LEGAL AND PRIVACY TERMS AND CONDITIONS
TAIWAN TRADE INVESTMENT S.L
(hereinafter ACV ALQUILERES EN CIUDAD DE VACACIONES, registered trademark) is a trading company whose registered office is in Alcorcón, Madrid, C/.Pintores 2, D102.3, 28923 and contact e-mail address firstname.lastname@example.org . Its C.I.F. number is B85844033.
ACV is a marketplace that aims to provide parties with a secure web platform for the rental of homes on a daily or weekly basis. Security is the core element of the service offered by ACV.
ACV Holiday City Rentals is a private service (hereinafter also referred to as the “Service”) that provides a space on the Internet (hereinafter referred to as the “Website”) through which property owners or authorised professionals can display their flats for rent and those interested in renting a property can contact them to arrange a rental (property owners, professionals and tenants will be referred to as “Users” in these terms and conditions unless it is specified that any of these terms and conditions only affect one group). The ACV private social platform is managed by TAIWAN TRADE INVESTMENT S.L (hereinafter referred to as “ACV” or “we” or “us”).
These Legal Conditions regulate access to and use of the Service and Website hosted under the domain name www.ciudadevacaciones.com, as well as all content displayed or made available to Users by us or by other users. By registering on this Website you declare that you have read and agree to comply with all the provisions of these Legal Conditions.
These Legal Conditions may be supplemented by ACV through specific conditions governing the use of certain services or products that may be offered on the Website, which must be expressly accepted in each case.
The collection and processing of your personal data as well as the exercise of your rights over such data shall be governed by these Legal Conditions and the Privacy and Data Protection Policy.
ACCESS TO THE SERVICE
ACCESS TO THE SERVICE IS PROHIBITED TO THOSE UNDER 18 YEARS OF AGE. When you register with ACV you are asked to declare that you are over 18 years of age and you take full responsibility for this declaration.
The ACV team may contact you at any time to ask you to prove your real age by providing us with a photocopy of your ID card or an equivalent document. If you do not provide us with this information within the period we tell you, ACV reserves the right to block or cancel your profile.
The data from the ID card or document provided will be used solely and exclusively by authorised ACV staff to carry out this identification task; under no circumstances will it be used for any other purpose.
If we are informed that a person under 18 years of age is registered as a User on ACV, we will take the necessary measures and may delete or block the User profile.
We ask you to notify us immediately of any abuse or violation of these conditions that you detect and, in particular, those that affect the use of the Website by minors, by sending an email to email@example.com.
YOU EXPRESSLY ACCEPT THAT THE ACV SERVICE IS OFFERED EXCLUSIVELY FOR YOUR PERSONAL USE, AND YOU MAY NOT USE IT FOR ANY ECONOMIC OR COMMERCIAL PURPOSE WITHOUT PRIOR AUTHORISATION FROM ACV.
Without prejudice to the PROFESSIONAL profile enabled for this purpose by ACV and the advertising, communication or sponsorship tools that ACV may make available to you, legal entities – whether companies, associations or any other type of entity – are prohibited from using the Profile for commercial, advertising, promotional purposes or for the performance of any activity with an economic purpose without prior authorisation from ACV.
You are obliged to make reasonable use of the Service and the website and its contents, according to the possibilities and purposes for which it is designed: to serve as a forum for communication between tenants, landlords, professionals with the intention of renting the properties displayed.
In relation to the Service, ACV acts as a mere intermediary that makes its Website available to you, assuming solely and exclusively the responsibility derived from the diligence that may be required by law. ACV shall not assume any liability, whether direct or indirect, arising from your use of the Service, the website or the content located therein.
ACV will use reasonable efforts to monitor the legality of content, opinions and other information communicated through the Service and posted on the Website by, for example, making available to visitors to the Website useful and quick tools for reporting content. However, regardless of the fact that we try to control what is published so that these conditions are not breached, you will be solely responsible for the information, opinions, allusions or content of any kind that you communicate, host, transmit, make available or display through the Website; and, in particular, you will be solely responsible for the maintenance of your profile, and for the information, images, opinions, allusions or content of any kind that you communicate, host, transmit, make available or display on your profile.
