Publish your accommodation

This document is a direct translation from the only valid legal version in Spanish, available in: http://www.toprural.com/legal.html

Version 5, 11 april 2012

I. Owner of the Portal.

TOP RURAL S.L. (hereinafter, “Toprural”) at the following address: Madrid, Paseo de la Castellana, 79 and with Tax Nº B-82591306, Registered in the Commercial Registry (Oficina mercantil) of Madrid in 15.167, Book 0, Sheet 133, Section 8, Sheet M-253650 is the owner of the portal www.Toprural.co.uk (hereinafter, the “Portal”) and provides this for the use by Internet users, with the aim of giving information and services regarding rural accommodations and its related aspects in the world. The categories of the rural accommodations used in the Portal are generic and do not coincide with any official category of a regional or national nature. By surfing and using the Portal, we call this person the User of the Portal (hereinafter, the “User”) it implies the acceptance of all the conditions included in this Legal Warning. The offering of the Portal service has a limited duration to the moment in which the User is connected to the Portal. The User must read the Legal Warning carefully on each of the occasions on which the use of the Portal is prolonged, given that this and the conditions found in the Legal Warning may undergo modifications at any time. Some services of the Portal, which are accessible to the Users, may be subjected to individual conditions that substitute, complement and / or modify the Legal Warning and must be accepted by the User at all times.

II. Object of the Legal Warning.

The Legal Warning regulates the conditions, the access and the use of the Portal, its contents and services, whether they are paid for or free, and made available to the User; this term includes both customers and the owners of the accommodations and services that form a part of the Portal. The Legal Warning shall be applied to all the activities of supplying information, subscription and/or the providing of services offered in the Portal, despite other applicable conditions (Conditions of Service for owners and other individual conditions).

III. Acceptance of the Conditions of the Legal Warning.

III.1 Conditions of the User.

The Legal Warning shall be understood as accepted without any reservations by the User simply by visiting the Portal and consequently, if the services offered in the Portal are used. The User declares that he/she is of legal age and has the legal capacity to be obliged and to accept the conditions of the Legal Warning found herein.

In general terms, the service offered to Users in the Website is free of charge, with the exception of the subscription of rural accommodation or any other that will be subjected to the contents of their corresponding Conditions of Service.

III.2 General regulations of use. Reviews of Users and photographic or audiovisual work.

The User is obliged to use the Portal diligently, correctly and with respect, particularly when publishing reviews or photographic or audiovisual works (“Images”) in the different forms which are permitted. Likewise, he/she is obliged to not publish, including but not limited to, any images or make any comments or actions that are: (i) defamatory, incorrect, false, abusive, slanderous, obscene, irreverent, offensive, insulting, tacitly or expressively sexual, threatening, hounding, racist, sexist, discriminatory for any reason, that go against the morals, public order, fundamental rights, public liberty, honour, privacy or the image of third parties and generally in the current legislation, and/or illegal or infringing on the rights of third parties (for example, rights of industrial and intellectual property; the rights of privacy or publicity); (ii) sending of trash mail, ‘SPAM’, messages with a commercial purpose, ‘chain letters’ or non requested massive mailings, false, deceitful or that promote illegal activities or any rude, threatening, obscene, defamatory or slandering conduct; (iii) supplying practical information on illegal activities; (iv) consisting of any commercial activity, publicity or sales, even if there are no cash transactions; (v) containing data of a personal nature on third persons that require the approval of the owner or the bearer of the rights. The User will answer to Toprural or any third party, for any damages that may have been caused as a result of the non-compliance of this obligation. The Portal permits the issuing and publication of reviews, positive or negative, on the rural accommodations and their surroundings. The Portal does not intervene in the reviews or images of the Users; nevertheless the Portal will remove or not publish the reviews or images that do not comply with the previous conditions. Toprural is in no way responsible, nor guarantees the veracity and accuracy of the reviews or images that may be expressed by the users of its Portal.

III.3 Industrial or intellectual property.

