GENERAL TERMS AND CONDITIONS OF CONTRACTING

These General Terms and Conditions of Contracting are intended to regulate the contractual relationship between BALAGUERHOLIDAYS, S.L. (hereinafter, the "company/entity") and you (hereinafter, the "customer/user"), regarding the contracting and/or purchase of hotel and/or tourist accommodation services carried out through the website www.hotelcasablancamallorca.com (hereinafter, the "website"), a domain owned by BALAGUERHOLIDAYS, S.L., a legally incorporated company, with registered office at C/ GRAN VÍA REY SANCHO Nº 6, 07180 SANTA PONÇA (CALVIÁ), BALEARIC ISLANDS, holder of CIF/NIF number B56626153 and registered in the Mercantile Registry of the BALEARIC ISLANDS, Volume 3033, Folio 119, Sheet 98492, Section 8.

I. PRE-CONTRACTUAL INFORMATION

If you are under 18 years of age, you may not purchase and/or contract any of the hotel and/or tourist accommodation services offered on the website www.hotelcasablancamallorca.com. To acquire and/or contract any of the hotel and/or tourist accommodation services on the website, you must be of legal age.

We recommend that you read these General Terms and Conditions of Contracting before making a purchase, since acceptance thereof constitutes a prior and essential step for contracting. Prior to the start of the contracting procedure, the company/entity makes these general terms and conditions available to you so that they may be stored and reproduced by you.

Please be informed that an electronic file of these General Terms and Conditions of Contracting is kept, and that they will be accessible to you at all times. All information provided during the contracting process will be stored by the company, and prior to contracting and during the purchase process, you may access, store and print these General Terms and Conditions of Contracting for consultation.

We inform you in advance of the steps you must follow in order to accept these General Terms and Conditions of Contracting. The steps for contracting the hotel and/or tourist accommodation services offered are those described in these General Terms and Conditions, as well as any specific instructions indicated on the website during browsing, so that you, as customer/user, declare that you know and accept said steps as necessary to acquire and/or contract the hotel and/or tourist accommodation services offered on the website.

The contracting of our hotel and/or tourist accommodation services may be formalized, at your choice, in any of the languages available on the website. Nevertheless, the language in which these General Terms and Conditions of Contracting are formalized is Spanish.

During the contracting procedure, the company provides you with suitable technical means to identify and correct errors. Any modification or correction of the data provided by you during browsing must be made in accordance with the instructions included on the website. This website displays confirmation windows for the data provided, which may prevent the continuation of the purchase or contracting process if the data entered is not in the correct format. In any case, before making payment you may view on the website the selected hotel and/or tourist accommodation services and the details of your contracting so that, if necessary, you may modify the data of this contracting. If you detect an error after the payment process has been completed, you must contact customer service by telephone at 971690361 or by email at direccion@hotelcasablancamallorca.com.

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

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

The acquisition and/or contracting of any of the company’s hotel and/or tourist accommodation services through the website requires acceptance of each and every one of these General Terms and Conditions of Contracting and/or any specific conditions applicable to the hotel and/or tourist accommodation services acquired and/or contracted.

These General Terms and Conditions are subject to the provisions of Law 34/2002 on Information Society Services and Electronic Commerce; Law 7/1998 on General Contracting Conditions; Royal Decree 1906/1999 regulating telephone or electronic contracting under general conditions in implementation of Article 5.3 of Law 7/1998; Legislative Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws that may apply.

For any questions, you may contact us by email at: direccion@hotelcasablancamallorca.com.

II. SELLER’S DETAILS

This website is operated by:

BALAGUERHOLIDAYS, S.L.
CIF/NIF: B56626153
Address: C/ GRAN VÍA REY SANCHO Nº 6, 07180 SANTA PONÇA (CALVIÁ), BALEARIC ISLANDS
Telephone: 971690361
Email: direccion@hotelcasablancamallorca.com

BALAGUERHOLIDAYS, S.L. sells the hotel and/or tourist accommodation services through www.hotelcasablancamallorca.com.

The company/entity has its registered office and/or establishment at C/ GRAN VÍA REY SANCHO Nº 6, 07180 SANTA PONÇA (CALVIÁ), BALEARIC ISLANDS.

BALAGUERHOLIDAYS, S.L. is the owner of the domain and website www.hotelcasablancamallorca.com.

III. PURPOSE OF THE CONTRACTING CONDITIONS

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

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

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

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

All technical means and requirements necessary to access the website and the hotel and/or tourist accommodation services offered therein shall be borne exclusively by the customer/user.

