Legal notice

You can contact us should you have any queries, but please read our legal notice first as you are likely to find the information you need there:

General Terms of Use of the Website

  1. 1

    Purpose

    The purpose of this document is to establish the General Terms of Use of the “fotocasa.es” Online Website and all other websites owned by Schibsted Classified Media Spain S.L. (hereinafter, Schibsted Spain), with registered office at C/Hernani, 59, 1a planta, 28020 Madrid, holder of tax number B-83411652 and filed with the Madrid Companies Registry under Volume 33640, Folio 22, Section 48, Page M-310556, entry 12, telephone number 902 199 236 and e-mail address atencionalcliente@fotocasa.es.

    Schibsted Spain reserves the right to modify the present General Terms of Use to adapt them to the laws in force at any time.

    These General Terms of Use do not exclude the possibility that certain Services on the Website, due to their specific nature, may be subject to their own specific conditions of use (henceforth Specific Conditions) as well as to the General Terms of Use.

    The use of any of the Website Services by users implies their knowledge and express acceptance of all the General Terms of Use in the version published on this site at the moment the User enters the site, as well as of the Specific Conditions which may be applicable.

     
  2. 2

    Conditions of access to and use of the website

    1. 2.1. User Status

      The use of any Website Service confers User Status on the person accessing that service.
    2. 2.2. Schibsted Classified Media Spain S.L. reserves the right to publish and fully or partially adapt the Adverts of the Advertiser on third-party websites in order to promote its proprietary websites and on websites run by third-party companies with which the website may reach agreements, as well as on other websites, such as blogs or social media sites. The Advertiser shall agree to this condition for the maximum term provided in law and for the largest possible geographical area.

    3. 2.3. Required Registration

      In general, the User is not required to register to access the Services on the Website. However, there may be certain Services that do require the prior registration of the User. Should registration be necessary, this will be expressly indicated on the page of the Service or in the Specific Conditions applicable thereto.
    4. 2.4. Free nature of the Services

      In general, the Services offered through the Website shall be free of charge. Notwithstanding this, the use of certain Services on the Website may be subject, now or in the future, to payment in the form and under the terms defined in the Specific Conditions applicable to the Service.
    5. 2.5. Use of the Website and its Services

      The User recognises and accepts that his or her use of the content and/or services offered on the Website is at his/her exclusive risk and/or liability. The User undertakes to use the Website and all of its content and Services in conformity with the law, ethics, public order and these General Terms of Use, as well as the Specific Conditions which in some cases may apply. Similarly, the User undertakes to use the services and/or content of the website properly and to refrain from using them to carry out illicit activities or for criminal purposes, infringing the rights of third parties and/or breaching intellectual and industrial property regulations or any other applicable legislation. The User knows and accepts that the website will send an automatic reply for each of the advertisements in which he or she expresses interest and with whose advertisers he or she contacts. In particular, the User undertakes not to broadcast, enter, distribute or pass on to third parties any type of material or information (data contained, messages, drawings, sound and image files, software, etc.) that may be against the law, ethics, public order or the present General Terms of Use, or the Specific Conditions, if applicable. The User undertakes to comply with such requirements, which include but are not limited to the following:
      1. Not to enter or distribute any content or propaganda of a racist, xenophobic, pornographic or pro-terrorist nature, or which infringes human rights.
      2. Not to upload or disseminate on the web any data programs (viruses or harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
      3. Not to disseminate, transfer or place at the disposal of third parties information, elements or content of any nature that infringes fundamental rights and public liberties as recognised by the Spanish Constitution and in international treaties.
      4. Not to distribute, transmit or make available to third parties information, elements or content of any nature that constitutes illicit or false advertising.
      5. Not to transmit unsolicited or unauthorised publicity, advertising material, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in areas designated exclusively for this purpose (such as commercial offices).
      6. Not to upload or distribute any false, ambiguous or incorrect information or content that could confuse the recipients thereof.
      7. Not to supplant or impersonate other users by using their registration codes for different services and/or content of the Websites.
      8. Not to distribute, transmit or make available to third parties information, elements or content of any nature that infringes the rights of intellectual and industrial property, patents, trademarks or copyright pertaining to the owners of Websites or third parties.
      9. Not to convey, transmit or make available to third parties information, elements or content of any nature that infringes the right to secrecy of communications and the legislation governing the protection of personal data.
  3. 3

