Legal Notice
LEGAL NOTICE:
Legal Notice and General Terms and Conditions of Contract
1. Scope of application.
This document governs the rules for using https://www.malagadevacaciones.com/ (hereinafter
referred to as the "Site"), including all content within the domain and its subdomains. It also
establishes the general terms and conditions for contracting services via our online store.
By using the Site, you become a User and accept these legal conditions. You may
review our website and notices at any time. Please read them carefully and bear in mind
that they are subject to change. Placing an order implies acceptance of these
conditions; therefore, we recommend reading them each time you make a purchase.
You may review these texts at any time.
Use of our online store—whether as a visitor or a registered member—and following the
steps to place an order implies the user's agreement to these Conditions,
except in the case of unfair terms, which shall be deemed null and void.
These Conditions apply from the moment the contract is initiated until the expiration of
legally established withdrawal periods and warranty terms.
2. Website ownership and notifications.
Site Owner: Málaga de Vacaciones GB, S.L. Tax ID (CIF): B72644222.
Address: Avenida Camarón de la Isla 2, Portal 23, 3B, Postal Code 29016, Málaga.
Telephone: 653423751 Email: info@malagadevacaciones.com
Registered in the Mercantile Registry of Málaga: Volume 6251, Book 5158, Folio 140, Section 8, Sheet
MA170645. Entry 1.
3. Intellectual and industrial property.
We hold intellectual property rights over all content on the Site or possess the
appropriate authorization to use it.
All trademarks or distinctive signs used are protected by law; Unauthorized reproduction, distribution, commercialization, or transformation of the Site's content constitutes an infringement of intellectual and industrial property rights.
Such unauthorized use, as well as any resulting damages, may lead to legal action and, where applicable, the enforcement of resulting liability.
4. Diligent conduct by the Site owner regarding the exclusion of liability.
The client must evaluate the content, programs, information, and/or advice presented on this site and make their own purchasing or contact decisions. We wish to reaffirm that we will implement all appropriate security measures, in accordance with the current state of the art, to prevent third parties from making fraudulent use of the website; however, we cannot entirely eliminate certain risks.
Likewise, we strive to ensure our content is accurate and unambiguous, avoiding typographical errors in our offers or services; should any such errors be detected, they will be corrected as soon as possible, and clients who made a purchase based on an error will be notified.
We may publish content or services provided by third parties or companies, provided we have carried out the necessary checks to ensure the content is truthful, accurate, and compliant with current regulations. We will remove such links as soon as we become aware that they violate current regulations or could cause you potential harm. We advise you to exercise caution and consult the legal terms and conditions of those websites.
Although we implement all necessary security measures, our liability is one of means rather than results; therefore, we cannot guarantee the absence of viruses or other elements on the website that might alter your computer system. Consequently, we shall be exempt from contractual or non-contractual liability toward users, provided we have proactively implemented all technical measures within our reach and—once an incident has occurred—work diligently to minimize its impact on your rights and freedoms from the moment we become aware of its existence. Users always retain the right to pursue any legal claims they deem appropriate; nothing in these terms and conditions limits those rights in any way. However, in the event of any damage caused by computer viruses or attacks, liability rests with the party responsible for the attack. Please notify us if you detect any issues or unlawful content on our website.
5. Bookings and liability.
Consumers or users may make bookings via the portal. Our services are categorized, and information regarding their features and pricing—along with one or more descriptive photographs—is displayed on the screen. Before making a booking, the user must review this information and determine whether the service meets their needs. Additionally, the user must be at least 18 years of age, provide the necessary information, and accept these Conditions.
Completion of the booking form by the user does not imply automatic acceptance of the request; acceptance occurs only when an email acknowledging the request is sent.
6. Booking procedure:
The customer must follow the on-screen instructions and fill in the required fields until the agreed-upon room and dates appear; this entails no purchase obligation at this stage. The booking can be viewed or deleted. Users may change the dates, length of stay, room, currency, or language.
During the search process, the website will provide guidance via notifications, such as those regarding minimum stay requirements.
