Apart from your personal information, any communications or materials you send to the Site, including data, questions, comments, suggestions or submissions (“Submissions”), are and will be treated as non-confidential and non-proprietary. NEVERLAND PROPERTIES, S.L. may use your Submissions for any purpose, including reproduction, transmission, disclosure, publication, broadcast, and posting. By making a Submission to the Site, you irrevocably transfer and assign to NEVERLAND PROPERTIES, S.L. copyrights or other rights that you may have in such material and you waive any right to compensation. NEVERLAND PROPERTIES, S.L. takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of NEVERLAND PROPERTIES, S.L. or any other person, or any other harm resulting from your Submissions.
You agree to defend, indemnify and hold harmless NEVERLAND PROPERTIES, S.L. and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against NEVERLAND PROPERTIES, S.L. by any third party due to or arising out of or in connection with your use of the Site.
Additional Rules and Conditions
Separate terms and conditions, including your cancellation rights, if any, will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. Any violation of these additional terms and conditions may result in cancellation of your reservation(s) or in your forfeiting any monies paid for such reservation(s).
These terms and conditions shall be governed by the laws of Spain, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in Ibiza – Spain, in all questions and controversies arising out of your use of this site and this agreement. The relationship between NEVERLAND PROPERTIES, S.L. 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. If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Use of the Site
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these terms and conditions or that infringes the rights of NEVERLAND PROPERTIES, S.L. or others. You also agree not to: make any false, speculative or fraudulent inquiry, request or reservation; access, monitor or copy any content or information of this Site using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or any similar process; take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site; or attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.
Limitations of Liability
While NEVERLAND PROPERTIES, S.L. uses reasonable efforts to include accurate and up to date information on the Site, NEVERLAND PROPERTIES, S.L. makes no warranties or representations as to its accuracy. The products services and all information published on the Site may include inaccuracies or errors, including printing errors. In particular, NEVERLAND PROPERTIES, S.L. does not guarantee the accuracy of, and disclaims all liability, any errors or other inaccuracies relating to the information and descriptions of any product displayed on the Site, including, without limitations, the pricing, photographies, list of amenities and general product description, much of which information is provided by the respective suppliers. In addition, NEVERLAND PROPERTIES, S.L. expressly reserves the right to correct any pricing errors on the site and/or pending reservations made under an incorrect price or cancel your reservation without penalty.
Owners & Suppliers
The property owners and other suppliers providing travel or other services in connection with the Site are independent contractors and not agents or employees of NEVERLAND PROPERTIES, S.L and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or any personal injuries, death, property damage, or other damages or expenses resulting there-from.
In no event shall NEVERLAND PROPERTIES, S.L., its affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special and/or consequential damages arising out or in any way connected with the use of or access to this Site, or the delay or inability to use this Site, or for any viruses, information, software, linked sites, products and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if NEVERLAND PROPERTIES, S.L., its affiliates or any of their respective suppliers has been advised of the possibility of damages. If, despite the limitation above, NEVERLAND PROPERTIES, S.L., its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then NEVERLAND PROPERTIES, S.L., its affiliates or their respective suppliers liabilities will in no event exceed the greater of the total related rental revenue paid by you at the time of the occurrence.
Information collection and Use
When you submit a request for villa information or add a villa to your “Favorites”, we collect your name, contact information, travel details and any other comments you may provide. If you choose to rent one of our villas, we will then collect your payment card information as well as additional information such as food allergies, emergency contact information and travel preferences. We use this information to contact you about your request, make your reservation, plan your stay at one of our villas, and process your payment.
Registration and Ordering:
Before using certain parts of the Site or renting properties, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your full name, phone number, email address, and credit card number (in the event you rent a property). In addition, we may also ask you for your country of residence and/or your organization’s country of operation, where necessary to meet requirements under applicable laws and regulations. These kinds of personal information are used for billing purposes, to full fill your requests, to communicate with you about your order and the Site, and for internal marketing purposes. If we encounter a problem when processing your order, your personal information may be used to contact you.
