Legal Notice and Terms of use

In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that this web page contains the legal information and general conditions of use of the explorers.travel website, as well as its services.

 

LEGAL NOTICE

The owner of this website explorers.travel and all domains is FRAMURAY, S.L.U. (hereinafter, «FRAMURAY») with CIF: B86584695 and address at Calle José Ortega y Gasset, 17, Esc. A, 2o Dcha. 28006 Madrid, and registered in the Mercantile Register of Madrid, Volume 30399, Folio 113, 1st entry, Page: M- 547124.

Access to and use of the website is free of charge – with the exception of those particular services that are established for a fee – and requires the acceptance of these Terms of Use. This legal information is completed with the Privacy Policy and the Cookies Policy of this website.

If the user needs to make any enquiry or contact, there is a Customer Service Department at their disposal which can be contacted by means of the postal address indicated above or by e-mail at atencion.framuray@outlook.com.

 

2. CONDITIONS OF USE

This policy of use contains the terms and conditions indicated below. They regulate the access and use of this site explorers.travel (hereinafter, site and website), whose operation and through which provides services of the information society, the entity FRAMURAY. The expression «site or website» includes, but is not limited to, data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, industrial designs and, in general, all creations expressed by any means or medium, tangible or intangible.

User status is acquired by accessing the website. Access to the website implies that the user unreservedly accepts these conditions and acquires a series of rights and obligations, with the aim of guaranteeing the proper enjoyment of the contents and services found on the website and made available to them. The user will use the services and contents exclusively for private purposes, excluding any form of subsequent use of the same for profit or for any direct or indirect benefit.

FRAMURAY informs the user that some of the services of this website may, on certain occasions, be subject to Special Conditions that complement the current General Conditions of Use of this website. On such occasions, the Specific Conditions will take precedence over the General Conditions of Use. In the event that any of the services are used, it will imply the full acceptance of all the General Conditions of Use and, in the event that they are established, of the Special Conditions. FRAMURAY may, at any time and without prior notice, refuse the use of the website if the General Conditions of Use or the Special Conditions are breached.

In accordance with current legislation, if the User is resident in Spain and declares that he/she is of legal age, he/she will assume responsibility for his/her actions. Otherwise, the User will have the consent of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by the persons in their care.

In the event that the user does not accept these general conditions and/or any other conditions that may be established to regulate the use of certain content, the user must refrain from accessing the website and/or using its services and leave it.

 

2.1. PURPOSE OF THE WEBSITE

In principle, unless otherwise indicated, access to the website and the services it offers are free of charge. These services may sometimes be of a limited temporary nature, and FRAMURAY does not guarantee the indefinite permanence of its services, the making of backup copies of its content or the maintenance of the free conditions. For these reasons, the user has no right to claim the restitution of access, contents, documents, conditions or any other type of data. FRAMURAY may modify, delete or add the content or services it deems necessary on the website without prior notice.

 

2.2. USER RIGHTS AND OBLIGATIONS

The User undertakes to make appropriate and lawful use of the website and its contents, in accordance with the applicable legislation, these General Conditions of Use, and the Specific Conditions in force, generally accepted morals and good customs and public order, and undertakes to indemnify FRAMURAY for any

damage or harm that may be caused by the use of this website, in breach of these general conditions and/or the law in force.

The User shall refrain from:

  • I. Make unauthorised or fraudulent use of the website and/or its contents for illicit purposes or effects.
  • II. Accessing or attempting to access resources or restricted areas of the website, without complying with the conditions required for such access.
  • III. Introduce or disseminate computer viruses, software code or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the owner of the domain, its suppliers or third parties.
  • IV. Attempting to access, use and/or manipulate the data of the owner of the domain, third party providers and other users.
  • V. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the owner of the website or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
  • VI. Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
  • VII. Take any action that prevents or hinders access to the site by users, as well as hyperlinks to services and content offered by the website or by other third parties through the website;
  • VIII. Reproduce all or part of this website on a different website; you may not frame this website or the websites accessible through this website in any way that conceals or modifies – by way of limitation but not limitation – FRAMURAY’s or third parties’ content, advertising space and trademarks, whether or not they involve acts of unfair competition or confusion.
  • IX. Using the brand, trade names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorisation of its owner;
  • X. Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof,

without the prior written authorisation of FRAMURAY or the third party owner of the intellectual and industrial property rights that apply to the services or contents of the website and except as provided in these general conditions and/or in any others that may be established.

