In compliance with Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE or LSSI) the identification data of the company are set out below.
Comercial name: My Almeria
Fiscal name: GESTOURISM 2015, S.L.
Tax identification number: B93457679
Address: Urb. Terrazas de Costalita; 29680 - Estepona (Málaga).
Registry data: Registered in the Malaga Commercial Registry: volume number 5494, book 4401, page 219, entry 1 of the sheet MA-133026.
Email address: hola@myalmeria.com
Activity: Travel guide of the province of Almeria
In this space, you will find information related to the Terms and Conditions that define the relationship between the user and/or customer and us, as the party responsible for this Website. As a user and/or customer, you must know these Terms and Conditions before you continue using the Website.
GESTOURISM 2015, S.L. assumes the responsibility of processing the information of its users and customers with full guarantees and of complying with national and European requirements that regulate the collection and use of personal data.
This Website strictly complies with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights. It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE or LSSI).
Terms and Conditions
These Terms and Conditions govern your use of this Website that GESTOURISM 2015, S.L. makes freely available to Internet users, as well as any correspondence by email between us and you.
1. General.
1.1. The site
myalmeria.com, including any sub domain thereof and the mobile applications (collectively referred to as the “Website”) is owned and operated by GESTOURISM 2015, S.L.
1.2. References to “My Almeria”, “we”, “us”, and “our” are references to GESTOURISM 2015, S.L., its corporate officers and shareholders.
1.3. References to “you”, “your”, “yourself”, “user”, “users”, “customer” and “customers” are references to any person visiting and/or using the Website and/or contract the services of the Website.
1.4. By using and/or visiting any section of our Website you agree to be bound by these Terms and Conditions.
1.5. The Terms and Conditions constitute your agreement with My Almeria. Please read the Terms and Conditions carefully and if you do not accept the Terms and Conditions, do not use the Website. Your use of the Website will constitute your acceptance of the Terms and Conditions.
1.6. My Almeria reserves the right to change the Terms and Conditions at any time without any prior notification. You are therefore responsible for regularly reviewing the Terms and Conditions. Your continued use of the Website following any such changes shall constitute your acceptance of such changes, without prejudice to the application of the corresponding mandatory legal regulations.
1.7. If any provision or clause of the Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, that provision or clause will be severed and the other provisions or clauses of the Terms and Conditions will remain in full force and effect.
1.8. The headings of the different provisions or clauses are for information purposes only and they do not affect, qualify or broaden the interpretation of the Terms and Conditions.
1.9. The use of the terms “include”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
2. Languages.
2.1. The Terms and Conditions have been drafted in Spanish and may have been translated into other languages available on the Website. In the event of any discrepancy between the Spanish and translated texts, the Spanish text shall prevail and shall be used to resolve any doubts arising in respect of interpretation and/or application.
3. Access to and use of the Website.
3.1. My Almeria grants you a personal, limited, non-exclusive and non-transferable privilege to enter and use the Website. My Almeria may terminate this privilege immediately in the event you breach any of the Terms and Conditions or at any time at My Almeria´s discretion. In this case, My Almeria may take measures to prevent the further use of the Website by you, including blocking your IP address.
3.2. Access to the Website is permitted on a temporary basis, and My Almeria may suspend or terminate the operation of or access to the entire Website, or certain parts of the Website, for any reason, at any time, with or without prior notice and regardless of any previous conditions. My Almeria will not be liable if, for any reason, the Website is unavailable at any time or for any period.
3.3. My Almeria reserves the right to withdraw, suspend or amend any aspect, content or feature of the Website for any reason, at any time, with or without prior notice and regardless of any previous conditions.
3.4. You must not use the Website for any purpose which (in the opinion of My Almeria) is illegal, defamatory, abusive or obscene, or which My Almeria considers discriminatory, fraudulent, dishonest or inappropriate.
3.5. It is prohibited to publish, reproduce or broadcast in any way whatsoever all or part of the content displayed on the Website, whether in editorial, graphic or pictorial form, without the express consent of My Almeria.
3.6. You may not use “page-scrape”, “robots”, “spiders” or other automatic or manual devices, to access, acquire, copy or monitor the Website or any content, or to obtain or attempt to obtain any materials, documents or information.