In particular, ACV cannot be held editorially responsible, and we expressly declare that we do not identify ourselves with any opinions that ACV users may issue through the Service, for the consequences of which the issuer of such opinions is entirely responsible.
ACV may limit access to the Service of opinions, information or comments that you, as a user of ACV, send us, having automatic and manual filters for this purpose. The above does not imply, in any way, that ACV will control the content that may be disseminated through the Service at all times and 24 hours a day, but rather that ACV intends to avoid, as far as possible, that content or opinions that may be considered defamatory, racist, sexist, xenophobic, discriminatory, pornographic, violent or in any way contrary to morality, public order or decency, or which are clearly illicit, illegal or outside the purpose of this Service, may be disseminated on the Internet through ACV.
IT IS PROHIBITED and, therefore, its consequences will be your sole responsibility, to access or use the Service for illegal or unauthorised purposes, with or without economic purpose, and, more specifically and without the following list being absolute, it is prohibited:
Hosting, storing, disseminating, publishing, distributing or sharing any content that may be considered as a violation in any way of the fundamental rights to honour, image and personal and family privacy of third parties and, in particular, of minors.
If in the future the Website so permits, to host, store, disclose, publish, distribute or share images or photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners and/or having followed the protocol accepted by ACV.
Hosting, storing, storing, disclosing, publishing, distributing or sharing any content that violates the secrecy of communications, the infringement of industrial and intellectual property rights or the rules governing the protection of personal data.
Host, store, divulge, publish, distribute or share any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality, public order or the purpose of the Website.
Use the service to slander, defame, libel, defame, intimidate or harass other users.
Use the Website or any of ACV’s services, in general, in any other way that could damage, overload or harm the Service or the Website.
Introduce computer viruses, defective files, or host, store, distribute or share any other material or software that may cause damage or alterations to the contents, programs or systems of ACV or have the purpose of spying on users.
Use the Service to send advertising or commercial communications, to send messages for advertising purposes or to collect data for the same purpose.
Use the Service, regardless of its purpose, to send unsolicited mass and/or repetitive e-mails or messages to a number of people, or to send e-mail addresses of third parties without their consent.
Unless expressly permitted by ACV, to register and use the profile for economic, commercial or advertising purposes.
Urge, request or ask other users, through the ACV Service, for personal data or request passwords or data of a personal nature.
Create a false identity, provide and/or use false data in the profile, make false statements, provide false information about yourself and other people and, in general, any other form of use of other people’s identities and, in particular, impersonation.
The commission of any of the above behaviours by you, with or without financial consideration, will allow ACV – depending on the seriousness and at its sole discretion – to suspend or cancel your profile immediately and, where appropriate, to remove content from profiles that violate this catalogue of prohibitions.
In application of this, ACV may suspend or terminate your profile automatically with prior notice and, in no case, such suspension or termination shall entitle you to any compensation whatsoever.
ACV may store the IP addresses of users on an occasional or systematic basis, whenever it deems appropriate, such addresses being used exclusively for the purposes set out in the following paragraph.
To all these effects, we inform you that ACV will always collaborate with the competent police and judicial authorities, actively and with all possible forcefulness, if it detects any infringement of current legislation or if it has suspicion of a crime.
INTELLECTUAL AND INDUSTRIAL PROPERTY OF THE SERVICE
You may not, under any circumstances, exploit or use commercially, directly or indirectly, in whole or in part, any of the content (images, texts, designs, indexes, forms, etc.) that make up the Website without the prior written authorisation of ACV. In the event that you violate this license, ACV will cancel your profile, without prejudice to any other legal consequences that may arise from such violation.
CONTENTS OF USER PROFILES
The above licence will be terminated once you delete your content from the Service or unsubscribe from your profile. Thereafter, ACV will discontinue communication of your content as soon as possible.
ACV may store the information once the account has been cancelled if a rental contract has been concluded through the website and the contract is still in force or if there are legal obligations arising from the rental.
In relation to the content that you publish on the Service, you guarantee:
That you are the owner or the holder of the intellectual property right over what you publish to the extent that it allows you to grant ACV the licence to publish it.
