LEGAL DISCLAIMER

This Legal Disclaimer, which is available both in English and in Spanish, seeks to establish the General Use Conditions of the website www.laodiseadelahistoria.com and of the services offered to the Users. It shapes and governs the General Use Conditions, exclusion from liability and the obligations of the above mentioned website Users. These conditions may change, so Users should read them each time they access to the website.

These General Use Conditions, and its possible hiring, do not exclude the possibility of new applying conditions, called particular use conditions (hereinafter called Particular Conditions). These conditions will apply when some services, for its particular characteristics, need it.

The use of the Services offered by www.laodiseadelahistoria.com implies the adhesion and express acceptance of the General Use Conditions and of the Particular Condition that could apply.

The use of www.laodiseadelahistoria.com is exclusively reserved to adults (aged up to 18).

This Legal Disclaimer is subject to changes and updates. That means that the published version may be different each time Users access the website. For this reason, Users should read the Legal Disclaimer every time they access the website.

According to Section 10 of the Spanish Law 34/2002, of 11th july, on Services of the Information Society and Electronic Commerce, Moisés Hidalgo García and Carlos Jiménez Barea, as owners and managers of the website www.laodiseadelahistoria.com, would like to inform you about the identifying data required by the referred law:

 

  1. IDENTIFICATION

Corporate name: Moisés Hidalgo García (48.990.366-K) y Carlos Jiménez Barea (49.090.346-C).

E-mail address: info@laodiseadelahistoria.com

 

  1. CONDITIONS FOR ACCESS AND USE OF THE WEBSITE www.laodiseadelahistoria.com

Definitions:

User: any use of a Service of this website turns you into an User.

Registered user: the use of the Services of www.laodiseadelahistoria.com for joining the activities of La Odisea de la Historia, as well as the registration to these ones, confers the condition of Registered User. An username and a password may be given in order to perform any action related to your registrations.

Need to register: there is no need to register in case you are consulting the website with a general purpose. However, the use of some Services may require the user previous registration. This registration will be done as it is mentioned in the Service itself or in the applying Particular Conditions.
Insertion of links:

People who would like to establish links between their website and www.laodiseadelahistoria.com should follow these conditions:

  • There is no need to be previously authorized when the Link only allows the access to the Home page, but one cannot reproduce it. The establishment of a Link on a website other than this shall require the prior and written authorization of La Odisea de la Historia.
  • Frames will not be created either with the webpage or upon the website wwlaodiseadelahistoria.com
  • Fake, inaccurate or offensive manifestations aboutlaodiseadelahistoria.com will not be made, neither about its CEOs, employees, collaborators, people related to the website for any reason, Website Users or its contents.
  • It cannot be declared thatlaodiseadelahistoria.com has authorized the set of a Link or has supervised or assumed in any way the offered Contents or displayed through the website in which the Link is established.
  • The website in which the Link is established can only contain the strictly necessary information to identify where the link directs to. The website in which the Link is established will not contain illicit, morally offensive or contrary to the public order or good manners information and contents. The website cannot contain contents which are contrary to third parties. La Odisea de la Historia reserves the right to delete the links to third parties’ websites included in advertisements.

 

Use of www.laodiseadelahistoria.com and its services:

Common obligation to all types of users. Users acknowledge and accept that the use of the contents and/or services offered on the Site (www.laodiseadelahistoria.com) will be at their own risk and/or liability.

Users undertake to use the Site and all its contents and services in accordance with law, morality, civil order and the Terms of Use. Similarly, Users undertake to make proper use of the services and/or contents of the Site which shall not be used under any circumstances for illegal purposes or for purposes which may constitute a crime or a threat against third parties´ rights and/or constitutes an infringement of the intellectual and industrial property rights protected by law or any other regulations of the applicable legal code.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS 

All the contents, elements and information that Users may access through the Site (www.laodiseadelahistoria.com) are subject to intellectual property rights. Access to said contents and elements by means of Site services does not grant Users the right to alter, modify, exploit, reproduce, distribute or publicly communicate said contents nor any other right that corresponds to the title holder to the right in question. Users undertake to use the contents and/or elements they may access through Site services for their own use and needs, and undertake not to engage in any commercial exploitation of them, directly or indirectly, under any circumstances.