To proceed with the booking, the customer must select the accommodation and click the "PAY" button (or similar). Various additional services may be added.
Subsequently, a field will appear for entering personal details. After entering credit card information, the customer must accept the Legal Notice and general terms and conditions, as well as the specific conditions applicable to the chosen booking format (key terms will appear in a drop-down menu), and click the "CONFIRM" button (or similar). This action constitutes a purchase involving an obligation to pay and confirms the transaction.
Help pages available during the process provide the customer with additional information regarding the booking procedure. Prior registration is not required.
Once a booking is formalized and payment of 50% of the total amount—excluding extra costs such as cleaning, parking, etc.—has been received and verified, we will confirm acceptance of the booking via email within 24 hours of confirmation.
The booking is formalized upon your arrival at the accommodation. The remaining 50% of the total amount, plus any extra charges, will be collected 15 days prior to your arrival at the selected apartment. If a reservation is made less than 15 days in advance, the full amount will be charged immediately upon booking; you will also receive an email containing all reservation details once the payment has been processed.
The contract terminates once you vacate the accommodation.
Guarantees and data will be retained for legal and/or commercial purposes, provided you accepted or requested the latter.
For any additional information regarding your reservation or billing, please contact Customer Service or use the address provided at the beginning of this text.
We will provide you with an invoice at the end of your stay.
7. Online and in-person check-in:
Standard check-in time is from 12:00 PM to 10:00 PM, unless the specific conditions for the accommodation state otherwise.
Arrivals after 10:00 PM may be subject to a surcharge ranging from €20 to €30, depending on the accommodation.
Standard check-out time is before 12:00 PM.
Check-in and check-out times may be flexible subject to accommodation availability and prior agreement with the Site.
The client must communicate their approximate arrival time at least two days in advance. Additionally, the client must contact the Site by phone at least 30 minutes before arriving at the accommodation—or after collecting their luggage at the airport—to coordinate key handover.
At check-in, it is mandatory to present a national ID card, passport, or other valid official identification document for the reservation holder and all guests above the age required by current regulations, in order to comply with legal traveler registration obligations.
Vacating the accommodation after the established time without express authorization from the Site may result in a charge for an additional night. 8. Specific terms and conditions:
All prices are displayed in euros (€).
Prices are subject to change based on the season, demand, availability, or special events; the Site reserves the right to modify prices at any time prior to the formalization of the booking, with updates reflected automatically on the website.
The applicable price shall always be the one in effect at the time the booking is confirmed.
1. Minimum stay
The minimum stay requirement may vary depending on the accommodation and the specific season.
This information will be available in the description for each accommodation.
The Site may modify minimum stay requirements based on occupancy and demand.
2. Security deposit
Certain accommodations may require a security deposit of between €200 and €300, payable in cash or via a credit/debit card hold during the check-in process. The specific amount will be indicated in the description of the relevant accommodation.
Upon completion of the stay, the accommodation will be inspected to verify its condition and cleanliness, and to ensure there is no damage or loss of items.
If there are no issues, the deposit will be refunded using the same method originally used for payment.
Loss of keys may result in a charge of €50, in addition to any actual costs incurred for replacing the locking system.
The client agrees to leave the accommodation in a reasonably tidy condition, removing trash and leaving the keys in the location specified at check-in.
3. Modifications requested by the client
Requests to modify dates, the number of occupants, or any other condition of a confirmed reservation will be accommodated subject to availability.
Reducing the length of stay or the number of occupants does not entitle the client to a reduction in the originally agreed price.
If the client wishes to change accommodation, they must cancel the existing reservation in accordance with the applicable cancellation policy and make a new reservation.
4. Cancellations
Cancellations or modifications must be communicated exclusively in writing via email.
Amounts paid are non-refundable if the cancellation is communicated less than 15 days prior to the scheduled arrival date.
Where a refund is applicable, it will be processed via bank transfer within a maximum of seven business days.
Failure to arrive on the scheduled date without prior notice will result in the full cost of the reservation being charged.
