general conditions

Before visiting, browsing or using the realpropertytour.com real estate website, the user must read and accept the following terms and conditions. The use of any of the realpropertytour.com services implicitly implies the user’s acceptance and compliance to these general conditions

realpropertytour.com reserves the right to modify these general conditions of service at any time; the user must therefore periodically check for any changes made to these conditions when accessing the realpropertytour.com website. If, at any time, the user should decide not to accept the general conditions of service, he must immediately desist from using the website. Any condition or clause that he may propose and that may represent an addition or contradiction of these general conditions of service will not be taken into account by realpropertytour.com, and will have no validity between the two parties

For the purposes contained in these general conditions, the status of user shall be acquired by any person using the services offered by realpropertytour.com, whether this should require previous registration or not

Generally speaking, user registration will not be necessary to access realpropertytour.com services. However, use of certain services may be subject to the user’s prior registration, and subsequently the reading and understanding of information pertaining to data protection will be necessary

  1. Acceptance of the general conditions of service provision by the user

The user of this real estate website declares to have read and accepted the general conditions of service provision (gcp) related to realpropertytour. The user also agrees (a) to adhere to the laws of the kingdom of Spain that apply to the data obtained from the service (as defined herein), (b) to not use the service for illegal activities, (c) to not interfere with or disrupt networks connected to the service

  1. Dissemination of the contents of the user’s advertisements

The advertising user acknowledges and accepts that realpropertytour.com reserves the right to broadcast, in whole or in part, the content of the advertisements placed in its website in advertising campaigns to promote the website, in mobile applications, and also in other sites, such as social networks or blogs

  1. Copyright

The user acknowledges and agrees that the entire website, containing but not limited to, text, software, content (including its structure, selection, arrangement and presentation) photographs, audiovisual material and graphics (the “service”) and all comments that are anonymously published by participants of the realpropertytour forums is protected by trademark, copyright and other legitimate rights registered in accordance with the international treaties to which Spain is a party and other proprietary rights and laws of Spain

The user expressly authorises the copy, distribution and transmission of the pictures that are inserted into the user’s advertisement for the purposes described in the previous section (“2. Dissemination of the contents of the user’s advertisements”), and the adding of realpropertytour.com watermarks in order to prevent that these photographs are published by unauthorised third parties

  1. Restrictions of use

The user agrees not to use the website service for illegal purposes or conflicting with gcp, agrees to use the service only for his personal, non-lucrative use, and not for resale, transfer or disposal for the use or benefit of any other person or entity. The user further agrees not to use, transfer, distribute or dispose of the information included in the service so that it competes unfairly against realpropertytour. The user acknowledges that the service has been developed, compiled, prepared, revised, selected and approved by realpropertytour., and agrees to protect the copyrights of realpropertytour during and even after the term of this agreement, and comply with all reasonable written requests made by realpropertytour or the content providers to protect their legal statutory, common and contractual rights. The user agrees to inform realpropertytour in writing and in a timely manner, of any unauthorised third party service that may be noted, or of any violations to copyright, trademark and other rights that said third party service could be effecting, or vice versa

4.a) Additional usage restrictions. The user may not copy, reproduce, recompile, decompile, disassemble, execute reverse engineering activities, distribute, publish, display, perform, modify, transfer, create derivative works, transmit or exploit parts of the service, except the transferring of service material and/or the making of a copy for his personal, non-lucrative use, provided that the user acknowledges all copyrights. Changing the content of the service is a violation of the legitimate rights of realpropertytour. Additionally, the user may not distribute any part of the service through other means, including but not limited to the television and radio, a computer network or an internet hypertext framework, without the prior written consent of realpropertytour. The user may not use the service to improve the data quality sold or contributed to third parties. Furthermore, the user has no right to the use of copyright, trademarks or any services or brands registered with realpropertytour or with third parties; nor may he give the impression that such rights or brands belong or are associated with the user or used with permission from realpropertytour or their legitimate owners, and acknowledges that it has no ownership rights to any of these services and trademarks. The user will not use the service, or the information in it, in correspondence for promotional or commercial purposes, nor send said correspondence to any person or entity using the service. The user agrees to abide by the general conditions of service provided, or those related to the service, including linking and framing policies