We may send you email newsletters or updates about NEVERLAND PROPERTIES, S.L. products, services, promotions, and travel trends that may be of interest to you. Should you wish to opt out of receiving newsletters or updates from NEVERLAND PROPERTIES, S.L. in the future, please let us know by clicking on the “unsubscribe” link within the e-mail that you received from us or by writing to us at the following address: c/Asturias 24, 4J, 07800 Ibiza – Islas Baleares – España.
Blogs or other Public Forums:
When you comment on our blog or other public forum, we may collect your name, email address as well as any comments, suggestions and other feedback you provide as postings to our blog. We may use your comments, suggestions or feedback to monitor and/or improve our product and service offerings and our Site. Please remember that any information that you provide in these comment areas is accessible to the public, and you should exercise caution when deciding to disclose any personal information about yourself or anyone else.
We ask all guests to complete a property rental review, after returning from their trip. Please remember that any information you provide in the rental review can be read or used by other visitors to the Site, and you should exercise caution when deciding to disclose any personal information about yourself or anyone else.
Surveys and Customer Research:
From time to time, we may offer you the opportunity to participate in one of our surveys or other customer research. We use the information obtained through our surveys and customer research in aggregate form, to help us understand our customers, to enhance our product and service offerings, and promotions.
Contests and Promotions:
When you enter a contest or participate in a promotion, we may collect your name, address, phone number, email address, and other information you provide. We use this information to administer your participation in the contest or promotion. At the time you enter the contest or promotion, we may obtain your consent to send you future promotional communications. If a contest or promotion is jointly sponsored by us and one or more sponsors, your personal information may be shared with such sponsors, as specified at the time of collection of your personal information. We do not control the use, disclosure or security of your personal information by other sponsors, and recommend you review their respective privacy notices or statements.
We may advertise employment opportunities on our Site. In connection with a job application or related inquiry, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application for employment and if you are hired, as part of your employee file.
When you contact us or one of our service providers with a comment, question or complaint, you may be asked for information that identifies you (such as your name and email address) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product and service offerings, and promotions.
Communications with You:
We will use your personal information to communicate with you about the Site and your requests and rentals. Also, we may send you a confirmation email when you register or place an order with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance).
We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Site and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.
NEVERLAND PROPERTIES, S.L. collects information about visitors to the Site such as IP address and other related information such as page requests, browser type, operating system and average time spent on our Site. We use this information to help us understand our Site activity and to monitor and continually improve the online experience we provide Site visitors.
Cookies and Tailored Ads:
We do not disclose, trade, sell, rent or otherwise transfer your personal information to anyone without your consent, except as otherwise set out herein.
Home Owners/Property Management Companies:
When you submit a request for villa information or complete a booking, we share personal information you have provided to us with the home owner or Property Management Company where you would like to stay so that they can assess your suitability and approve your stay.
NEVERLAND PROPERTIES, S.L. may transfer (or make available) your personal information with our affiliates and authorized service providers that perform certain services or functions on our behalf. For example, we may use service providers to authorize and process payments, host our Site, operate certain of its features, serve advertisements on our Site or send email. Your personal information may be maintained and processed by our affiliates and other third party service providers in the jurisdiction in which you have reserved a villa. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. For additional information on the way in which our service providers treat your personal information, contact us as set out below.
Sale of Business:
We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of NEVERLAND PROPERTIES, S.L. or as part of a corporate reorganization or other change in corporate control.
NEVERLAND PROPERTIES, S.L., and our US or other foreign affiliates and service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or a contravention of law, or as required or permitted by US or other foreign law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims, to investigate or prevent actual or suspect loss or harm to persons or property.
Access to your Information
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information.
Safeguards and Accountability
We maintain reasonable administrative, technical and physical safeguards to help protect against the loss, misuse, alteration or unauthorized access or disclosure of personal information that we have in our custody or control. Access to your personal information is restricted on a need-to-know basis. Only employees or authorized agents who need access to your personal information to perform a specific job are granted access to your personal information. NEVERLAND PROPERTIES, S.L. is responsible for Personal Information in its custody and under its control, including any Personal Information that is transferred to third parties for processing, storage or other purposes.
