Legal notice

I. GENERAL INFORMATION

In compliance with the duty of information set forth in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, 2002, the following general information about this website is provided below:

The ownership of this website, www.oletrips.es, (hereinafter, Website) is held by: Cipriano Ramos Ruiz, with NIF: 53370577C, and whose contact details are:

Address:
Urbanización Villa Barsal, n. º 2, bloque B, 1.º B.
29793 Torrox (Málaga)
Phone: +34616598515
Email: cramos@oletrips.es

Likewise, given the nature of the activity developed by Oletrips, it is registered in: Spanish Patent and Trademark Office with the following registration data: N0388758. The supervisory tourism authority is the General Directorate for Quality, Innovation and Tourism Development.

Oletrips is registered in the Tourism Registry of Andalusia, in the name of D./Dª. CIPRIANO RAMOS RUIZ, with C.I.AN-297149-2 and signature AV/MA/01881, and with address in Urbanización Villa Barsal, n. º 2, block B, 1.º B., 29793 TORROX (MÁLAGA), as a Retail Travel Agency.

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Web Site

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

Oletrips reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Oletrips may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Web Site may be made by prior subscription or registration of the User.

The user

The access, navigation and use of the Web Site, confers the condition of User, so you accept, from the moment you start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The Oletrips Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

A use of the information, Contents and/or Services and data offered by Oletrips without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website.
The truthfulness and legality of the information provided by the User in the forms provided by Oletrips for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Oletrips about any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

The mere access to this Web Site does not imply the establishment of any type of commercial relationship between Oletrips and the User.

Always in compliance with current legislation, this Oletrips Website is intended for all persons, regardless of age, who may access and/or browse the pages of the Website.

III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY

Oletrips does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. Oletrips will make every effort to ensure the proper functioning of the Website, however, Oletrips makes no representation or warranty that access to this Website will be uninterrupted or error-free.

Nor does Oletrips guarantee or warrant that the content or software that can be accessed through this Website is error-free or will not cause damage to the User’s computer system (software and hardware). In no event shall Oletrips be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Oletrips shall also not be liable for any damages that may be caused to users by improper use of this Website. In particular, Oletrips shall not be liable in any way whatsoever for telecommunications failures, interruptions, faults or defects that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Oletrips undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (LOPD).
Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected in Oletrips is: Cipriano Ramos Ruiz, NIF: 53370577C (hereinafter also the Data Controller). His contact details are as follows:

Address:
Urbanización Villa Barsal, n. º 2, bloque B, 1.º B.
29793 Torrox (Málaga)
Phone: +34616598515
Email: cramos@oletrips.es

Personal Data Registry

The personal data collected by Oletrips, through the forms extended on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Register of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency, in order to facilitate, expedite and fulfill the commitments established between Oletrips and the User or the maintenance of the relationship established in the forms filled out by the User, or to respond to a request or query from the User.

Principios aplicables al tratamiento de los datos personales

El tratamiento de los datos personales del Usuario se someterá a los siguientes principios recogidos en el artículo 5 del RGPD:

Principio de licitud, lealtad y transparencia: se requerirá en todo momento el consentimiento del Usuario previa información completamente transparente de los fines para los cuales se recogen los datos personales.
Principio de limitación de la finalidad: los datos personales serán recogidos con fines determinados, explícitos y legítimos.
Principio de minimización de datos: los datos personales recogidos serán únicamente los estrictamente necesarios en relación con los fines para los que son tratados.
Principio de exactitud: los datos personales deben ser exactos y estar siempre actualizados.
Principio de limitación del plazo de conservación: los datos personales solo serán mantenidos de forma que se permita la identificación del Usuario durante el tiempo necesario para los fines de su tratamiento.
Principio de integridad y confidencialidad: los datos personales serán tratados de manera que se garantice su seguridad y confidencialidad.
Principio de responsabilidad proactiva: el Responsable del tratamiento será responsable de asegurar que los principios anteriores se cumplen.

Categorías de datos personales

Las categorías de datos que se tratan en Oletrips son únicamente datos identificativos. En ningún caso, se tratan categorías especiales de datos personales en el sentido del artículo 9 del RGPD.

Base legal para el tratamiento de los datos personales

La base legal para el tratamiento de los datos personales es el consentimiento. Oletrips se compromete a recabar el consentimiento expreso y verificable del Usuario para el tratamiento de sus datos personales para uno o varios fines específicos.

El Usuario tendrá derecho a retirar su consentimiento en cualquier momento. Será tan fácil retirar el consentimiento como darlo. Como regla general, la retirada del consentimiento no condicionará el uso del Sitio Web.

En las ocasiones en las que el Usuario deba o pueda facilitar sus datos a través de formularios para realizar consultas, solicitar información o por motivos relacionados con el contenido del Sitio Web, se le informará en caso de que la cumplimentación de alguno de ellos sea obligatoria debido a que los mismos sean imprescindibles para el correcto desarrollo de la operación realizada.

