Legal Notice and Privacy Policy

This document contains the legal conditions governing the use of the website www.apartamentosmalagapremium.com. Likewise, the clauses contained herein shall be understood as general conditions, regardless of any specific conditions applicable to each service.

By contracting our services you are authorizing us to transfer your personal data to the company FLEXMYROOM INSURETECH, S.L., domiciled in Benidorm (03503 – Alicante), Calle Gerona, 13, Local CA 18, and with CIF number B42687616, with the sole purpose of protecting your reservation enjoying the services and insurance products offered. Only the data strictly necessary for the activation of the insurance (name and surname, identity number, postal address and contact information) will be transferred, in our common interest. This entity will cancel your personal data when the service has ended and the legally established deadlines have been met. You can exercise your rights of access, rectification, deletion, limitation of treatment, data portability, and opposition to treatment and not be subject to automated decisions at the email address datos@flexmyroom.com

1. Legal information

For purposes of the Spanish Law 34/2002, of 11 July, the service provider is:

Apartamentos Málaga Premium, S.L., whose registered office is at Calle Alameda Principal, número 25, planta 1, puerta izquierda, 29001 Malaga, Spain, and whose CIF (corporate taxpayer identification number) is B-02654531, registered in the Commercial Register of Malaga on page 92, volume 5977, sheet MA-157604, first registration.

Tourism registration number: A/MA/01722

Contact email: info@apartamentosmalagapremium.com

Contact phone number: (+34) 951 518 535

2. Status as a User

Anyone who uses and/or accesses this website is considered a User, which also implies acceptance, from that moment and without reservations, of the applicable terms and conditions contained in this legal notice.

Therefore, before using the website, the User should carefully read the general terms and conditions, as well as any applicable specific conditions.

The company reserves the right to amend the terms or conditions concerning a given piece of content or a certain service, as well as the associated specific conditions. To that end, the company must in all cases provide prior notice and comply with relevant legislation.

3. Booking procedure

Bookings will be made in accordance with the Information Society Services and Electronic Commerce Act, through the following steps:

Step 1: Selection of the dates of stay.

Step 2: Selection of the type and number of rooms and the number of people.

Step 3: Selection of additional services and extras, with an indication of the final price. Provision of personal data regarding the booking and the bank card that will be used to secure the booking. Confirmation of acceptance of the general conditions of the booking.

Step 4: Verification of the booking details.

Step 5: Processing and confirmation of the booking (displayed on page).

Step 6: Sending of an email containing the confirmation and booking details.

An electronic document formalising the booking will then be generated and emailed to the customer for the customer’s records, so that the customer may have full knowledge of and access to its content.

If there is any mistake in the customer’s personal information or in the booking details, the customer should inform the establishment via telephone or by sending an email to info@apartamentosmalagapremium.com.

Our booking procedure is available in the following languages: English and Spanish.

Any applicable specific conditions will be detailed with each service and/or booking, as necessary, particularly with regard to price, payment method and cancellation policy. The User must accept such conditions before formalising the booking or service.

The regulation concerning the right of withdrawal will not be applicable to bookings made and services contracted via this website; instead, the specific conditions relating to withdrawal from the offer will apply. Thus, the User is advised that, to exercise this right, it will be necessary to contact the establishment directly.

4. Use of the website

By accepting this legal notice, the User agrees to use both the website and its services and content in accordance with current regulations, the general conditions and any applicable specific conditions.

Regarding the content of this website, the following is prohibited:

• Reproduction, dissemination, copying, distribution, public communication or modification hereof, except where express authorisation has been given by the owner or where permitted by law;
• Any violation of intellectual or industrial property rights;
• Using the content for any commercial or advertising purposes;
• Any attempt to obtain the content of the website by any means other than those made available to users.

The User has the sole and exclusive responsibility of their use of www.apartamentosmalagapremium.com and the information contained on the website, meaning Apartamentos Málaga Premium, S.L., is exonerated from any responsibility for any damage or loss that the User or other third parties may suffer as a result of use that goes against this legal notice and the specific conditions that apply to each service.

Apartamentos Málaga Premium, S.L., shall reserve the right to exclude any user from accessing the website for the violation of the law or the terms, without the need for prior notification, and may initiate legal proceedings where necessary.

5. Links to other websites (hyperlinks)

The website www.apartamentosmalagapremium.com may contain links to other websites that are managed and controlled by third parties and have been made available to users. The purpose of these links is to facilitate navigation on the internet and the search for information, content and services for users. However, Apartamentos Málaga Premium, S.L., does not consider the content on these websites as its own and does not assume responsibility for it in any way.

Likewise, Apartamentos Málaga Premium, S.L., is not responsible for how other people or entities use its website or for any hyperlinks they might create that lead to its website. The third party shall be fully responsible for these and for their compliance with the applicable legislation.

6. Intellectual property

All trademarks, logos and trade names, as well as the content and information appearing on the website, are the property of Apartamentos Málaga Premium, S.L., and are subject to the applicable legislation on industrial and intellectual property; their reproduction or use is therefore prohibited without express prior authorisation. It shall in no case be construed that these have been assigned to the User. Use of or access to this website or its services by the User does not grant any right over them in any case.

High security standards are implemented to safeguard the content of the website, without prejudice to extraordinary situations or circumstances that may arise and that are external to the company and beyond its control; for these, the company may therefore not be held responsible. The User should notify the company regarding any suspicions they may have via the email address info@apartamentosmalagapremium.com.

Apartamentos Málaga Premium, S.L., is the owner of the web domains used for this website, and these are likewise protected and subject to applicable legislation.