    Intellectual and industrial property

    The User acknowledges that all the elements of the Website and each of the Services provided on the site, the information and materials contained therein, the structure, selection, layout and presentation of its content and the computer programs used in relation thereto are protected by intellectual and industrial property rights held by Schibsted Spain or third parties.

    Unless previously authorized by Schibsted Spain or by third parties with the relevant rights, or unless allowed in law, the user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public via any means of public communication of any of the elements listed in the preceding paragraph.

    In particular, the use of texts, images, adverts or any other elements included in this website for their subsequent inclusion, partially or in full, on other websites not related to Schibsted Spain, without Schibsted Spain´s previous written authorization, is strictly prohibited.

    The User shall use all materials, elements and information to which he or she has access through use of the Website and each of its related Services exclusively for his or her own needs and hereby undertakes not to conduct, whether directly or indirectly, any commercial exploitation of either the services or the materials, elements or information obtained by means thereof.

    The User shall refrain from eliminating the signs identifying the (intellectual and industrial property or any other) rights held by Schibsted Spain or by third parties displayed on the Website and in each of the Services offered on the site. The User shall also refrain from bypassing or manipulating any technical devices established by Schibsted Spain or third parties, whether on the Website or in any of the services or the materials, elements or information obtained via the site, for the protection of their rights.

    By uploading photos to the Website, the user freely transfers to Schibsted Spain all the corresponding intellectual property rights, where Schibsted Spain may reproduce, transform (including, without limitation, the inclusion of watermarks or other mechanisms to prevent unauthorized use by third parties), distribute and publish them (including making them available to the public) through any means of exploitation and using any format or media or means of exploitation or communication. This transfer of rights is not subject to any time or territorial limitation, i.e. it applies all around the world and for the time they are legally valid. Schibsted Spain may exercise the exploitation rights on the photographs in the way it deems most appropriate, and may transmit or transfer them, exclusively or otherwise, to third parties in the terms and conditions it deems appropriate.

    The user guarantees he/she is the full owner of the rights transferred to Schibsted Spain by virtue of this clause, and that their use and exploitation by Schibsted Spain shall not imply any breach of intellectual property rights, image rights, or, in general, any other rights held by third parties, and undertakes to indemnify and release Schibsted Spain from all liability in the event of breach.

  4. 4

    Disclaimer of warranty. Responsibility

    1. 4.1. Availability and Continuity of the Schibsted Spain Website and Services.

      Schibsted Spain does not guarantee the availability, access or continuity of operation of the Website or its Services. Subject to the limits established in current legislation, Schibsted Spain shall not be liable for the damages sustained by the User as a consequence of the unavailability, failed accesses and lack of continuity of the Website and its Services.
    2. 4.2. Schibsted Spain Content and Services

      Schibsted Spain shall be solely and exclusively responsible for the Services it provides and for any content originating directly from Schibsted Spainand identified by its copyright. Such liability shall be excluded in cases of force majeure or in the event that the configuration of the User systems is considered unsuitable for the correct use of the Internet services provided by Schibsted Spain. In all events, any liability of Schibsted Spain vis-à-vis the User for any matter shall be limited to the sum of the amounts paid directly by the user to Schibsted Spain, excluding in all cases liability for indirect damages or loss of earnings.
    3. 4.3. Third-Party Content and Services

      Schibsted Spain does not pre-check, approve or produce any of the contents, services, opinions, data communications, files, products or any information related to third parties or legal or natural persons included in the Website. Likewise, it does not guarantee the lawfulness, reliability, usefulness, truthfulness, accuracy, exhaustiveness or currentness of any third-party content, information or Services on the Website.