  1.  EXCLUSION FOR GUARANTEES AND LIABILITY:

Availability of the Page. www.laodiseadelahistoria.com does not guarantee the availability and continuity of the Website operation and of the services or Contents offered on it. La Odisea de la Historia does not guarantee that the content existing on its Website is updated either. However, the team will make its best to repair any inconvenience. Therefore, www.laodiseadelahistoria.com is not responsible for the damages or losses of any kind that the User suffers that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Site service during the provision of the service or prior to it.

La Odisea de la Historia (www.laodiseadelahistoria.com) excludes any liability for damages of any kind that may be due to the lack of availability, continuity or quality of the Website operation and the Contents, due to the non-fulfillment of the expectation of usefulness that Users may have attributed to the Page and the Contents.

In no case shall the company be liable for any damages and losses of any type that could arise from the presence of a virus or other elements. Users are responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs, therefore, the company is not responsible for possible security errors that may occur during the provision of the Site’s service, nor for the possible damages that may be caused to the computer system of Users or third parties (hardware and software), the files or documents stored in it as a consequence of the presence of viruses in Users’ computers used for the connection to the Services and contents of the Web, a malfunction of the browser or the use of non-updated versions thereof.

Quality of the site. The information contained in the pages is only informative and advisory. In no case do they offer or have the nature of a binding or contractual commitment.

Limitation of liability. La Odisea de la Historia excludes all responsibility for the decisions that Users may take based on this information, as well as for possible typographical errors that may be contained in the documents and graphics of the Site. The information is subject to possible periodic changes without prior notice of its content by extension, improvement, correction or update of them.

Availability of contents. The Services of the Site and the Contents has indefinite duration. However, La Odisea de la Historia is authorized to terminate or suspend the provision of the service of the Page and/or any of the Contents at any time. When it is reasonably possible, the termination or suspension of the Page will be previously notified.

User’s behaviour. La Odisea de la Historia does not guarantee that Users use the contents and/or services of www.laodiseadelahistoria.com in accordance with law, morality, public order, or these Terms and Conditions and, where appropriate, the applying Particular Conditions.

As our company is committed to transparency and to proper use of the Site, if Users detect any anomalous facts or behavior, you can notify us, anytime, by email (info@laodiseadelahistoria.com), in order to adopt the appropriate measures and the cessation of illegal or contrary to the morals activities and good manners that Users may be carrying out.

  1. CONTENS AND SERVICES OF LA ODISEA DE LA HISTORIA 

This company will only and exclusively respond to the Services provided by itself and the contents directly originated by La Odisea de la Historia and identified with its copyright. It will be limited at most, for all concepts, to the amount paid directly by Users to La Odisea de la Historia, excluding in any case liability for indirect damage or loss of profits.

This liability shall be excluded in cases in which force majeure causes occur or in the cases in which the configuration of Users’ equipment is not adequate to allow the correct use of the Internet services provided through www.laodiseadelahistoria.com.

  1. CONTENTS AND SERVICES OF THIRD PARTIES

La Odisea de la Historia does not previously control, approve, or endorse the contents, services, opinions, communications, data, files, products and any kind of information of third parties, legal or physical persons, displayed in the Site.

Likewise, it does not guarantee the reliability, usefulness, veracity, accuracy, completeness and topicality of the contents, information and third party services on the Site. All videos, photographs, files, etc. with images, sounds or opinions contrary to the law, good faith, morals and generally accepted good manners, will be removed immediately.

To be able to control the content, we ask Users to inform us by email to info@laodiseadelahistoria.com of any content that may be in bad taste or offensive to morals and good manners.

