Booking conditions

4.-The security of its customers is essential for the company/entity […]. Therefore, in order to protect the transmission of confidential information, the website has a data encryption protocol with an SSL Security Certificate. SSL encryption technology protects financial transactions and the flow of data (name, address, credit card number, etc.), allowing transactions to be carried out securely. For payment with Visa and Mastercard credit cards, the customer is required to have CES (Secure Electronic Commerce) payment activated. You can tell whether the Secure Electronic Commerce protocol is activated by the VISA “Verified by VISA” and Mastercard “Mastercard Secure Code” logos. In all transactions the system conducts a validation with the issuing bank of the card with which you are paying, asking for a key / PIN / signature / security code that the customer must have, and that together with the card number, expiry date and the 3 digits on the back guarantee the security of the transaction. We call this key / PIN / signature / security code the CES Security Code or CES Secure E-Commerce Code. The customer’s credit card details will be absolutely confidential (neither the company/entity nor third parties will be able to access them).

In the event that payment by credit card is refused, the purchase 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 purchase of the hotel and/or tourist accommodation services selected.

V.SERVICE ENGAGED.

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

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.

Before you accept the booking and/or purchase transaction, the prices of each of the hotel and/or tourist accommodation services selected and/or booked will be clearly specified, as well as the expenses that will be applicable to the operation and the promotions or discounts that may be applicable.

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

For any payment made to the company/entity you will receive an invoice in your name.

For any information about the hotel and/or tourist accommodation service purchased, you should send an email to the email address reservas@florlosalmendros.com, indicating your customer/user details in the message subject line.

VII.OFFERS.

The offers are duly indicated. The hotel and/or tourist accommodation services offered on the website will be available until any modification to it is made, which will be notified one week in advance.

VIII.RIGHT OF WITHDRAWAL.

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

Cancellation conditions:

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

IX.ENTERING INTO THE CONTRACT.

Contracts shall be deemed entered into and produce all the effects provided for by law when consent and the other requirements necessary for their validity are met, and shall be governed by the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), art. 23 and 24, the Civil Code, the Commercial Code and other applicable civil or mercantile regulations. If you are a consumer, it will be understood that this contract is entered into at the place where you have your primary residence. If you are a professional or business owner, it will be understood that this contract is entered into at the location of the registered address and/or premises of the company/entity.

X. AMENDMENT.

The company/entity reserves the right to amend or replace these contracting terms and conditions in the event of new economic, commercial or regulatory circumstances and/or extraordinary circumstances that affect the sale of the product and/or provision of the service and/or aspects related thereto that justify any such amendment to these terms and conditions. Any unilateral amendments to these terms and conditions on justifiable grounds will not, under any circumstances whatsoever, affect the contracting terms and conditions governing those products, services or promotions that may have been accepted prior to such amendments.

XI.LIABILITY REGIME.

The company/entity will not be liable for problems due to lack of access or problems inherent to Internet connectivity or electricity networks when the causes are beyond its control or could not have been foreseen by the parties, or that, if foreseeable, the company/entity makes all reasonable efforts to avoid them or they are considered acts of god or force majeure.

The company/entity accepts no liability whatsoever for any delay to the performance of its obligations or failure to perform the same in the event that such non-compliance stems from a situation of force majeure, in accordance with the provisions of Article 1,105 of the Spanish Civil Code. Such circumstances will be communicated to the other party as soon as possible. The agreed delivery times will be extended for at least the period of time during which the situation of force majeure existed. If the situation of force majeure persists for more than three (3) months, either of the parties may terminate these contracting terms and conditions.

XII.PROTECTION OF INTELLECTUAL PROPERTY.

SANS GAYÀ HERMANOS SL is the owner of 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, programming, editing, compilation, designs, logos, text and / or graphics, is the property of SANS GAYÀ HERMANOS SL , and is protected by national and international intellectual and industrial property law. Therefore, the holder of the rights expressly prohibits the use or reproduction, partial or total (by any physical or electronic means), by third parties, unless there is an agreement or written authorisation to this effect.

