Terms and Conditions - User Agreement

LovelySpain.com and its affiliates provide access to the LovelySpain.com website (the "website") and sell our products and services to you subject to the conditions set out on this page.

Please read these conditions carefully before using the LovelySpain.com website. By using the LovelySpain.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future LovelySpain.com service, you will also be subject to the guidelines and conditions applicable to that service. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this website.

A. User Agreement

This section relates generally to your use of LovelySpain.com and to all products and/or services purchased. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

Agreement between customer and LovelySpain.com

This Web site is offered to you, the customer, by Sunny Design Int. S.L. conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Web site

Age and Responsibility

If you use this website, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

Use of LovelySpain.com

LovelySpain.com is provided solely to assist customers in determining the availability of holiday-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors (under 18 years old) living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that overuse or abuse of the services reservation facilities of the Web site may result in you being denied access to such facilities.

Separate terms and conditions will apply to your reservation and purchase of holiday-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability and use of fares, products, or services. Special rules and restrictions may apply to a fare, product or service selected by you. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotel, accommodation/property, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase. Further, such a violation may result in LovelySpain.com debiting your account for any costs LovelySpain.com incurs as a result of the violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

Personal and non-commercial use limitation

This Web site is for your personal and non-commercial use and you may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

This site and the content provided in this site, including, without limitation, the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, as well as the infrastructure used to provide such content and information, is proprietary to LovelySpain.com or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only.

You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of LovelySpain.com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that LovelySpain.com deems in its sole discretion to be unreasonable or disproportionate to the benefits LovelySpain.com obtains from your use of the site.

Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

Information Accuracy

We take great care to ensure the accuracy of information and prices shown in this web site but services and facilities may change or be withdrawn and information may change. We regularly update information to display up to date text but please note that any late changes will be shown as an errata during the booking process.

Whilst we check regularly to try to ensure that holiday packages, properties and services are available at the prices shown, we cannot guarantee the availability of any holiday package/property at an advertised price until you receive an electronic confirmation of the booking form/invoice via e-mail (your first confirmation e-mail will just be an acknowledgment of order). However, the current price will be displayed before you confirm your booking.

Price Guarantee

All the rates for all products and services are quoted in euros (€) and sterling pounds (£) with fixed rate exchange. The applicable currency will be Euros. Currency rates are based on various publicly available sources and should be used as guidelines only

Whatever happens to our costs, the price of your confirmed product/service plus applicable regional supplements, as prevailing at the time you book and pay your deposit, will be guaranteed against any increase, subject only to the correction of errors and currency fluctuations. This guarantee is subject to the conditions of payments being adhered. The price of your chosen product/service will be confirmed at the time of booking.

Unless specified, service charges, taxes and other additional charges are included in the prices. All of our quoted prices include the respective taxes or VAT (Value Added Tax) at the prevailing stipulated rates.

We reserve the right to increase or decrease published prices of unsold product and services and to correct errors at any time.

Privacy

You have read the LovelySpain.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by LovelySpain.com and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the LovelySpain.com Privacy Policy.

Electronic communications

When you visit LovelySpain.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. LovelySpain.com reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant LovelySpain.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form, media or technology. You grant LovelySpain.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to LovelySpain.com, including the execution of deeds and documents, at the request of LovelySpain.com.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to LovelySpain.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable LovelySpain.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify LovelySpain.com and its affiliates for all claims brought by a third party against LovelySpain.com or its affiliates arising out of or in connection with a breach of any of these warranties.

Review of transmissions

LovelySpain.com may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that LovelySpain.com deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review.

Copyright and trademark notices

All contents of this Web site are: Copyright © 2002 - 2005 LovelySpain. All rights reserved. Sunny Design and LovelySpain and LovelySpain.com are trademarks or registered trademarks of Sunny Design Int. s.l.. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on this site are incorporated for viewing purposes only and may not be saved or downloaded in any format.

No unlawful or prohibited use

As a condition of your use of this Web site, you warrant to LovelySpain.com that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to third-party sites

This Web site may contain hyperlinks to Web sites operated by parties other than LovelySpain.com. Such hyperlinks are provided for your reference only. LovelySpain.com does not control such Web sites and is not responsible for their contents or your use of them.LovelySpain.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. None of LovelySpain.com or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

Software available on this web site

Any software that is made available to download from this Web site ("Software") is the copyrighted work of LovelySpain.com, its affiliates and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install, copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, LovelySpain.com hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence.

Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in this Web site, is owned by LovelySpain.com, its affiliates and/or their suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or any redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warrantied, if at all, only according to the terms of the license agreement.

Currency Fluctuation

Once the price of your chosen products/services have been confirmed, we may only increase in case of currency fluctuations for payments in sterling pounds (£), if applicable; if costs increase as a result of any adverse changes in the exchange rates which have been used to calculate the cost of your holiday package/property.

In these cases, we will absorb increased costs up to a total amount equivalent to 2% of the price of your confirmed products/services, excluding any optional services and amendment charges. Only if the increased costs exceed this 2% we will levy a surcharge that must be paid with the balance of the price of the product/service or within 14 days of the issue date printed on the surcharge invoice; whichever is the later.

