Booking conditions

Terms of use:

The purpose of these General Terms and Conditions of Contracting is to regulate the contractual relationship between SANS GAYÀ HERMANOS SL (hereinafter "the company/entity") and You (hereinafter "the client/user"), regarding the contracting and/or purchase of hotel accommodation and/or tourist services made through the website www.florlosalmendros.com (hereinafter, "the website"), domain owned by SANS GAYÀ HERMANOS SL, a legally established company, with registered office at BULEVAR PAGUERA, No. 36, 07160 PAGUERA, BALEARIC ISLANDS, provided with CIF/NIF number B07614373 and registered in the Mercantile Registry of BALEARIC ISLANDS at .Volume 1077, Folio 23, Sheet 12947, Section 8.

I.-PRE-CONTRACTUAL INFORMATION

If you are under 18 years of age, you cannot buy and/or contract any of the hotel accommodation and/or tourist services on the website www.florlosalmendros.com. To acquire and/or contract any of the hotel accommodation and/or tourist services on the website, you must be of legal age.

We recommend reading these general terms and conditions of contracting before making a purchase, as accepting them is a prerequisite for contracting. Prior to starting the contracting process, the company/entity provides you with these general conditions so that you can store and reproduce them.

We inform you that an electronic file of these general conditions of contracting is created, which will be accessible to you at all times. All information provided during the contracting process will be stored by the company, and you, prior to contracting and during the purchase process, will be able to access, store, and print these general conditions of contracting for consultation.

We inform you in advance of the procedures you must follow to accept these general conditions of contracting. The procedures for contracting the hotel accommodation and/or tourist services offered are those described in these general conditions, as well as any specific procedures indicated on the website during navigation, so that you as a client/user declare knowing and accepting those procedures as necessary to acquire and/or contract the hotel accommodation and/or tourist services offered on the website.

The contracting of our hotel accommodation and/or tourist services can be formalized in any of the languages available on the website. However, the language in which these general conditions of contracting are formalized is Spanish.

The company provides you with adequate technical means during the contracting process to identify and correct errors. Any modification or correction of the data provided by you during navigation must be done according to the instructions included on the website. This page shows confirmation windows of the data provided, which may not allow you to continue with the purchase or contracting if the data entered is not in the correct format. In any case, before making the payment, you will be able to view on the website the selected hotel accommodation and/or tourist services and the details of your contraction so that, if necessary, you can modify the data of this contract. If you detect an error after completing the payment process, you must contact customer service at the phone number: 971686093 or at the email address: reservas@florlosalmendros.com.

By providing your personal data, you expressly consent to the processing of these personal data for the purpose of acquiring and/or contracting the hotel accommodation and/or tourist services on the website.

The online acquisition and/or contracting of the hotel accommodation and/or tourist services offered by the company through this website is subject to the provisions of these General Terms and Conditions of Contracting.

The acquisition and/or contracting of any of the hotel accommodation and/or tourist services of the company through the website requires acceptance of each and every one of the general conditions of contracting and/or the specific conditions applicable to the hotel accommodation and/or tourist services acquired and/or contracted.

These General Conditions are subject to the provisions of Law 34/2002, on information society services and electronic commerce; Law 7/1998 on General Conditions of Contracting; Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions implementing article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defence of Consumers and Users, and the complementary laws that may be applicable. Also, the online contracting of the hotel accommodation and/or tourist services offered by the company through this website is subject to the provisions of the legal notice on the website.

The company/entity reserves the right to unilaterally modify these conditions, without affecting the hotel accommodation and/or tourist services or promotions that were contracted prior to any modification.

For any queries, you can contact us by email at: reservas@florlosalmendros.com.

II.-SELLER INFORMATION.

This website is operated by:

• Company Name: SANS GAYÀ HERMANOS SL
• CIF/NIF: B07614373
• Address: BULEVAR PAGUERA, No. 36, 07160 PAGUERA, BALEARIC ISLANDS
• SANS GAYÀ HERMANOS SL sells hotel accommodation and/or tourist services at www.florlosalmendros.com.
• The company/entity has its registered office and/or establishment at BULEVAR PAGUERA, No. 36, 07160 PAGUERA, BALEARIC ISLANDS.
• SANS GAYÀ HERMANOS SL is the owner of the domain and the website www.florlosalmendros.com.