Once you access the website, in order to proceed with the acquisition and contracting of the various services, you must follow all the indications and instructions contained on the website, completing for these purposes the required contracting conditions and other forms established for each service, which shall imply the reading and acceptance of these General Terms and Conditions of Contracting and, where appropriate, any specific conditions that may apply.

IV. CONTRACTING PROCEDURE

The contracting of hotel and/or tourist accommodation services must be carried out through the specific selection of the desired service using the purchase selection tools available on the website. Once the purchase request has been selected and verified, you must expressly accept the contracting conditions as shown on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you read these General Terms and Conditions of Contracting carefully and print them on paper or save the document electronically.

To contract any of the hotel and/or tourist accommodation services on the website, you must register your personal and/or professional data. In some cases, you must set up a username and password that allow you to access areas requiring prior identification. When your personal data are registered on our website, or when you contract one of our services, your personal and/or professional data are incorporated 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 regarding services similar to those acquired that may be of interest to you. At any time, you may modify the details in your customer registration (address, contact telephone number, email address, etc.).

Purchase/contracting procedure:

  1. To begin the contracting and/or acquisition of a service on the website, you must follow the instructions on the website and select the service you wish to contract.

    You may view and review the selected accommodation service by following the purchase and/or contracting instructions on the website. At the time of selecting the service on the website, you will be able to view the characteristics of the service and its price. We will also specify whether VAT is included in the final price of the selected service and the contracting conditions, including information regarding costs. VAT is included in the price.

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

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

  2. To contract and pay for the service, you must complete a form with the data requested. Mandatory data required to proceed with the purchase and payment will be marked with an asterisk.

    Once the mandatory personal data on the contracting and payment form have been entered, you must accept the Contracting and Purchase Conditions by checking the corresponding box. You must also expressly accept 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 may also request, by checking the corresponding box, to receive newsletters and offers from the company/entity, and confirm the billing address.

  3. The payment methods accepted by the company/entity are:

    • Visa
    • MasterCard

  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. SSL encryption technology protects financial transactions and the flow of data (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 Secure Electronic Commerce (CES) enabled. You may identify whether the Secure Electronic Commerce protocol is enabled by the VISA “Verified by VISA” and MasterCard “Mastercard Secure Code” logos. In all transactions, the system validates with the issuing bank of the card being used for payment, requesting a password / PIN / signature / security code that the customer must have, and which together with the card number, expiry date, and the 3 digits on the back guarantee the security of the transaction. This password / PIN / signature / security code is called the CES Security Code or Secure Electronic Commerce Code. The customer’s credit card details will remain absolutely confidential (neither the company/entity nor third parties will have access to them).

    If payment by card is declined, the contracting of the service will be automatically cancelled, and the customer will be informed of the cancellation by electronic means.

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

V. CONTRACTED SERVICE. LEGAL GUARANTEE

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

Please be informed that the services we provide through the website are not subject to the legal guarantee provided for in Article 114 of the revised text of the General Law for the Protection of Consumers and Users (TRLGDCU), regulated in Title IV (Guarantees and after-sales services), since this is one of the exceptions mentioned in Article 114.2 TRLGDCU, which provides that the legal guarantee does not apply to the provision of services other than digital services, regardless of whether the company/entity has used digital forms or means to obtain the result of the service or to deliver or transmit it to the consumer or user.

In any case, the provisions of Title IV (Guarantees and after-sales services) of the TRLGDCU regarding the legal guarantee of conformity applicable to these contracting conditions shall apply.

VI. PRICE AND AVAILABILITY OF THE SERVICE

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

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

The company reserves the right to modify its prices at any time. In the event of a change in the sale price, the hotel and/or tourist accommodation services will be invoiced according to the price in force at the time the contracting and/or acquisition is registered.

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

For any information about the contracted and/or acquired service, you must contact direccion@hotelcasablancamallorca.com by email, indicating your customer/user details in the subject line of the message.

VII. OFFERS

Offers are duly indicated. The hotel and/or tourist accommodation services offered on the website will be available until any modification related to the product takes place, which will be announced one week in advance.

VIII. RIGHT OF WITHDRAWAL

Please be informed that the right of withdrawal shall not apply to the hotel or tourist accommodation service you have contracted, as this is one of the exceptions provided for in Article 103 of the TRLGDCU.

However, some reservations may allow cancellation, and the conditions of such cancellation are reflected in the contracted reservation.