Data Protection Policy
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce (hereinafter LSSI-CE), it is reported explicitly, precisely and unequivocal, to both recipients of the service and the competent bodies, of the following aspects of the service provider of the information society:
- In compliance with the provisions of Article 5 of Law 15/1999, of December 13, Protection of Personal Data (hereinafter LOPD), we inform explicitly, precisely and unequivocally that the data provided by you through the forms provided for that purpose on our website or any other channel for collecting them, as well as those generated during their relationship with our organization, will be processed on files responsibility of NEVERLAND PROPERTIES, S.L., and duly notified to the General Registry of the Spanish Data Protection Agency, for the purpose of maintenance and compliance of the relationship between de Client and our organization and the services provided.
- Also, pursuant to the provisions of the LSSI-CE, we inform you that data may be used for the purpose of sending commercial communications and complimentary regarding our company via phone, regular mail, fax, email, or means of electronic communication.
- Likewise, we inform you that your data will be transferred in all cases where it is necessary for the development, implementation and control of the relationship of the recipient of service with our company or in cases where authorized by a regulation having the force of law and in particular, upon the occurrence of one of the following assumptions: a) the treatment or disposal aimed at satisfying a legitimate interest of the controller or the transferee covered by this standard; b) Treatment or disposal of information is necessary for the controller to comply with a duty imposed upon it by this rule.
- Principle of Consent: Consent to the processing of data for the purposes described in the preceding paragraph shall be indicated by marking the appropriate box provided for this purpose on our website.
- Mandatory nature of the information requested: Completion of all and each of the fields that appear on the forms provided for that purpose on our website is mandatory (otherwise, the mandatory fields are marked with an asterisk). The refusal to provide data would entail the impossibility of maintaining and enforcing the relationship of the Client with our company, since they are necessary for the provision of services related thereto.
- Principle of Data Quality: The service recipient is solely responsible for the accuracy of the data provided, as NEVERLAND PROPERTIES, S.L. is acting in good faith as a service provider. In the event that the service recipient provide false or third parties data without their consent, it will personally be liable to NEVERLAND PROPERTIES, S.L. and/or concerned or affected parties, Spanish Data Protection Agency and, where appropriate, regional authorities of data protection, for the responsibilities arising from that fact.
- NEVERLAND PROPERTIES, S.L. does not collect data on persons under fourteen years old through their website. In the event that a person under fourteen years old provide their data via the forms provided for that purpose on our website or any other channel for collecting the same, those shall be immediately destroyed at the same time they are aware of such circumstances.
- In order to comply with the provisions of Article 4.3 of the LOPD, the service recipient agrees to notify NEVERLAND PROPERTIES, S.L. any changes that occur in its data, so that they respond truthfully to his current situation at all times.
- Tracking Tools of Navigation: Our site may use tracking tools to navigate through the same IP address and the recipient of the service, in order to improve and ensure the provision of services and the technical operation.
- Principle of Data Security: NEVERLAND PROPERTIES, S.L. is committed to fulfilling its obligation of secrecy of personal data and its duty to protect them and take all necessary technical and organizational measures to ensure data security personal and avoid its alteration, loss, treatment or unauthorized access character, given the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or the physical or natural environment, developed in Title VIII of Royal Decree 1720/2007 of 21 December, approving the Regulations implementing the Organic Law 15/1999 of December 13, Protection of Personal Data.
- Exercise of Rights: In compliance with the LOPD and the Royal Decree 1720/2007 of 21 December, approving the Regulations implemented, the service recipient can exercise at any moment his rights of access, rectification, cancellation and opposition with regards to the data controller, enclosing a photocopy of his ID.
- Responsible for the file or processing: The data controller or treatment is Virginie Marcon, with address for notifications in C / Asturias 24, 4j, 07800 – Ibiza, Baleares, Spain.
Please contact us if you:
- wish to access, update, and/or correct inaccuracies in your personal information, or
- otherwise have a question or complaint about the manner in which we or our service providers treat your personal information.
You may contact our Privacy Officer at email@example.com
Ibiza, March 16, 2015
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