III.OBJECT OF THE CONTRACTING CONDITIONS

These contracting conditions aim to regulate the sales conditions of the hotel accommodation and/or tourist services offered by the company on this website. These conditions govern the contractual sales relationship generated between the company and you when you accept the corresponding box during the online purchase and/or contracting process.

The characteristics of the hotel accommodation and/or tourist services purchased and/or contracted are reflected on the website.

Your contracting of any of the services offered through the website www.florlosalmendros.com implies acceptance and submission to these General Terms and Conditions of Contracting and to the specific conditions that may apply to the contracting of each of the hotel accommodation and/or tourist services.

The prices applicable to the hotel accommodation and/or tourist services contracted by you are indicated on the website at the time of contracting and/or acquisition. VAT is included in the price.

All means and technical requirements necessary to access the website and the hotel accommodation and/or tourist services offered therein are exclusively the responsibility of the client/user.

Once you access the website, to proceed with the acquisition and contracting of the different services, you must follow all the instructions and guidelines on the website, by completing the required contracting conditions and other forms set for each service, which implies reading and accepting these General Terms and Conditions of Contracting, as well as, where applicable, the specific conditions that apply.

IV.CONTRACTING PROCEDURE

The contracting of the hotel accommodation and/or tourist services must be done through the specific selection of the desired service using the purchase selection tools found on the website. After selecting and verifying the purchase request, you must expressly accept the contracting conditions, as shown on the website. From the moment of acceptance, you become a client/user of the company/entity. We recommend reading these General Terms and Conditions of Contracting more carefully, and printing them on paper or saving the document in electronic format.

To contract any of the hotel accommodation and/or tourist services on the website, you must provide your personal and/or professional data. In some cases, you may need to set up a username and password to access areas that require this prior identification. When you enter your personal data on our website, or contract one of our services, your personal and/or professional data will be entered into our database, and will be used exclusively to process the sale of the contracted service, during the selected period, and to send you information or offers of similar services to those purchased that may be of interest to you. At any time, you can modify the data in your client record (address, contact phone number, email address, etc.).

Contracting/purchase procedure:

1.-To start the contracting and/or acquisition of a service on the website, you must follow the page instructions and select the service you are interested in contracting.

You will be able to view and control the selected hotel accommodation service by following the buying and/or contracting instructions on the website. When selecting the service on the website, you will be able to view the service's characteristics and price. Additionally, we specify whether VAT is included in the final price of the selected service, and the contracting conditions including information regarding expenses. VAT is included in the price.

Upon completion of the selection of the hotel accommodation service, you must proceed with the payment. Before confirming the payment, we will inform you again of the price of the selected hotel accommodation and/or tourist services, specifying whether VAT is included in the final price of the selected service, the contracting conditions, including information regarding the date of the selected service provision, and we will also indicate whether there are any extra costs, specifying their amount. In any case, you will be informed of the expenses of the hotel accommodation service you have contracted in case these are not included in the final price of the selected service purchase or contracting.

You will also receive information regarding the possibility of applying discounts. At this point, you can continue shopping or proceed with the payment and/or contracting.

2.-To complete the contracting and payment of the service, you must fill out a form with the requested data. The data that are mandatory for purchase and payment will be marked with an asterisk.

Once you have entered the mandatory personal data in the contracting and payment form, you must accept the Contracting conditions and purchase by checking the corresponding box. Additionally, you must expressly consent to the processing of your personal data for the purpose of acquiring and/or contracting the hotel accommodation services on the website by checking the privacy policy and personal data processing box.

You can also request, by checking the corresponding box, to receive newsletters and offers from the company/entity. And confirm the billing address.

3.- The payment method accepted by the company/entity is:

• Visa
• Master Card
• American Express

4.- For the company/entity, the security of its customers is essential […]. Therefore, in order to protect the transmission of confidential information, the website has a data encryption protocol through an SSL Security Certificate. The SSL encryption technology protects economic transactions and data flow (name, address, credit card number, etc.), allowing operations to be carried out securely. For payment with Visa and Mastercard credit cards, the customer must have activated payment through CES (Secure Electronic Commerce). You can tell if the Secure Electronic Commerce protocol is activated by the VISA logos "Verified by VISA" and Mastercard "Mastercard Secure Code". In all operations, the system validates with the card-issuing bank the key/PIN/signature/security code that the customer must have, which, together with the credit card number, expiration date, and the 3 digits on the back, ensure the security of the transaction. This key/PIN/signature/security code is called the Secure CES Code for secure electronic commerce. The customer's credit card information will be absolutely confidential (neither the company/entity nor third parties will have access to it).