All the contents of the Portal, which are understood as including, but not limited to, the databases, texts, images, brands, commercial names, distinctive signs, graphs, logos, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the "Contents"), or any other sign which is susceptible to industrial or commercial use are the intellectual property of Toprural or third parties, and no rights of use of these may be passed on to the User. It is strictly forbidden to reproduce, distribute, communicate publicly and transform any element owned by Toprural except with the expressed authorisation of the latter. All non authorised use of any of the elements mentioned or any other element that forms a part of the intellectual or industrial property of Toprural will give rise to responsibilities of a criminal and/or civil nature or any other nature, legally established. Under no circumstance is Toprural responsible for the criminal acts of the User that affects the rights of third parties.
The User declares that they are the owner of the published texts or pictures, or otherwise declares that they have the right to use these. By virtue of this condition they assign, free of charge and non-exclusively to Toprural for a period of 25 years and for worldwide use, all rights of public distribution and communication of the texts or pictures by means of the web pages, digital newsletters and other analogue publications, as well as being authorised to pass on these texts and pictures to third party web sites. The User accepts that he/she will be the only person responsible, and that Toprural will be relieved of any type of responsibility, faced with any claim by a third party regarding the non-compliance of the contents of this paragraph.

III.4 Contents.

The User agrees to use the Contents included in the Portal according to the Law and the Legal Warning. According to the current legislation and including, but not limited to, the User must refrain from: (i) reproducing, copying, distributing, making available, publicly informing, transforming or modifying the Contents except under cases authorised by law or with the expressed consent of Toprural or by the bearer of the rights of use in each case; (ii) reproducing or copying the Contents for private use that may be considered as Software or Databases according to the current legislation regarding intellectual property, as well as their public information or availability to third parties when these acts necessarily imply the reproduction by the User or the third party; (iii) extracting and/or reusing the whole or a substantial part of the Contents found within the Portal, as well as the databases that Toprural makes available to its Users.

III.5 Cookies

Toprural may use cookies while providing the service of the Portal. Cookies are fragments of information that are saved in the User’s computer with the aim of facilitating the surfing, customising information and analysing the effectiveness and number of visits of the website. If you do not wish to receive cookies from Toprural, we suggest that you set up your navigator to request acceptance before storing any new cookie in your computer, however the disabling of the cookies may make it impossible for the website to work correctly.

III.6 Hyperlinks.

The establishing of a hyperlink with Toprural will require the acceptance and does not constitute any relationship between the page that establishes this and Toprural. It shall not be declared that Toprural has authorised this hyperlink, neither shall any inaccurate or false statements be made of Toprural, its services or the Web page; nor shall any hyperlinks be established from any page that does not comply with the General Use of this Portal.

IV. Policy regarding the protection of personal data.

For the purpose of the regulation on Protection of Data of a Personal Nature (LOPD), Toprural informs the User of the existence of a datafile of a personal nature that includes the personal details obtained through the Portal, with the aim of statistics, redefining the services offered in the Portal, for the sending of technical, promotional information and for the maintenance and management of the legal, business or commercial relationship, or the provision of the services that Toprural maintains with the User. In this respect, by accepting the current legal warning, the user is aware that his/her details are used for the purposes indicated in the previous paragraph and, consequently, as the case may be, for the administration of their registering in the Website and the maintenance and development of the relationship they have with Toprural as a registered User; for the publication of their reviews or pictures relating to rural accommodations and for the development of contact tools with accommodations or Users. Furthermore, by accepting the boxes found in the forms which are included in the Portal, the User may consent that the personal details are used to send commercial and informative communications about Toprural (by any means, including e-mail, SMS, etc.). The User may exercise their rights recognised in the LOPD of access, amendment, opposition and cancellation by means of a Form containing a cancellation request that Toprural makes available. The written and signed request can be sent by post to Toprural at the following address: Paseo de la Castellana, 79, 28046 Madrid - Spain, enclosing a photocopy of the Users and Identity Card. Toprural implements the safety levels which are required by the Regulation of development of the Organic Law on Data Protection approved by the Royal Decree 1720/2007 of 21 December. However, the technical safety in a means such as the Internet is not impregnable and there may be filters by fraudulent third parties..

V. Responsibility of Top Rural.

Toprural will only respond to the damages that the User may suffer as a result of the use of the Portal when the damages are down to a fraudulent action of the company. The User recognises and accepts that the use of the Portal, and especially the publication of reviews or images, as well as the provision of services offered herein is carried out under their entire risk and responsibility.