Including, but not limited to the following, La Odisea de la Historia shall not be liable for damages of any type whatsoever arising from:

  1. a) infringement of intellectual or industrial property rights by the advertisers or owners of the third parties properties;
  2. b) the execution of acts of unfair competition or illicit advertising by the advertisers or owners of the third parties properties;
  3. c) defective performance or non-performance of the contractual undertakings acquired by the advertisers or the owners of the third parties properties;
  4. d) the vices and defects of all types of services provided by third parties through the laodiseadelahistoria.com;
  5. e) any damage to Users caused by viruses or any other element of the contents and services offered by third parties and which may produce changes in the computer system, electronic documents or user files.

7. PROTECTION OF PERSONAL DATA

The required details in order to be able to participate in La Odisea de la Historia activities are the following:

  • Name and surname
  • Email
  • Application date
  • Telephone number
  • Open field for text
  • Proof of the payment deposited in La Odisea de la Historia bank account

In accordance with the provisions of the Spanish organic law 15/1999 of 13th December on Protection of Personal Data and the Spanish law 34/2002 of 11th July on Information Society Services and Electronic Commerce, we inform you that the personal data you provide us are subject to be processed and will be incorporated into files owned by Moisés Hidalgo García and Carlos Jiménez Barea (hereinafter called La Odisea de la Historia). These files are registered in the Spanish General Registry of Data Protection. The purpose of these is to manage the existing connection with the company, the route, activity or workshops Users signed up for, to check the payment (in case the services Users are using require it) and the contact to inform Users (even via electronic means) of new events organized by La Odisea de la Historia, as well as to send satisfaction surveys in order to value our services and your experience, so both can be improved. Users will be able to unsubscribe from every communication at any moment by sending an email to info@laodiseadelahistoria.com. Rights of access, cancellation, rectification and opposition may be exercised in writing, with competent proof of the petitioner’s identity and addressing the petition to info@laodiseadelahistoria.com.

The participants, as long as they were photographed during the activities they were part of, authorize the use of their image for La Odisea de la Historia to spread them in printed editions, as well as in its web page www.laodiseadelahistoria.com, its blog and the social networks La Odisea de la Historia is in (all of them can be consulted in its web page).

8. COOKIES

The web page www.laodiseadelahistoria.com uses cookies.

Cookies are files sent to a browser by a specific web server in order to register Users activities in a web or in some of its services (hereinafter called the Services). Cookies are used for an easier access to the selected services, as well as for personalizing them according to the user’s choices and usual preferences when it comes to using these Services.

Cookies are associated to anonymous Users and their computers and do not collect personal data. Users can configure their browser to not allow the installation of the cookies used by the web page. This would not block Users their access to the Services. Nevertheless, not allowing the installation can slow down the web page and reduce its quality.

For more details about the cookies we are currently using, visit our web page.

How does the web page use cookies?

According to the Spanish Law 34/2002 of 11th July on Information Society Services and Electronic Commerce, we inform you that this website, as many other websites do, uses cookies in order to improve and optimize Users’ experience. You will find below some detailed information about cookies, the typology of this website, how to change your cookies settings and what will happen if you disable them.

What are cookies?

Cookies are small text files that are downloaded on the Users’ device in order to store data, which could be updated and recovered by the entity in charge of their installation.

There are different kind of cookies depending on their length:

  • Session cookies: this type is designed to collect and store data while Users is on a web page. These cookies do not stay on the Users’ device once the session has expired or the browser has been closed.
  • Persistent cookies: this type of cookies are designed to keep the data stored in Users’ device. These data can be accessed and processed both when Users close the web page and when Users access it. Users can delete these cookies at any moment.

The website collects the users’ data by installing the mentioned cookies in the visitors’ hard disk. These data do not identify nor are susceptible to personally identify Users at all. They are completely anonymous.

La Odisea de la Historia complies with the Spanish Act on Information Society Services and Electronic Commerce. This regulation has collected the corresponding transposition of the Directive 2009/136/CE, also known as “Law of Cookies”.

Which cookies are used in www.laodiseadelahistoria.com?