In the event that payment by card is denied, the service contracting will automatically be canceled, and the customer will be informed of the cancellation by electronic means.

5.- Finally, you must confirm the contracting and/or purchase of the selected hotel accommodation and/or tourist services.

V.CONTRACTED SERVICE

The hotel accommodation and/or tourist service is offered on the website with a description as accurate as possible of its characteristics.

VI.PRICE AND SERVICE AVAILABILITY

The prices applicable to each of the hotel accommodation and/or tourist services are published on the website and indicated for each service. The prices of the hotel accommodation and/or tourist services are reflected in euros.

Prior to your acceptance of the contracting and/or acquisition operation, the prices of each of the selected and/or contracted hotel accommodation and/or tourist services will be clearly specified, as well as the expenses that will apply to the operation and the promotions or discounts that may apply, if any.

The company reserves the right to modify its prices at any time. In case of a modification of the sale price, the hotel accommodation and/or tourist services will be invoiced according to the current price during the registration of the contracting and/or acquisition.

Any payment made to the company/entity will result in the issuance of an invoice in your name.

For any information on the contracted and/or acquired service, you must contact us by email at: reservas@florlosalmendros.com, indicating in the subject of the message your client/user data.

VII.OFFERS

The offers are appropriately marked. The hotel accommodation and/or tourist services offered on the website will be available until any product-related modification occurs, which will be notified with a week's notice.

VIII.RIGHT OF WITHDRAWAL AND CANCELLATION

The right of withdrawal of the user/consumer, provided for in article 68 of Royal Legislative Decree 1/2007, of November 16, is not applicable in this contract, as it is a hotel accommodation service and the exceptions to the right of withdrawal provided for in article 103 of Royal Legislative Decree 1/2007, of November 16, apply.

Cancellation Conditions:

The withdrawal and/or cancellation conditions are specified in the contracted reservation.

IX.CELEBRATION OF THE CONTRACT

The contracts will be considered concluded and will produce all the effects provided for by the legal order when the consent and the other requirements necessary for their validity exist, and will be governed by the provisions of Law 34/2002, of July 11, on information society services and electronic commerce (LSSI), articles 23 and 24, the Civil Code, the Commercial Code, and other applicable civil or commercial laws. If you are a consumer, this contract will be considered concluded in the place where you have your habitual residence. If you are a professional or business owner, this agreement will be considered concluded in the location of the company's registered office and/or establishment.

X. MODIFICATION

The company/entity reserves the right to modify or replace these contracting conditions if new economic, commercial, regulatory, and/or extraordinary circumstances arise that affect the product sale and/or service provision and/or related aspects that justify modifying these conditions. Unilateral modifications to these conditions for justified reasons will never affect the contracting conditions of products, services, or promotions that were previously contracted before any modification.

XI.LIABILITY REGIME

The company/entity will not be liable for problems arising from a lack of access or problems inherent in Internet connectivity or electricity networks when these are beyond its control or result from causes that could not have been foreseen by the parties or that, even being foreseeable, the company/entity has made all reasonable efforts to avoid them or they are considered fortuitous or force majeure causes.

The company/entity will in no case be liable for delays in the performance of its obligations or the non-performance thereof if this failure is due to fortuitous cases or reasons of force majeure, in accordance with the provisions of article 1,105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. The agreed service provision periods will be extended, at the very least, for the period of time the force majeure event lasted. If the force majeure event lasts more than three (3) months, either party may terminate these contracting conditions.

XII.INTELLECTUAL PROPERTY PROTECTION

SANS GAYÀ HERMANOS SL owns the domain and the website www.florlosalmendros.com. The trademark is duly registered in the name of SANS GAYÀ HERMANOS SL. Likewise, the website www.florlosalmendros.com, including but not limited to its programming, editing, compilation, designs, logos, text, and/or graphics, are the property of SANS GAYÀ HERMANOS SL, and are protected by national and international legislation on intellectual and industrial property. Therefore, the rights holder expressly prohibits the use or reproduction, in whole or in part (by any physical or electronic means), by third parties, unless there is a written agreement or authorization to do so.