      Schibsted Spain does not pre-check its website material and does not guarantee the absence of viruses or other elements in content provided by third parties through the Website that may cause alterations to the users´ computer systems, electronic documents or files.

      Schibsted Spain declines all liability, including indirect or secondary liability, for any damages deriving from the use or purchase of any third-party Content or Services on the Website, nor for the lack of lawfulness, reliability, usefulness, truthfulness, accuracy, completeness thereof or that it is up-to-date. ASE will not be held liable, whether indirectly or secondarily, for damages of any nature deriving from the following:

      1. the infringement of intellectual and industrial rights and the improper or non-fulfilment of contractual obligations acquired by third parties;
      2. acts of unfair competition or illicit advertising;
      3. inadequacy and failure to meet the expectations of third-party Services and Content;
      4. defects of any nature in Services and Content provided by third parties through the Website.

      Schibsted Spain declines all liability, including indirect or secondary liability, for any damages incurred by the User as a result of the presence of viruses or other elements in Content and Services provided by third parties that may cause alterations to the users´ computers systems, electronic documents or files.

      The waiver of liability referred to in the previous paragraphs shall apply in the event that Schibsted Spain does not have effective knowledge of the activity or information stored being illicit or of its affecting the assets or rights of a third party eligible for compensation, or, in the event that it does have such knowledge, it acts diligently to remove such data and content or block all access thereto.

    4. 4.4. User Conduct

      Schibsted Spain does not guarantee that Users of the Website will use its contents and/or services in compliance with the law, ethics, public policy, or with these General Terms of Use or, where appropriate, with any specific Conditions that may apply. Similarly, it does not guarantee the truthfulness, accuracy, completeness and/or authenticity of the data provided by the Users.

      Schibsted Spain declines all liability, including indirect and secondary liability, for any damages deriving from the use of the Website Content and Services by its Users, or which may derive from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by its Users or from the stolen identity of a third party by a User in any type of action carried out through the Website. By way of example but not limited thereto, Schibsted Spain declines all liability, including indirect and secondary liability, for the following:

      1. The content, information, opinions and statements of any User or third parties or entities that are communicated or displayed through the Website.
      2. Third-party damages arising from the use of the services and contents of the Website by the User.
      3. Damages arising from lack of truthfulness, accuracy or correctness of user identities and of all the information they may provide or make accessible to other users.
      4. Damages arising from breach by any user affecting the rights of another user or of third parties, including rights attaching to copyright, trademarks, patents, confidential information and any other intellectual and industrial property right.
  5. 5

    Contracting with third parties through the website

    The User acknowledges and accepts that any contractual or extra-contractual relationship into which he or she may enter with advertisers or third parties contacted through the Website, as well as his or her participation in competitions, promotions or the purchase of goods or services, will be considered to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that Schibsted Spain declines all liability for any damages incurred as a result of its negotiations, conversations and/or contractual or extra-contractual relations with advertisers or natural or legal third parties contacted through the Website.
  6. 7

    Publication on other websites operated by the Schibsted Classified Media Spain S.L. group.

    By publishing an advert on Fotocasa, users may send and publish said advert free on the other websites operated by Schibsted Classified Media Spain S.L. for this purpose. By sending and publishing the advertisement, together with the photographs and information supplied, it will be copied on the target websites, based on the technical requirements and specifications. The user may edit the advertisement and uncheck this option in his/her My Account area at any time.
  7. 8

    Personal data protection

    Before completing User Registration, you must read the following information on Data Protection and the Law on Information Society Services.
  8. 9

    Rules of publication and forum use

    To ensure the correct conduct of this forum, fotocasa.es has set a series of rules for publication and use, whose purpose is to maintain a good atmosphere in the community while encouraging users to make their contributions to enhance the value of the matters discussed.