That the aforementioned content does not violate applicable laws, such as those relating to the right to privacy, image and/or honour, intellectual or industrial property rights or similar or any right of a third party, whether a person or an entity.
Therefore, you will hold ACV harmless against any lawsuit or claim brought by a third party in relation to any legitimate right to the content that you have posted on the Service.
OBLIGATIONS SPECIFIC TO VACATION RENTALS
Guest: The person who makes the reservation for the purpose of using the selected property for the stipulated days.
Host: The person responsible for offering the property and who makes it available to the guest, who can be of three types: owner, professional or sub-lessor.
Owner: The owner of the property offered.
Professional: A professional in the sector who offers the property on behalf of the owner.
Sublessor: This is the person who lives in the property and offers it with the consent of the owner.
Reservation: This is the total amount of the stay in the property.
Deposit: This is the amount requested by the host as a guarantee in case of damage to the property or damage to third parties.
Booking process of a holiday home:
The full amount of the stay will be paid by the guest through the ACV.com website, including the management fees.
The host must accept the reservation for it to be confirmed.
ACV will not charge the reservation until the host has not accepted it.
ACV will pay the total amount of the booking minus the determined commission to the host 72h after the 1st day of the stay.
The aim of the cancellation and refund policy is that hosts, owners, professionals and guests feel fully protected and are clear about the conditions of each property in case of cancellation of the booking.
ACV is in charge of negotiating the best conditions in cancellation policy with each of our owners in order to obtain the least restrictive conditions for our guests.
To find out the cancellation policy applied to each property, you will have to access each property’s file and consult the Cancellation Policy section.
If a requested booking is cancelled because it has not been confirmed by the host, all amounts charged by ACV will be refunded to the guest, and any pre-authorisation of the guest’s credit card will be released, if applicable.
It is noted that in case of RESERVATION of a flat or room, ACV will not charge if the owner or professional has not previously accepted the reservation, so that in case of non-acceptance of a reservation there is not properly a refund of the amount booked but the charge is not executed.
ACV will refund the amounts charged to the client during the process of RESERVATION of a flat or room if for reasons attributable to ACV can not make the reservation
If the host does not offer the contracted service, the full amount will be refunded to the customer.
In case of complaint by any of the parties involved, it must be communicated to ACV within 24 hours after arrival.
The parties appoint ACV as arbitrator in any disputes that may arise between them.
The cancellation or partial execution of an already confirmed reservation by the host will result in the request for compensation of the commission that ACV had to receive from the host and possible compensation for damages if they have been given.
SPECIFIC OBLIGATIONS FOR THE OWNER, SUBLETTER OR HOLIDAY FLAT PROFESSIONAL
It shall be the obligation of the host who rents a holiday flat to have the relevant licence in force for such use according to the regulations corresponding to the place where the property is located.
Once a booking notification has been received, the landlord or owner has 24 hours to confirm the booking.
The host appoints ACV as payment agent.
In the event that the host has requested a deposit to the guest, the management of its collection will be carried out by the host himself, ACV not intervening in this action.
The cancellation or partial execution of an already confirmed reservation may involve a request for equivalent compensation by ACV.
In the event that the host is a sub-lessor or professional, must have the authorization of the owner for the intended lease.
The host must return the security deposit to the guest at the end of the stay if no damage has been caused to the accommodation or to third parties through the fault of the guest. If any amounts are to be deducted, the host must clearly and explicitly inform the guest of the amount deducted and the reason for the deduction.
The host is obliged to provide an adequate service in accordance with the advertisement and the rules of good faith. ACV.com reserves the right to cancel any advertisement or booking in the event of justified complaints from guests. In this case the host is not entitled to reimbursement for future bookings where the service has not yet been provided.
SPECIFIC OBLIGATIONS OF THE GUEST
In order to enter the flat it is essential to have paid the booking fee in advance.
It is the guest’s obligation to pay the security deposit on arrival at the flat if it has been requested by the host.
The guest must make proper use of the flat and comply with the House Rules marked on the website.
LIABILITY FOR DAMAGE CAUSED DURING THE STAY AND DISPUTES BETWEEN THE PARTIES
ACV is not responsible for any damage or injury caused during the rental of the property, being the responsibility of the person who causes it, and any claim should be directed against the person responsible.