Fines del tratamiento a que se destinan los datos personales

Los datos personales son recabados y gestionados por Oletrips con la finalidad de poder facilitar, agilizar y cumplir los compromisos establecidos entre el Sitio Web y el Usuario o el mantenimiento de la relación que se establezca en los formularios que este último rellene o para atender una solicitud o consulta.

Igualmente, los datos podrán ser utilizados con una finalidad comercial de personalización, operativa y estadística, y actividades propias del objeto social de Oletrips, así como para la extracción, almacenamiento de datos y estudios de marketing para adecuar el Contenido ofertado al Usuario, así como mejorar la calidad, funcionamiento y navegación por el Sitio Web.

En el momento en que se obtengan los datos personales, se informará al Usuario acerca del fin o fines específicos del tratamiento a que se destinarán los datos personales; es decir, del uso o usos que se dará a la información recopilada.

Períodos de retención de los datos personales

Los datos personales solo serán retenidos durante el tiempo mínimo necesario para los fines de su tratamiento y, en todo caso, únicamente durante el siguiente plazo: 2 años, o hasta que el Usuario solicite su supresión.

En el momento en que se obtengan los datos personales, se informará al Usuario acerca del plazo durante el cual se conservarán los datos personales o, cuando eso no sea posible, los criterios utilizados para determinar este plazo.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In compliance with the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only persons over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Oletrips. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Oletrips undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

The Web Site has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encrypted.

However, because Oletrips cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights deriving from the processing of personal data

The User has over Oletrips and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:

Right of access: This is the User’s right to obtain confirmation as to whether or not Oletrips is processing his or her personal data and, if so, to obtain information about his or her specific personal data and the processing that Oletrips has carried out or will carry out, as well as, among other things, the information available about the origin of such data and the recipients of the communications made or planned for such data.
Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, amended.
Right of deletion (“the right to be forgotten”): This is the User’s right, provided that the legislation in force does not provide otherwise, to obtain the deletion of his or her personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, shall take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
Right to limitation of processing: This is the User’s right to limit the processing of his/her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another controller. Whenever technically possible, the Controller shall transmit the data directly to such other controller.
Right of opposition: This is the User’s right not to have his or her personal data processed or to cease the processing of such data by Oletrips.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for by applicable law.

Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-www.oletrips.es”, specifying:

Name, surname of the User and copy of the ID card. In cases where representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves the identity.
Request with the specific reasons for the request or information to be accessed.
Address for notification purposes.
Date and signature of the applicant.

Any document that accredits the request you are making.

This application and any attachments may be sent to the following address and/or e-mail address:

Address: Urbanización Villa Barsal, n. º 2, bloque B, 1.º B.
29793 Torrox (Málaga)
Email: cramos@oletrips.es

Links to third party websites

The Website may include hyperlinks or links that allow access to websites of third parties other than Oletrips, and which are therefore not operated by Oletrips. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency.

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website shall imply the acceptance of the Privacy Policy of the same.

Oletrips reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on September 4, 2018 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

V. COOKIE POLICY

Access to this Web Site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

The information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site and the sites visited just before and just after the same. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, the use of cookies requires the consent of the User. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, before the initial processing, removable and documented.

Own Cookies

Cookies are those that are sent to the User’s computer or device and managed exclusively by Oletrips for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognize the User as a recurring visitor to the Website and to adapt the content to offer him/her content that suits his/her preferences.

The entity(ies) in charge of providing cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.

Social media cookies

Oletrips does not incoporate social media plugins so we do not install any social media cookies.

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Web Site, although you may be limited in the use of some of its features.

Changes in the Cookies Policy

It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and for what purpose we use cookies.

VI. LINKING POLICY

Oletrips makes available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate the Users the search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Oletrips does not offer or market by itself or through third parties the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that may be accessed through the links.

Oletrips shall in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material existing in the aforementioned linked sites.

Oletrips assumes no liability for any damages that may arise from the access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Oletrips and which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the Oletrips Website must know that:

The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorization of Oletrips.

No false, inaccurate or incorrect statement about the Oletrips Website, nor about the Contents and/or Services of the same is permitted.

Except for the hyperlink, the website where such hyperlink is established shall not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Oletrips.

The establishment of the hyperlink shall not imply the existence of a relationship between Oletrips and the owner of the website from which it is made, nor the knowledge and acceptance by Oletrips of the contents, services and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Oletrips, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Oletrips, are expressly prohibited.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he/she must immediately notify Oletrips through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Oletrips reserves the right to file the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.

The relationship between the User and Oletrips shall be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their disputes to the ordinary jurisdiction submitting to the judges and courts that correspond according to law.

Last modified: September 4, 2018