General Terms of Use

1. Introduction

The present dispositions regulate the use of the site www.migoa.com which Professional Holiday Rentals S.L. (ahead “Migoa”) – Spanish limited company registered in the Registro Mercantil of Barcelona with N.I.F. B-66225855, with registered office at Av. Drassanes 6-8 planta 15, 08001 Barcelona , Spain – offers to internet users, as well as the content which will be shown or will be offered, on the aforementioned page, to these clients.

The General Terms and Conditions posted on this website at any given moment are those current in the determined moment.

There is free access to the website, except for connection costs due to the telecommunications network provider subscription by the client.

The access to the “My Migoa” area is an exclusive service, destined to the clients who are registered and active on Migoa. A client is considered as an active client once he/she has registered via the procedures established on this website and the registration confirmation of the binding agreement is sent to the email address indicated by the client during the registration process.

In case of fault by the client regarding the obligations described in the Terms and Conditions, Migoa shall be entitled to prohibit or deny the access to the “My Migoa” section of the www.migoa.com website, without prejudice of further legal actions that may correspond to Migoa.

The access to this website attributes the condition of client of the site and implies the acceptance of all the terms and conditions described here in details. The service provided by www.migoa.com lasts until the client is connected to the website or to any other service provided. Therefore, the client must accurately read the present Terms and Conditions any time he/she pretends to access to the site, because the same are subjected to changes.

For some of the services of this website, accessible to all internet users or exclusive for Migoa clients, there are Particular Terms Conditions which, in this case, will substitute, complete and/or modify the present General Terms and Conditions, which will have to be accepted by the client before the specific service is offered or subscribed to. The access and/or use and/or subscription to these services and contents expresses the absolute and unconditional acceptance of the corresponding Particular Terms and Conditions in the version published on the Migoa website at the time of the access and/or use and/or subscription.

Migoa shall be entitled to unilaterally modify, at any time and without prior notice, the form and conditions of subscription to the Migoa services, provided on www.migoa.com, as well as the General Terms and Conditions and the corresponding Particular Terms and Conditions.

Any client has to access and use the www.migoa.com website according to the present General Terms and Conditions, the Particular Terms and Conditions, law, ethics, good faith and/or good practices, refraining from performing any act which may imply any kind of damages to the website, to Migoa, and/or to other clients and/or any third party.

2. Contracting Migoa Services, Payment Terms

The access and contracting process, terms and conditions of the services offered by Migoa will be, at any time, subjected to what is established on its website, at the current moment of the services providing, so Migoa reserves the right to unilaterally modify, in any moment, and without prior notice, the mentioned Terms and Conditions.

Likewise, the client, when contracting Migoa’s services, is under the obligation to supply truthful information, assuming to these effects the responsibility of all the damages and consequences of any kind, directly and/or indirectly caused by the untruthfulness of the information provided, to Migoa and/or to any third party, at any time, for any reason, and by any means.

We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

3. Duration

According to the terms and conditions of the present General Terms and Conditions as well as to the applicable Particular Terms and Conditions, Migoa reserves the unilateral right to temporally suspend or permanently terminate the services provided through the www.migoa.com website, as well as temporarily suspend or permanently terminate the registration to the www.migoa.com website.

4. Access Codes

Migoa will offer the possibility to obtain a username and access code, personal and non-transferable, in order to allow the client to access and use this website and the services offered by Migoa. The client is obliged to keep confidential these codes, refraining from providing his/her personal username / password / access code to a third party, and assuming, therefore, any consequence arising from the default of such obligation. The access code can be modified by any of the parties upon request. In the event that such modification comes from an express request of Migoa, the client will receive the notification of the date of deactivation and substitution of the access code for a new one, as well as the new personal data, on the email address provided by himself/herself.

Migoa is not responsible for any harm or negative consequence or loss of profit caused to the client and/or a third party due to the loss or theft and/or use by a third party of the personal username or password/access code.

5. Industrial and Intellectual Property

Migoa is the owner of the domain www.migoa.com.

