The purpose of these General Terms and Conditions of Contract is to regulate the contractual relationship between DIG HOTELS & APARTMENTS S.L. (hereinafter “the company/entity”) and you (hereinafter “the client/user”), regarding the contracting and/or purchase of hotel and/or tourist accommodation services carried out through the website
www.vistasolmallorca.com (hereinafter, “the website”), a domain owned by DIG HOTELS & APARTMENTS S.L., a legally constituted company, with its registered office at CARRER ALT , Nº5 07181 CALVIA , BALEARES , provided with CIF/NIF number B99107484 and registered in the Commercial Registry of the Balearic Islands in Volume 2568, Folio 155, Sheet 73678, Section 8.
I.-INFORMATION PRIOR TO CONTRACTING
If you are under 18 years of age, you may not purchase and/or contract any of the hotel and/or tourist accommodation services on the website www.vistasolmallorca.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 reading these general terms and conditions of contract prior to making a purchase, as their acceptance is a preliminary and indispensable step for contracting. Prior to the start of the contracting procedure, the company/entity makes these general conditions available to you so that they may be stored and reproduced by you. We inform you that an electronic file of these general terms and conditions of contract is generated, 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 purchasing process, will be able to access, file and print these general terms and conditions of contract for your reference.
We inform you in advance of the procedures you must follow to accept these general terms and conditions of contract. The procedures for contracting the hotel and/or tourist accommodation services offered are those described in these general conditions, as well as the specific ones indicated on the website during navigation, so that you as a client/user declare that you know and accept these procedures 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 formalised at your choice in any of the languages available on the website. However, the language in which these general terms and conditions of contract are formalised is Spanish.
During the contracting procedure, the company places at your disposal suitable technical means to identify and correct errors. Any modification or correction of the data provided by you during navigation must be made according to the instructions included on the website. This website displays confirmation windows for the data provided, which may not allow you to continue with the purchase or contracting if the data entered does not have the correct format. In any case, before making payment, you will be able to view on the website the hotel and/or tourist accommodation services selected and the details of your contract so that, if necessary, you can modify the data of this contract. If you detect an error after the completion of the payment process, you must contact customer service on the telephone number: 971680836 or at the email address:
recmaster@vistasol.es.
By providing your personal data, you give your express consent to the processing of this 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 the provisions of these General Terms and Conditions of Contract.
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 the general terms and conditions of contract and/or the specific conditions that are applicable to the hotel and/or tourist accommodation 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 Contract; Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws that may be applicable.
For any query, you can contact us at the email address:
recmaster@vistasol.es.
II.-SELLER’S DETAILS
This website is operated by:
DIG HOTELS & APARTMENTS S.L.
CIF/NIF. B99107484
Address: CARRER ALT, Nº5 07181 CALVIA, BALEARES.
DIG HOTELS & APARTMENTS S.L. sells the hotel and/or tourist accommodation services
www.vistasolmallorca.com.
The company/entity has its registered office and/or establishment at CARRER ALT, Nº5 07181 CALVIA, BALEARES.
DIG HOTELS & APARTMENTS S.L. is the owner of the domain and the website
www.vistasolmallorca.com.
III.OBJECT OF THE CONDITIONS OF CONTRACT
The purpose of these conditions of contract is to regulate the conditions of sale for the hotel and/or tourist accommodation services offered by the company on this website. These conditions regulate the contractual relationship of sale and/or contracting generated between the company and you at the moment you tick the corresponding box during the online purchasing and/or contracting process.
The characteristics of the hotel and/or tourist accommodation services acquired and/or contracted are reflected on the website.
The contracting by you of any of the services offered through the website
www.vistasolmallorca.com entails the acceptance of and submission to these General Terms and Conditions of Contract and to the specific conditions that, where appropriate, 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 needed to access the website and the hotel and/or tourist accommodation services offered on it shall be at the exclusive expense of the client/user.
Once you access the website, to proceed to the acquisition and contracting of the different services, you must follow all the indications and instructions detailed on the web, filling in for these purposes the required conditions of contract and other forms established for each service, which will imply the reading and acceptance of these General Terms and Conditions of Contract, as well as, where appropriate, the specific conditions that may be applicable.
IV.CONTRACTING PROCEDURE
The contracting of hotel and/or tourist accommodation services must be done through the specific selection of the desired service using the purchasing selection tools found on the website. Once the purchase request has been selected and verified, you must expressly accept the conditions of contract, as displayed on the web. From the moment of acceptance, you acquire the status of client/user of the company/entity. We recommend that you read these General Terms and Conditions of Contract more carefully, and print them on paper or save the document in electronic format.