Cancellations due to force majeure must be substantiated by documentation—such as a certificate or proof issued by the competent official authority—and communicated no later than 48 hours before arrival.
In exceptional cases involving official restrictions that objectively prevent travel or the enjoyment of the stay (such as border closures or legally imposed mobility restrictions), the Site will assess each case individually and, where appropriate, issue a full refund of the amounts paid.
5. Cancellations by the Site
If it is impossible to provide the reserved accommodation for reasons not attributable to the client—including overbooking or unforeseen circumstances—the Site will, whenever possible, offer alternative accommodation of equal or superior quality. If this is not possible, or if the client rejects the alternative offered, a full refund of the amounts paid will be issued, with no entitlement to additional compensation.
6. Equipment, cleaning, use of the accommodation, and liability
Standard utility costs (water, electricity, and gas) are included in the price of the stay.
All accommodation units will be provided clean and equipped with sufficient bed linen and towels for the duration of the booked stay.
For stays of ten days or longer, a change of bed linen and towels will be provided.
Upon completion of the stay, the client must leave the accommodation in a reasonable state of order and cleanliness. Failure to do so may result in the Site deducting any necessary extraordinary cleaning or repair costs from the security deposit.
Any costs arising from leaving keys inside the accommodation or from actions required to regain access to it shall be borne by the client.
The client agrees to use the accommodation responsibly, respecting rules regarding neighborly conduct, quiet hours, and proper use of the property.
Parties, bachelor/bachelorette parties, or similar events are strictly prohibited, as is accommodating a number of people exceeding the unit's maximum authorized capacity
(excluding children under two years of age, where applicable).
Serious non-compliance with these obligations may result in the immediate termination of the stay, with no right to a refund of amounts paid.
The client shall be held liable for any damage caused to the accommodation, furnishings, or common areas by themselves or by any member of their group.
We accept no liability for loss, theft, personal injury, fire, actions by third parties, terrorist attacks, civil unrest, natural phenomena, or other events constituting *force majeure* or unforeseeable circumstances.
Items left behind in the accommodation will be kept for a maximum period of two months, after which they may be disposed of or handled at the Site's discretion.
9. Price and method of payment. Prices are quoted in Euros and apply individually to each purchasable item; they remain valid as long as the items are accessible on the website. Applicable taxes are included in the product price.
Payment is made via credit card. All commercial transactions are conducted in a secure server environment using the SSL (Secure Socket Layer) protocol and complying with PSD2 (Payment Services Directive EU 2015/2366) regulations, ensuring the security and privacy of your data.
Additional costs are itemized in the shopping cart; the user must review and accept them before finalizing the order.
We will send you an email confirming receipt of payment within 24 hours.
10. User obligations.
Commercial use of services involving registered trademarks is expressly prohibited, unless
authorized by us or the trademark owner.
The user agrees to pay the price.
The user must maintain the confidentiality of their password and notify us immediately if
they suspect unauthorized use of their account, so that we may assist them.
Furthermore, the user agrees not to use another person's account, username, or password;
please note that such actions could result in legal consequences.
11. Website owner obligations.
The owner agrees to make necessary information regarding the services available to the user
and, once the purchase is made, to send an email confirmation acknowledging
receipt of the order and confirming payment.
Additionally, an invoice will be prepared and provided to the consumer.
12. Right of withdrawal.
You are contracting accommodation services for purposes other than residential housing,
under a contract specifying a particular date or period of performance; therefore, there is
no right of withdrawal. This is regulated by Article 103, letter l), of Royal Legislative
Decree 1/2007, of November 16, approving the consolidated text of the General Law
for the Defense of Consumers and Users.
13. Terms of use and liabilities.
It is prohibited to overload, damage, or disable the networks, servers, and other computer systems
or software belonging to the owner or third parties, or to act in a manner harmful to their
property or interests.
If you become aware that hyperlinks lead to websites containing illicit, harmful,
derogatory, or violent material, or content contrary to moral standards, please contact us. If you submit any information to us, you warrant that it is accurate and does not infringe upon the rights of third parties or violate applicable law.