The www.migoa.com website in its whole, including, without any exceptions, its design, structure and distribution, text and contents, logos, buttons, images, source code, as well as the intellectual and industrial property rights and any other distinctive sign related to the aforementioned, to the website itself and any other that appears on the website, as well as all those related to the services offered by Migoa and those owned by Migoa, pertain to Migoa and/or the corresponding owner, and, therefore, it is prohibited, by means, their use, exploitation, copy, reproduction, as well as their elimination, damage, and/or modification, registration and/or request of register them, partially or totally, temporarily or permanently, and any other similar presently or in the future without the Migoa´s express and written authorization, and/or of the corresponding owner, without the possibility to understand that exists a license or authorization whatever its nature, total and/or partial, to any third parties and/or client by Migoa and/or by the corresponding owner.

Migoa reserves the right to unilaterally redesign and modify, at any time, and without further notice, the presentation and configuration of the www.migoa.com website.

All the rights of industrial or intellectual property and any other distinctive sign, including without exception, contents documents, texts and reports published on this website, as well as images, design, graphics, drawings, buttons, logos, brands, of the contributors to the www.migoa.com website, pertain to their authors, therefore, it is prohibited, in any means, to use, exploit, copy or reproduce them, as well as eliminating, damaging and/or modifying them, registering and/or attempting to register them, partially or totally, temporarily or permanently, or any similar, presently or in the future, without the express authorization by the authors, without the possibility to understand that exists a license or authorization whatever its nature, total and/or partial, to an any third parties and/or client by Migoa and/or from the corresponding owner.

Migoa will not assume any responsibility in the event that any third-party Intellectual or Industrial property right is violated by a third party and/or client, or violate the rights of a third party and/or client.

6. Responsibility Exemption

There is no relationship or association of any kind between Migoa and the www.migoa.com website, with the owners of the websites linked to, therefore, Migoa and the www.migoa.com website are not responsible for third-party websites neither their utility, trustworthiness, accuracy, nor for the contents included in such sites; these websites belong to independent corporations without existing association or relationship with Migoa.

Migoa is not responsible for any harm and/or damage and/or losses of profit of the client or of any third party damaged by the opinions, representations, data and/or content that, in this case, is emitted directly or indirectly by the clients and/or third parties for any reason, at any time and by any mean on the www.migoa.com website.

Migoa doesn’t ensure the continuous, reliable, permanent operation of the www.migoa.com website; therefore, Migoa is not responsible for any damage and/or harm and/or loss of profit that may be caused to the client or a third party by delays or interruptions of the website operation.

Migoa is not responsible for any damage and/or loss of profit for the client or a third party as a consequence of a circumstance of force majeure, fortuitous event, failure or error in the communications lines, or for the defective rendered service or failure of the Internet.

Migoa is not responsible for any harm and/or damage caused to any client or third party, neither for harm and/or damages suffered by any client or third party, occurring directly or indirectly during the use and/or access and/or connection to the www.migoa.com website and/or other linked websites, not being Migoa responsible of any incorrect operation, defects, or errors that damage, totally or partially, any hardware or software, or cause the loss/alteration and/or damage of the information stored in magnetic supports, disks, tapes, floppy disks and others, as well as the introduction of computer viruses or undesired variations or alterations on the information, documents, files, databases, hardware and/or software.

Migoa is not responsible for any harm and/or damages caused to any third party for the use of his/her own banking data information without the prior consent of any client that contract any product or service with Migoa.

Migoa is not responsible for any errors in the communications transmission, including the deletion, incomplete transmission, delay in transmission of these communications, and doesn’t ensure the transmission network’s constant functioning. Migoa is not responsible in the case that a third party circumvents the security measures established by Migoa and/or circulates and/or transmits computer viruses.

Migoa has adopted all the legally enforced security measures for the protection of the client’s supplied data. However, Migoa cannot guarantee the absolute invulnerability of its security systems, neither the security nor inviolability of the data in its transmission through the web. Migoa cannot guarantee the truthfulness or currency of the data supplied by the clients.

