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Terms of Use

Object and miscellaneous

These General Terms of Use, Terms of Sale and Privacy Policy (hereinafter ‘Terms of Use’) govern the use of the website www.proarentacar.com (hereinafter ‘the Website’) owned by Proa Rent a Car. Proa Rent a Car is a Spanish limited liability company with place of business at Calle Els Ferrers, 1 Polígono Indústrial de Manacor, 07500 MANACOR(Mallorca), with Tax Number B07554769, registered in the Company Register of Baleares. Through its website www.proarentacar.com, Proa Rent a Car provides information on its products and services and offers the possibility of buying the same. Due to the content and purpose of the Website, anyone wishing to buy any of its products (hereinafter ‘clients’) shall have to complete all the fields on the form before placing an order and mark consent to and acceptance of the Terms of Use as updated and posted at the time of access to the Website. In any case, certain Website pages may be accessed by individuals and companies who do not actually make any purchase whatsoever (hereinafter ‘users’). In this respect, users accessing those parts of the Website agree to be bound by the terms and conditions contained in these General Terms, to the extent applicable to them.

Proa Rent a Car would advise its clients and users that it is addressing people aged over 18 only.

Intellectual property

Proa Rent a Car holds all rights in and to the content, design and source code of this website and including in particular, but not limited to, the photographs, images, texts, logos, designs, trade marks, trade names and data posted at the website. Clients and users are advised that those rights are protected by Spanish and international intellectual property laws in force for the time being. In addition, and notwithstanding the above, the content of this website is also considered to be a computer program and is therefore also governed by all Spanish and European Union regulations in force on the subject. Any full or partial reproduction of this website, indeed through a hyperlink, or of any of its content, shall be specifically forbidden withoutProa Rent a Car’s express written consent. In addition, any full or partial reproduction of this website, indeed through a hyperlink, or of any of its content, shall be strictly forbidden without Proa Rent a Car’s express written consent. In addition, copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action whatsoever in breach of Spanish and/or international intellectual property regulations for the time being in force, and the use of the website content, shall be strictly forbidden, other than with Proa Rent a Car’s express prior written consent. Proa Rent a Car informs that no constructive licence or authorisation whatsoever is granted in and to the intellectual property rights or in and to any other right or title directly or indirectly related to the content posted at the website.

Website access and browsing. Our content

Clients and users are fully responsible for their conduct in accessing the website information while they are browsing the same, and after access. Accordingly, clients and users shall be solely liable to Proa Rent a Car and third parties for: The consequences if any deriving from any use, for purposes or with implications that are unlawful or in breach hereof, of any website content, whether or not it was prepared by Proa Rent a Car, and whether or not it was officially published under its name; and 2. The consequences if any deriving from any use, in breach of the contents hereof and detrimental to third-party interests or rights, or which may howsoever damage, render useless or deteriorate the website or its services or prevent a normal enjoyment by other users. Proa Rent a Car reserves the right to update the content whenever it considers it appropriate to do so, and to eliminate, limit or prevent access to the same, for the time being or for good, and to refuse access to the website to clients and users improperly using the content and/or failing to observe any of the terms set out herein. Proa Rent a Car informs that it does not warrant: 1. that access to the website and/or to any linked website shall be uninterrupted or error free. 2. that the content or software which clients and users may access through the website or any linked website shall contain no error, computer viruses or other elements therein which may cause your system or the electronic documents and files stored in your computer system to be altered or cause any other damage whatsoever; 3. The use to which clients and users may put the information or content of this website or any linked websites for their personal purposes. Clients or users must bear in mind that the information contained on this website is given for and with informational and guidance purposes and effects, and accordingly: Proa Rent a Car does not warrant the accuracy of the information contained on this website and therefore shall accept no liability whatsoever for any potential damages or inconvenience to users derived from any inaccuracy existing on the website.