V.1 Regarding information.

Toprural takes no responsibility for the veracity, accuracy, suitability, thoroughness and updating of the information supplied through the website, nor on the decisions taken from this information or the damage that this may produce. Toprural is not an intermediary of services. It offers solely and exclusively the service of information as it appears in the Portal. The Users must contact the owners of the accommodations directly. Toprural will not be a part of this contracting and will take no responsibility for the quality, price, contents or availability of the service that you wish to contract or have contracted.

V.2 Quality of service.

The access to the Portal does not imply the obligation by Toprural to control the absence of viruses, worms or any other type of computer menace. It is up to the User, in all cases, to have the availability of the suitable tools for the detection and disinfecting of the harmful computer programs. Toprural takes no responsibility for the damage produced in the hardware of the Users or third parties during the provision of the Portal service.

V.3 On the availability of the service.

The access to the Portal requires third party services and supplies, including its transport through the telecommunication networks. Any breakdown in these supplies, may result in the suspension, cancellation or inaccessibility of the services provided. Toprural takes no responsibility for the damages caused to the User produced by failures or any disconnection from the telecommunications network.

V.4 Regarding the contents and services linked through the Portal

Under no circumstances will the existence of the interlinked sites, i.e. access to other pages or Internet Portals, mean the existence of agreements, recommendations, subscriptions or identification of Toprural with the aforementioned interlinked expressions, contents or services. Toprural does not know the interlinked sites and therefore takes no responsibility for damages produced by these nor for any other damage that is not directly due to Toprural.

VI. Obligations from of the User.

In general terms, the User is obliged to comply with the Legal Warning and, if applicable, the particular conditions that apply, and to always act according to the law, to the good practices and in good faith, using suitable diligence, abstaining from using the Portal in any way that may impede, damage or deteriorate the normal function of this, the property or rights of Toprural, its suppliers, Users or third parties. Specifically, by way of example, when using the Portal, as well as when supplying the services and especially when publishing reviews, the User is obliged to: (i) provide, if applicable, their details truthfully and maintain them updated; (ii) not to introduce, store or distribute in or from the Portal any information or material that goes against the General Norms of Use of the Portal; (iii) not to introduce, store or distribute through the Portal any electronic or physical device that may cause damage to the Portal, Services, information, programs, digital documents, equipment, Toprural systems or networks, or any third party, or which in any form or other is capable of causing any type of alteration or impeding the normal functioning of these; (iv) to suitably safeguard the "User Name" and the "Password", understanding that they will not transfer its use or access to third parties, accepting the responsibility that may be derived from the incorrect use of these. To inform Toprural, as soon as possible, of its loss, theft or risk of access by a third party; not to use false identities, nor impersonate others in the use of the Portal or its services.

VII. Communications.

For the purposes of the current General Conditions, and in any communication that may be required between Toprural and the User, this must be directed to Toprural by post to Toprural, Paseo de la Castellana 79 - 28046 - Madrid. Or by telephone (+34) 91 523 58 00 or via the website at Contact us.

VIII. Legislation.

The parties waiver their own jurisdiction, and if possible, submit this to the jurisdiction of the Courts of Madrid. The applicable Law will be the Spanish Law.

The current document is a translation of the Spanish version, which is the only legally binding document. It may be examined at: http://www.toprural.com/po/terms.html

V. aug2012

You, as owner or legal representative (hereinafter “the Owner”) of a rural accommodation (hereinafter "the Services"), and Toprural have a common objective: the subscription of its services and the satisfaction of rural travellers (hereinafter "the customers").

As partners we collaborate to provide a greater awareness of “the services” offered and provide the best service to “the customers”. With regards to the traveller, both you and Toprural coincide in our efforts to create the best possible channel of subscription for “the services” that we offer.

We therefore propose the following contract:

If the following conditions are accepted, the owner will be able to access the subscription plans offered by Toprural to promote "the services" and will specifically be accepting the conditions found in the Legal Notice (Toprural.co.uk/legal) (herein known as the Contract). These subscription plans can be found in Toprural.co.uk/po/promo.html. Promotion plans are directed exclusively to “ rural” accommodations, which is understood as being those whose characteristics and/or surrounding area may be considered as rustic. The remaining services offered by Toprural to the Owner and the traveller in www.Toprural.co.uk (notice board, forums, etc.) are free of charge, and the current conditions do not apply. For further information on these services please consult the Legal Notice published in Toprural.co.uk/legal.