3.7. Unless authorized by My Almeria in writing, you may not probe, scan, or test the vulnerability of any My Almeria system or network.
4. General Contract Conditions
4.1. This document regulates the conditions governing the purchase or acquisition of products and/or services on our Website. The commercial activity that My Almeria develops through the Website includes, among other activities, the sale of Advertising Plans (Starter Plan, Premium Plan and Platinum Plan) for companies and businesses in the province of Almeria that wish to appear on our Website. Only those businesses that are within a destination and a category eligible for the sale of Advertising Plans may contract our Advertising Plans.
The prices, concepts included and excluded, and specific conditions of each of the Advertising Plans are detailed in each corresponding descriptive sheet. My Almeria reserves the right to unilaterally modify, at any time and without prior notice, the presentation, configuration and content of the Advertising Plans, as well as their contracting conditions, without this modification in any case retroactively affecting the contracts already celebrated.
4.2. The customer assumes his responsibility for the correct use of the Website. This responsibility will extend to: (i) making use of this Website only to make legally valid inquiries and purchases or acquisitions; (ii) not making false or fraudulent purchases (if it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed); (iii) providing truthful and lawful data.
4.3. The customer declares himself to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The Website is aimed mainly at customers residing in Spain. My Almeria does not guarantee that the Website complies with the laws of other countries, either totally or partially. My Almeria declines all responsibility that may arise from said access, nor does it guarantee shipments or provision of services outside of Spain.
4.4. Customers can buy on our Website by the established means and forms. The steps to publish a business on our Website are as follows: (i) the creation of a user account that allows access to the Business Area is required. When creating the user account, you must indicate the My Almeria destination where your business is located and the category of your business within the eligible options; (ii) from the Business Area you will be able to complete all the information related to your business and when you are satisfied with the result, send it for review; (iii) your business will be reviewed by My Almeria, we will complete certain fields and if everything is correct we will mark it as “Ready to be published”; (iv) as soon as your business is marked as “Ready to be published”, you will be able to access a preview of how your business would be published on our Website based on the different Advertising Plans available; (v) if you wish to publish your business on our Website, you must choose the Advertising Plan you want (as long as it is available) and make the payment for it. The payment will be annual and will give you the right for your business to remain visible on our Website for a period of 12 months; (vi) once payment has been made, you will receive an invoice by email and it will always be available in the Business Area; (vii) after these 12 months, your business will no longer be visible on our Website. We will never automatically renew your business. During the three months prior to the expiration of your Advertising Plan, you can renew it from your Business Area. Besides, days before the expiration of your Advertising Plan we will send you different emails reminding you that you can renew your Advertising Plan for a new period of another 12 months.
4.5. Once the purchase procedure has concluded, the customer consents to the generation of an invoice that will be find in their Business Area.
4.6. Each published business will have its own page (URL) within our Website with the following characteristics: (i) all business pages are marked with the "NOODP" and "NOIMAGEINDEX" tags; (ii) links to the business website are marked with the tags "noopener" and "sponsored"; (iii) links to the business's social networks are marked with the tags "noopener", "noreferrer" and "nofollow"; (iv) the business name can have a maximum length of 65 character (including spaces); (v) the subtitle of the business can have a maximum length of 65 characters (including spaces); (vi) the description of the business can have a maximum length of 1,500 characters (including spaces); (vii) the photos of the business that the client uploads will be automatically resized to 750x480 pixels and automatically optimized; (viii) the business videos must be previously hosted on YouTube; (ix) attachments that the client uploads can have a maximum size of 2Mb; (x) the titles of the announcements of the "Bulletin Board" can have a maximum length of 70 characters (including spaces); (xi) the body of the “Bulletin Board” announcements can have a maximum length of 280 characters (including spaces); (xii) My Almeria reserves the right to mark any business page with the “NOINDEX” and “NOFOLLOW” tags and eliminate and/or modify any part it deems appropriate.
