Legal Statement


Terms of use


General

This Web site is aimed exclusively at private individuals resident in Spain. Users who live or are domiciled in any other place and that decide to access and/or use this Web site do so at their own risk and must ensure that such access and/or use complies with applicable local legislation.

The use of this Web site confers the condition of User, which implies acceptance of the version of this Disclaimer published at the time of access. Avis thus recommends that Users read it carefully each time they access the Web site.

In the same way, the vehicle rental booking service, and the prepaid booking service for vehicles, Express Preferred and other additional services provided by Avis via its Web site, are governed by the General Conditions applicable to the aforementioned services, which replace, complement and/ or modify this Disclaimer. Thus prior to application and use of said services, the User should read the relevant General Conditions carefully.

When this Web site or parts thereof are accessed by entering a password assigned to the User by Avis when completing the relevant form said User shall be deemed to have done so, and shall in all cases be liable for said access and use. The User shall at all times be responsible for the safekeeping of his password, thus assuming any damages that may arise from its improper use, or sharing, disclosing or losing it. If the password is forgotten or any other circumstance arises that implies a risk of access and/or use by unauthorised third parties, the User will immediately notify Avis so that the latter can immediately block and replace it. In any case, any operations carried out before said notification shall be considered to have been carried out by the User, who shall be liable and will pay the expenses and/or damages incurred as a result of any unauthorised access and/or use before said notification.

Acceptable Use

The User undertakes to use this web site in accordance with this Disclaimer and not to pursue activities contrary to the law, decency or public order. The User undertakes to make proper and lawful use of this Web site and its contents, in accordance with this Disclaimer, and not to pursue activities contrary to the law, generally accepted good customs, decency or public order. In particular, the User undertakes not to:
  • Transmit, disseminate or supply third parties with harmful, obscene, defamatory or otherwise illegal information.
  • Use this Web site in a manner that causes or may cause an infringement of the rights of third parties
  • Make an unauthorised, false or fraudulent booking
  • Use any software or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Web site, including but not limited to uploading or providing access to files containing viruses or files that may cause damage, via whatever means.
  • Modify, alter or interfere with any of the items of this Web site
  • Carry out any action that imposes an unreasonable or disproportionately large load on the Web site or related infrastructure
  • Obtain or attempt to obtain, via whatever means, unauthorised access to any of the Avis networks.

Avis reserves the right to cancel the User's bookings or deny access to the Web site, without notice, if the User pursues any of the aforementioned activities and to take such legal action as it deems necessary..

Changes in the Web site

Avis reserves the right to make improvements or changes to the information, services, products and other elements of the Web site and to this Disclaimer at any time, without notice. Avis reserves the right to interrupt access to its Web site, and the provision of all or some of the services that it provides on-line, at any time without notice, whether for technical, security, monitoring, or maintenance reasons, power cuts or any other reason. Said interruption may be temporary or permanent. Consequently Avis does not guarantee the reliability, availability or continuity of its Web site, so the User uses it at his own risk, but may not at any time claim liability from Avis in this respect.

Links to other web sites

The Web site includes links or browsers that provide access to third-party web sites. Said links will be provided solely for the purposes of reference. Although Avis only allows links to other web sites that it believes in good faith do not infringe the laws or rights of third parties, Avis does not accept any liability for the information contained in third-party web sites that can be accessed through links or browsers on this Web site, since their purpose is to inform the User of the existence of other online sources of information on the subject, where he can amplify the data offered on this Web site, and under no circumstances does it imply any suggestion, invitation or recommendation concerning them. For all these reasons Users are recommended to consult the General Conditions and Privacy Policies of the third party web sites they access through links on this Web site. Avis reserves the right to remove links to any web sites if it has reliable knowledge that the activities pursued on said web sites or their contents are illegal or infringe third party rights, or should it be required to do so pursuant to a court decision or government order.

Limitation of liability

Avis does not guarantee the availability or continuity of operation of the Web site. Avis shall not be liable for any loss or damage in the event of the service being subject to interruptions, delays, errors, malfunction and, in general , any other problems originating in causes outside the control of Avis, and/or due to the User's malicious or negligent conduct and/or due to Force Majeure. Without prejudice to the provisions of section 1105 of the Civil Code, Force Majeure shall be deemed to include, in addition, and for the purpose of this Disclaimer, any events outside the control of Avis, such as: faults of third parties, operators or service companies, Government action, lack of access to third-party networks, actions or omissions of Public Authorities, those that may occur as a result of natural phenomena, power cuts, etc. and attacks by hackers or third-parties specialising in the security or integrity of the information system, provided that Avis has adopted all existing state-of-the-art security measures. In any case, whatever their cause, and to the extent permitted by the applicable legislation, Avis shall not accept any liability whatsoever for direct or indirect damages, consequential damages and/or loss of earnings. Avis shall have the right, without indemnifying the User for these items, to temporarily suspend this Web site in order to carry out maintenance operations, improvements or repairs. Avis adopts various measures of protection in order to protect the Web site and its Contents against third party attacks. However, Avis does not guarantee that unauthorised third parties do not know which pages of the Web site the User visits, or the conditions, characteristics and circumstances in which the User visits the Web site. Consequently, Avis shall under no circumstances be liable for any loss or damage that may arise as a result of said unauthorised access.

Indemnity

The User shall be liable for any loss or damage of any kind that Avis may suffer as a result of the breach of the obligations to which he is subject pursuant to this Disclaimer or any General Conditions that may apply.

Applicable Law and Jurisdiction

The User recognises and expressly agrees that this Disclaimer represents the full extent of any agreement between him and Avis, either verbal or in writing, in relation to the subject matter thereof. This Disclaimer replaces and substitutes any proposals, correspondence, undertakings or other prior communications, either in writing or verbal, between the User and Avis in relation to the Disclaimer. For any question involving litigation or which affects the Avis Web site, Spanish law shall apply, the Courts and Tribunals of the City of Madrid (Spain) being responsible for deciding any disputes arising from or related with the use of this Web site



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