To exercise the right of withdrawal, the customer may use any of the following means:

  • By telephone at 971690361.
  • By post to C/ GRAN VÍA REY SANCHO Nº 6, 07180 SANTA PONÇA (CALVIÁ), BALEARIC ISLANDS, using the withdrawal form that the customer may download and which may also be sent by email to direccion@hotelcasablancamallorca.com. In this case, the customer must include WITHDRAWAL FORM in the subject line.

WITHDRAWAL FORM (Complete and send this form only if you wish to withdraw from the contract)

FOR THE ATTENTION OF: BALAGUERHOLIDAYS, S.L., NIF/CIF: B56626153, address: C/ GRAN VÍA REY SANCHO Nº 6, 07180 SANTA PONÇA (CALVIÁ), BALEARIC ISLANDS, Telephone: 971690361, Email: direccion@hotelcasablancamallorca.com

I hereby notify you that I withdraw from my reservation contract with reference no.:
Reference no.:
Reference no.:
Belonging to reservation no.:
Purchase date:
Name of purchaser(s):
Address of purchaser(s):
Signature of the consumer customer(s):
Date:

You also have the option of completing and submitting electronically the model withdrawal form or any other unequivocal declaration through our website by email at direccion@hotelcasablancamallorca.com. If you use this option, we will acknowledge receipt of such withdrawal without undue delay on a durable medium by email.

Likewise, when withdrawal occurs, and with regard to the customer’s personal data, the company/entity shall comply with the applicable obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

IX. CLAIMS, COMPLAINTS AND ENQUIRIES

If you have the status of consumer, for any enquiry, incident, complaint or claim after purchasing our products or services, the company makes a Customer Service Department available to you at: direccion@hotelcasablancamallorca.com.

You may also make enquiries or submit complaints and claims by telephone at 971690361 and in writing at C/ GRAN VÍA REY SANCHO Nº 6, 07180 SANTA PONÇA (CALVIÁ), BALEARIC ISLANDS.

Complaint forms are available to consumers, which may be consulted at the appropriate consumer information channels or requested by email.

Once the complaint or claim has been received, we will provide you with a registration number for the complaint or claim submitted and an acknowledgement confirming that the complaint has been received. For any complaint or claim you submit, we undertake to provide a response as soon as possible and, in any event, within a maximum of one month from the submission of the complaint.

If we have not satisfactorily resolved a complaint submitted by you, as a consumer you may submit a complaint or claim to the competent consumer authorities.

The company/entity informs the customer that it is not affiliated with any alternative consumer dispute resolution entity or consumer arbitration system, nor is it obliged by any regulation or code of conduct to participate in proceedings before any specific entity.

This clause shall not apply if you are a company or professional entrepreneur, unless you have the status of consumer under Article 3.1 of the TRLGDCU.

X. COMPANIES OR PROFESSIONALS

If you contract as a company or professional entrepreneur, the provisions of Legislative Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, shall in no case apply to this contract unless you have the status of consumer under Article 3.1 of the TRLGDCU.

In this case, both parties submit to the competent Courts and Tribunals for any issues that may arise or actions that may be brought deriving from the provision of the website service and its services and contents, and regarding the interpretation, application, fulfillment or breach of these General Terms and Conditions of Contracting, since consumer regulations do not apply in this case.

XI. CONCLUSION OF THE CONTRACT

Contracts shall be deemed concluded and shall produce all the effects provided by law when consent and the other requirements necessary for their validity concur, and they shall be governed by Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), Articles 23 and 24, by the Civil Code, by the Commercial Code and by the other applicable civil or commercial regulations. If you are a consumer, this contract shall be deemed concluded at the place where you have your habitual residence. If you are a professional or entrepreneur, this contract shall be deemed concluded at the locality of the registered office and/or establishment of the company/entity.

XII. 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 sale of the product and/or the provision of the service and/or related aspects that justify the modification of these conditions. Unilateral modifications of these conditions for justified reasons shall in no case affect the contracting conditions of those products, services or promotions contracted prior to any modification.

XIII. LIABILITY REGIME

The company/entity shall not be liable for problems arising from lack of access or issues inherent to Internet connectivity or electricity networks when these originate from causes beyond its control or causes that could not have been foreseen by the parties or that, even if foreseeable, the company/entity has made all reasonable efforts to avoid, or which are considered fortuitous events or force majeure.

The company/entity shall in no case be liable for delay in the performance of its obligations or for non-performance thereof if such breach is due to force majeure, in accordance with Article 1.105 of the Civil Code. This circumstance shall be communicated to the other party as soon as possible. The agreed delivery periods shall be extended by at least the period during which the force majeure event has lasted. If the force majeure event lasts more than three (3) months, either party may terminate these contracting conditions.

