Legal Notice

  1. LEGAL INFORMATION AND ACCEPTANCE This legal notice governs the use of the website www.thehomeholiday.com (hereinafter referred to as "The Home Holiday") provided by Lusana Pty Ltd to internet users.

By accepting this legal notice, users acknowledge its terms and agree to comply with them. The Home Holiday does not guarantee the availability or maintenance of services accessible through the store in the future. The Home Holiday may decide to interrupt, suspend, or permanently cancel this store without any compensation to users.

Electronic purchases made through this store are subject to the general terms and conditions of purchase (hereinafter referred to as the "general purchase conditions"). These general purchase conditions constitute the primary legal document of the purchase agreement, regulating the rights and obligations of users as customers of The Home Holiday. It is advisable for users to carefully read these general purchase conditions before making any purchases on our store. The Home Holiday may modify these general purchase conditions at any time, but such modifications will not affect previous purchases made by users, which will be governed by the general conditions in effect at the time of the respective purchases. Users are responsible for being aware of the current general purchase conditions at the beginning of the purchase process.

The general purchase conditions and other documents related to the purchase agreement are available in both Spanish and English.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY All the contents of the store, including texts, photographs, graphics, images, icons, technology, software, links, audiovisual or sound content, as well as their graphic design and source codes (hereinafter referred to as "the contents"), are the intellectual property of The Home Holiday or third parties. No exploitation rights recognized by current intellectual property regulations are assigned to users. However, during users' active sessions on the store, they may use the content solely for browsing purposes and within the guidelines specified in this legal notice. Once users disconnect from our store, they will not retain any rights to use the aforementioned contents.

The trademarks, trade names, or distinctive signs belong to The Home Holiday or third parties. Accessing the store does not grant users any rights over these trademarks, trade names, and/or distinctive signs.

  1. CONDITIONS OF USE OF THE ONLINE STORE 3.1. GENERAL Users of the online store are obliged to use the store in compliance with the law and this legal notice. Users who fail to comply with the law or this legal notice will be held responsible by The Home Holiday or third parties for any damages caused as a result of such non-compliance.

The use of the store for any harmful purposes to the interests or assets of The Home Holiday, or that may overload, damage, or disable networks, servers, computer equipment (hardware), or software applications (software) of The Home Holiday or third parties is strictly prohibited.

3.2. CONTENTS Users agree to use the contents in accordance with the law and this legal notice, as well as other conditions, regulations, and instructions applicable to specific services as stated in clause 1.

Users must refrain from:

  • Reproducing, copying, distributing, publicly displaying, transforming, or modifying the contents, except in cases authorized by law or with express consent from The Home Holiday or the owner of the rights, as applicable.
  • Reproducing or copying software or databases for private use, as permitted by current intellectual property legislation, provided that such acts of reproduction by users or third parties are necessary.
  • Extracting and/or reusing all or a substantial part of the contents of the store, as well as the databases provided by The Home Holiday.

3.3. DATA COLLECTION FORMS Except as provided in clause 6 of this legal notice, the use of certain services or making requests may require prior user registration.

All information provided by users through the store's forms must be accurate and true. Users guarantee the authenticity of the provided data and agree to keep the information up to date. Users will be solely responsible for any false or inaccurate statements made and any damages caused to The Home Holiday or third parties due to the provided information.

3.4. INTRODUCTION OF LINKS TO THE STORE Internet users or information society service providers who wish to include links from their own web pages to the store must comply with the following conditions:

  • The link must only lead to the home page or main page of the store and may not reproduce it in any way, except for web 2.0 type interaction systems offered by the store.
  • Frames or frames of any kind that involve the store or display its contents through internet addresses other than those of the store are strictly prohibited, except in cases permitted by applicable law or expressly authorized by The Home Holiday.
  • No false, inaccurate, or incorrect statements about The Home Holiday or the companies within The Home Holiday group, its partners, employees, members, or the quality of its services should be made from the page that introduces the link.
  • The use of any word, graphic, or mixed trademark or any other distinctive sign of The Home Holiday on the sender's page, except in cases permitted by law or expressly authorized by The Home Holiday, is prohibited.
  • The page containing the link must comply with the law and may not dispose of or link to content that is illegal, harmful, contrary to morality and good customs (e.g., pornographic, violent, racist, etc.), or otherwise inappropriate or irrelevant to The Home Holiday's activities, the content and themes of the sender's web page.
  1. EXCLUSION OF LIABILITY 4.1. SERVICE QUALITY Accessing the store does not imply any obligation on the part of The Home Holiday to guarantee the absence of viruses, worms, or other harmful computer elements ("malicious software" or "malware") while browsing. Users are responsible for having adequate tools to detect and remove harmful computer programs.