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 will have to configure a username and password that will allow you to access areas that require this prior identification. At the moment your personal data is registered on our website, or 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 of services similar to those acquired that may be of interest to you. At any time you may modify your customer registration data (address, contact telephone number, email address, etc.).
Purchase/contracting procedure:
1.-To start the contracting and/or acquisition of a service from the website, you must follow the instructions on the page and must select the service you are interested in contracting. You will be able to view and control the selected hotel accommodation service by following the purchasing 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. Furthermore, we specify whether VAT is included or not in the final price of the selected service and the conditions of contract including information regarding expenses. VAT is included in the price.
Once the selection of the hotel accommodation service is complete, you must proceed to payment. Before confirming the payment, we will inform you again of the price of the hotel and/or tourist accommodation services you have selected, specifying whether VAT is included or not in the final price of the selected service, the conditions of contract, including information regarding the date of provision of the selected service, and we will also indicate whether or not there are extra costs, specifying their amount. In any case, you will be informed of the costs of the hotel accommodation service that you have contracted in the event that these are not included in the final purchase or contracting price of the selected service.
Additionally, you will receive information regarding the possibility of applying discounts. At this point you can continue shopping or make the payment and/or contracting.
2.-To carry out the contracting and payment of the service you must fill in a form with the requested data.
The data that are mandatory 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 filled in, you must accept the Conditions of contract and purchase by ticking the corresponding box. Furthermore, you must expressly accept the processing of your personal data for the purpose of acquiring and/or contracting the hotel accommodation services on the website by ticking the privacy policy and personal data processing box.
You may also request, by ticking the corresponding box, the receipt of newsletters and offers from the company/entity. And confirm the billing address.
3.- The payment methods accepted by the company/entity are:
4.- The security of its clients is fundamental to the company/entity […]. Therefore, with the aim of protecting the transmission of confidential information, the website has a data encryption protocol via 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 client must have activated payment via SEC (Secure Electronic Commerce). You will be able to distinguish whether the Secure Electronic Commerce protocol is activated by the VISA “Verified by VISA” and Mastercard “Mastercard Secure Code” logos. In all operations the system carries out a validation with the card’s issuing bank itself, requesting a key / PIN / signature / security code that the client must have, and which together with the card number, expiry date and the 3 digits on the back guarantee the security of the operation. This key / PIN / signature / security code is called a SEC Security Code or secure electronic commerce SEC Code. The client’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 card is denied, the contracting of the service would be automatically cancelled, informing the client 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
The hotel and/or tourist accommodation service is offered on the website with a description as exact as possible regarding its characteristics.
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 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 and/or tourist accommodation services will be clearly specified, in addition to the costs that will be applicable to the operation and the promotions or discounts that, where appropriate, are applicable.
The company reserves the right to modify its prices at any time. In the event of a modification to the sales price, the hotel and/or tourist accommodation services will be billed according to the price in force during the registration of the contracting and/or acquisition.
Any payment made to the company/entity will entail the issuance of an invoice in your name.
For any information regarding the contracted and/or acquired service, you must email
recmaster@vistasol.es, indicating your client/user details in the subject 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 occurs, which will be notified with one week’s notice.
VIII.RIGHT OF WITHDRAWAL AND CANCELLATION
The user’s/consumer’s right of withdrawal, provided for in article 68 of Royal Legislative Decree 1/2007, of 16 November, is not applicable to this contract, as 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 16 November, apply.
Cancellation Conditions: The conditions of withdrawal and/or cancellation are specified in the contracted booking.
IX.CONCLUSION OF THE CONTRACT
Contracts shall be understood as concluded and shall produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are present, 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 commercial regulations. If you have the status of a consumer, this contract shall be understood to have been concluded at the place where you have your habitual residence. If you have the status of a professional or entrepreneur, this contract shall be understood to have been concluded at the town of the registered office and/or establishment of the company/entity.
X. MODIFICATION
The company/entity reserves the right to modify or replace these conditions of contract if there are new economic, commercial, regulatory circumstances and/or extraordinary circumstances that affect the sale of the product and/or provision of the service and/or aspects related to them that justify the modification of these conditions. The unilateral modifications of these conditions for justified reasons will in no case affect the conditions of contract of those products, services or promotions that have been contracted prior to any modification.
