Terms and Conditions
Website Terms and Conditions for Choose Almeria
[choose-almeria.com]
These terms and conditions govern the use of the Choose Almeria website, owned and managed by Elegant Homes Online S.L.
Please read the terms in full before using this website.
By using the Choose Almeria website, including any of the services provided by the Website, you are agreeing to be bound by these terms and conditions. If you do not accept these terms, please do not use this website or its services.
Choose Almeria reserves the right to amend or update the website terms and conditions or policies at any time.
Website access
Access to the Choose Almeria website is granted without having to register, however particular areas of the website are only available to registered users.
All reasonable steps are made to ensure that the Choose Almeria website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter server problems and under these circumstances, and including any other technical reasons, Choose Almeria will not accept liability of any description, including, without limitation, loss of business or revenue, resulting from the performance of or the temporary unavailability of the site.
Where possible Choose Almeria will try to give advance warning of any issues but shall not be obliged to do so.
Use of the website
Permission to use the Choose Almeria website for personal use, including the printing and forwarding of material, so long as it is with reference to the website, is granted, provided that the content is not modified without the consent of Choose Almeria. Material on Choose Almeria must not be republished online or offline, furthermore no part of this website may be reproduced unless consent is agreed in writing.
With the exception of personally identifiable information, the use of which is covered under the Choose Almeria Privacy Policy, any material sent to or posted to this website shall be considered non-proprietary and not confidential. Unless notice is received to the contrary Choose Almeria will be free to copy, distribute, incorporate, and otherwise use such material for any and all purposes.
Advertising with Choose Almeria
Business and property advertisers
Placing an advertisement with Choose Almeria, in any form, constitutes agreement to all the website terms and conditions by the advertiser.
Choose Almeria reserves the right to refuse advertisements and listing for any reason should it select to do so.
It is prohibited for any persons under the age of 18 years to register with Choose Almeria for the purpose of on-line advertising and listings.
The website and its advertisement options must be used for lawful purposes only.
The website advertisement facilities must be used solely by the person or persons who have the legal authority, permissions, and entitlement to do so.
All advertisers agree that, as at the date of submission, their data, content or material is accurate.
Choose Almeria reserves the right to make changes to, or delete, material uploaded to this website at any time and without notice.
Property listings
Choose Almeria is dedicated to promoting property in the region of Almeria in Andalucia, Southern Spain. For that reason property listings in any other regions or countries are not accepted.
Property on Choose Almeria is advertised and priced in Euros only and is set by the authorised advertiser.
If an advertised property is leasehold rather than freehold it is the duty and responsibility of the advertiser to declare this fact in the property description.
It is the responsibility of the property owner to hold all the correct legal paperwork and documentation for the advertised property, including, and not without limit, the current energy performance certificate in accordance with Decree 235/2013 of 5 April 2013. An authorised property advertiser, who is not the direct owner, should ensure this obligation.
In respect of rental properties, and in accordance with the laws of Andalucia and Spain, and not limited to the legislation of the following decrees:
Spanish Tenancy act - Ley de Arrendamientos Urbanos 29/1994 of 24 November;
Rural Homes legislation - Viviendas Rurales governed by Article 48 of Decree 13/2011 of 23 December and the Decree 20/2002 of 29 January;
Tourist Apartments decree - Apartamentos Turisticos Decree 194/2010 20 April;
Homes for Holiday Rental law - Viviendas Con Fines Turisticos 28/2016 as detailed in the of the Official Bulletin of Andalucia of 11 February 2016;
It is the responsibility of the property owner to ensure the advertised property meets all applicable legal obligations, including, and not limited to, the registration of the property with the Junta de Andalucia for holiday rental use, obtaining the appropriate licences where required, and to adhere to, and maintain, the legal conditions of such legislation, including and not without limit, the minimum health and safety requirements. An authorised property advertiser, who is not the direct owner, should ensure these obligations.
Choose Almeria recommends that property advertisers take legal advice with regards to the current and applicable laws for a property rental prior to advertising, including advice on contractual considerations and obligations for when a property is rented.
Property owners and advertisers agree to comply with any current laws with regards to paying any due taxes that occur from the sale or rental of a property.
Direct from the owner Property Listings
All owner direct advertisers agree that they are solely responsible for the property that they are advertising and that legal representation has been taken to confirm that all permissions and relevant paperwork are in place, verified, and documented, before submitting a property to Choose Almeria.
If a owner direct property is also being promoted by an agency, whether or not said property is advertised on this website, Choose Almeria will happily accept the listing so long as the price is set at the same price as the agency price. Any property found in contravention of this may be removed by Choose Almeria.
For owners direct with more than one property to advertise, or even the same property to advertise in different categories, it would be necessary to register with a different user name for each property listing.
Agency Property Listings
All property agencies advertising property listings agree that all permissions and relevant paperwork regarding each property are in place, correct, verified, and documented in accordance with Decree 218/2005 before submitting a property to Choose Almeria.