XIV. INTELLECTUAL PROPERTY PROTECTION

BALAGUERHOLIDAYS, S.L. is the owner of the domain and website www.hotelcasablancamallorca.com. The trademark is duly registered in the name of BALAGUERHOLIDAYS, S.L. Likewise, the website www.hotelcasablancamallorca.com, including but not limited to its programming, editing, compilation, designs, logos, text and/or graphics, is the property of BALAGUERHOLIDAYS, S.L. and is protected by national and international intellectual and industrial property regulations. 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 an agreement or written authorization to that effect.

Access by the user to the website does not grant any ownership rights over it. BALAGUERHOLIDAYS, S.L. shall bring the legally provided judicial actions against those who knowingly and without authorization carry out any of the acts described.

XV. INFORMATION ON COMMERCIAL REVIEWS

In accordance with Article 20 of the TRLGDCU, you are informed that the company/entity cannot guarantee that the reviews published on the website or on our social media profiles have been made by customers or users who have used or contracted our products or services.

XVI. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. The parties submit to the jurisdiction of the competent Courts and Tribunals for any issues that may arise or actions that may be brought deriving from the provision of the website service and its services and contents, and regarding the interpretation, application, fulfillment or breach of these General Terms and Conditions. If the user has the status of consumer, the competent Courts and Tribunals shall be those provided for under the applicable consumer regulations, in which case the competent court shall be that of the consumer’s domicile or the place of performance of the obligation.

XVII. PERSONAL DATA

In accordance with the General Data Protection Regulation (EU) 679/2016 and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, the following information is provided regarding the processing of your personal data:

DATA CONTROLLER: BALAGUERHOLIDAYS, S.L., CIF: B56626153, postal address: C/ GRAN VÍA REY SANCHO Nº 6, Postcode: 07180, SANTA PONÇA (CALVIÁ), Telephone: 971690361, Email: direccion@hotelcasablancamallorca.com.

DATA PROTECTION OFFICER: Contact: http://www.protecmir.com / Email: protecmirlegal@protecmir.com.

PURPOSE: At BALAGUERHOLIDAYS, S.L. we process your personal data in order to provide you with hotel accommodation services at our establishment, manage the sending of information and commercial prospecting, and carry out billing for the contracted services. In order to offer you services according to your interests, we will prepare a commercial profile based on the information provided. No automated decisions will be made based on such profile. The personal data provided will be kept while the commercial relationship is maintained and deletion is not requested, for a period of 5 years from the last contracting and/or reservation made. In any case, your personal data will be kept as long as they are useful for the indicated purpose and, in all cases, for the legal periods and for the time necessary to address any liabilities arising from the processing.

LEGAL BASIS: The processing of your personal data is based on the performance of a contract to which the data subject is a party or on the application, at the request of the data subject, of pre-contractual measures. In addition, we must process your data in order to comply with a legal obligation applicable to the controller. In any case, you have given your consent to process your personal data for one or more specific purposes, in accordance with Article 6.1.a, b and c of the GDPR and Organic Law 3/2018. Law 1/1992, as amended by Organic Law 4/2015 of 30 March on the Protection of Citizen Security, also applies. Articles 20 and 21 of Law 34/2002 on Information Society Services also apply to the sending of commercial offers by telecommunications. The prospective offer of services is based on the consent requested from you, and withdrawal of such consent shall in no case condition the contract for acquisition and/or provision of the service. The provision of personal data is mandatory; otherwise, the hotel and/or tourist accommodation service and/or the requested offer cannot be provided.

RECIPIENTS: Data will not be communicated to any third party outside the Entity, except where legally required. However, please note that third-party providers may have access to your personal data as data processors, within the framework of the provision of a service to the Data Controller Entity. In addition, your data may be disclosed to the State Security Forces and Bodies. No transfers of data to third countries are foreseen.

RIGHTS: Data subjects have the right to obtain access to their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request erasure when, among other reasons, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, data subjects 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. Likewise, and for reasons related to their particular situation, data subjects may object to the processing of their data, in which case their personal information will cease to be processed for those purposes with respect to which they have objected. Where 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, data subjects may write by post, attaching a copy of proof of identity (ID card), to BALAGUERHOLIDAYS, S.L. at C/ GRAN VÍA REY SANCHO Nº 6, CP: 07180, SANTA PONÇA (CALVIÁ), or by email to direccion@hotelcasablancamallorca.com. You have the right to lodge a complaint with the Supervisory Authority: the Spanish Data Protection Agency (www.aepd.es).

Source of Personal Data: the data subject themselves.