Cookies are added by Google and other Google applications, such as Youtube, in order to check where the activities take place or watch the videos containing information about La Odisea de la Historia.

We also reserve the right to use Google Analytics (hereinafter called Google), a web analysis service provided by Google Inc. Google’s head office is placed in 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States of America.

Google uses cookies, files stored in the Users’ device, and with them Google can perform a statistic analysis of their use of the website. The data produced by a cookie about Users’ usage of the website (including IP address) will be directly managed and filed by Google in its servers in the United States. Google will use these data with the only purpose of providing statistics about the web page use. Google can also transfer said data to third parties in the specific legal cases or when said third parties treat that information through Google. Google will not associate your IP address with any other information it has access to.

Users may block the treatment of these data by setting their browser so that it can decline the use of cookies. The used cookies provide us statistical information about the browsing anonymously. Nevertheless, they can be directly disabled in the chosen browser.

You can allow, block or delete the installed cookies in your device by setting your browser options. You can find information on how to do this in the most common browsers in the following links:

What happens if cookies are disabled?

If you disable cookies in our web page, you will still be able to use it, but it is possible that some services and/or links stop working. Besides, we will not be able to collect some valuable information about you that will help us offering you the content you might be interested in, as well as granting an easier and faster access to that information.

Changes in the cookies policy

La Odisea de la Historia may change this cookies policy, be it for the new incorporation of cookies due to the adding of new content or be it in accordance with legislative and regulation demands that require changing the cookies policy. Because of this reason, we recommend Users checking it every time they enter the web page.

9. MOBILE PHONE ACCESS

Access to the mobile application and web page are free of charge. Nevertheless, La Odisea de la Historia cannot be held responsible if Users mobile service provider charges them in any way for browsing our web page from their mobile device.

10. SOCIAL MEDIA

La Odisea de la Historia will indicate the corresponding access to every social media it could be present in (such as Google+, Facebook, Twitter, etc.). The communications will be managed by following the Terms and Conditions of each platform or social media. In case you need assistance with managing the corresponding data, you can directly address La Odisea de la Historia at the e-mail  info@laodiseadelahistoria.com.

Any other related or redirected account from www.laodiseadelahistoria.com will not hold any official connection to La Odisea de la Historia for Users. That is why La Odisea de la Historia holds no responsibility with any published content in said social media, due to the fact that it cannot exercise a proper control over them. In any case, if Users experience any kind of incident regarding any social media they accessed through www.laodiseadelahistoria.com, they will be able to notify us at info@laodiseadelahistoria.com.

La Odisea de la Historia is currently present in the following social media (only in Spanish):

https://www.facebook.com/LaOdiseadelaHistoria/

https://twitter.com/odiseahistoria

https://www.youtube.com/channel/UCfEm__OA0fiyGhEikJ2s51A

https://www.instagram.com/laodiseadelahistoria/

La Odisea de la Historia will place the access to each of its media in its web page. La Odisea de la Historia will manage the communications according to the Terms and Conditions of each platform or social media. If some assistance is needed in relation to the management of the corresponding data, you can send an e-mail to info@laodiseadelahistoria.com.

By following us in any of the social media we are currently on, your data might be hosted in servers outside the European Union where the companies that provide social media services have their applications.

By following us on La Odisea de la Historia social media accounts, Users agree to these terms:

  1. The processing of their personal data in the social media where La Odisea de la Historia is present, according to their respective Privacy Policy that may be consulted on the following links:

https://en-gb.facebook.com/policy.php

https://twitter.com/en/privacy

https://policies.google.com/privacy?hl=en-GB&gl=es

https://help.instagram.com/155833707900388/?helpref=hc_fnav

  1. La Odisea de la Historia will have access to the data present in the social media where Users are following us;
  2. news related to La Odisea de la Historia events will appear in the Users’ wall or profile in the social media in which they follow our company.

La Odisea de la Historia will not use your personal data for any other purposes other than the ones specified.

In order to cancel your subscription to La Odisea de la Historia social media accounts you only have to click on the link that says “unlike” or “unfollow”.

