bring legal action against said user and claim any indemnity amounts, moral damages or damage to its reputation, consequential damages and loss of profit, advertising or any other costs by way of compensation, arising from penalties or judgments, late payment interests, cost of financing the total sum of the damages caused to the COMPANY, Neobookings and/or third parties, legal and defence costs (including prosecutors and lawyers) in any proceedings in which the COMPANY and/or Neobookings is sued for the previously expounded reasons, for the damages and losses arising from wrongful action or omission, notwithstanding the right to take any other action to which the COMPANY is entitled. Any claims that could be filed by the USER in relation to possible infringements of the intellectual or industrial property rights relating to the COMPANY, Neobookings and/or third parties who have consented to the transfer thereof to the COMPANY or to Neobookings, shall be addressed to the COMPANY’s Legal Advisory Department, located for this purposes at Avenida Ocho de Agosto nº 27, 07800, Ibiza, Islas Baleares (Spain).

INFORMATION AND ELEMENTS OF THE COMPANY’s WEBSITE

Company’s corporate information

The USER is aware of and accepts that any data relating to the COMPANY, to Neobookings or to any of the companies comprising said business group of an economic, financial and/or strategic nature (hereinafter, “Corporate Information“) is provided solely for information purposes. The Corporate Information has been obtained from reliable sources. However, despite having taken reasonable measures to ensure that said information is truthful, actual and can reveal the COMPANY’s corporate results, the COMPANY does not declare or guarantee that it is accurate, comprehensive or updated, and should not be relied upon in absolute terms. The Corporate Information that can be found in the COMPANY’s WEBSITE does not imply any kind of recommendation or investment and shall not be considered as such, or financial assessment of any kind, and no part of its content shall be taken as a basis for carrying out investments or making corporate decisions of any kind.

Information provided or published by USERS and/or third parties

The COMPANY’s WEBSITE may include information or contents provided by sources other than the COMPANY, including information provided by the USERS of the COMPANY’s WEBSITE themselves. The COMPANY does not guarantee or assume any responsibility for the accuracy, integrity or exactness of such information and/or contents.

USERS shall not introduce, store or disseminate, through the COMPANY’s WEBSITE, any content or material that infringes intellectual or industrial property rights or, in general, any content which they do not have the right, pursuant to law, to reproduce, distribute, adapt, copy, fix or make it available to third parties. Information shall be understood to be elements or contents received by the USER in the COMPANY’s WEBSITE, those received by any means, whether comments, suggestions or ideas, including those containing videos, texts, photographs, images, audio, software, etc. Said contents shall be considered to be transferred to the COMPANY free of charge, for the maximum time allowed and for everyone, and can be updated by the COMPANY within the limits established by the applicable legislation, there being no applicable obligation of confidentiality in relation to said contents or information, except the USER’S proprietary information or its supplier’s proprietary information. The authorisation for the COMPANY to use the USER’S brand image, without compensation, for commercial purposes is understood to be included in this transfer.

Due to the large amount of material that can be housed in the COMPANY’s WEBSITE, it is impossible for the COMPANY to verify the originality or non-infringement of third-party rights over the contents supplied by the USER, who shall be ultimately responsible for all the effects of the infringements that could eventually be committed as a result of supplying said information.

The COMPANY may modify the materials supplied by the USERS in order to adapt them to the formatting requirements of the COMPANY’s WEBSITE.

The COMPANY is not responsible for the use made by the USER of the contents housed in the COMPANY’s WEBSITE. Neither will it be responsible for controlling whether the contents infringe or do not infringe the rights mentioned in the preceding paragraphs.

LINKS OR HYPERLINKS TO THE COMPANY’s WEBSITE

Those USERS who wish to introduce links or hyperlinks from their own website to the COMPANY’s WEBSITE shall fulfil the terms and conditions set out below, the ignorance of which does not exempt the USERS from fulfilling the legal obligations arising therefrom:

The link or hyperlink shall only provide a link to the homepage or main page of the COMPANY’s WEBSITE, whereas it shall not reproduce it in any way (online, links, deep links, browser or border environment, copy of texts, graphics, etc.).
The establishment of frames of any kind that wrap the COMPANY’s WEBSITE or allow the visualisation of part or all of the COMPANY’s WEBSITE through Internet addresses other than that of the COMPANY’s WEBSITE and, in any case, that allow the visualisation of elements of the COMPANY’s WEBSITE jointly with contents outside of the COMPANY’s WEBSITE, in such a manner as to: (i) induce or be susceptible to error, confusion or deceit of the users about the truthfulness of the origin of the elements displayed or the services used; (ii) represent an act of disloyal comparison or imitation; (iii) serve to take advantage of the COMPANY’s trademark and prestige and/or, when applicable, of Neobookings’s trademark and prestige; or (iv) in any other way, be prohibited by current legislation.
The page housing the link shall not carry out any type of false, inaccurate or incorrect manifestations about the COMPANY, its employees, clients or about the quality of the services it renders.
In no case shall the page housing the link suggest or state that the COMPANY has given its consent for inserting the link or otherwise sponsors, collaborates, verifies or supervises the publisher’s services.
The use of any pictorial or mixed trademark or any other distinctive sign of the COMPANY on the publisher’s website is prohibited except in the cases envisaged by law or expressly authorised by the COMPANY and provided that, in these cases, a direct link with the COMPANY’s WEBSITE is permitted in the manner established in this clause.
The page establishing the link must faithfully comply with the law and cannot in any case lint to contents of its own or of third parties that:
1. are illegal, harmful or immoral and indecent (including for example, but not limited to pornography, violent, racist, etc.);
2. induce or may induce in the user a false conception that the COMPANY subscribes, backs or adheres or in any supports the publisher’s ideas, manifestations or expressions, whether legal or illegal; and (iii) may be inappropriate or irrelevant to the COMPANY’s activity regarding the place, contents and subject matter of the publisher’s website.
The authorisation to insert a link or hyperlink does not imply, in any case, the COMPANY’s consent to reproduce the visual and functional aspects of the COMPANY’s WEBSITE and/or contents. In particular, the authorisation to insert hyperlinks in the COMPANY’s WEBSITE shall be subject to the respect for human dignity and freedom. The website in which the hyperlink is established shall not contain unlawful information or content contrary to morality and good practices and to public order, neither shall it contain content contrary to any third-party rights.
The establishment of the link does not imply, in any case, the existence of a relationship between the COMPANY and the owner of the page in which it is established, nor the COMPANY’s acceptance and approval of the contents or services offered therein and made available to the public. The COMPANY and/or Neobookings may request, at any time and without need to justify said request, the elimination of any link or hyperlink to the COMPANY’s WEBSITE, whereupon the website owner publishing the link to eliminate it immediately.

USE OF COOKIES

The COMPANY uses cookies to customise user navigation through its COMPANY’s WEBSITE. Cookies are files sent by a browser by means of a web server for maintaining the browsing session, storing their IP address (of their computer) and other possible navigation data. Beacons are electronic images that allow the COMPANY’s WEBSITE to count the number of visitors and USERS who have logged into the COMPANY’s WEBSITE and access certain cookies. These cookies allow the COMPANY’s server to recognize the browser of the USER’S computer for the purpose of facilitating navigation and measuring the number of hits and traffic parameters (by means of beacons), and controlling the progress and number of logins, by using the information contained in the cookies in an unrelated manner with respect to any other existing user data. For further information on cookies, please read the COMPANY’s Privacy Policy and the COMPANY’s Cookies Policy available at the COMPANY’s WEBSITE.

WARRANTIES

The COMPANY declares that it has adopted all the necessary means, within the scope of its possibilities and the current state of the art, to guarantee the proper functioning of the COMPANY’s WEBSITE and to avoid the existence and transmission of viruses and other harmful or malicious components to USERS. If the USER is aware of the existence of any unlawful or illegal content, contrary to copyright laws or which infringes intellectual and/or industrial property rights, he or she shall notify the COMPANY or to Neobookings immediately so that it may adopt the relevant measures.

LIABILITIES

The COMPANY and, when applicable, Neobookings are released from all liability for damages and losses of any kind and nature in the following cases:

Impossibility or difficulty in the connection used to access the COMPANY’s WEBSITE, service interruptions, delays, errors and malfunctions thereof, regardless of the type of connection or technical means used by the USER.
Interruption, suspension or cancellation of the access to the COMPANY’s WEBSITE and for the availability and continued operation of the COMPANY’s WEBSITE or of the services and/or elements thereof, due to the interruption of the technical maintenance service of COMPANY’s WEBSITE or for causes beyond the COMPANY’s control or due to the services of the information service providers.
Malicious or negligent actions of the USER or due to force majeure and any other causes beyond the COMPANY’s control.
Specialised attacks by so-called “hackers” or third parties to the security or integrity of the computer system, provided that the COMPANY has adopted all the existing security measures within its technical possibilities.
Damages or losses caused to the information, contents, products and services provided, communicated, housed, transmitted, displayed or offered by third parties external to the COMPANY, including information society service providers, through a website which can be accessed through a link provided on this site.
Any loss or damage to the USER’S software or hardware arising from the access to the COMPANY’s WEBSITE or from the use of the information or elements contained therein.
Suitability, reliability, availability, timeliness or accuracy of the information or services contained in the COMPANY’s WEBSITE, or the direct or indirect damages caused in relation to the use of the information or elements contained therein.
Processing and subsequent use of personal data carried out by third parties external to the COMPANY, as well as the ownership of the information requested by said third parties.

The USERS of the COMPANY’s WEBSITE shall be personally liable for the damages and losses of any nature caused to the COMPANY or to Neobookings, directly or indirectly, as a result of the nonfulfillment of any of the obligations arising from these General Terms and Conditions. In any case, regardless of the cause, the COMPANY shall not assume any responsibility whatsoever, whether for direct or indirect damages, consequential damages and loss of profit. The USER shall be solely responsible for the infringements incurred or the damages he or she causes to the COMPANY’s WEBSITE, which is exonerated from any liability. The USER is solely responsible for any claim or legal, court or out-of-court proceedings initiated by third parties against the COMPANY, Neobookings or against the USER on the grounds of the use of the service or for the information sent to the COMPANY by any means. The USER assumes all the expenses, costs and indemnities incurred by the COMPANY arising from such claims or legal actions.

The COMPANY places a series of links, banners or other type of links that could give the USER access to third-party websites at the user’s disposal.

Access to other third-party websites through said connections or links shall be provided under the USERS’ sole responsibility. The COMPANY shall not be responsible, in any case, for the damages or losses arising from said use or activities.

In relation to responsibility for content, the COMPANY and/or Neobookings shall never be responsible in the following cases:

For the damages or losses caused by the information, contents, products and services provided, communicated, housed, transmitted, displayed or offered by third parties external to the COMPANY, including information society service providers, through a website that can be accessed via a link on that site.
For any damage or loss in the user’s software or hardware arising from the access to the COMPANY’s WEBSITE or from the use of the information or applications contained therein.
For the suitability, reliability, availability, timeliness or accuracy of the information or services of the COMPANY’s WEBSITE, or for the direct or indirect damages related to the use of the information or applications contained therein.

The COMPANY publishes its contents in Spain. Given the “non-territorial” nature of Internet connections, the COMPANY does not guarantee the suitability or availability of the COMPANY’s WEBSITE outside Spain. Should any or all of the contents or elements housed in the COMPANY’s WEBSITE be considered illegal in other countries, access thereto and use thereof by the USERS is prohibited and, in the event that these occur, shall be exclusively under the USERS’ responsibility, whereupon the USERS undertake to fulfil and comply with the applicable laws of these countries.

MISCELLANEA

The access to, contents and services offered through the COMPANY’s WEBSITE are initially indefinite, unless established otherwise in the General Terms and Conditions or the legislation applicable at any given time. However, the COMPANY reserves, without need for advanced notice and at any time, the right to suspend, refuse or temporarily or definitively restrict access to the COMPANY’s WEBSITE, to make the changes and amendments it deems relevant to the COMPANY’s WEBSITE, services, material, activities or information offered, to the presentation or location thereof and to the General Terms and Conditions without having to indemnify the USER in any way.

Any clause or provision of these General Terms and Conditions that is or is deemed to be illegal, invalid or unenforceable shall be excluded and replaced by another similar one, without affecting or altering the other provisions, which shall not be affected by any illegal, invalid or unenforceable clause or provision, but rather shall be completely valid. The COMPANY excludes any type of warranty and, therefore, is released from all liability arising from the preceding points and from other aspects that may not be envisaged herein.

All the information received in the COMPANY’s WEBSITE shall be deemed to be transferred to the COMPANY free of charge. Email or electronic mail shall not be deemed to be a valid means for filing content-related claims. For such purpose, users shall write to the COMPANY’s Legal Advisory Department, located for this purposes at Avenida Ocho de Agosto nº 27, 07800, Ibiza, Islas Baleares (Spain), which will indicate the procedure to be followed.

These General Terms and Conditions are governed by Spanish law.

The parties freely subject themselves, for conflict resolution and waivi