1. - Right to information
We hereby inform you that this website https://www.nestic.homes/ (hereinafter, the "Website") is owned by NESTIC SPAIN, S.L. (hereinafter, "NESTIC"), with tax identification number B19782788, and address at C/Hermosilla, 48, 1º Dcha., 28001, Madrid (Spain).
Access to and/or use of the Website confers the condition of user, and you accept, from said access and/or use, the terms and conditions established herein.
The user (hereinafter, the "User") may contact NESTIC through the following e-mail address: privacy@nestic.homes.
2.- Services offered by NESTIC
At NESTIC, we offer our Users the possibility of booking and renting medium-term stays in professionally managed and furnished properties, guaranteeing our Clients sustainable housing with exceptional quality standards.
2.1. Reservation requirements:
To access and use our services, the User must comply with the following requirements:
- Customers or Users must be over 18 years of age.
- The Customer or User may not interact with the Product under different names.
- Customers or Users must provide their full legal name, a valid email address and any other information requested to complete the booking process.
- In the event that the reservation is made on behalf of a third party, it must contain powers of attorney.
- Users or Customers are responsible for maintaining the security of their access and may not disclose their reservation details to any third party. To the extent permitted by law, Users or Customers shall be solely responsible for their interactions with the Product. If the User has a reason to believe that his/her reservation data has been compromised or used without authorisation, he/she must immediately notify NESTIC so that we may implement all necessary measures.
- Users must provide accurate, truthful, current and complete information during the booking process and notify NESTIC of any changes or modifications thereto.
2.2. Reservation process.
Please note that within the framework of the seasonal sublease contract ("seasonal rental") offered on the Website, with a duration of 32 days or more, depending on the particularities and corresponding regulations of the country in which the property for which you are booking is located.
Once you make your reservation through the booking system on our website, NESTIC will contact you to complete the booking process and request any additional documentation or information.
For clarification purposes and unless otherwise indicated, NESTIC does not own the properties published on our Website, but has entered into a lease agreement with the owners that entitles us to control, offer and manage the Properties, as well as to sublease them to Users. In this regard, under no circumstances will the identity of the owner of the Apartment be revealed to the User.
3.- Use of the Website
The User assumes responsibility for the use of the Website. The Website may provide access to a multitude of texts, graphics, drawings, designs, photographs, multimedia content, and information (hereinafter, "Content") belonging to NESTIC or to third parties to which the User may have access.
The User undertakes to make appropriate use of the Contents and services offered through the Website and, by way of example, but not limited to, not to use them for:
NESTIC warns that the materials contained in this Website have been included for information purposes only, and are therefore insufficient to make decisions or take positions in a specific case.
The User should be aware that the materials contained in this Website may not reflect the latest legislative or jurisprudential status on the issues discussed. Furthermore, these materials may be modified, developed or updated without prior notice.
NESTIC shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.
NESTIC may temporarily suspend, without prior notice, access to the Website for maintenance, repair, updating or improvement operations. However, whenever circumstances permit, NESTIC shall inform the User, with sufficient advance notice, of the date on which the services are scheduled to be suspended. NESTIC is not responsible for the use that Users may make of the Content included on the Website.
4.- Intellectual and Industrial Property
Any and all intellectual property rights over the content and graphic design of this Website (including, but not limited to, images, sound, audio, video, software or text; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are the exclusive property of NESTIC or of a third party that NESTIC has authorised to use them. Therefore, NESTIC has the exclusive right to exploit such content and graphic design.
Therefore, pursuant to the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the Revised Text of the Intellectual Property Law, and Law 17/2001, of 7 December, on Trademarks, as well as any other complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution or public communication, including making available or any other form of commercial exploitation and/or modification of all or part of the content of the Website is prohibited, unless previously and expressly authorised by NESTIC.
NESTIC does not grant any licence or authorisation to use any of its intellectual and industrial property rights or any other property or right related to the Website and/or the services or content thereof.
The User undertakes to respect the Intellectual and Industrial Property rights owned by NESTIC. In this regard, the reproduction and temporary storage of the contents of the Website is permitted to the extent strictly necessary for the use and viewing of the Website from a computer/Tablet or personal telephone.
The legitimacy of the intellectual or industrial property rights over the contents provided by the Users is the exclusive responsibility of the Users, who shall be liable for any claim by third parties arising from the unlawful use of the contents of the Website.
5.- Data protection
The use of this Website may require Users to provide personal data. NESTIC treats this type of information in accordance with the applicable legislation, and it is set out in its Privacy Policy.
6.- Liability and Guarantees
NESTIC declares that it has adopted all necessary measures, within its capabilities and taking into account the current state of technology, to allow the proper functioning and the absence of viruses and harmful components on its Website.
However, NESTIC cannot be held liable for:
NESTIC may temporarily suspend, without prior notice, access to the Website for maintenance, repair, updating or improvement operations. However, whenever circumstances permit, NESTIC shall inform the User, with sufficient advance notice, of the date on which the Services are scheduled to be suspended.
NESTIC is not responsible for the use that Users may make of the Content included on the Website.
7.- Duration and modification
These terms and conditions shall be in force indefinitely, and NESTIC may make changes to the conditions specified herein, which shall enter into force from the time of their publication.
NESTIC may delete, add or change both the Content and the services it provides, as well as the manner in which they are located or presented. The terms and conditions that are published at the time when the User accesses the NESTIC Website shall be understood to be in force.
Access to and/or use of the Website shall be understood as acceptance by the User of these terms and conditions and their terms and conditions and, where applicable, any changes made to them.
8.- Hyperlinks
NESTIC assumes no responsibility for links to other applications or websites found on the NESTIC Website, which may direct the User to other applications or websites over which NESTIC has no control.
In this regard, NESTIC is not responsible for the information contained in these third-party links or for any effects that may derive from such information.
Therefore, the inclusion of links to other websites or applications does not imply endorsement of their contents by NESTIC or the existence of any kind of association between NESTIC and the owners of other websites or applications.
Consequently, the User accesses the Content under his or her sole responsibility and under the conditions of use that govern the same.
9.- Safeguarding and interpretation
These terms and conditions govern the agreement between each User and NESTIC.
If the competent authority declares a provision to be illegal, invalid or unenforceable, such a declaration in respect of one or more clauses shall be without prejudice to the validity of the other clauses.
NESTIC's failure to require strict compliance with any provision hereof does not constitute or may in any way be construed as a waiver by NESTIC of its right to require strict compliance in the future.
10.- General Information
NESTIC will pursue the breach of these terms and conditions, as well as any improper use of its portal, exercising all civil and criminal actions to which it may be entitled by law.
10.1. Applicable law and jurisdiction
These Terms and Conditions shall be subject to jurisdiction, governed by and construed in accordance with Spanish law if you are entering into a sublease agreement for a Spanish property.
If you are acting as a consumer and if mandatory consumer protection legislation provides otherwise, these provisions shall apply irrespective of this clause. In addition, as a consumer you can access the European Commission's online dispute resolution platform here: https://ec.europa.eu/consumers/odr.
11.- Notifications
NESTIC may make the appropriate communications through the e-mail address provided by Users in the registration forms or through any other means provided in the User's contact details.