With regards to the subscription plans:

• Toprural agrees to give the Owner access to the data of "the services" they offer and to carry out any required change of photographs, so that these can be edited or updated.
• Toprural will provide the Owner, if requested by the latter, with access codes to modify directly any part of the information published regarding "The Services". The Owner shall look after and preserve the confidentiality of these and will be responsible for the use that these access codes are given.
• Toprural adopts very strict measures to maintain the constant service available to its users. However, due to the inevitable technical restrictions, Toprural will not be responsible for an eventual temporary interruption of the service. In the improbable case of an interruption for a period of over one week, Toprural will compensate Owners with an extra week of their contracted subscription.
• Toprural reserves the right to carry out a selection of "the services", based on their own criteria, which are susceptible to taking advantage of the offers and being published in the Toprural website.
• The owner must publish truthful, exact and provable information on the characteristics of the "the services" offered in the website. The Owner is responsible for the information published and agrees to maintain these details updated at all times.
• The Owner authorises Toprural to verify the information published with the aim of streamlining the use of the website, as well as reducing and editing the information published on “the services” if this is inaccurate or incorrect.
• In order to give the customer a better service, the Owner agrees to give further and more precise information on request, by telephone or e-mail, of the information published in Toprural.

The use of the information given to Toprural by the Owner

Toprural is allowed to carry out any additional subscription work on “the services” offered by the Owner in other sections of the Toprural.co.uk website (for example, other websites, publications, search engines on the Internet, etc. directed at potential customers). The Owner authorises Toprural to use the information given so that this may be provided to a third party for its publication or distribution.

According to the Law 34/2002 (LSSI), the Owner expressly authorises Toprural to send them commercial information and the offers related to the “Services” by e-mail.

Customers' comments, reviews and votes

We have a common objective: the subscription of “the services” offered by the Owner. The reviews of travellers are a key factor for the success of the Toprural website and for you to receive numerous reservations or customers through Toprural.

When it comes to evaluating the comments or reviews of customers, Toprural must respect their freedom of speech and opinion.

• Therefore, the Owner and Toprural accept to give the opportunity to guests to offer their reviews freely, whether they are negative or positive, with regards to "the services". The reviews which infringe upon the honour of the Owner or third parties will not be published.
• Toprural is in no way responsible for the comments or reviews of customers or the possible damage or harm caused by the latter. Customers that provide comments or reviews must identify themselves and their details are found in the Toprural files. Nevertheless, in virtue of the regulations on the Protection of data of a personal nature, Toprural is not authorised to provide personal details to “Customers” without the bearer’s consent or the request of the pertinent administrative or judicial authority.
• The Owner may answer any comment made by a customer, on the condition that they identify themselves with their own name as the owner and respect the same conditions which are required from the customers themselves.

Codigos HTML

Toprural authorizes The Owner, upon their request, to enter the HTML codes offered by Toprural into their own website, without making any modification of these, except those regarding the format, colour and font. Toprural reserves the right to deny The Owner the use of these HTML codes and especially to those Owners that carry out any non-authorised modifications.

The Distinction of quality

The "Distinction" consists of a steel plaque, enamelled in 4 colours with the Toprural logo, along with the text "Accommodation recommended in Toprural.co.uk" which can be placed at the entrance of the accommodation.

Toprural shall give a licence for the use of the Distinction to those Owners whose Accommodation, according to their consideration, meets the following conditions (this distinction is non-exclusive and untransferable):

• They have been with Toprural for more than 12 uninterrupted months, and have subscribed to one of their subscriptions.
• They have more than five travellers' reviews published in Toprural.
• They have an average evaluation by users with a minimum of 4.25 stars (out of five).

If any of these attribution conditions are not met and especially (but not limited to): there is no renovation of your subscription in Toprural or the average number of stars is below 4,25; Toprural may notify the Owner of the Accommodation in relation to their obligation to immediately remove the Toprural Distinction. Should this be the case, the owner agrees to remove and return the Distinction to Toprural in a non-extendable time of 15 days.

