1. Legal information and acceptance

In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company’s identification details are presented below. This Internet portal is made available to users by the entity whose identification details are as follows

Name: Augusto Tudela von Schmiterlöw 

Tourist License Number: VFT/MA/02452

Address: Calle Mariano de Cavia nº 6 29017 Málaga

Email: augustvillamalaga@gmail.com 

This legal notice sets out the general terms governing access to and use of this website, hereinafter “the website”. Use of the website implies express and full acceptance of these general terms in the version published at the time the user accesses it, without prejudice to the specific terms that may apply to some of the website’s specific services.

Access to the website is free of charge except for the cost of the connection through the telecommunications network supplied by the access provider to which the user subscribes. Certain services are exclusive to our customers and access to them is restricted.

Use of the Portal confers the status of user of the Portal (hereinafter, the “User”) and implies acceptance of all the terms included in this Legal Notice. The provision of the Portal’s service is limited to the time that the User is connected to the Portal or to any of the services provided through it. The User should therefore carefully read this Legal Notice on each one of the occasions on which they intend to use the Portal, as the Portal and its terms of use set out in this Legal Notice are subject to modifications.

Some of the Portal’s services accessible to Internet users or exclusive to customers of August Villa may be subject to specific terms, regulations and instructions which, as the case may be, replace, complete and/or modify this Legal Notice and which the User must accept before provision of the corresponding service begins.

2. Intellectual and industrial property

This website and the contents it hosts are protected by current legislation on intellectual property.

August Villa is the owner or licensee of all the intellectual and industrial property rights of its website, as well as the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of the Terms and Conditions, is expressly forbidden.

The trademarks, trade names and distinguishing signs are the property of August Villa, as a result of either industrial or intellectual property rights, without this being understood to imply that access to the portal grants the user any right over the aforementioned trademarks, trade names and/or distinguishing signs.

All the products and services of these pages that are not owned by August Villa are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the website of August Villa for purposes of promotion and collecting information. These owners may request that the information belonging to them be modified or deleted.

3. Terms of use of the portal

3.1 General

The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User is liable to August Villa or to third parties for any loss or damage that may be caused as a result of a failure to comply with this obligation.

It is expressly forbidden to use the Portal for purposes that are harmful to property or interests of August Villa or of third parties or which in any manner overload, damage or render useless the networks, services and other computer hardware or products and software of August Villa or of third parties.

3.2 Contents

The User undertakes to use the Contents in accordance with the Law and with this Legal Notice, as well as with any other terms, regulations and instructions that may be applicable in accordance with the provisions of Clause 1.

For information purposes only, in accordance with the legislation in force, the User must refrain from:

– Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in cases authorised by law or expressly agreed to by August Villa or by the owner of the exploitation rights, where appropriate.

– Reproducing or copying for private use the contents that may be considered as Software or Database according to the legislation in force on intellectual property, as well as publicly disclosing them or making them available to third parties when such actions necessarily imply reproduction by the User or a third party.

– Extracting and/or reusing all or a substantial part of the Contents of the Portal as well as the databases that August Villa makes available to Users.

3.3 Addition of links to the Portal

Internet users who wish to add links from their own website to the Portal must meet the conditions set out below. Ignorance of these conditions will not exempt the user from the corresponding legal liabilities:

* The link will only connect to the homepage or main page of the Website, but without reproducing it in any manner whatsoever (online links, copy of the texts, graphics etc.)

* In any case, it is prohibited, in accordance with the applicable legislation in force at any time, to establish frames of any type that surround the Portal or allow the Contents to be displayed through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents external to the Portal in such a way that it: (i) causes, or may cause, error, confusion or deception in users regarding the true origin of the service or Contents; (ii) involves an act of comparison or unfair imitation; (iii) serves to take advantage of the reputation of the trademark and prestige of August Villa or (iv) in any other way that is prohibited by current legislation.