  1. Licensing

The user does not acquire any rights or licenses pertaining to the service or elements therein, except the limited right to use the service in accordance with the gcp. If the user decides to transfer or download part of the service, it must be done according to the gcp

  1. Rights reserved

All present and future rights related to confidential information about the secrets of manufacturing, patents, copyrights, trademarks, specialised information and other rights of property protected by the laws and international conventions, including all applications and records relating to the service (the “intellectual property rights”) present and future corresponding to the service (including the right to exploit the service and any part of it through present and future technologies) are reserved for the exclusive use of realpropertytour. With the exception of the cases referred to in the gcp. The user may not copy or use the service, or any parts of it. Except those situations here described; the user shall not use the intellectual property rights of realpropertytour or third parties, nor the service, the names of participants or collaborators of the service, its variations or modifications for any purpose, without the prior written consent of realpropertytour

Also, Realpropertytour as well as other third parties related to the real estate sector may use information about the properties advertised on our website for property valuations and appraisals, price reports, statistical reports and other references in the housing market. Such information may be used even after the respective listings had been removed from the web.

  1. Statement of responsibility

The user acknowledges that the use of the service is at his own risk and responsibility, and accepts that the service and any part therein, including but not limited to the content, services, goods or advertisements (the “items”) are provided “as is”, and that realpropertytour does not implicitly or explicitly guarantee the items therein, including elements, among others – the infringement, title or suitability for a purpose or particular use. realpropertytour does not guarantee that the service is compatible with the user’s computer hardware or software, nor that the service does not have any errors, viruses, worms or “trojan horses”, and cannot be held liable for any damages that may be caused by such destructive elements

The user acknowledges that realpropertytour, its suppliers and agents are not responsible for (i) damages, whether caused by the negligence of realpropertytour, its employees, contractors, agents, suppliers or whether arising in connection with the service, not being realpropertytour responsible for any loss of profits, general loss, indirect or collateral damage, whether as a result of the filing of lawsuits against realpropertytour by third parties or (ii ) failures, discrepancies, omissions, delays or other errors in the service caused by its computer or use of the service through said equipment. The content of other websites, goods or advertisements that may be linked to the service is not managed or controlled by realpropertytour. realpropertytour cannot, therefore, be held responsible for the availability, content or accuracy of other websites, services or goods that may be linked to or advertised on the service. realpropertytour (a) does not guarantee, either explicitly or implicitly, the use of the links provided in or to the service, (b) does not guarantee the accuracy, completeness, usefulness or adequacy of any other websites , services, goods or advertisements that may be linked to the service, (c) does not promote implicitly or explicitly other websites, services, goods or advertisements that may be linked to the service. Furthermore, realpropertytour is not responsible for the accuracy or continued availability of the telephone lines and equipment the user may use to access the service. The user understands that realpropertytour and/or contributors to the service may terminate access to content (of those of other websites, services, goods or advertisements) based on gcp at any time

The contracting of third parties through realpropertytour.com: the user acknowledges and agrees that any contractual or non-contractual dealings which might be undertaken with advertisers or third parties contacted through realpropertytour.com, are considered to be made solely and exclusively between the user and the advertiser and/or third person. Accordingly, the user agrees that realpropertytour.com does not have any responsibility for damages or losses of any kind incurred as a result of their negotiations, conversations and/or contractual or non-contractual communications and agreements with advertisers or physical or legal third persons contacted

realpropertytour aims to provide updated information through its website. This information may vary with some frequency, so it is advisable to visit the website constantly before making any purchase or transfer of ownership of a property

realpropertytour strives to ensure the accuracy of the information that property owners provide regarding the properties advertised on the website, as well as information regarding the agencies and promoters of those properties. However, realpropertytour cannot guarantee the absolute authenticity and accuracy of this information, as the data provided might contain some errors

Prices and other information displayed in realpropertytour do not constitute a contractual offer, and are published for information purposes only

realpropertytour provides sufficient means to fulfil its obligation to indicate the energy efficiency of the property advertised and includes the energy label within the listing. therefore, it is the owner of the property that is solely responsible for compliance with this legal requirement, meaning realpropertytour is not responsible for any breach

realpropertytour cannot be held responsible for the existence of mortgages, liens, surveys or any other condition that the properties included in the website may be subject to