In the event of a complaint by any of the parties involved, they will resolve the problem between them. However, it is the obligation of the parties to notify ACV of any complaint that arises within 24 hours of the event giving rise to it in order to be able to act as arbitrator and help to resolve the problem if both parties so wish.
SPECIFIC OBLIGATIONS OF THE OWNER
The owner who makes use of the service in addition to all the mentions made in these legal bases specifically must:
Provide all the information truthfully, being the legitimate owner to rent the property.
Not offer the property for rent for less than the amount advertised on the website in any other medium.
To respect the discount selected for renting the flat in the conditions of its publication until 6 months have elapsed since its publication.
SPECIFIC OBLIGATIONS OF THE LESSEE
The tenant who makes use of the service in addition to all the mentions made in these legal bases must specifically:
Provide all data truthfully.
Provide the economic data and documents required to study their solvency.
SPECIFIC OBLIGATIONS OF THE PROFESSIONAL
The professional who makes use of the service in addition to all the mentions made in these legal bases must specifically:
Provide all the data truthfully, accrediting in a reliable manner that he/she is acting under the consent and representation of the owner of the flat.
Respect the discount selected for renting the flat in the conditions of its publication until 6 months have elapsed since its publication.
SPECIFIC OBLIGATIONS OF THE LESSOR OF A ROOM
The room lessor, in the event that he/she is not the owner of the flat in which the room is rented, guarantees that he/she has the express authorisation of the owner to sublet said room individually, exonerating ACV from any question related to said circumstance.
SPECIFIC OBLIGATIONS OF THE LESSOR OF A HOLIDAY FLAT
It shall be the obligation of the owner or professional who rents a holiday flat to have the relevant licence in force for such use according to the corresponding ordinances.
SPECIFIC OBLIGATIONS FOR THE RENTAL OF HOLIDAY FLATS
It shall be the obligation of the owner or professional who rents a holiday flat to have the relevant licence in force for such use according to the corresponding regulations. In the process of publication of the property you will find a field to incorporate the tourist licence number. It is compulsory to fill in this field and to have the corresponding tourist licence.
The lessor appoints ACV as payment agent.
It is the guest’s obligation to pay the security deposit on arrival at the flat.
– The ADVERTISER is responsible for the proper compliance of the offered property with the applicable regulations for the intended use. It is the obligation of the professional who rents a holiday home to have the relevant licenses and authorisations in force for such use according to the corresponding ordinances.
– The reservation is considered confirmed when the ADVERTISER expressly confirms it. The ADVERTISER has 24 hours to confirm the reservation. It should be noted that in the case of a RESERVATION of a property, ACV will not make the charge if the professional has not previously accepted the reservation.
-The cancellation or partial execution of an already confirmed booking by the ADVERTISER may lead to ACV requesting an equivalent compensation from the ADVERTISER.
-TAIWAN TRADE INVESTMENT, SL is not responsible for any damage or harm caused during the rental of a property. By using the website or the services, the advertiser agrees that any legal remedy or liability it seeks to obtain on account of actions or omissions of other members or third parties shall be limited to a claim against the particular members or third parties causing the damage and the advertiser agrees, that it will not attempt to impose liability on ACV, or seek any legal remedy from ACV in respect of such actions or omissions.
In the event of a complaint by any of the parties involved, they will resolve the issue between themselves. ACV may act as an intermediary and help to resolve the problem.
NOTIFICATION OF INFRINGEMENT OF RIGHTS
Identification of the content or personal data or protected right that has been infringed.
Identification of the aforementioned content in such a way that ACV can locate it within the Service.
Sufficient identification so that ACV can contact the claimant: e-mail and telephone number.
Copy of your ID card, passport or similar official document that allows your identification.
The use of the automatic tools or manual tools for immediate reporting of content made available to users will legitimise ACV to remove such content, either temporarily or permanently, if it deems such reports to be valid. The user whose content has been removed may contact ACV in order to reinstate such content, having the right and the obligation to provide any documentation ACV deems necessary to reach the conviction that such content is appropriate, does not infringe any of the Legal Conditions and may appear on the Website.