The licence for the use of the Distinction is awarded only and exclusively for its use as an identification of the Accommodation.

The Owner will avoid using the Distinction as if it were a legal or officially authorised requirement, and is obliged to clarify that this Distinction is of voluntary use and is based on a private legal agreement.

The Owner accepts that Toprural may modify at any time the conditions of allocation and any other regarding the concession or the removal of the Distinction sign, applying what is foreseen in the section “Temporary appliance of the conditions” of these conditions. In those cases of termination or the resolution for any reason of their contractual relationship with Toprural or of the contract for the use of the Distinction sign, the Owner agrees to remove the sign and return it to Toprural by registered post to Paseo de la Castellana, 79, 28046 Madrid - Spain, in the non-extendable period of 15 days.

Specific conditions

• The different procedures that must be carried out to sign the contract are clearly explained in the section: 12 simple steps. Toprural will electronically store the data that appears in The Contract. To identify and correct mistakes, you can send an e-mail to Toprural at any time during the period of time it is valid. The contract can be executed in Spanish and/or English, being at all times the former the only valid version in case of a conflict of interpretation between both versions.
• The Owner can contract specific subscriptions that appear in the section http://www.Toprural.co.uk/po/promo.html. The payment subscriptions that The Owner may contract have a duration which is found in this section from the moment they are contracted and after being accepted by Toprural, and the date will be indicated in the e-mail and the invoice that Toprural will send the Owner.
• Those accommodations that have not been published in Toprural can register with a one month free trial subscription. After this trial period, they can contract any of our current subscriptions. The payment for these subscriptions is made when contracting via any of the means of payment accepted by Toprural:
  • Paypal. Available for all customers
  • Bank draft. Only for customers with a Spanish bank account.
  • Bank card payment via the Adyen payment platform.
  • Bank transfer to an account given by Toprural
• If The Owner wishes to cancel or postpone the subscription before the agreed and contracted period of time has ended, Toprural will maintain the balance in The Owner’s favour which is equivalent to the amount of time not used in the initial contracted subscription. This balance may be used by The Owner during the 12 months following the cancellation, to contract a new subscription or to reactivate the cancelled or postponed subscription. The customer at no time has any right to a refund of the balance nor equivalent amounts.
• The free subscriptions can be removed or modified by Toprural at any time and without prior warning.
• At the end of the corresponding Contract, without any prior legal proceedings by any of the two parties, it shall be understood that the Contract is extended for a period of time which is similar to the initial contract.
• Toprural reserves the right to review the price or other conditions of any of the subscriptions without prior warning. In this case, the automatic extension will not be carried out. On the finalisation of the valid Contract, if a renewal of the subscription is accepted, it is understood that The Owner has subscribed to a new Contract with Toprural accepting the Conditions of Service, legal notice and corresponding subscription (all hereby known as the Contract).

Early termination of the Contract

The Contract shall be terminated earlier than the expiry date, if any of the parties seriously breaches any of the obligation foreseen in the Contract, considering the following, among others, as a serious breach of contract:

• That the Owner blatantly publishes inaccurate information on the website, carries out actions which are considered unsuitable or unfair for use by the sector, provides untruthful details on the characteristics of a Service, and/or refuses to provide access to customers to express their opinions on the "service".
• That the Owner does not pay or is behind in the payment of the subscriptions contracted with Toprural by more than 5 days.

Force Majeure

A Force Majeure is considered as that which is any event or circumstance that is not subjected to the control of either party or any other contingency that cannot be foreseen, or, if it is foreseeable, is unavoidable according to the conditions and Case Law of Article 1.105 of the Civil Code. If the service of the current contract is interrupted through Force Majeure, this obligation shall be postponed for the time and duration that is deemed justifiable.

Temporary application of the conditions

The current conditions, as well as the Legal Notice, may be modified at any time. The possible modifications of the conditions will only come into force as from the end of the contracted period. In the case of a possible modification the automatic extension will not apply, and Toprural shall send the Owners a link for the new conditions.

Jurisdiction and applicable law

Both parties, expressly waiving their own jurisdiction, if possible, submit their case to the Courts and Tribunals of Madrid. The applicable Law shall be that of the Spanish Legal System.