User access to the website does not grant any ownership rights over it. SANS GAYÀ HERMANOS SL will exercise legally provided actions against those who, knowingly and without authorization, perform any of the detailed acts.

XIII.APPLICABLE LAW AND JURISDICTION

These general conditions will be governed and interpreted in accordance with Spanish legislation in those aspects that are not expressly established. The parties submit to the jurisdiction of the competent Courts and Tribunals for any questions that may arise or actions may be taken derived from the provision of the website service and its services and contents, and on the interpretation, application, compliance or breach of what is established in these general conditions. In case the user is a consumer, the competent Courts and Tribunals will be those provided for in the current consumer regulations.

Furthermore, we remind you that you can access the European Union's online dispute resolution platform by following this link (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).

XIV.PERSONAL DATA

In accordance with the provisions of the General Data Protection Regulation GDPR EU 679/2016 and Organic Law 3/2018 of December 5, on Personal Data Protection and Guarantee of Digital Rights, the following information on the processing of your personal data is provided: DATA CONTROLLER: SANS GAYÀ HERMANOS SL, CIF: B07614373, Address: BULEVAR PAGUERA, No. 36, Postal Code: 07160, PAGUERA, Telephone: 971686093, Email: reservas@florlosalmendros.com. DATA PROTECTION OFFICER: CONTACT: / http://www.protecmir.com / EMAIL: protecmirlegal@protecmir.com.

PURPOSE: At SANS GAYÀ HERMANOS SL, we process your personal data in order to provide you with the hotel accommodation service at our establishment, manage the sending of information and commercial prospecting, and carry out the invoicing of the contracted services. In order to offer you services according to your interests, we will create a commercial profile based on the information provided. No automated decisions will be made based on this profile. The personal data provided will be kept as long as the commercial relationship is maintained and no deletion is requested, for a period of 5 years from the last contract and/or reservation made. In any case, your personal data will be kept as long as it is useful for the indicated purpose, and in any case, for the legal periods and for the time necessary to address possible liabilities arising from the processing.

LEGAL BASIS: The processing of your personal data is based on the execution of a contract in which the data subject is a party or for the application, at their request, of pre-contractual measures. Additionally, we need to process your data to comply with a legal obligation applicable to the data controller. In any case, you have given your consent to process your personal data for one or more specific purposes, in accordance with the General Data Protection Regulation (GDPR) EU 679/2016 (Art. 6.1.A. B. C) and the Organic Law 3/2018 of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDPGDD). The law 1/1992, amended by Organic Law 4/2015, of March 30, on the Protection of Citizen Security, is applicable. The Law on Information Society Services 34/2002 articles 20 and 21 for sending commercial offers via telecommunications also apply. The prospective offering of services is based on the consent you are asked for, and withdrawing this consent will not condition the contract for the purchase and/or provision of the service. There is an obligation to provide personal data, and without it, the hotel accommodation service and/or the requested offer cannot be provided. The prospective offering of products and services is based on the consent you are asked for, and withdrawing this consent will not condition the contract for the purchase of products and/or provision of services.

RECIPIENTS: The data will not be communicated to any third party outside the Entity, except where required by law. However, we inform you that third-party providers may have access to your personal data as data processors within the framework of providing a service to the Data Controller. In addition to the above, your data may be transferred to the Security Forces and Corps of the State. There is no forecast of data transfer to third countries. No decisions on adequacy, guarantees, binding corporate rules, or specific situations apply.

RIGHTS: Interested parties have the right to access their personal data, as well as to request the correction of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, the interested parties may request the restriction of the processing of their data, in which case we will only keep them for the exercise or defense of claims. Also, for reasons related to their particular situation, the interested parties may object to the processing of their data, in which case their personal information will no longer be processed for the purposes to which they have objected. When technically possible, the data subject may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, the interested parties can send a letter by postal mail, attaching a copy of a document proving their identity (DNI), to SANS GAYÀ HERMANOS SL at BULEVAR PAGUERA, Nº 36, CP: 07160, PAGUERA or to the email reservas@florlosalmendros.com. You have the right to file a complaint with the Control Authority: Spanish Data Protection Agency (www.agpd.es). Source of the Personal Data: the data subject themselves.