In case you need to exercise your rights of access, rectification, cancellation and opposition, it will be necessary for you to send an e-mail to info@laodiseadelahistoria.com indicating your decision of cancelling your subscription.

Moreover, in the context of the present treatment, La Odisea de la Historia may only consult Users’ data as a follower of the social media they participate in, as well as it may also cancel their subscription.

Any further correction must be done through the Users’ account in their social media.

Conduct of users of the web, forum, blogs and social media where La Odisea de la Historia may be present

La Odisea de la Historia does not guarantee that Users of the Services where La Odisea de la Historia may be present use the offered content in accordance with law, morality and public order. Moreover, La Odisea de la Historia does not guarantee the veracity and accuracy, the thoroughness and/or authenticity of the data provided by Users.

La Odisea de la Historia will not be held responsible, directly, indirectly, nor subsidiarily of costs and damages of any nature derived from the utilization of the Services and content of the Site that Users make or that can derived from a lack of veracity, accuracy and/or authenticity of the data or information provided by Users themselves, or from the identity theft carried out by a third party User in any type of action through the Services offered by La Odisea de la Historia.

Including, but not limited to the following, La Odisea de la Historia shall not be liable directly, indirectly or subsidiarily responsible for:

  1. the content, information, opinions and manifestations of Users or any third party or entity that communicate or exhibit themselves through the Services offered by La Odisea de la Historia;
  2. costs and damages caused to third parties derived from the utilization Users make of the services and contents offered by La Odisea de la Historia;
  3. costs and damages caused because of the lack in veracity, accuracy or incorrect identity of Users and of all the information that they may provide or make available to other Users;
  4. costs and damages derived from the infraction of Users that affect the rights of other Users or of third parties, including copyrights, trademark and patent rights, confidential information and any other right of intellectual or industrial property, as well as the rights of Users’ image;

Users compromise not to transmit, introduce, disseminate nor give to third parties any type of material and information (data, content, messages, opinions, drawings, sound and images’ files, photographies, software, etc.) that are against law, morality, public order and to the present Disclaimer. Users’ agreement includes the following list, but is not limited to it:

  • not to publish content or propaganda that is racist, xenophobic, pornographic, a statement in support of terrorism or that infringes upon human dignity and human rights;
  • not to publish or disseminate in the web data programmes (viruses and harmful software) that may cause damage to the information systems of the access supplier, their suppliers or any other User of the web;
  • not to disseminate, transmit or give to third parties any type of information, element or content that constitutes unfair or unlawful publicity. Use of Users’ e-mail addresses for sending not requested publicity or web links is prohibited. Any type of communication that involves the direct or indirect promotion of a third party activity is also prohibited;
  • likewise, it is also prohibited to send to the e-mail addresses of Users junk mail, chain letters, pyramid schemes or offensive messages that infringe upon the human dignity of the announcer, or that are contrary to law and good manners;
  • to publish false, ambiguous or inexact information and content that may be misleading for the receiver of the information;
  • not to commit an identity theft by using an User’s username and password for the different services and contents of the Site;
  • not to use the distinctive symbols, logos and trademarks of La Odisea de la Historia in the private benefit of Users, and in any case without the authorization of La Odisea de la Historia;
  • not to publish, transmit or give to third parties any type of information, element or content that result in a violation of intellectual and industrial rights, patent rights, trademarks or copyright that belongs to the title holders of the Site or to third parties:
  • not to disseminate, transmit or give to third parties any type of information, element or content that is a violation of the secrecy in communications and the legislation of personal data.

In order to control the contents we ask Users that they inform us by email (info@laodiseadelahistoria.com) of any untrue or mistaken information; of improper attitudes and behavior from other Users or offensive comments; of pictures of identifiable people that may be of bad taste or offensive to morality and contrary to good manners, as well as for mistakes that may exist in the information given. Depending on which case of the above mentioned applies, we will take down the offensive information or images, block certain users if it was needed or correct the mistaken information.