You agree not to reproduce, distribute, transform, modify, or manipulate the content, nor the technical protection or configuration mechanisms of the Site. Furthermore, you must not use any means other than those we have made available to you to obtain materials, information, or files included on the Site.
You are responsible for your use of items acquired through the Site; please use them in accordance with the provided instructions and recommendations. You will be liable for any damages arising from improper or incorrect use, except in cases involving our gross negligence, fraud, or breach of our obligations. You always retain the right to file any claims you deem appropriate.
You will be held responsible for your actions, specifically regarding:
Any acts that contravene the provisions of these general conditions, the law,
morality, generally accepted customs, and/or public order.
Any act performed in a manner inconsistent with the indications or
instructions regarding the operation and use of the product or service.
The veracity, accuracy, validity, and currency of the data provided in any of
the forms required on the website.
Direct or indirect damages caused by any third party if the user
disclosed, was negligent with, or in any way allowed a third party to access
their personal data due to reasons attributable to the user, or failed to
implement adequate measures to protect said data.
14. Right to refuse an order.
We reserve the right to refuse or not provide the service when we consider that there is an
objective violation of applicable regulations, these general conditions, morality, generally
accepted customs, or public order; when a third party is harmed; or when, for reasons
related to our own image and reputation, we deem it inappropriate.
This may also occur if:
-The client has outstanding payments.
One of the specified grounds must always apply; therefore, this does not mean that the
execution of the contract is subject solely to our discretion. Furthermore, you retain the right
to lodge a complaint with the appropriate authorities, without any diminution of your rights.
The user will always be informed and offered viable, legal alternatives; if the user does not
accept them and payment has already been made, a refund will be issued.
15. Information and modification.
We comply with the obligation to provide prior information, as we have made this text available
to interested parties before the contract is entered into. These terms and conditions remain in effect for as long as they are displayed, until such time as the terms and conditions stipulated herein are unilaterally modified in whole or in part; the user is required to consult our General Terms and Conditions of Sale and the specific terms for the services each time they access our online store.
Orders currently in progress or already placed shall be governed by the terms and consumer regulations published at the time the contract was entered into.
If you are a registered user, you must accept the updated terms before placing a new order.
If any clause is declared void, it shall be deemed not to exist without affecting the remaining terms and conditions, and without limiting the user's right to file any claims they deem appropriate.
16. Assignment and subrogation.
We may engage service providers, and collaborate with or assign formalized contracts to third-party entities, to supply all or part of the products committed to under the various transactions being formalized. This shall not diminish our liability regarding the contracted services or products.
17. Termination and rescission.
This contract shall terminate when both parties have fulfilled the obligations undertaken therein, or when it is rescinded by either party due to the occurrence of any of the grounds provided for rescission, or if the counterparty commits a material breach of any of the obligations established in the contract.
18. Applicable law, jurisdiction, and validity.
This Legal Notice and the General Terms and Conditions of Contract are drawn up in Spanish and are governed in all respects by Spanish law.
As a consumer, you are protected and may file claims or lawsuits from your place of residence.
Both parties submit to the jurisdiction of the Courts and Tribunals of Málaga (Spain) if:
• You reside outside the European Union and there is no agreement between your country and Spain preventing the express agreement on jurisdiction;
• The transaction is a sale carried out by a company acting within the scope of its business or professional activity (since you would not be considered a consumer).
19. Limitation period and lack of conformity.
Consumers have up to five years to exercise their rights in the event of non-conformity. In the event of a lack of conformity, you have up to two years to notify us that the good, content, or digital service does not conform to the contractual agreement.
If the service is expected to evolve while being provided, we will inform you of this prior to purchase.
20. Online Dispute Resolution.
In accordance with EU Regulation 524/2013 on online dispute resolution for consumer disputes (ODR), we inform you that, as a consumer, you have access to a procedure for resolving disputes arising from online contracts within the EU.
EU ODR (Online Dispute Resolution) Platform: http://ec.europa.eu/consumers/odr/