The Home Holiday is not responsible for damages caused to users' computer equipment or third parties' equipment due to acts of third parties during the provision of store services.

4.2. SERVICE AVAILABILITY Access to the store relies on services and supplies from third parties, including telecommunications networks. The reliability, quality, security, continuity, and functioning of these services and supplies do not fall under the responsibility of The Home Holiday. Therefore, the services provided through the store may be suspended, canceled, or become inaccessible without prior notice from The Home Holiday. However, if The Home Holiday permanently ceases to provide store services for any reason, it will make its best efforts to communicate this to registered users.

The Home Holiday is not responsible for any damages or losses suffered by users due to failures or disconnections in telecommunications networks that result in the suspension, cancellation, or interruption of store services during their provision or prior to it.

4.3. CONTENTS AND SERVICES LINKED THROUGH THE STORE The store may include links that allow users to access other internet pages and portals ("linked sites"). In these cases, The Home Holiday acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, the Information Society Services and Electronic Commerce Act ("LSSI"), and will only be responsible for the content and services provided on the linked sites if it has actual knowledge of their illegality and fails to disable the links with due diligence. If a user believes that a linked site contains illegal or inappropriate content, they can inform The Home Holiday in accordance with the procedure outlined in clause 6 of this legal notice. However, this communication does not obligate The Home Holiday to remove the corresponding link.

The existence of linked sites does not imply that there are agreements with their owners, nor does it imply endorsement, promotion, or identification of The Home Holiday with the statements, content, or services provided on those sites.

The Home Holiday is not aware of the contents and services of linked sites and therefore cannot be held responsible for damages caused by their illegality, quality, obsolescence, unavailability, errors, or their lack of usefulness, nor for any damages not directly attributable to The Home Holiday's own services.

4.4. THIRD-PARTY CONTENT HOSTED BY THE HOME HOLIDAY The store may allow users, registered or not, to submit comments or personal opinions and information. In such cases, The Home Holiday acts as a hosting service provider in accordance with Article 16 of Law 34/2002, the Information Society Services and Electronic Commerce Act ("LSSI"). The Home Holiday will only be responsible for content uploaded by users if it has actual knowledge of its unlawfulness and fails to remove the content with due diligence. If a user believes that a comment or content uploaded by another user is illegal or inappropriate, they can inform The Home Holiday in accordance with the procedure outlined in clause 6 of this legal notice. However, this communication does not obligate The Home Holiday to remove the corresponding comment or content.

The existence of comments or content from third parties does not imply that there are agreements with the authors, nor does it imply endorsement, promotion, or identification of The Home Holiday with the statements or information provided.

4.5. CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE STORE The Home Holiday has implemented legally required security measures to guarantee the confidentiality and secrecy of personal data provided by users on our store. However, the transmission of data via telecommunications networks controlled by third parties poses risks. The Home Holiday is not responsible for the lack of confidentiality of information transmitted via third-party networks or the vulnerabilities of users' own computer equipment caused by malicious software.

  1. REPORTING ILLEGAL OR INAPPROPRIATE ACTIVITIES OR SERVICES OF THIRD PARTIES If users or other internet users become aware of linked sites or any other third-party services provided by The Home Holiday (e.g., user comments, where permitted) that are illegal, harmful, defamatory, violent, or contrary to morality, or if they believe that any information provided by users through the store is illicit or inappropriate, they can contact The Home Holiday and include the following information:
  • Personal data of the person reporting: name, address, telephone number, and email address. These data will be processed solely for managing the request and will be included in a file under the responsibility of The Home Holiday for this purpose. Users can exercise their rights of access, rectification, cancellation, and opposition in accordance with the privacy policy. Failure to provide any of these data may result in the request not being addressed, without prejudice to any voluntary information provided by users.
  • Description of the facts that reveal the illicit or inappropriate nature of the linked site or information.
  • In the case of rights violations (e.g., intellectual property), the personal data of the rights owner, if different from the reporting party, and proof of representation when acting on behalf of the rights owner. Documentation supporting the existence of the damaged legal title or asset should also be provided.
  • A declaration that the information in the report is accurate.

The Home Holiday's receipt of such a communication will not imply actual knowledge of the activities or content mentioned by the reporter in accordance with the LSSI.

  1. DATA PROTECTION For information on how data is processed in the store, users can consult our privacy policy.

  2. CUSTOMER SERVICE For questions, suggestions, complaints, or inquiries about our online store, users can contact The Home Holiday's customer service using the following means:

Spain:

  • Email: hi@thehomeholiday.com

In accordance with Article 27.3 of Law 11/1998, Protection of Personal Data, complaint forms are available at The Home Holiday's registered office. Additionally, claim sheets are available in all our stores on behalf of the company that owns the establishment.

The Home Holiday will resolve any claims as soon as possible, and in any case, within 30 days.