You, as owner or legal representative (hereinafter “the Owner”) of a rural accommodation (hereinafter "the Services"), and TopRural have a common objective: the promotion 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 promotion 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 promotion plans offered by TopRural to promote "the services" and will specifically be accepting the conditions found in the Legal Notice (
http://en.toprural.com/avisolegal) (herein known as the Contract).
These promotion plans can be found in
http://en.toprural.com/promo. The promotion plans are directed exclusively at the accommodations of a "rural" nature that have the corresponding official title.
The remaining services offered by TopRural to the Owner and the traveller in en.toprural.com (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
http://en.toprural.com/avisolegal.
With regards to the promotion plans:
- TopRural is committed to giving the owner access to the information on “the services” which it offers and to carry out any changes in the photographs which are requested, so that these may be modified and updated.
- TopRural will provide the Owner, on his / her request, with a password to be able to modify directly part of the information published in “the services” which correspond to his/her contract. The Owner shall keep under their own custody and preserve the confidentiality of these and will be responsible for the use that these access codes may be given.
- TopRural has adopted very strict measures to maintain the service available practically 100% of the time. Nevertheless, due to the inevitable technical limitations, TopRural is in no way responsible for any eventual temporary interruption of the service. In the unlikely event of an interruption of more than a week, TopRural will provide compensation to the Owner in the form of an additional week of the contacted promotion.
- TopRural reserves the right to carry out, under its own discretion, a selection of “the services” to access the offers and for them to be published in the TopRural website.
- The Owner must provide true and exact information on the characteristics of “the services” offered in the website. The Owner is responsible for the information published and will maintain this data up-to-date at all times.
- The Owner authorises TopRural to verify the information published and, in order to be able to facilitate the use of the website, to reduce and modify the information published on "the services".
- To be able to give the best possible service to the customer, the Owner shall provide details and expand on the information published in the website, at the request of TopRural, by telephone or e-mail.
The use of the information given to TopRural by the Owner
TopRural is allowed to carry out any additional promotion work on “the services” offered by the Owner in other sections of the TopRural.com 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 specifically authorises TopRural to send them commercial information and promotional offers related to "the Services".
Customers' comments, opinions and votes
We have a common objective: the promotion of “the services” offered by the Owner. The opinions 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 opinions 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 opinions freely, whether they are negative or positive, with regards to "the services". The opinions which infringe upon the honour of the Owner or third parties will not be published.
- TopRural takes no responsibility for the comments or opinions of customers or for the possible damages and losses caused by these. Customers who give these comments must identify themselves and are registered in the TopRural files. Nevertheless, according to the law on the protection of data of a personal nature, TopRural is not authorised to provide personal details of "the Customers" without the consent of the customer or the legal or competent authority.
- The Owner will be able to reply to any comments from Customers, on the condition that they identify themselves with the name of "The Owner" and that they respect the same conditions that govern the comments of the customers.
Codigos HTML
TopRural allows the Owner, who specifies beforehand, to enter the html codes offered by TopRural into their own website at
http://en.toprural.com/extras, without permitting any modification of these, except that which refers to the format in the colour and font. TopRural reserves the right to deny the use of these html codes to the Owner and especially for the latter to 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 en.toprural.com" 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 promotions.
- They have more than five travellers' opinions published in TopRural.
- They have an average evaluation by users with a minimum of 4.5 stars (out of five).
- They do not have more than one opinion with one or two stars per year published in TopRural.
If any of these attribution conditions are not met and especially (but not limited to): there is no renovation of your promotion in TopRural or the average number of stars is below 4,5; 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 is allowed to modify at any moment the attribution and any other condition, being applicable that which is foreseen in the Temporary application of the conditions. In the event of a termination or resolution for any given reason of the contract agreement with TopRural or of the contract of use of the Distinction, the Owner agrees to remove and return the Distinction to TopRural by registered mail to (C/ Gran Vía 31 - 9º 1, 28013 Madrid) in the non-extendable period of 15 days.
Specific conditions
- The different procedures that shall be followed in the signing of the contract are clearly explained in the section: 5 easy steps. Toprural will electronically file the data found in the Contract. If you wish to identify and correct any error you can do so by sending an e-mail to Toprural. The contract may be made in Spanish and / or English, being the former the only valid version.
- The Owner will be able to contract the actual promotions that appear in the section http://en.toprural.com/promo. The payment promotions that can be contracted by the Owner have a duration that appears in this section as from the signing of the contract and after the acceptance of the application by TopRural, and its date will be indicated in the e-mail and the invoice which is sent to the Owner.
- The free promotions may be removed or modified by TopRural at any moment and without prior warning. Likewise, the Owner may request their removal from these promotions at any time.
- At the fulfilment of the corresponding Contract, without any prior claim from either of the parties, the contract is understood as being automatically extended.
- TopRural reserves the right to review the price and other conditions of any of the promotions without any prior notice. If this were to occur then the automatic extension of the contract would not come into force. At the end of the prevailing Contract, if the renewal of the promotion is accepted, it is understood that the Owner has thereby renewed their Contract with TopRural, accepting the Conditions of Service, legal notice and the corresponding promotion (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 deliberately presents incorrect information in the Website or that they do not comply with the characteristics of the Service, and/or rejects the freedom of their clients to present their opinions in relation to the “service”.
- That the Owner does not pay or is behind in the payment of the promotions 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.
The current document is a translation of the Spanish version, which is the only legally binding document. It may be examined at:
www.toprural.com/propietario/condi.cfm.