    Recommendations for use and writing:

    1. When entering new content in the forum, try not to do anything that would be detrimental to the general appearance of the website by making appropriate use of the tools provided by the content manager.
    2. Use correct spelling and follow the rules for good writing.
    3. Do not write in capital letters, since this is considered equivalent to shouting in the context of forums.
    4. Express yourself politely. Avoid expressions and opinions that may be offensive to other users.
    5. Make an effort to be patient with new people, since they do not know how the forums work or their regular participants.
    6. Use private messaging if you have personal problems with other users and do not make the private messages you receive public.
    7. Do not use more than one user account.
    8. Do not publish personal information on third parties.

    The messages you post will be published immediately, although they will subsequently be reviewed by fotocasa.es.

    After the review process, messages that do not meet the following publication rules may be partially modified or deleted entirely.

    1. Messages containing insults, defamatory statements, rude language or discrimination of any nature.
    2. Messages that use this space to advertise the poster´s products or services, or those containing commercial proposals or promotional remarks.
    3. Messages that are not pertinent to the subject treated in the forum in which they were posted.
    4. Messages with religious or political content.
    5. Messages containing property sales or rental advertisements. There are specific spaces in fotocasa.es for this purpose.
    6. Messages that are repeated in more than one subject area. Only the first message posted to the relevant forum will be validated.

    Additionally, we remind users that:

    1. The messages published express the users´ opinions and not those of fotocasa.es.
    2. fotocasa.es reserves the right to block the access of users who repeatedly break the publishing rules of this forum (through their IP addresses).
    3. The forum administrators and moderators are authorised to remove, edit, move or close any thread or subject at any time they deem appropriate.
    4. As a user you should be aware that any information you provide will be stored in a database.
    5. To participate in this forum, use your fotocasa.es user data. Likewise, if you create a new user in this forum you can use it to enter My Account in fotocasa.es.
  9. 10

    Termination

    Without prejudice to any damage liability as may arise, ASE may, immediately and without prior warning, terminate its relationship with the User, withdrawing his or her access to the Website or its related Services, should it suspect that said Website or any of the Services related thereto are being used against the applicable General Terms of Use or Specific Conditions. The User shall be liable for any damages arising directly or indirectly for Schibsted Spain or any subsidiaries thereof, as a result of breach of any of the obligations deriving from the General Terms of Use or Specific Conditions related to the use of the Website or of any of the Services associated therewith. Similarly, the User releases Schibsted Spain and its subsidiaries from any penalty, claim or demand brought by a third party, including any public organizations, against Schibsted Spain, its employees or agents as a result of breach of any third-party rights by said User through use of the Website or the services associated therewith in a manner contrary to the provisions set out in the applicable general terms of use or specific conditions.
  10. 11

    Miscellanea

    1. 11.1. Changes

      Schibsted Spain reserves the right to make any changes it deems necessary, including the modification, removal or inclusion of new content and/or services, as well as the way in which they are presented and located.
    2. 11.2. Under-age Users

      In general, to use the Services of the Website, minors must first request permission from their parents, tutors or legal representatives, who shall be responsible for all activities carried out through the website by the minors under their responsibility. As expressly indicated on the Website, access to certain services is restricted exclusively to persons over 18 years of age.
    3. 11.3. Terms of Use of Facebook Connect on fotocasa.es