Access by the user to the website does not grant the user any ownership rights over the same. SANS GAYÀ HERMANOS SL shall take legal action as provided by law against those who knowingly and without authorisation carry out any of the aforementioned acts.

XIII.APPLICABLE LAW AND JURISDICTION.

These general 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 questions that may arise or actions that may be brought as a result of the provision of the website service and its services and contents, and regarding the interpretation, application, fulfilment or non-fulfilment of the provisions of these general conditions. If the user is considered to be a consumer, the competent Courts and Tribunals will be those provided for in the provisions of current legislation governing consumer protection.

In addition, 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 5 December on Data Protection and Guarantee of Digital Rights, you are provided with the following information on how your personal data is processed: RESPONSIBLE / MANAGER: SANS GAYÀ HERMANOS SL, Fiscal ID code: B07614373, Address: BULEVAR PAGUERA, Nº 36, CP: 07160, PAGUERA, Telephone: 971686093, Email address: reservas@florlosalmendros.com. DATA PROTECTION OFFICER: CONTACT: / http://www.protecmir.com / E-MAIL: protecmirlegal@protecmir.com.

PURPOSE: At SANS GAYÀ HERMANOS SL, we process the information you provide us in order to provide you accommodation in our hotel and/or the services of our establishments, in addition to managing the sending of information and commercial research and invoicing thereof. We will develop a commercial profile based on the information provided in order to be able to offer you our services in accordance with your interests. No automated decisions will be made based on this profile. The personal data provided will be retained for the duration of the commercial relationship and as long as no request has been received to delete the same by the interested party, for a duration of 5 years from the last time you contract and/or make any reservation. In any event, your personal data will be retained while they remain useful for the purpose indicated, and in any event for the legally established periods and for the time needed to address any possible liabilities resulting from said processing.

LEGAL BASIS: Personal data processing is based on the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into the contract; we are also obliged to process your personal information to comply with a legal obligation that applies to the data controller. In any event, you have given your consent for your personal information to be processed for one or more specific purposes, in accordance with the provisions of the General Data Protection Regulation GDPR EU 679/2016 (ART 6.1. A. B. C) and Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights: (LOPDPGDD). Act 1/1992, modified by Organic Law 4/2015 of 30 March on the Protection of Public Safety, shall apply. Articles 20 and 21 of the Information Society Services Act 34/2002, for the use of telecommunications to send commercial offers, shall apply. While the prospective offer of services is based on the consent you are requested to provide, the withdrawal of this consent will not condition the contract for the purchase and/or provision of the service under any circumstances. The personal data must be provided, otherwise the hotel accommodation service and/or the requested offer cannot be provided. While the prospective offer of products and services is based on the consent you are requested to provide, the withdrawal of this consent will not condition the contract for the purchase of any product and/or service under any circumstances.

RECIPIENTS: No personal data will be shared with any third party not connected to the company, unless it is a legal requirement to do so. However, you are informed that third-party providers may have access to your personal data, as data processors, within the framework of the provision of a service for the Data Controller company. In addition to the above, the company may share or communicate personal data in order to meet its obligations with public administrations when required to do so by law. No data is expected to be transferred to third countries.

RIGHTS: Interested parties have the right to obtain access to their personal information, as well as to request that any inaccurate data be rectified or, where appropriate, to request the removal of said data when, among other reasons, the information is no longer needed for the purposes for which it was obtained. In certain circumstances, interested parties may request that the processing of their data be limited, in which case we will only retain it for the purpose of filing or defending complaints. Additionally, and for purposes related to their particular situation, interested parties may oppose the processing of their data, in which case their personal information will no longer be processed for those purposes to which they have stated their opposition. When technically possible, the interested party may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, the parties concerned may write to SANS GAYÀ HERMANOS SL at BULEVAR PAGUERA, Nº 36, CP: 07160, PAGUERA, enclosing a copy of a document accrediting their identity (national identity document), or email reservas@florlosalmendros.com. You have the right to file a complaint with the Regulatory Authority: The Spanish Agency for Data Protection (www.agpd.es). Origin of personal data: the data subject.