4.7. By contracting any of our Advertising Plans the customer can carry out the following actions from the Business Area: (i) obtain information about the contracted plan and its end date; (ii) modify your billing information, that will be applied to future invoices; (iii) consult your invoices; (iv) control what types of email notifications you want to receive; (v) make changes to your business posted on our Website; (vi) publish announcements that will be visible in the “Bulletin Board” section of the business page and in the “Bulletin Board” section of the destination where the business page is located. Only announcements less than one month old will be visible, as well as a maximum of three announcements per business at the same time. My Almeria reserves the right to delete any announcements published on our Website.
4.8. Changes to a business page after its publication on our Website must be made from the Business Area. The version prior to the changes will continue to be seen on the Website until the changes are approved by My Almeria.
4.9. The customer acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are displayed on the Website, and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
4.10. The communications, purchase orders and payments that intervene in transactions carried out on the Website could be filed and kept in the computerized records of My Almeria to constitute a means of proving the transactions, in any case, respecting the conditions, reasonable security measures, and laws and regulations in force that are applicable in this regard, particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, regarding the Protection of Personal Data and guarantee of digital rights, and the rights that assist users in accordance with the Privacy Policy of this Website.
4.11. All purchase orders that My Almeria receives are subject to the availability of the products and/or services, and to the fact that no circumstance or cause of force majeure affects their supply and/or the provision of services. If there are difficulties regarding the supply of products and/or services, My Almeria will contact the customer and reimburse any amount that may have been paid. This will be equally applicable in cases in which the provision of a service becomes impossible. My Almeria reserves the right to reject any purchase order received, in which case it will return to the customer any amount that may have been paid.
4.12. The prices displayed on the Website do not include VAT. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the billing address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
4.13. The accepted means of payment will be credit or debit card and Bizum. Payments will be subject to checks and authorizations by the bank. If said entity does not authorize the payment, My Almeria will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the customer. In any case, when making the purchase the customer confirms that the payment method used is his.
My Almeria uses all means to guarantee the confidentiality and security of the payment data that the customer transmits during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
4.14. The customer is referred to the Legal Notice, the Terms and Conditions and, specifically, the Privacy Policy to obtain more information on how to exercise his right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April of 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
4.15. The customer who makes a purchase on our Website has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification. To exercise this right of withdrawal, the customer must notify My Almeria of his decision. You may do so, when appropriate, through the contact spaces provided on the Website. The customer, regardless of the means he chooses to communicate his decision, must express, clearly and unequivocally, that it is his intention to withdraw from the purchase contract. To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, My Almeria will reimburse the customer for all payments received no later than 14 calendar days from the date on which the customer informs My Almeria of the decision to withdraw. This refund will not generate any additional cost to the customer.
4.16. By using this Website, the customer accepts that most of the communications with My Almeria will be electronic (email and/or notices published on the Website). For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that My Almeria sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the user.
The customer can send notifications and/or communicate with My Almeria through the contact information provided and, where appropriate, through the contact spaces on the Website. Likewise, unless otherwise stipulated, My Almeria may contact and/or notify the customer by email or at the postal address provided.
4.17. No waiver of My Almeria to a specific legal right or action or the lack of requirement by My Almeria of strict compliance by the customer with any of his obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Terms and Conditions, nor will it exonerate the customer from the fulfilment of his obligations.
No waiver by My Almeria of any of these Terms and Conditions or of the rights or actions derived from a contract will take effect unless it is expressly established that it is a waiver and is formalized and communicated to the customer in writing.
4.18. These Terms and Conditions and any document to which express reference is made in these constitute the entire existing agreement between the customer and My Almeria in relation to the object of sale and they replace any other pact, agreement or previous promise agreed verbally or in writing for the same parts.
The customer and My Almeria acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Terms and Conditions.
4.19. The information or personal data that the customer provides to My Almeria in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy. By accessing, browsing and/or using the Website, the customer consents to the processing of said information and data and declares that all the information or data provided is true and lawful.
4.20. The customer can send My Almeria their complaints or claims or any other comments they wish to make through the contact details provided. In addition, My Almeria has official claim forms available to customers and users, which they can request from My Almeria at any time using the contact spaces on the Website or by email: hola@myalmeria.com. Likewise, if a dispute arises from the conclusion of this purchase contract between My Almeria and the customer, the customer, as a consumer, may request an out-of-court dispute settlement, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
4.21. My Almeria offers its services through the Internet. In principle, online access is available at all times, but it may be affected by temporary interference or interruptions when the payment for a service is executed, in particular, due to technical deficiencies, breakdowns, disturbances or interruptions of communication networks, or by failures in the computer infrastructure or in other parts of the infrastructure necessary to execute the payment of the service.