      Facebook Connect is a service provided by Facebook through which users can take their social network with them to other websites. It enables a user to visit a website, in this case fotocasa.es, and to take his or her Facebook friends along "in a knapsack". When the user identifies himself or herself through “Connect with Facebook”, he or she can choose to share his or her activity with the rest of his or her Facebook friends who also use this fotocasa.es application. This activity can be consulted at this address: www.fotocasa.es. The activity on fotocasa.es that a user who connects with Facebook may choose to share with the rest of his or her friends who have also connected with Facebook on the fotocasa.es website, includes:
      • Advertisements of properties he or she has published so that his or her friends can help publicise them.
      • Advertisements selected as favourites so that his or her friends can rate and comment on them.
      • Comments and ratings on his or her friends´ favourites (visible to all common friends).
      • Searches saved to receive news by e-mail (e.g. I´m interested in flats for rent for sale in Pozuelo de Alarcón with at least 60 sqm)
      Furthermore, if the User wishes, he or she can publish said actions on Facebook. For example, after publishing a flat on fotocasa.es, you can choose to publish a story on Facebook, such as: "I have put a flat up for sale on fotocasa.es. Can you help spread the word?" Your activity on fotocasa.es enables the user to consult his or her entire activity and choose which information he or she shares with the rest of his or her friends. By default, the user will not share any part of his or her history of actions on the website. At no time shall Facebook or Fotocasa share any sort of private information on their users; the sole aim is that established in these General Terms of Use.
  11. 12

    Duration and termination

    The provision of services and/or content from the Website is valid for an indefinite period of time. Notwithstanding the foregoing and pursuant to clause 8 of these General Terms of Use, Schibsted Classified Media Spain S.L. is authorized to unilaterally terminate, suspend or interrupt at any time and without the need for prior notice, the provision of the service and the Website and/or any of the services, without prejudice to the relevant provisions of the corresponding specific conditions.
  12. 13

    Governing law and jurisdiction

    All matters relating to the Website are governed by the Laws of the Kingdom of Spain, and are subject to the User´s home jurisdiction. Should the User reside outside Spain, Schibsted Spain and the User place themselves under the jurisdiction of the courts and tribunals of the city of Barcelona (Spain) and expressly waive any other jurisdiction.
  13. 14

    Cookies policy

    Cookies are small text files generated by the websites you visit. They contain session data that may be useful on the website later on. The data lets the website keep your information on its pages and analyse how you interact with the site.

    Cookies are safe because they can only store the information put in their place by the browser, which is information that the user has entered in the browser or information included in the page request. They cannot run code and they cannot be used to access your computer.

    Cookies are essential for Internet operation, offering endless advantages for the provision of interactive services, enabling web browsing and usability. Cookies cannot damage your computer and having them enabled helps to pinpoint and fix bugs.

    The following information will help you to understand the different types of cookies that can be used:

    1. Session cookies: these are temporary cookies that remain in the browser´s cookies file until you leave the website. This means that no records are made on the user´s hard drive. The information obtained by these cookies is used to analyse web traffic. In the long run, this improves experience and content and makes the latter easier to use.
    2. Permanent cookies: these are stored on your hard drive and the website reads them every time you log on to it. Despite the name, a permanent  cookie has a specific expiry date. The cookie will stop working after that date. They are normally used to enable the various services offered by a website.

    The list below describes the main cookies used on our websites. We can distinguish between:

    1. Cookies that are strictly necessary, such as those used for correct browsing or those to enable payment for goods or services requested by the user, or cookies used to make sure that the web content is loaded correctly.
    2. Third-party cookies, such as those used by social media or external content add-ins.
    3. Analytical cookies for regular maintenance and to ensure that the websites collect statistical data on the activity to guarantee the best service for the user.

    List and description of cookies:

    The following tables list the aforementioned cookies used on the different websites of Schibsted Classified Media Spain S.L.:

    Cookie name Purpose
    guest Collects the guest ID to show the favourites on the website.
    UserId Collects the user ID for processing on the website.
    cklogincookie Collects the user ID for processing on the website or to remember it on the system.
    ckusername Collects the username.
    ckfacebookid Collects the Facebook ID.
    demmands-user Collects the total user requests.

    *The cost of the call from a landline includes an initial rate of €0.0118 and a per-minute rate of €0.0826 during normal business hours (taxes not included). Mobile tariffs applied by operator. Office hours: Monday to Thursday from 9:00 am to 6:00 pm and Friday from 9:00 am to 3:00 pm.