Legal notice and general conditions of use of the website

I. General information

In compliance with the obligation to provide the information stipulated in Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce (LSSI-CE), the following general information on 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:
c/ La Cruz, 52
29780 Nerja (Málaga)
Contact telephone: +34687183298
Contact email: info@oletrips.es

Likewise, given the nature of the activity carried out by Oletrips, it is registered in: Spanish Patent and Trademark Office with the following registration details: N0388758.

The supervising tourism authority is the Directorate General for Quality, Innovation and Tourism Development.

Oletrips is registered in the Andalusian Tourism Register, in the name of Mr./Mrs. CIPRIANO RAMOS RUIZ, with C.I.AN-297149-2 and registration number AV/MA/01881, and with address at C/ La Cruz, 52 29780 Nerja (Málaga), as a Retail Travel Agency.

II. General terms and conditions of use

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter referred to as the “Conditions”) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that may be 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 into the Website or access to them.

Access to the Website 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 supplied by the access provider contracted by the User.

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

The User

Accessing, browsing and using the Website confers the condition of User, and therefore, from the moment the User starts browsing the Website, he/she accepts all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with according to each case. Given the relevance of the foregoing, the User is recommended to read them each 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 the present Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or to the very functioning of the Website.
• The truthfulness and legality of the information provided by the User on 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 of any event 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.

Mere access to this Website does not imply the establishment of any type of commercial relationship between Oletrips and the User.

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

III. Accessing and browsing the website: exclusion of warranties and liability

Oletrips does not guarantee the continuity, availability and usefulness of the Website, or of the Content or Services. Oletrips shall 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 it accept any responsibility or guarantee that the content or software that may be accessed through this Website is free from error or causes 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.

Nor shall Oletrips 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 any telecommunications failures, interruptions, faults or defects that may occur.

IV. Privacy and data protection policy

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

Laws incorporated in this privacy policy

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

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

Identity of the person responsible for the processing of the personal data

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

c/ La Cruz, 52
29780 Nerja (Málaga)
Contact telephone: +34687183298
Contact email: info@oletrips.es

Registration of Personal Data

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

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in article 5 of the RGPD:

• Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times after full and transparent information on the purposes for which the personal data are collected.
• Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: personal data collected will be only that which is strictly necessary in relation to the purposes for which they are processed.
• Accuracy principle: personal data must be accurate and always up to date.
• Principle of limitation of the storage period: personal data shall only be kept in a form that allows the identification of the User for the time necessary for the purposes for which they are processed.
• Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
• Principle of proactive accountability: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Oletrips are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Oletrips undertakes to obtain the express and verifiable consent of the User to the processing of his or her personal data for one or more specific purposes.

The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent shall not condition the use of the Website.

On those occasions when the User must or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, they will be informed in the event that the completion of any of them is compulsory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data is used

The personal data are collected and managed by Oletrips for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms filled in by the latter or to respond to a request or query.

Likewise, the data may be used for commercial purposes of personalisation, operational and statistical purposes, and activities inherent to the corporate purpose of Oletrips, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used, i.e. the use or uses to which the collected information will be put.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 2 years, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

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 accordance 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 lawful processing of their personal data by Oletrips. In the case of children under the age of 14, the consent of the parents or guardians is required for the processing, and the processing shall only be considered lawful to the extent that the parents or guardians have given their consent.

Secrecy and security of personal data

Oletrips undertakes to adopt the necessary technical and organisational 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 to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.

The Website is SSL (Secure Socket Layer) certified, 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 encoded.

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 result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or to unauthorised disclosure of or access to such data.

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

Rights arising from the processing of personal data

The User has the following rights over Oletrips and may, therefore, exercise the following rights recognised in the GDPR with respect to the Data Controller:

• 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 is carrying out, as well as, among other things, the information available about the origin of said data and the recipients of the communications made or planned for said 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 erasure (“the right to be forgotten”): This is the right of the User, unless otherwise provided by law, to obtain the erasure of his or her personal data when the personal 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 erased 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 child under 14 years of age. In addition to erasure, the Controller shall, taking into account the technology available and the cost of its implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.
• Right to restriction of processing: This is the User’s right to restrict the processing of his or 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: Where 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. Where technically feasible, the Controller shall transmit the data directly to that other controller.
• Right to object: This is the User’s right not to have his or her personal data processed or to have the processing of such data by Oletrips cease.
• 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 by law.

Therefore, 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(s) of the User and a copy of the User’s National Identity Document (DNI). In cases where representation is permitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be substituted by any other legally valid means that accredits identity.
• Request with the specific reasons for the request or information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.

Any document that accredits the request being made.

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

Address: c/ La Cruz, 52. 29780 Nerja (Málaga).
Contact telephone: +34687183298
Contact email: info@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 shall 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 are being processed, he/she will have the right to effective judicial protection and to lodge a complaint with 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 (http://www.agpd.es).

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 that he/she accepts the processing of his/her 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 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 4 September 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. Linking policy

The Oletrips Website makes or may make available to Users means of linking (such as, but not limited to, 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’ search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

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

Likewise, neither does it 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 on the aforementioned linked sites.

Oletrips assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, 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 should be aware 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 authorisation of Oletrips.

No false, inaccurate or incorrect statement about the Oletrips Website, or the Content and/or Services of the Website is permitted.

With the exception of the hyperlink, the website on which the hyperlink is established shall not contain any element of this Website that is protected as intellectual property by Spanish law, 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.

VI. 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, colour 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 relating to the matter and signed by Spain.

All rights reserved. By virtue of 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, on any support and by any technical means, without the authorization of Oletrips, are expressly prohibited without the authorization of Oletrips.

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.

VII. Legal action, applicable law and jurisdiction

Oletrips reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and Content, or for 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 dispute arise in relation to the interpretation and/or application of these Terms and Conditions, the parties shall submit their disputes to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.

Last modified: May 2025