* The website that includes the link may not contain any false, inaccurate or incorrect statement about August Villa its shareholders, employees and customers or about the quality of the services that it provides.

* Under no circumstances may the page containing the link state that August Villa has given its consent for addition of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.

* The use of any word, graphic or mixed mark or any other distinctive sign of August Villa within the sender’s page is prohibited except in cases permitted by law or expressly authorised by August Villa and provided that a direct link to the Portal in the manner established in this clause is allowed in these cases.

* The page that establishes the link must faithfully comply with the law and may not under any circumstances have or link to its own or third-party contents that: (I) are unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induce or might induce in the User the false conception that August Villa subscribes, endorses, adheres to or in any way supports, the ideas, statements or expressions, lawful or unlawful, of the sender; (III) are inappropriate or not relevant to the activity of August Villa with regard to the place, contents and theme of the website of the sender.

4. Disclaimer of liability

4.1 In relation to the Information

August Villa is not liable for the decisions taken on the basis of the information provided in the Portal or for the loss or damage caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.

4.2 In relation to the quality of the service

Access to the Portal does not imply any obligation of August Villa to control the absence of viruses, worms or any other harmful computer elements.

The User is responsible, in any case, for the availability of appropriate tools to detect and disinfect malware.

August Villa accepts no liability for damage to Users’ computer equipment or that belonging to third parties during the provision of the service of the Portal.

4.3 In relation to availability of the Service

Access to the Portal requires third-party services and supplies, including transport through telecommunications networks whose reliability, quality, continuity and operation do not depend on August Villa Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneous with the provision of the Portal service.

August Villa is not liable for loss or damage of any kind caused to the User resulting from failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the service of the Portal during or prior to provision of said service.

4.4 In relation to the contents and services linked through the Portal

The Portal access service includes technical linking devices, directories and search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, August Villa acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce and is only liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, they may notify August Villa in accordance with the procedure and effects set out in Clause 6, without in any case this notification entailing the obligation to remove the corresponding link.

Under no circumstances should it be assumed that the existence of Linked Sites implies agreements with the managers or owners of such sites or the recommendation, promotion or identification of August Villa with the statements, content or services provided.

August Villa is not aware of the content and services of the Linked Sites and is therefore not liable for any damage caused as a result of the quality, failure to update, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to August Villa.

5. Data protection

You can consult our Data Protection policy to learn about our use of your personal data.

6. Reporting of illegal and inappropriate activities

In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, denigrating, violent or contrary to morality, they may contact August Villa indicating the following details:

1. Details of the person reporting: name, address, telephone number and email address;

2. Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;

3. In the case of infringement of rights, such as intellectual and industrial property rights, the personal data of the owner of the infringed right where this is not the person reporting.

4. They must also provide the title that proves the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the holder where this is not the person reporting;

5. Express statement that the information contained in the claim is accurate.

Receipt by August Villa of the report provided for in this clause will not imply, in accordance with the provisions of the Law on Information Society Services and Electronic Commerce, effective knowledge of the activities and/or contents indicated by the person reporting.

They must also provide the title that proves the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the holder where this is not the person reporting.

7. Notifications

All notifications and communications made by the parties will be valid in accordance with the means admitted by law. Those relating to this Portal will be considered effective, for all purposes, if they are made through the Portal itself.

8. Modifications

August Villa reserves the right to make any modifications that it deems appropriate on its website without prior notice and may change, delete or add both the contents and services provided through it and the form in which they are presented.

In addition, these terms and conditions may change at any time. Any modifications will enter into force as soon as they are published.

9. Social Networks

August Villa is present on various social networks and platforms. Therefore, when accessing any of these or other networks, it will be necessary to bear in mind that the applicable conditions of use are those that each platform has established, which do not depend on August Villa.

10. Legislation

Each and every point set out in this Legal Notice is governed by Spanish law. Whenever the applicable law allows the waiver of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to hear any disputes, and the user expressly waives any other jurisdiction that may apply.