In no case shall the user have the right to have his/her content always, fully and indefinitely published on the Website, and ACV does not assume any obligation in this respect.
LIABILITY FOR INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other ACV users. We do not control your relationships, what we do recommend is that if someone harasses, annoys or intimidates you using the Website, you should report it to us immediately so that we can take appropriate action.
You acknowledge and accept that there may be advertising on the Website and that, therefore, from your profile you will be able to access advertising that third party companies and professionals contract with ACV. ACV will only use your email address to recommend certain proposals that are related to your interest.
INVITATIONS, PASSWORD RECOVERY AND OTHER NOTIFICATIONS
ACV will use your email address to confirm registration, changes to your profile, messages sent or received, etc. You will always have full control over whether or not you receive such notifications from the “user” part of the Website.
USE OF LINKS
The use of any technical, logical or technological resources by virtue of which anyone, ACV user or not, can benefit, directly or indirectly, with or without profit, from the profiles and contents of the website is prohibited.
ACV will prosecute the use of links, framing or similar links that redirect from third party sites to specific content of ACV users and/or ACV profiles, provided that the link of these characteristics could violate the rights to privacy, honor and self-image of its users, in which case ACV will be fully entitled to act to remove the link and, where appropriate, bring it to the attention of the competent authorities.
When ACV replaces or modifies the Legal Conditions or the Privacy and Data Protection Policy, we will notify you by e-mail to your registered account and if, once we have informed you, you continue to use the Service, we will understand that you have accepted the modifications introduced. If you do not agree with the modifications made, you may unsubscribe from the Service by following the procedure provided for this purpose in the email itself.
APPLICABLE LAW AND JURISDICTION
Current legislation shall determine the laws that shall govern and the jurisdiction that shall be responsible for the relations between ACV and the users of the Website. Nevertheless, in those cases in which the current legislation foresees the possibility for the parties to submit to a specific jurisdiction (and provided that one of the parties is not a consumer), ACV and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Alcorcón, Madrid.
PRIVACY AND PERSONAL DATA PROTECTION POLICY
In order to become a User of ACV and have your profile on it, it is necessary that you read our Personal Data Protection Policy and give us your consent through the box that appears on this registration form so that we can process your data.
Access to the Service necessarily implies that you must provide ACV with a series of personal data and, therefore, consent to our Privacy and Data Protection Policy. It is forbidden to provide false data, therefore, you must always identify yourself with your real name and correct data. If ACV detects false or incorrect data in the profiles, it may cancel it, in accordance with the provisions of these Legal Conditions.
The data you provide must be kept up to date at all times.
Access to the Service and the use of the profile implies your commitment and obligation to make correct use of the same, subject to these conditions and the current legislation, whether national or international, as well as the principles of good faith, morality and public order, and with the commitment to diligently observe any additional instructions that, in relation to the use and access that you make, ACV may make to you. You are responsible for your use of the profile.
DECLARATION OF AUTHENTICITY IN THE IDENTIFICATION
ACV holiday rentals is a social network, a private platform, which facilitates communication between tenants, landlords, professionals and other people interested in the world of property rentals between private individuals.
Having a profile on ACV means that you have to be yourself at all times and that you cannot impersonate anyone. You must be totally responsible and you must enter your real and truthful details. ACV will try to check the veracity of your data, and we reserve, without prejudice to other actions, the right not to register you or to cancel your registration if the data you have provided are false or incomplete. The obligation to have a real profile is essential in ACV. We also inform you that in ACV, as a private service, we reserve the right of admission, having the power to unilaterally cancel comments that do not seem appropriate for their content in relation to the Service, and even block Users who persist in such comments, after being warned of it.
LEVELS OF PRIVACY
In general, all content that you post on ACV is public. At the same time, ACV will keep your personal e-mail address and the data relating to the contracting of the flat (rent, ID and bank details) completely confidential.
TREATMENT OF PERSONAL DATA AND PUBLICITY
The personal data that you provide in the registration process to ACV are included in the Users database of which we have informed the Spanish Data Protection Agency.
For your information, the Spanish Data Protection Agency is an entity that is responsible for ensuring compliance with the laws that protect personal data and guarantee the security and privacy of data. You can obtain more information from the Agency at www.agpd.es.