5. Self-Employed Salespeople.
5.1. My Almeria offers you the possibility of working with us autonomously and generating commissions. My Almeria grants you a personal, limited, non-exclusive and non-transferable privilege to sell our Advertising Plans (Starter Plan, Premium Plan and Platinum Plan) among companies and businesses in the province of Almeria that wish to appear on our Website. My Almeria may terminate this privilege immediately at any time at My Almeria's discretion.
5.2. To work with us autonomously you must meet a series of requirements: (i) be over 18 years of age and have the legal capacity to enter into contracts through this Website; (ii) be a resident in Spain; (iii) be self-employed or a company and issue us an invoice for the collection of commissions; (iv) ensure the good name of My Almeria and sell our products in an ethical and professional manner, without using techniques that may be considered illegal, defamatory, offensive, discriminatory, fraudulent, dishonest or inappropriate.
5.3. The salesperson may not buy, bid or register keywords related to My Almeria or our products in any search engine or metasearch engine such as: Google Ads, Bing Ads, Yandex, etc.
5.4. To work with us as a self-employed salesperson, you must register as a salesperson on our Website. You will receive a unique discount code that you can offer to companies and businesses in the province of Almeria that wish to appear on our Website and with which they will obtain a percentage discount on all our Advertising Plans. This is an exclusive discount code for each commercial, which will allow us to link that business with the salesperson owner of that unique discount code, and in this way be able to track the commissions generated. If the business does not use your discount code, or uses that of another salesperson, you will not generate any commission.
5.5. Commissions will be generated both for the sale of a new plan and for its renewal. The commission will be a certain percentage of the net price paid by the business, that is, a certain percentage of the net price of the contracted plan, discounting the discount percentage that is applied to the business through the use of the unique discount code. Salespeople will not receive a fixed amount for their services, they will only receive commissions generated by sales or renewals of our Advertising Plans.
5.6. The percentage of the unique discount code from which the business will benefit, as well as the commission percentage for the sale of an Advertising Plan and the commission percentage for the renewal of an Advertising Plan are published on our Website. My Almeria reserves the right to unilaterally modify these percentages at any time and without prior notice, without in any case this modification being able to retroactively affect the contracts already concluded.
5.7. Once you have registered as a salesperson on our Website, you will have access to the Business Area, from where you can track the commissions generated and request payment of them at any time. We do not require a minimum amount to collect commissions, but payment can only be requested for commissions generated with a minimum age of 30 days. When you request payment of commissions you will have to send us an invoice and attach it in the corresponding field. Once it has been verified that everything is correct, the payment of the requested commissions will be made by bank transfer.
5.8. Businesses have the right to withdraw from their purchase. In the event that a business withdraws from its purchase, or in the event that My Almeria rejects any purchase order received, the commissions generated will be cancelled.
5.9. When enabled, the salespeople can also use our Referral System, which uses a type of referral link that is characterized by having an identification code after the main URL, that is, instead of linking with “myalmeria.com” will link to “myalmeria.com?ref=XXXX”. By using this link, a persistent technical cookie (30 days) will be installed that will allow us to operate our Referral System and link the business that registers through the referral link with the commercial owner of the same. In this case, the business will not receive any discount when contracting our Advertising Plans and the salesperson will receive the same commissions as if a unique discount code had been used.
5.10. In the event that a business registers through a referral link associated with a salesperson, but when paying for its Advertising Plan it uses a unique discount code associated with another salesperson, the unique discount code will prevail and therefore the business will be linked when generating commissions with the salesperson owner of that unique discount code.
5.11. These Terms and Conditions and any document to which express reference is made in these constitute the entire existing agreement between the salesperson and My Almeria in relation to the object of work as a self-employed salesperson and and they replace any other pact, agreement or previous promise agreed verbally or in writing for the same parts.