Without prejudice to the provisions of this legal notice, realpropertytour declares that it is not responsible for the property information included on the website. The property information offered in accordance with the provisions regarding the protection of consumers in terms of the information provided in the sale and rental of housing, will be made available to buyers in the respective real estate agent offices, or will be provided directly by the properties’ owners

  1. Civil liability statement

realpropertytour, its management and employees, general partners, affiliates, subsidiaries, successors, assignees, and agents will not be held responsible, neither directly nor indirectly, in any way, before the user or any other person for : (i) errors and omissions of the service, (ii) delays, errors or interruptions in the transmission or delivery of the service, or (iii) loss or damages caused, or for any other circumstances derived from perceived breach of contract

  1. Limits to civil liability

For no reason, including but not limited to negligence, will realpropertytour, have liability to the user for any direct or indirect damages caused, even in the event that an authorised representative of realpropertytour has been aware of the possible occurrence of such damages, derived from the use or inability to use the service or any link or element in the provision of service or gcp, such as loss of revenue, loss of anticipated profits or loss of customers. Under no circumstances will the total civil liability of realpropertytour to the user for all damages, losses and rights to claim (including contractual or possible tort, and involving, without limitation, negligence) exceed the amount the user paid, if existent, for accessing these web pages

realpropertytour excludes any liability for damages of any kind that may result from the transmission, diffusion, storage, availability, reception or access to services, particularly, though not exclusively limited to, damages that may result from (a) breach of the law, immoral acts or acts not considered as generally accepted principles of morality and good conduct, or acts against public order, as a result of the acquisition, use or access to services; (b) the infringement of intellectual property rights, trade secrets, contractual commitments of any kind, the right to honour, personal and family privacy and image of persons, property rights and all other rights belonging to a third party as a result of misuse of the services, (c) engaging in acts of unfair competition and illegal advertising as a result of the use of the services, (d) unsuitability for any purpose and the disappointment of the expectations generated by the services, (e) failure, delay in performance, defective performance or termination for any reason of the obligations of third parties and contracts with third parties through or in connection with access to the services

realpropertytour will not be held responsible for communications that might occur between users, nor the agreements that might be reached as a result of the offers that appear on the website

realpropertytour will comply with all the due diligence that it deems necessary in cases where it becomes aware of potential fraudulent actions or crimes that are being committed through its platform. In this regard, realpropertytour actively collaborates with the police and the pertinent legal authorities for the prosecution of such illegal activities

  1. Declarations and guarantees

The user declares, guarantees and promises that: (a) he has the legal capacity to be part of this agreement, (b) he is at least eighteen (18) years of age, (c) he will not use any rights that may be granted in the gcp for any illegal purposes, and (d) he will use the service only in the way described in the gcp

  1. Compensation

The user agrees, at his own expense, to indemnify, defend and hold realpropertytour and its employees pertaining to any claim, complaint, lawsuit or other legal proceeding initiated by realpropertytour and its employees, in the case that the claim, complaint, lawsuit or proceeding is based on or arises in connection with the service or any links thereof, including among others (i) the use by the user or another person using the service on the user’s computer, (ii ) failure by the user or third party using the user’s computer to uphold the gcp, (iii) a claim that the use of the service by the user or third party infringes the intellectual property rights (as defined herein) of others; or personality or publicity rights, constitutes libel, or is defamatory, or be detrimental or injurious to third parties, (iv) any omission, addition, insertion or alteration, or unauthorised use of the service by the user or third party using the user’s computer (as applicable), (v) the falsification or alteration of the declarations of guarantee made by the user in this document, or (vi) the violation of promises or agreements made by the user described below. The user agrees to pay all costs and damages, including, but not limited to, the reasonable fees for legal services and costs incurred, related to or arising from claims, complaints or other proceedings related thereto

  1. Personal data

For the purposes of the provisions of Law 15/1999 of 13 December on the Protection of Personal Data, realpropertytour informs the user of the existence of a file of personal data created by and for www . realpropertytour.com and under its responsibility, in order to manage realpropertytour.com’s relationship with users who provide realpropertytour with personal data (“personal users”) and personal content to the real estate website

realpropertytour advises the user of the existence of “cookies” on its website