If we collect and process your data, it is in order to identify you as an ACV User, to give you access to ACV and to provide you with all the facilities and applications. In addition, we will keep you informed through the network itself or by email of all the news that arise about ACV, new products and services that we launch, and we will ask you to give us your opinion through satisfaction surveys. We may also use your email address to invite you to sponsored events. These events are activities sponsored by a company or group with which ACV collaborates and in which, if you are interested, you can participate. ACV undertakes not to pass on your details to any third party unless this is necessary for the provision of the service (e.g. counterpart in the contract or insurance company).
The data we ask you to register are those necessary to be able to provide the service, with an asterisk indicating the obligatory ones, without which we will not be able to register you. And then the necessary data for the contracting of the service once you are in the rental process.
As a User of ACV, and regardless of what you stated at the time of registration, you always have the right to access your personal data to know how we process them and for what purpose and to tell us if you object to us using your data for a specific activity. In addition, you can rectify your data if you see that they are not correct (you should always rectify them if they change) and you can even ask us to cancel them if you do not want to be an ACV User.
To do so, you will have to contact us by sending an email to firstname.lastname@example.org or by letter to the address shown in the heading. Please note that in order to do any of the actions that we have indicated we will ask you for your ID card or other document that identifies you to ensure and verify that it is you who has contacted us.
ACV understands that your email address is always the correct one, and assumes that any communication sent through it will be received correctly. We ask you to deactivate any filters or other barriers that may prevent you from receiving our e-mails at the aforementioned address.
On this website we use our own and third party cookies to improve your experience. If you continue browsing, we consider that you accept their use.
Session cookies are cookies designed to collect and store data while the user accesses the Website. They are usually used to store information that only needs to be kept for the provision of the service requested by the user on a single occasion.
Persistent cookies are a type of cookie in which the data remains stored in the terminal and can be accessed and processed for a period defined by the party responsible for the cookie, which can range from a few minutes to several years.
These are cookies created by this website and can only be read by the site itself. Our website uses the following types of own persistent cookies:
– Functional cookies: These cookies serve to improve the functionality of the Website. These are, for example, cookies that remember the content you have previously viewed on this website or the user ID of a record from a previous visit.
– Social content cookies: These are cookies that are used to track user activity when contacting the selected social network.
– Advertising cookies: These are cookies that record that the promotional window has been shown the first time a user enters the website. If the cookie is deleted the next time the website loads, the promotion window reappears.
These are cookies created by third parties that we use for different services (e.g. website analysis or advertising).
The following table classifies and describes the different persistent third-party cookies used on this website:
– Google Analytics: Analytics tool that uses a set of cookies to collect information and report website usage statistics without personally identifying Google visitors.
– Advertising: These are those that allow the management of advertising space on the website, based on criteria such as the edited content or the frequency at which ads are displayed.
– Techniques: To memorise user identification
– Google analytics tool that use a set of cookies to collect information and report website usage statistics without personally identifying Google visitors.
– Social content cookies are also used to track (plug-in) user activity when sharing content on the social network.
– Cookies to personalise the user’s web browsing. They memorise elements such as the type of browser used and the user’s geographical location.techniques: To memorise user identification.
– Social content cookies are also used to track (plug-in) user activity when sharing content on the social network.
– Cookies to personalise the user’s web browsing. Elements such as the type of browser used and the geographical location of the user are stored.
– Social content cookies are also used to track (plug-in) user activity when sharing content on the social network.
– These are cookies that track visits from other websites with which we have an affiliation contract.
UNSUBSCRIBE FROM ACV
To unsubscribe from ACV you only have to log in [user] and choose the option “ACV account cancellation”, in your profile.
If you have rented a flat with ACV, you will not be able to unsubscribe for the duration of the rental contract.
Please note that if you unsubscribe from ACV you will not be able to log in again with the same account and you will lose all your personal information, including comments and -if possible- photos that appear in your profile in the future.
If you have any questions you can contact us by sending an email to email@example.com
As you know, cookies are small data files that are stored on the ACV User’s computer and contain certain information about your visit to the website.