XI.LIABILITY REGIME
The company/entity will not be liable for problems arising from a lack of access or problems 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 them or that were considered fortuitous causes or force majeure.
The company/entity shall in no case be liable for delays in the performance of its obligations nor for the non-performance thereof, if this breach was motivated by 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 in the shortest possible time. The agreed delivery times will be extended by at least the period of time that the cause of force majeure has lasted. If the cause of force majeure lasts for more than three (3) months, either party may resolve these conditions of contract.
XII.PROTECTION OF INTELLECTUAL PROPERTY
DIG HOTELS & APARTMENTS S.L. is the owner of the domain and the website
www.vistasolmallorca.com. The trademark is duly registered in the name of DIG HOTELS & APARTMENTS S.L. Likewise, the website www.vistasolmallorca.com including, but not limited to, its programming, editing, compilation, designs, logos, text and/or graphics, are the property of DIG HOTELS & APARTMENTS S.L., and are protected by national and international regulations on intellectual and industrial property. Therefore, the owner 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 in this regard.
The user’s access to the website does not grant them any property right over it. DIG HOTELS & APARTMENTS S.L. will take the legally provided judicial actions against those who, knowingly and without authorisation, carry out any of the detailed acts.
XIII.APPLICABLE LAW AND JURISDICTION
These general conditions shall be governed and interpreted in accordance with Spanish legislation in matters not expressly established. The parties submit to the jurisdiction of the competent Courts and Tribunals for any questions that may arise or actions brought derived from the provision of the website service and its services and contents, and on the interpretation, application, compliance or non-compliance of the provisions set out in these general conditions. In the event that the user has the status of consumer, the competent Courts and Tribunals shall be those corresponding as provided 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 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, you are provided with the following information on the processing of your personal data: CONTROLLER: DIG HOTELS & APARTMENTS S.L., CIF: B99107484, Postal Add.: CARRER ALT , Nº5, Postcode: 07181, CALVIA , Telephone: 971680836, Email: recmaster@vistasol.es. DATA PROTECTION OFFICER: CONTACT: / http://www.protecmir.com / EMAIL:
protecmirlegal@protecmir.com. PURPOSE: At DIG HOTELS & APARTMENTS S.L. we process your personal data in order to provide you with the hotel accommodation service in our establishment, manage the sending of information and commercial prospection, and carry out the invoicing of the contracted services. In order to be able to offer you services in accordance with 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 its deletion is not 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 they are useful for the indicated purpose, and, in any case, during the legal terms and for the time necessary to address possible liabilities arising from the processing. LEGITIMATION: The processing of your personal data is based on the performance of a contract to which the data subject is a party or for the application, at the data subject’s request, of pre-contractual measures; furthermore, we must 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 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 the Protection of Personal Data and Guarantee of Digital Rights (LOPDPGDD). Law 1/1992, amended by Organic Law 4/2015, of 30 March, on the Protection of Citizen Security, applies. The Law on Information Society Services 34/2002 articles 20 and 21 also applies for sending commercial offers via telecommunications. The prospective offer of services is based on the consent requested of you, without the withdrawal of this consent in any case conditioning the contract for the acquisition and/or provision of services. There is an obligation to provide personal data, otherwise, the hotel and/or tourist accommodation service cannot be provided or the requested offer facilitated. The prospective offer of products and services is based on the consent requested of you, without the withdrawal of this consent in any case conditioning the contract for the acquisition of products and/or provision of services.
RECIPIENTS: The data will not be communicated to any third party outside the Entity, except by legal obligation. However, we inform you that third-party suppliers may have access to your personal data, as data processors, within the framework of the provision of a service for the Data Controller Entity. In addition to the above, your data may be transferred to the State Security Forces and Corps. There is no provision for data transfers to third countries. RIGHTS: Interested parties have the right to obtain access to their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request their deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defence of claims. Likewise, and for reasons related to their particular situation, interested parties may object to the processing of their data, in which case their personal information will no longer be processed, for those purposes with respect to which they have expressed 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, interested parties may write by post, attaching a copy of a document proving their identity (DNI), to DIG HOTELS & APARTMENTS S.L. at CARRER ALT , Nº5, Postcode: 07181, CALVIA or to the email
recmaster@vistasol.es. You have the right to file a Complaint with the Supervisory Authority: Spanish Data Protection Agency (www.agpd.es). Origin of Personal Data: the interested party themselves.
