Legal notice and terms of use

Legal notice and terms of use

Access to the website www.formotor.com confers the status of USER and implies full and unreserved acceptance, from such access and/or use, of this legal notice and the privacy policy in their latest version, without prejudice to the General Terms and Conditions of Contracting which, where applicable, must be complied with. We therefore recommend that you read these documents before using the functionalities offered by this Website, as well as each time you access it, since we reserve the right to change, modify, add or remove part of these conditions at any time.

Mere access to this Website does not in any case imply the existence of a commercial relationship between the user and the website.

  1. WEBSITE OWNER

For the purposes of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following information is provided regarding the owner of this Website:

  • Website Owner: FORMENTERA MOTOR, S.L. (hereinafter FORMOTOR)
  • Registered address: La Savina, 07870 Formentera (Balearic Islands), Spain
  • Tax ID No. B07609951
  • Registration details: Registered with the Commercial Registry of Eivissa, Volume 22, Book 22, Section 8, Folio 171, Sheet IB-1035, Entry 2.

In addition to the registered address, the following channels are made available to users for submitting their requests, queries or complaints:

  • Website contact form
  • La Savina Office Tel. – 0034 971 32 29 29
  • Es Caló Office Tel. – 0034 971 32 70 48
  • Garage Tel. – 0034 971 32 22 42
  • Telefax – 0034 971 32 27 52
  • Email – rent@formotor.com
  1. TERMS OF USE
  2. Introduction. FORMOTOR offers vehicle hire services on this website. By accessing and using this website, you agree to be bound by the conditions set out below, and you are therefore advised to read this section carefully before you begin browsing.
  3. User Obligations. Users undertake to use this Website lawfully, in accordance with these conditions and in such a way as not to prejudice the rights or interests of FORMOTOR or third parties. By way of example, and in no way limited or exclusive, the User also undertakes to:
  • Not engage in illegal activities or activities contrary to public order or good faith;
  • Not use the data published on the Website to send unsolicited communications (spam).
  • Not introduce or disseminate on the website false, misleading, ambiguous or inaccurate information or content in such a way as to mislead recipients of the information, nor disseminate content of a racist, xenophobic, pornographic nature, advocating terrorism or infringing human rights or the rights of minors;
  • Not carry out actions that involve or entail a breach of the intellectual property rights of FORMOTOR or third parties;
  • Not cause damage to the physical and logical systems of FORMOTOR, its suppliers or third parties;
  • Not introduce or spread computer viruses on the network or use any other physical or logical systems likely to cause the aforementioned damage.
  • Not remove, alter, bypass or manipulate any protection device or security system installed on the pages of this Website
  1. Exclusion of liability. This Website is provided “as is” and its use is at the User’s own risk. Therefore, neither FORMOTOR, nor its directors, employees, suppliers or collaborators shall be liable for damages of any kind, whether direct or otherwise, arising from the use of the Website, FORMOTOR expressly excluding, to the fullest extent permitted by law, any kind of warranty, whether express or implied.

FORMOTOR does not guarantee the availability and accessibility of the Website, although it will make all reasonable efforts in this regard. On occasion, interruptions may occur for the time necessary to carry out the corresponding maintenance operations.

FORMOTOR accepts no liability for any damage arising from interference, interruptions, computer viruses, telephone breakdowns or telephone disconnections caused by factors beyond the control of the aforementioned entity; delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing centre, telephone lines, the Internet system or other electrical systems; nor for any other alteration that may occur in Users’ Software or Hardware. Nor does it guarantee the absence of viruses, malware, trojans or other elements that may cause alterations to the User’s computer system, documents or files, excluding any liability for damage of any kind caused to the User for this reason. Likewise, FORMOTOR shall not be liable for damage caused by third parties through unlawful interference beyond its control.

Nor shall it be liable for damages caused by the use or misuse of the contents of the Website, or for the consequences that may arise from errors, defects or omissions in the contents that may appear on this Website and that are provided by Users themselves or other third parties. FORMOTOR assumes no obligation or liability whatsoever in respect of services not directly provided by it.

  1. External links. Under no circumstances shall FORMOTOR assume any liability for the contents of links belonging to external websites, nor shall it guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity and legality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections shall not imply any kind of association, merger or participation with the connected entities.
  2. Denial of access and cancellation of accounts. FORMOTOR reserves the right to deny access to the Website, as well as to suspend or cancel the accounts of those Users who breach these conditions; in the event of unforeseen technical or security problems; account inactivity for a significant period of time; or in compliance with a police, judicial or administrative request and/or order.

Such cancellation or suspension shall be carried out at the sole discretion of FORMOTOR and shall not give rise to any kind of compensation.

  1. Blog, forums and publication of comments. The use of any participatory functionalities made available on the Website shall be at the Users’ own responsibility. Pursuant to Article 16.1 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, FORMOTOR accepts no responsibility for information stored at the request of users, and in particular in relation to opinions expressed, nor for the accuracy, quality, reliability and correctness of the information that users incorporate. FORMOTOR reserves the right to remove or not publish any comments and contributions that breach these terms of use and especially those that infringe respect for human dignity, are discriminatory, xenophobic, racist or pornographic, that threaten youth or childhood, public order or safety, or which, in its opinion, are not appropriate.
  2. Processing of personal data. Users consent to the processing of their personal data to the extent and on the terms indicated in our privacy policy, which is available on the Website’s home page, said policy also being incorporated into these conditions by reference. In that policy, Users will find information on how to exercise their rights of access, erasure and rectification of their personal information, as well as the right to object to its processing.
  3. Intellectual property and copyright. Without prejudice to the content provided by Users themselves or content over which third parties hold intellectual rights, the intellectual property rights over the Website, the domain name, its source code, design and navigation structure and the elements contained therein (including, by way of example, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, etc.) belong to FORMOTOR , which exclusively holds the rights to exploit them in any form, and in particular the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of the current Intellectual Property Law. The reproduction, distribution and public communication, including making available, of all or part of the contents of this website on any medium and by any technical means, without the authorisation of FORMOTOR or, where applicable, of the third parties holding the intellectual property or copyright over the affected content, are expressly prohibited. Notwithstanding the foregoing, the user of the website may view the elements of this Website and even print, copy and store them on the hard drive of their computer or on any other physical medium provided that this is solely and exclusively for their personal and private use. Those entities or persons who, with prior authorisation from the owner of this website, intend to establish a link to it must ensure that such link only allows access to this Website or service but does not reproduce its contents and services.
  4. Invalidity of clauses. If any clause of these terms of use were declared void, this shall only affect that provision or the part declared void, the remainder of the terms continuing in full force and effect, and such provision, or the affected part thereof, being deemed not to have been included.
  5. Acceptance. Access to the Website and its use necessarily imply that each and every one of these terms of use is expressly accepted by you.
  6. Applicable law and jurisdiction. Without prejudice to the rights recognised to consumers by Royal Legislative Decree 1/2007, of 16 November, this website shall be governed by Spanish law, excluding its conflict of law rules, and any dispute that may arise from its use or the services linked to it shall be submitted to the jurisdiction and competence of the Courts and Tribunals having jurisdiction according to the domicile of the owner of the Website, the users expressly waiving their own jurisdiction, should they have one.

The European Commission provides an online dispute resolution platform aimed at consumers, which they may access through the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Version 1.0 – December 2017

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