The salesperson and My Almeria acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Terms and Conditions.
5.12. The information or personal data that the salesperson provides to My Almeria will be treated in accordance with the provisions of the
Privacy Policy. By accessing, browsing and/or using the Website, the salesperson consents to the processing of said information and data and declares all the information or data provided is true and lawful.
5.13. My Almeria reserves the right to stop working with any salesperson for any reason and at any time, with or without prior notice, and without taking into account the previous conditions. In this case, the commissions generated up to that point will be settled and the salesperson will no longer generate new commissions, thus resolving the link between the parties.
6. Disclaimer of Warranty and Limitation of Liability.
6.1. Although My Almeria has taken all reasonable care to ensure that the information contained within the Website is accurate at the time of publication, no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness. Therefore, My Almeria assumes no liability for the use or interpretation of information contained in the Website. Your use of the Website is on an “as is” and “as available” basis and at your sole risk, without warranty of any kind, either expressed or implied.
6.2. In particular and without limitation, My Almeria assumes no responsibility for, and makes no guarantees that (i) the Website and services on the Website will meet your requirements; (ii) services and functions on the Website will be uninterrupted, timely, secure or error-free; (iii) results that may be obtained from the use of the Website and services on the Website will be accurate or reliable; (iv) defects will be corrected; or (v) the Website, the servers that make it available or any email sent from My Almeria will be free of viruses or other harmful elements.
6.3. My Almeria shall not be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (i) loss of data; (ii) loss of revenue or anticipated profits; (iii) loss of business; (iv) loss of opportunity; (v) loss of goodwill or injury to reputation; (vi) losses suffered by third parties; and/or (vii) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
6.4. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7. Linked Sites.
7.1. The Website may contain third-party owned content and links to other websites (collectively referred to as the “Linked Sites”). The Linked Sites are provided solely as a convenience to our users. The Linked Sites are not under the control of My Almeria and therefore, My Almeria is not responsible for the contents or the privacy or other practices of the Linked Sites, including any information or materials contained on the Linked Sites. The inclusion of the Linked Sites is not an endorsement by My Almeria in favour of any third party.
You understand and agree that My Almeria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of the Linked Sites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party. My Almeria does not guarantee in any way the experience, integrity or responsibility of the Linked Sites or the quality of their products/services.
7.2. On our Website, you will find affiliate links to buy or book tourist products on third-party websites such as civitatis, guruwalk, getyourguide and stay22. We will receive a commission if you make a purchase after following these types of links. This does not add any extra costs to your purchase and helps us continue creating quality content. These types of links are characterized by having an affiliate identification code after the main URL; that is, instead of linking to "domain.com" it will link to something similar to "domain.com/?id=XXXX". If you do not want us to earn a commission from these types of links, simply locate the affiliate identification code within the link and remove it before opening the linked landing page. This way, we will not receive the commission for your purchase.
8. Privacy Policy.
8.1. Any personal information you communicate to us will be treated in accordance with our
Privacy Policy, the terms of which are incorporated into these Terms and Conditions by reference.
9. Intellectual Property.
9.1. My Almeria reserves all rights, including but not limited to any copyright, trademark, patent, trade secret, and any other proprietary right. By making services available, My Almeria is not providing to you any implied or express right.
9.2. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any software or material on the Website.
9.3. Except as otherwise stated above, you are granted permission to view, store, print, reproduce, distribute any pages or download any material from the Website for personal non-commercial use only provided that you do not modify any such page or any such material. Any unauthorized reproduction for commercial purposes of the Website or any part thereof is a violation of My Almeria´s rights.
10. Third Parties Intellectual Property.
10.1. The user accepts that all dispositions established in points 9.1. and 9.2. regarding the ownership of the rights property of My Almeria are also applicable to third parties rights in respect of the contents and services of the Linked Sites.
11. Applicable Law and Jurisdiction.
11.1. The Terms and Conditions and the relationship between you and My Almeria shall be governed by the laws of Spain. You and My Almeria agree to submit to the exclusive jurisdiction of the Malaga courts, except that My Almeria may seek injunctive relief in any jurisdiction in order to enforce its rights under the Terms and Conditions.
11.2. The failure of My Almeria to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.