Our liability

Proa Rent a Car shall accept no liability whatsoever including, but not limited to, any liability deriving from:

1. Any forbidden or permitted use by clients or users of the materials on this website or linked websites in breach of the intellectual property rights of the website or third-party content. 2. Any damages and losses to clients and users caused by a normal operation or malfunctioning of the search tools, the organisation or location of the content and/or access to the website and, in general, errors or problems arising in the development or implementation of the technical elements that the website or a program provides to the user. 3. The content of web pages which clients or users may access to from authorised or unauthorised links included on the website. 4. The access by minors to the content included on the website, since their parents or guardians will be responsible for properly controlling what their children or minors in their care do or installing tools for controlling the use of the Internet to prevent (i) access to materials or content unsuitable for minors, and (ii) sending of personal data without their parents’ or guardians’ prior consent. 5. Communications or talks in the course of debates, foros, chats and virtual communities organised through or round the website and/or linked websites, nor shall it therefore be liable for any damages and losses sustained by private and/or collective users or clients as a result of those communications and/or talks. Proa Rent a Car shall under no circumstances be liable in the event of: 1. Errors or delays in the client’s access to the website upon entering his or her data on the order form, the recipients receiving late or no confirmation of the order or any issue arising where that is due to problems on the Internet, fortuitous events or events of force majeure and any other unforeseeable contingency beyond Proa Rent a Car’s control in good faith. Any communication failures or incidents, deletion or incomplete transmissions, and therefore no assurance is given that the website services shall be operational at all times. 3. Errors or damages in or to the website due to a client’s inefficient or use in bad faith of the service. 4. The e-mail address provided by the client to send the confirmation of the order not being operational or experiencing problems. 5. In any event, Proa Rent a Car agrees to solve the problems if any arising and to offer all necessary support to the client to swiftly and satisfactorily solve the incident. 6. In addition, Proa Rent a Car will be able for set periods of time to engage in promotional campaigns to promote the registration of new clients to the service. Proa Rent a Car reserves the right to change the terms applicable to the promotions, extend them subject to proper notice, or proceed to exclude any promotion beneficiary if any wrongdoing, abuse or unethical behaviour is detected in the beneficiary’s participation.

Security, confidenciality and data privacy

The data that is supplied, According to the Organic Law 15/99 dated December 13th of Personal Data Protection, all personal information will be kept in a file belonging to Proa Rent a Car, whose main purpose is to proceed the customer´s order and be allowed to deal with customer´s next purchases in an easier and quicker way.

Besides, in case of having your agreement, we will make use of this information to let you know either by e mail or post about new products, special offers and novelties related to the kind of products offered in this web page.

Proa Rent a Car guarantees that the data supplied by customers will not be shared with third parties or other companies. The data that is received will be collected in the Proa Rent a Car server by means of the SSL protocol and transmission is to be made by codified way assuring all confidentiality. The server recognizes automatically the IP address, date and time of entry and exit to the web page as well as the files which have been unloaded.

The received personal information will be treated following the Organic Law 15/99 dated December 13th of Personal Data Protection and all other corresponding rules in force in Spain. The users of this web page will have access at any moment to the possible change or cancellation of the data of the registered written form by means of an e.-mail or by post to Proa Rent a Car Calle Els Ferrers, 1 Polígono Indústrial de Manacor, 07500 MANACOR(Mallorca). registered in the Company Register of Baleares.

Severability

In the event of any clause of these Terms of Use being decreed to be invalid, the remaining clauses shall continue to be valid and shall be construed bearing in mind the parties’ intent and the actual purpose of these Terms of Use. Any failure by Proa Rent a Car to exercise any of the rights and authorities conferred herein shall at no event be construed as a waiver of the same other than upon an express acknowledgement by Proa Rent a Car or limitation of the remedy available in each case.

Applicable law and arbitration

These Terms of Use shall be governed by Spanish laws applicable on the subject. For the resolution of any matter or dispute arising in connection with these Terms of Use, the parties submit to the jurisdiction of the courts in the city of Mallorca. (Spain), unless another jurisdiction should be imposed by law.

 
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