Legal Notice and terms of use
Access and/or use of the www.poppycars.com website confers USER status and full acceptance, from both this access and/or use, this legal notice and the privacy policy set out in the General Terms and Conditions of Business, which are deemed to be of compulsory compliance. To this end, we advise you to read these documents before using the functions offered by this website every time you access it, as we reserve the right to change, modify, add or delete part of these conditions at any given point.
The act of accessing the website at no point implies that there is a business relationship between the user and the site.
I – Owner of the website
In compliance with Article no. 10 of Law 34/ 2002 from 11th July on Information Society Services and e-Commerce , the following information regarding the ownership of this website is provided:
- Owner of website: Talleres Carreras, S. A. (hereafter Poppycars)
- Registered address: c/ de s’Era Alta, 73, 07714 – Mahón (Menorca), Balearic Is., Spain.
- C.I.F. A07452436
- Registration details: inscribed in the Marcantile Registry of Mahón Tome 23, Book 0, 8th Section, Page IM-1187, Sheet 147 2nd inscription
Apart from the registered address, users are provided with the following channels for the purpose of sending inquiries, cancellations or claims:
- Website contact form.
- info(a)poppycars.com (sustituir (a) por @).
II – Terms of use
1 – Introduction
Poppycars’s website provides information regarding car rental. By accessing and using this website, you are automatically complying with the terms and conditions as set out below. We recommend that you read these carefully before starting to browse on the site.
2 – User obligations
All Users agree to use this website in a law abiding manner, in compliance with the terms and conditions and without prejudice to the rights or interests of Poppycars or third parties. Users specifically agree to the following without any limitation:
- Not to incur illegal or adverse activities against public order or good faith.
- Not to attempt accessing, modifying, manipulating or making any possible use of accounts belonging to othe Users.
- Not to use the data published on the Website for the purpose of sending out unsolicited communications (spam).
- Not to introduce or disseminate any false, misleading, ambiguous or incorrect information or content on the website which may lead to misunderstanding on the part of those receiving this information. Furthermore, no content based on racism, xenophobia, pornography, or any support of terrorism or attempt against the human rights of minors is allowed.
- Not carry out any actions implying violation of intellectual property rights of Poppycars or third parties.
- Not cause any damage to physical and logical systems belonging to Poppycars, or their providers or third parties. Furthermore, not to introduce or disseminate computer viruses within the website or use any other physical or logical systems which may result in causing damage as previously described.
- Not eliminate, alter, bypass or manipulate any device or security system installed on the pages of this website.
3 – Liability Disclaimer
This website is provided “as is”, and its use is at the risk of Users, for which neither Poppycars, nor their administrators, workers, suppliers or collaborators shall be responsible in the event of damage of any type, direct or indirect, as a result of using the website, with the explicit exclusion of Poppycars, in complete accordance with legislation, and any warrantees of any type either express or implied.
Poppycars does not guarantee the website’s availability or accessibility, although it shall make every effort to ensure these. There may be occasional interruptions due to necessary maintenance operations.
Poppycars is not held responsible for potential damage as a result of interference, interruptions, computer viruses, telephone or connection problems caused by external factors beyond the company’s control; for delays or blocking of use of the current electronic system due to faults or oveload of the main data processing centre, telephone lines, the internet system or other electronic systems; or any other problem that may arise due to Users’ Software or Hardware.
It also does not guarantee the absence of viruses, malware, trojans or other elements which may affect the computer system, User documents or files, excluding the company from liability for any type of damage caused to Users because of this. In the same way, Poppycars shall not be held responsible for damages caused to third parties through illegal intromissions beyond their control.
It shall also not be held responsible for claims for damage as a result of use or or improper use of the website’s content, or for the consequences deriving from errors, faults or omissions within the content appearing on this website that is provided by the actual Users, suppliers of activities or excursions advertised on the site or other third parties. Poppycars shall not accept any obligation or liability with regard to services which it does not provide directly itself.
4 – External links
Under no circumstances shall Poppycars assume any responsibility for the content of links belonging to other sites. They shall also not ensure the technical availability, quality, reliability, accuracy, scope, veracity, validity or lawfulness of any material or information contained in any of these hyper links or other Internet sites. In the same manner, the inclusion of these external connections shall not imply any type of merger, association of involvement with these connected entities.
5 – Passwords
All passwords used to access registered User accounts are personal, confidential and non-transferable. Registered users are solely responsible for maintaining the confidentiality of their accounts, exlusively assuming all aspects of actions carried out through this account. Users must notify Poppycars at once in the event of any breach of security regarding their account.
6 – Denied access to website and cancellation of accounts
Poppycars reserves the right to deny access to their website, a well as terminating or cancelling accounts of any users who fail to comply with their terms and conditions; in the event of technical or unforeseen security problems; of inactivity of an account for a significant period; or in compliance with a legal demand/police, court or administration order. This termination or cancellation shall be conducted at the sole discretion of Poppycars, and shall not give rise to any type of compensation.
7 – Blogs, forums and publication of comments
Any use of available shared functions on the website shall be carried out at Users’ own discretion. In compliance with Article no. 16.1 of Law 34/2002 of 11th July on Information Society Services and e-Commerce, Poppycars is not held responsible for any stored user information, particularly any of the views they express, nor the accuracy, quality, reliability or the correctness of this information incorporated by users. Poppycars reserves the right to remove or not publish any comments and views which do not comply with their terms of use and violate the respect for a person’s dignity, that are discriminatory, xenophobic, rascist, pornographic, may infringe against children and young people, order or public security or which, in their opinion, do not appear appropriate.
8 – Processing of personal data
Users consent to the processing of their personal data within the scope and terms of our privacy policy, which is available for viewing on the website’s home page, with this policy included herein by reference. This policy includes information for Users regarding the way to exercise their rights to access, cancel or rectify their personal data, as well as their opposition to its processing.
9 – Intellectual property and copyright issues
Without prejudice to the content provided by the Users themselves or any third parties holding intellectual rights, the intellectual property rights of the website, its domain name, source code, design and browsing setup and elements contained within it (including images, sound, audio, video, software or texts; brands or logos, colour, layout and design combinations etc.) belong to Poppycars, who is exclusively entitled to the rights of use of these in any way, especially in regard totheir rights of reproduction, distribution, public communication and its modification, in compliance with the current Intellectual Property Law. It is strictly forbidden to reproduce, distribute and publically communicate, including the act of making available, all or part of this website’s content in any format or by any technical means, without the authorisation of Poppycars or any third parties holding rights to intellectual property or copyright of affected content. However, website users can still view elements on this site, and can even print, copy and store them on the hard disc of their pc or via other storage means provided that they are for their exclusive personal and private use. Any company or person who sets up a link with the site with prior authortity from the website’s owners must guarantee that they only permit access to this page or service, without reproducing any of the Poppycars content or services.
10 – Invalidity of clauses
In the event of any of the clauses in these terms and conditions being declared null and void, it will only affect this specific provision or section that has been declared null and void, with all the remaining provisions maintaining their validity and enforceability.
11 – Acceptance
Access and use of the website implies that you must accept all of its terms and conditions of use.
12 – Jurisdiction and applicable Law
This website is governed by Spanish legislation with the exclusion of conflict-of-law rules. Without prejudice to the recognised consumer rights regarding legal jurisdiction through Royal Legislative Decree 1/2007 of 16th November, any controversy arising from the use of the website or services linked to it shall be subject to the legal jurisdiction of the Courts of Mahón (Spain), whereby users renounce their right to resort to jurisdiction in their own country of origin.