If the price increase is greater than 10% of the price of your product/service you will be entitled to cancel your booking and receive a full and quick refund of all monies paid to us, except for insurance premiums and amendment charges.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel for this reason. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge.

We promise not to levy a surcharge within 30 days of departure. Due to the above promises, no refunds can be made in the event of favourable exchange rate variations or decreases in costs.

Sale of products and servicies to You

1. Most products and services sold through LovelySpain.com are not an offer by LovelySpain.com to sell any product/service, but an invitation to you to make an offer to our suppliers. We are free to accept that offer on behalf of those suppliers or to reject it. We will send you an e-mail confirming the contract if you are purchasing from the website, from other channels the confirmation may be different. Any booking made or order placed by you, whether through the LovelySpain.com website or otherwise, shall be deemed an offer by you to purchase the relevant items subject to these booking conditions.

2. Many of the products and services sold through LovelySpain.com are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the suppliers liability to you and your party, usually in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

3. Where your contract is not with LovelySpain.com but with a third party supplier such as a holiday resort or car hire company, LovelySpain.com may pass your credit card (or details of any other payment method allowed) and any other essential booking details to that third party. The placing of an order for any goods and services by you will constitute consent to us passing on such details.

4. You undertake to us that the details you give to us while using LovelySpain.com are correct in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the product or service.

5.- If there are any changes to the details supplied to us by you it is your responsibility to inform LovelySpain.com via our web form or by contacting our Customer Services as soon as possible.

6. LovelySpain.com will not stop you from making impossible bookings such as two holiday apartments in different place at the same time or a car hire to one place and accommodation to another at the same time. If you make that kind of booking we won't give you a refund.

7. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the technology that is required in operating LovelySpain.com there may be times when obvious errors occur. For example, very occasionally, this may result in a price, product or service or other detail displayed or presented on a LovelySpain.com being incorrect. In this case we reserve the right to cancel that contract, but this of course will be without any liability to you.

8. Except for the sale of a small number of products LovelySpain.com operate to an agency model. This means that we act as a disclosed agent for third party suppliers, such as a holiday resort, car rental company or a restaurant. What this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Where we act as agent this will mean that we have no contractual liability to you in respect of that product/service. However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law.

9. Please note, some of our products and services are sold "subject to availability" what this means is that we do not confirm your order immediately (your first confirmation e-mail will just be an acknowledgment of order) but we will pass your details onto our suppliers who will check to see if the product/service is available, if it is they will book it for you, if its not they will revert to you directly.

Liability disclaimer

The information, software, products, and services published on this web site may include inaccuracies or typographical errors. In particular, LovelySpain.com and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the accommodation, property, car and other products or services displayed on this website (including, without limitation, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Any accommodation/property ratings displayed on this website are intended as only general guidelines, and LovelySpain.com and its affiliates do not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. LovelySpain.com, its affiliates and/or their respective suppliers may make improvements and/or changes on this web site at any time.

LovelySpain.com and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this web site for any purpose and the inclusion or offering for sale of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by LovelySpain.com or its affiliates. LovelySpain.com shall use reasonable care and skill in carrying out the services contained in this web site.

LovelySpain.com, its affiliates, and/or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and noninfringement.

The suppliers providing products and/or services for LovelySpain.com are independent contractors and not agents or employees of LovelySpain.com or its affiliates. LovelySpain.com and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. LovelySpain.com and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall LovelySpain.com, its affiliates and/or their suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if LovelySpain.com, its affiliates, and/or any of their suppliers have been advised of the possibility of damages.

LovelySpain.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall LovelySpain.comor any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by LovelySpain.com or any third party providers or distributors, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party. LovelySpain.com, its affiliates and/or its respective suppliers shall be liable for direct loss arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.

Important: these terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law (including your statutory rights under any applicable national or local legislation implementing the ec package travel directive (90/314/eec) as amended from time to time).

Events beyond our resonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Entire agreement

This agreement constitutes the entire agreement between, you, the customer and LovelySpain.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and LovelySpain.com with respect to this Web siter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Relationship

The relationship between LovelySpain.com and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this agreement or use of this Web site.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms & Conditions at any time. You will be subject to the policies and Terms & Conditions in force at the time that you use the website or that you make a reservation from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Indemnification

You agree to defend and indemnify LovelySpain.com, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by you or on your behalf as a result of:

(a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and jurisdiction

This agreement and conditions are governed by and construed in accordance with the laws of Spain. You hereby consent and submit to the exclusive jurisdiction of the Majadahonda courts located in Madrid, Spain, in all questions, disputes and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) years from the date on which such claim or action arose or accrued. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Attorney's Fees

If LovelySpain.com or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

Injuntive relief

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to LovelySpain.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LovelySpain.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by LovelySpain.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

Assignment

We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

Additional terms

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

Termination

LovelySpain.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which LovelySpain.com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to LovelySpain.com and its third party providers or distributors, as applicable.

Our details

LovelySpain.com is the trading name for Sunny Design Int. S.L. This website is owned and operated by Sunny Design Int. S.L.

Sunny Design Int. S.L.
Trav. Doctor Bastos, 2
Majadahonda
28.220 Madrid
Spain
VAT Reg. No. ES B83366153

You can contact us by visiting www.lovelyspain.com/contactus

Thank you for using LovelySpain.com!