Migoa does not guarantee the constant and correct functioning of its services and the absence of computer viruses in the services offered to third parties through its network of sites that can produce alterations in its technical system (software or hardware) or in the documents or files stored in its system.

The links that Migoa offers the client have the purpose of making easier the search of available information on the Internet. Migoa cannot ensure the adequacy of the system for any services outside of the one hired by the client, neither that it provides access to all sites on the Internet. The services available in the linked sites are not offered neither commercialized by Migoa, nor does it assume any responsibility for these products or services.

Migoa, as a services provider, does not control the use of its services made by the client. Therefore, Migoa is not responsible for the use of these services and/or their content that the client may make in violation of the law and/or these Terms and Conditions and/or the applicable Particular Terms and Conditions. Migoa is not responsible for the content and/or information and/or data transmitted, neither for originating the transmission, modifying the data, nor selecting it and/or the addressee, being, therefore, the client the only person responsible for the consequences of his/her use unlawful or in disagreement with these Terms and Conditions, as well as the truthfulness and/or lawfulness of the contents provided by the client. In this sense, the client has the obligation to use the services according to the applicable law.

In the event that Migoa is aware, by any means, directly or indirectly, of the existence of contents that may infringe on the current laws or these Terms and Conditions and/or the applicable Particular Terms and Conditions, or of the unlawful, unauthorized or fraudulent use, Migoa is entitled to suspend the services, totally or partially, without the client’s prior authorization, by eliminating the infringing contents and taking any other measures considered necessary to disallow the continuity in the infringement detected, relinquishing the client to any claim, in case there is, directly or indirectly any error and/or mistake by Migoa in such contents.

Without detriment of the previous points, Migoa shall be entitled to communicate to the administrative or judicial authorities the acts that may constitute an illegal activity, without oblige of notification to the client.

In particular, Migoa is not responsible for the defective provision or interruption of the services commercialized and provided in the following events:

  1. Disruption of services due to maintenance operations of the Network
  2. The discontinuity in service caused by the introduction by the Custome and / or any third party hardware or software malfunction causing overall computer equipment malfunction or that are incompatible with pressent equipement.
  3. Interruption of services due to the unavailability of broadband access support
  4. Disruption of services due to misuse or not adequate use of them.
  5. Disruption of services due to faults in the electrical power supply to equipment and devices used by the Customer to access the services.
  6. Causes attributable to a third party or force majeure.
  7. Decreased quality of service or connection, for reasons not attributable directly to Migoa.
  8. Administrative or judicial decisions.
  9. Poor system configuration required by anyone other than Migoa and / or by the Customer and / or any other third party.
  10. Damage and / or damages not attributable only directly and exclusively to Migoa.
  11. Lost profits or lost opportunities of the Client and / or any other third party.
  12. Damages of any kind, which are done for any reason because of the Customer and / or any third party.
  13. Damage and / or harm caused directly or indirectly to the client and / or any third party for reasons not attributable directly or indirectly to Migoa.

The unpredictable events, as well as the force majeure cases, official measures, errors in the telecommunications connections not directly attributable to Migoa, will exempt Migoa from providing services while the unpredictable events, etc., last.

7. Confidentiality

Migoa and its personnel and technical support will treat and keep the entire client’s information they have access by any means, in a confidential manner, they will not use it, divulge it or allow to be used or divulged, and they will destroy it or return it instantly, for any reason or by any mean it is registered, when in the offering of the hired services and according to the present Terms and Conditions and the applicable Particular Terms and Conditions they have access to information on any type of client. In any case, the corresponding laws shall be applied.

8. Applicable Legislation and Jurisdiction

All the discrepancies, claims and controversies that may arise shall be settled by the Barcelona Courts and Tribunals, for events pertaining to its jurisdiction, and for those outside of its jurisdiction, to the jurisdiction legally established.

9. Third-Party Policy

Third-party companies may collect and use information about your visits to this and other websites linked with www.migoa.com in order to provide advertisements about goods and services of interest to you.

The Spanish law shall be applied.

The present General Terms and Conditions shall be effective on January 1st, 2012.