For its part, the User may:

  • (i) Access free of charge and without the need for prior authorisation to the contents and services of the site available as such, without prejudice to the technical and specific conditions or the need for prior registration with respect to specific services and contents as determined in these general conditions or in any other conditions that may be established;
  • (ii) Use the services and content available for your private use only;
  • (iii) To make correct and lawful use of the site, in accordance with current

legislation, morality, good customs and public order.

 

2.3. EXEMPTION FROM LIABILITY

The information on the website is for information purposes only and has been obtained from the third party owners of such information. FRAMURAY always tries to ensure that the information on the website is accurate and up to date, but shall not be liable for the accuracy, adequacy, completeness or veracity of the information provided, limited to its publication, nor for damages of any kind arising from the lack of availability or continuity of the operation of the services offered on the website.

FRAMURAY shall not be liable for damages of any kind that may be caused to users for reasons that are absolutely beyond its control or scope of action, and by way of example when the following circumstances, among others, occur:

  • FRAMURAY assumes no liability for damages of any kind due to incidents or interruptions in the operation of its website beyond its control, and in particular, although not exclusively, for those that may be due to incidents or interruptions in the normal operation of the connection to the networks or due to technical causes, or any type of virus or other element that may cause alterations in the computer system, nor for the damages that they may cause to the hardware or software of the users.
  • FRAMURAY does not guarantee the infallibility or effectiveness of the services offered, nor the suitability of the information on its website for a specific purpose.
  • FRAMURAY does not guarantee privacy and security in the use of its services by its users.

Similarly, FRAMURAY reserves the right to partially or totally interrupt the service without prior notice due to service updates, technical changes or breakdowns.

 

2.4. COOKIES

This website uses cookies. Such cookies will be used under the conditions and for the purposes described in its Cookies Policy.

 

2.5. INTELLECTUAL AND INDUSTRIAL PROPERTY

The user declares to be aware that the contents and services offered through the site (including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, industrial and furniture designs, all comments, exhibitions and computer code, without this list being exhaustive) are protected by the national and international intellectual and industrial property laws in force.

(i) FRAMURAY is the owner of all the industrial and intellectual property rights of this website and of the elements and contents found on it, with the exception of the rights that are not owned by this company and belong to their respective owners in the manner in which they are recognised on the website. Content» is hereinafter understood to mean data files, texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property.

(ii) All product names, company names, trademarks and logos appearing on the website are the property of their respective owners or proprietors, whether or not they have the © copyright symbol or ® registered trademark. The User acknowledges that the contents that are not the direct property of FRAMURAY are the sole responsibility of the person, owner or company that generated them.

(iii) The content of this website is protected by industrial and intellectual property laws. The User may not therefore modify, transmit, distribute, reuse, repost or use all or part of the content for public or commercial purposes without the express authorisation of FRAMURAY or of the owners or ultimate owners of the content in question, by virtue of a separate contract.

FRAMURAY disclaims all liability in connection with the fraudulent publication by unauthorised persons of Internet pages or sites or the like using FRAMURAY’s trademark and trade name for the purpose of misleading or denigrating to the detriment of FRAMURAY and its users. FRAMURAY reserves the right to take all legal action available to it to prosecute and claim the deserved penalties and compensation for damages against all those directly or indirectly involved in the aforementioned actions of fraud and infringement of the legitimate rights and interests of FRAMURAY and its users.

(iv) At no time does the use of or access to the website and its services give the user any rights over such content. FRAMURAY only grants the User a personal, non-transferable and non-exclusive licence to consult the content that FRAMURAY provides as part of the services it offers. The sole purpose of this licence is to enable the User to use and receive the services provided by FRAMURAY as permitted by this contract.

The content of the Website may be consulted by the User, but FRAMURAY does not transfer ownership of it to the User. The User is the owner of the medium on which this content is consulted, but FRAMURAY retains all intellectual and industrial property rights over it. Any unauthorised use of the content may violate the laws on intellectual property, industrial property, personal rights, rights of publicity and communication, trademarks, as well as other applicable regulations.

(v) FRAMURAY will enforce all rights provided by law by bringing civil and criminal actions against those who infringe its rights.

(vi) The User shall retain all rights to any content that he or she may provide to the Website. When such content is submitted by the User, the User grants FRAMURAY a permanent, non-transferable and non-exclusive licence to publish, provide and distribute such content to other users within the limits and under the guidelines set by the User.

The User is solely responsible for the content provided to the website.