A property agency with property listings on Choose Almeria is expected to maintain those listings to reflect the current property information, status, energy performance classifications, and price, whether that be by manual changes using the Choose Almeria property management system or by XML data feed changes. Should Choose Almeria find a property listing that appears to be out of date or no longer available then Choose Almeria reserves the right to request that the listing is checked and removed from this website, and if necessary, Choose Almeria reserves the right to remove it from this website.
XML data feeds with agency property listings
The Choose Almeria data import service is adaptable to multi XML export feeds and property management systems while offering a standard format specific to Choose Almeria specifications.
All feeds are tested and validated by Choose Almeria before an advertising contract is agreed.
It is the agents responsibility to maintain the feed in the agreed format and keep the data within the feed up to date, Choose Almeria can take no responsibility for a feed that does not validate or the data content within the feed.
Feeds are processed daily, new properties are added and missing properties are deleted. Current properties are updated only if the correctly formatted date node for the last modified date of the property has been changed.
If the date node of a property is not available or inaccurate the property will be updated on a weekly basis.
Feeds are validated on both the daily and weekly process including validation of each node within each property node.
A feed that does not validate will not be processed.
A node within each property that does not validate will result in either the property not being inserted, or in the case of a current property update or weekly data transfer the property in this instance will be deleted.
Choose Almeria reserves the right to make improvements or amendments to the current standard version of its own data feed specification format, thus effectively creating a new version of the feed format. All agencies using the Choose Almeria standard format will be advise in advance of any new versions and the previous version will always remain available for a minimum period of 12 months.
It is the responsibility of the agency to ensure that their Choose Almeria feed version is current and the format is updated within the period of notice that has been given by Choose Almeria when a new feed version is introduced. Choose Almeria will bare no liability for a feed that does not validate due to failure by the agency to maintain an up to date feed version.
Images are processed and stored on the Choose Almeria host server until the property is removed from the feed.
Making payments
Listings and advertisements must be paid for in advanced for the agreed time period. On the date of renewal, if payment is not received in full, Choose Almeria reserve the right to remove listings or advertisements until such time that the correct payment is received.
If monthly direct payments have been agreed Choose Almeria reserve the right to remove listings or advertisements should the payments become overdue.
Making on-line payments
Choose Almeria passes users to the trusted PayPal gateway to process all online payments.
Connection to Paypal is made via a secure socket layer.
After the value has been agreed and processed Choose Almeria requests that users return to the Choose Almeria website, using the link that Paypal provides, to complete the transaction.
Users making online payments do so at their own risk.
There are alternative methods of payment available, such as cash transactions, and bank transfers.
Exclusions of liability
Choose Almeria endeavours to ensure that the information on this website is accurate, however, correctness or completeness in a changing world cannot be guaranteed, and Choose Almeria accepts no responsibility for keeping the information on these pages up to date or any liability for any failure to do so. Use of the information provided on this website is accepted voluntarily and Choose Almeria assumes no responsibility for consequences resulting from the use of the material herein.
This website contains advertisements and listings provided by registered users, this does not imply a recommendation by Choose Almeria, nor does it guarantee their accuracy.
All third party material is published by Choose Almeria in good faith.
Choose Almeria will not be held responsible, in any form, for information provided by advertisers.
Choose Almeria shall not be held responsible for the legal obligations of any property or business advertiser.
On the submission of content to the website it is acknowledged that Choose Almeria is under no obligation to publish any or all material.
All property advertisers understand and accept that property enquiries are passed directly to the advertiser, being either the owner direct or the advertising agency, Choose Almeria will not be held responsible, in any form, for the genuineness or legitimacy of the enquiry, or for the intent of the person sending the enquiry.
All visitors are advised to check details of promotional content carefully before entering into any agreements of any kind, and Choose Almeria recommends that legal advise be sought before entering into any agreement concerning property listings.
Choose Almeria will fully co-operate with any law enforcement authorities requesting disclosure of identity for any persons submitting any material in breach of these Terms and Conditions.
Links to and from other websites
Links to third party websites located on Choose Almeria are provided for visitor convenience only.
Choose Almeria has not fully reviewed each third party website and has no responsibility for such or their content.
Choose Almeria does not endorse any third party websites or make representations about them or any material contained in them.
On choosing to access a third party website linked to from this website, it is at the risk of the visitor.
A third party website wishing to link to the Choose Almeria website may do so on the basis that the link is subject to the following Choose Almeria conditions:
that no content from the Choose Almeria website is replicated without written consent;
that there is no implication that Choose Almeria is endorsing any services or products from the third party website unless this has been specifically agreed with Choose Almeria;
that there is no misrepresentation of the relationship between the third party website and Choose Almeria and that no false information in relation to Choose Almeria is presented;
that third party links are only made from the owner of the third party site;
the third party website does not contain content that is offensive or controversial, that it does not infringe any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom or any other country in the world.
Electronic mailing communications
It is agreed that any communications from Choose Almeria to its customers and advertisers via electronic mailing methods satisfy any legal requirement that such communications be in writing.
Please also read the Choose Almeria Privacy Policy before using this website.