Regarding content belonging to third parties, it will be the sole responsibility of the relevant third party to ensure the content complies with legislation regarding intellectual or industrial property rights.

7. Disclaimer

Apartamentos Málaga Premium, S.L., is in no case responsible for nor does it guarantee the reliability, availability or continuity of the services offered to the customer via its website. Nevertheless, Apartamentos Málaga Premium, S.L., shall provide assistance, within its capabilities, to users experiencing technical issues, without this implying its assumption of responsibility for damages or losses derived from the use of and access to this website or its continuity, reliability or availability. For the purpose of resolving any complaint or query, the User may contact the company via the email address info@apartamentosmalagapremium.com.

Apartamentos Málaga Premium, S.L., has no obligation to verify that the content on this website does not contain viruses or other elements that may harm or alter the software or hardware of users. Apartamentos Málaga Premium, S.L., therefore accepts no liability for any possible damages or losses that may arise.

In the same way, the company does not provide any guarantee or assume liability for the opinions that users may share in forums and message boards that have been enabled on the website. The company also assumes no responsibility for users’ use of the website, its services or content where such use is unlawful, fraudulent, negligent, or contrary to these General Conditions, good faith, generally accepted uses or public order.

8. Personal data protection For the purposes of the provisions of EU Regulation 2016/679.

Apartamentos Málaga Premium, S.L., as the entity responsible for processing your data, informs you that your personal data will be processed in accordance with the principles of transparency, limitation of purpose, data minimisation, integrity and confidentiality, complying with the rest of the obligations and guarantees established in Regulation (EU) 2016/679 of the European Parliament and the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data.

In compliance with this regulation, you are hereby informed of the following aspects in relation to your rights to the protection of your personal data.

WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA?

Entity: Apartamentos Málaga Premium, S.L.

CIF (corporate taxpayer identification number): B-02654531

Registered address: Calle Alameda Principal, número 25, planta 1, puerta izquierda, 29001, Málaga, Spain.

WHAT PERSONAL DATA DO WE PROCESS AND WHY?

For what purpose and for how long do we process your personal data?

Your personal data will be processed for the following purposes:

• To conduct business, that is, to provide services, offer personalised products and services, process requests received via the website and to improve the commercial relationship, for the ultimate purpose in all cases of aiming for the perfect fulfilment and attainment of our objectives.
• To participate in fraud prevention activities. Data collected for this purpose shall be retained for a period of 10 years.
• To process the sending of commercial communications by electronic and/or conventional means, unless the user indicates their opposition to this purpose by checking the appropriate boxes or, as the case may be, if they oppose or revoke their consent.

What personal data do we process?

Apartamentos Málaga Premium, S.L., processes the following types of personal data:

• Identifying data (name, surname, ID, address, email address, etc.)
• Data on personal characteristics (date of birth, sex, nationality, etc.)
• Data on social characteristics (interests, lifestyle, marital status, etc.)
• Commercial data
• Financial data

The provision of requested personal data is obligatory, meaning refusal to provide such data will make it impossible to render the contracted services.

ON WHAT LEGAL BASIS DO WE PROCESS YOUR DATA?

The legal basis for the processing of your personal data by Apartamentos Málaga Premium, S.L., to provide service is the proper performance of the contract, as this would otherwise be impossible.

Regarding the processing of your data for the purpose of fraud prevention, this is a legal obligation.

However, the legal basis for the sending of commercial communications about products and services similar to those procured is the consent requested from the customer, which the customer may withdraw at any time if the processing of their data is not based on legitimate interest. The withdrawal of your consent shall, however, not affect the lawfulness of processing based on your consent before your withdrawal. The consent obtained for the purposes mentioned is given independently, meaning you can withdraw your consent for either one or more of the purposes, without affecting the others.

WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

Your data may be disclosed to:

• Public authorities, in cases provided for by the law.
• The State Security Forces and Corps (Fuerzas y Cuerpos de Seguridad del Estado) and the National Intelligence Centre (CNI) of Spain, in accordance with the law.
• Banks and financial institutions, for the payment of the service provided.
• Other companies belonging to the corporate group, for internal administrative purposes and the processing of the contracted products and services.

WHAT ARE YOUR RIGHTS?

You can email us at privacidad@grupopremium.es, with “Data Protection” as the subject and a copy of your ID attached, to exercise the following rights at any time, free of charge:

• Revoke the consent given
• Obtain information on whether personal data concerning you is being processed or not
• Access your personal data
• Rectify incorrect or incomplete data
• Request the erasure of your data, when the data is no longer needed for the purposes for which it was collected, among other justifications
• Restrict the processing of your data, if a condition provided for in data protection legislation has been met
• Object to the processing of your data, in certain circumstances and for reasons related to your personal situation (specifically, when data is being processed for commercial purposes or for the purposes of fraud prevention) Apartamentos Málaga Premium, S.L., will cease to process your data unless compelling legitimate reasons exist, or for the exercise or defence of possible claims.
• Request the transfer of your data
• File a claim relating to the processing of your personal data with the Spanish Data Protection Agency

9. Applicable legislation and jurisdiction

This legal notice is governed exclusively by Spanish Law.

Both the company, Apartamentos Málaga Premium, S.L., and the User of its website expressly waive any other jurisdiction and agree to submit to the jurisdiction of the Courts and Tribunals of Malaga for the resolution of any dispute or litigation that may arise as a result of the provision of the service of this website and its content as well as about interpretation, applicability, compliance or non-compliance of what is established herein.