11. PURCHASE PROCESS / HIRING SERVICES 

Hiring will take place as follows:

1.- Selection of the route, activity or workshop you want to attend. Users will have access to information regarding the cultural activity. If you want more information you may contact La Odisea de la Historia.

2.- Enrolment: the following are the two possibilities for hiring or enroling in the activities, routes, workshops or events organised by La Odisea de la Historia:

  • Enrolment through the web page: you can enrol through the available form that appears after the description of each event.
  • Enrolment through the phone numbers +34 665 560 621 / +34 664 734 315: you may contact us via phone or WhatsApp. You will be attended by staff from La Odisea de la Historia and will be asked about your personal data, such as your name and surname, telephone number and e-mail.

3.- Reservation confirmation: in both cases you will receive an e-mail confirming your reservation. This e-mail will also provide you with information regarding the available payment options, our Privacy Policy and our Terms and Conditions. Additional information may be provided as well, if needed. If you do not have an e-mail address we will provide you with a link to our web page via WhatsApp where you can consult the above mentioned information.

4.- Payment: payments may be conducted either by bank transfer to the account of La Odisea de la Historia or at the meeting point of the cultural activity before its start. If you wish to conduct your payment through bank transfer indicate this in your subscription. You will then receive our bank account number in the booking confirmation email, so you can make the payment. Once the payment has been made you will have to send us an e-mail or a message via WhatsApp with the receipt of the transfer.

5.- Attendance to the cultural route.

12. TERMS AND CONDITIONS

In accordance with article 97 of the Spanish royal legislative decree 1/2007, of 16th November, in which it is approved the consolidation of the Spanish law for the Protection of Consumers and Users and other Supplementary Laws, the present Terms and Conditions will regulate the sales made through www.laodiseadelahistoria.com.

Information concerning the routes, activities and workshops is accessible by clicking on top of each product. If you want further information regarding any of our activities you can contact us.

The prices, as shown on the web page, already include their corresponding IVA tax, as well as it includes the price of all activities. It may occur that transportation is required for certain activities. In this case, if Users want to use the transport, they will be previously informed of this circumstance and the extra price for the transport will be shown broken down in the web page.

Payment may be conducted through bank transfer to the La Odisea de la Historia account or in the meeting point of the cultural activity, always before its start. If you wish to conduct your payment through bank transfer indicate this in your subscription. You will receive our bank account number in the booking confirmation email, so you can make the payment. Once the payment has been made you will have to send us an e-mail or a message via WhatsApp with the receipt of the transfer.

La Odisea de la Historia reserves the right to cancel activities, routes or events due to low numbers.

If this situation takes place we will let all the enroled clients know 48 hours in advance and a full refund will be offered.

Activities, cultural routes and events may be cancelled due to adverse weather conditions. This situation will be notified as soon as possible to all the enroled clients. The activity, route or event in question will then take place in the most proximate date possible and it will be notified to the clients as soon as it is decided. Clients who cannot attend in the date provided may ask for a refund.

La Odisea de la Historia will only answer, in the cases of cancellations of activities, routes or events, to the payments given and justified to La Odisea de la Historia. On no account will the company answer for the expenses on which clients may have occurred in order to come to the activity, which includes, but is not limited to, transport, hotel reservations or any other type of accommodation, as well as any other type of expense.

If Users have any type of physical disability or reduced mobility, they should inform La Odisea de la Historia in advance, in order for the company to make the necessary actions and to verify if the activities, routes or events in question, as well as the places to visit are accessible.

 

13. GOVERNING LAW AND JURISDICTION

Provided that the legislation allows it, both parties agree that, in case of conflict, they will first attempt to resolve any such dispute through online mediation, in order to guarantee a prompt solution in the most satisfactory way for both parties involved to the extent possible.

Any matters arising from the website are governed by Spanish law and are subject to Seville’s courts.

Note. The English version is a translation of the original in Spanish for information purposes only. In case of a discrepancy, the Spanish original will prevail.