(vii) No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical means or method (including photocopying, recording or any information storage and retrieval system) through any medium now known or to be invented in the future, without the consent of FRAMURAY The use, in any form, of all or part of the content of the site is subject to the need to request prior authorisation from FRAMURAY and/or legitimate third party owners and the acceptance of the corresponding licence, where applicable, except for the

provisions relating to the rights recognised and granted to the user in these general terms and conditions.

If the guilty or negligent action or omission directly or indirectly attributable to the user of the website that causes the infringement of the intellectual and industrial property rights of FRAMURAY or third parties -whether or not there is any benefit for the user- causes FRAMURAY damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, FRAMURAY shall have the right to take action against the user by all legal means at its disposal and claim any compensation amounts that may result for its reparation, amounts of penalties or condemnatory sentences, interest for late payment, the cost of financing all amounts in which it may be harmed, the legal costs and the amount of the defence in any process in which FRAMURAY may be sued for the aforementioned causes, for the damages caused by reason of its action or omission, without prejudice to exercising any other actions that may correspond to it by law.

If you believe that your intellectual property rights have been infringed, please contact us.

 

2.6. HYPERTEXT LINKS OR HYPERLINKS

When introducing hypertext links to the website, the following conditions must be respected: (i) no false, inaccurate or incorrect statements or indications may be made about FRAMURAY and the services it offers; (ii) the link will only allow access to the FRAMURAY website, but may not reproduce them in any way. FRAMURAY reserves the right to disallow such a link if it deems it necessary; (iii) unless FRAMURAY grants authorisation, it shall not be implied that FRAMURAY has authorised the link or has in any way supervised or endorsed the content or services offered or made available on the website to which the link is established; (iv) the web page on which the link is established will not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to FRAMURAY, except for the signs that appear in the URL; (v) the web page on which the link is established shall not contain illicit information or content, nor shall it contain content that violates the rights of third parties; (vi) the establishment of the link does not in any case imply the existence of a relationship between FRAMURAY and the owner of the web page on which the link is established, nor the acceptance and approval by

FRAMURAY of the content or services offered therein and made available to the public.

The hypertext links that are included on the website are to inform the User of the existence of other sources of information on the subject on the Internet and thus facilitate their search, so they are never a suggestion, invitation or recommendation to visit the destination sites. FRAMURAY declines all responsibility with regard to the result.

This page, therefore, neither approves nor endorses the products, services, contents, information, data, files and any kind of material existing in such web pages or files and does not control and is not responsible for the quality, legality, reliability and usefulness of the information, contents and services existing in the linked sites and which are unrelated to this page.

In the event that it is deemed appropriate or in the event that a competent body declares the data to be unlawful, orders their removal or makes access to them impossible, or has declared the existence of the damage, and we have been expressly notified of the corresponding decision, the links indicated will be immediately removed.

 

2.7. PROTECTION OF PERSONAL DATA

FRAMURAY guarantees the confidentiality of the personal data provided by users and its processing in accordance with current legislation on the protection of personal data: Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD) and Royal Decree 1720/2007, of 21 December, approving the Regulations for the development of the LOPD (RDLOPD). In accordance with article 5 of the LOPD, the information on the content of the processing of user data is described in the Privacy Policy. The aforementioned information will allow the user to give their informed, specific and unequivocal consent in order for FRAMURAY to proceed with the processing of their personal data.

 

2.8. DURATION AND UPDATING

Access, content and services offered through the site are, in principle, for an indefinite period of time. However, FRAMURAY is authorised to terminate or suspend access, services and/or content at any time, without prejudice to the provisions of these general terms and conditions and any special conditions that may be established.

If these conditions of use of the website were to be replaced by others in whole or in part, these new general conditions or, where appropriate, the contracting conditions and/or the specific conditions, shall be understood to be accepted in an identical manner to that set out above. Nevertheless, the user of the website must access these general conditions and any others that may be established periodically in order to be aware of the successive versions that are included here, although it is recommended that the user accesses them each time he/she intends to access or make use of the services and contents of the website.

 

2.9. APPLICABLE LAW AND JURISDICTION

The general conditions set out in this document are governed by Spanish law. For the resolution of any conflict or discrepancy in the interpretation or application of these conditions, the Courts and Tribunals of the City of Madrid (Spain) shall have jurisdiction.

 

2.10. CONTACT US

The user may make any enquiries about this policy via our contact email address: atencion.framuray@outlook.com.