Legal Notice
Accessing this website https://www.aparthotelfontanellas.com/ confers upon you the status of USER, which implies your expressed acceptance with any reservations whatsoever of this legal notice and the last updated version of the privacy policy at the time you access it, without prejudice to the General Contracting Terms and Conditions which, where applicable, are mandatory. Please read these documents carefully before using or accessing this website. We reserve the right to change, modify, add or remove portions of these terms and conditions at any time.
Accessing this website does not imply in any case the existence of a commercial relationship between the user and the website.
I. OWNER OF THE WEBSITE
In compliance with Art. 10 of Law 34/2002, of 11 July, on Electronic Commerce and Information Society Services, the following information about the owner of this website is provided:
- Owner of the Website: FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS)
- Registered office: Calle Velázquez nº8, 07002 Palma, Islas Baleares, Spain.
- C.I.F.: A78789708
- Registration data: registered in the Commercial Registry of Mallorca, Book 147, Sheet 145, Page PM 16887
In addition to the registered office, users can submit their requests, questions or complaints through the following means:
- Website contact form
- Telephone number: +34 971 719 720
II. TERMS OF USE
1. Introduction. HOTEL FONTANELLAS provides information about accommodation, services and activities on its website and users can make online reservations. By accessing and using this website, you agree to be bound by the terms and conditions set out below, and you are therefore advised to read this section carefully before browsing.
2. Obligations of Users. Users agree to use this Website in a legitimate way, in accordance with these terms and conditions, and in a way that does not damage the rights or interests of HOTEL FONTANELLAS or third parties. The User also undertakes without limitation to the following:
- Not to carry out illegal actions or actions contrary to public order or good faith;
- Not to use the data published on the Website to send unsolicited communications (spam).
- Not to enter or disseminate false, misleading, ambiguous or inaccurate information or content on the website in such a way as to mislead the recipients of the information, nor to disseminate content of a racist, xenophobic, pornographic, or terrorist apology nature or that violates human or minors’ rights;
- Not to take any action involving the infringement of intellectual property rights of HOTEL FONTANELLAS or third parties;
- Not to damage the physical and logical systems of HOTEL FONTANELLAS, its suppliers or third parties;
- Not to introduce or spread computer viruses or use any other physical or logical systems that may cause the aforementioned damage;
- Not to remove, alter, evade, or manipulate any protection device or security system installed on this website.
3. Exclusion of liability. This Website is provided “as is” and its use is at the User's own risk. Therefore, neither HOTEL FONTANELLAS nor its administrators, employees, suppliers or collaborators shall be liable for damages, of any nature, direct or otherwise, arising from the use of the Website, expressly excluding HOTEL FONTANELLAS, to the fullest extent permitted by law, any warranties of any kind, whether express or implied.
HOTEL FONTANELLAS does not guarantee the availability and accessibility of the Website, although it will make every reasonable effort to do so. Occasionally, this service may be interrupted for the time necessary to carry out the relevant maintenance operations.
HOTEL FONTANELLAS shall not be liable for possible damages resulting from interferences, interruptions, computer viruses, telephone line malfunctions or disconnections due to causes beyond the control of the aforementioned entity; for delays or blockages in the use of this electronic system due to deficiencies or overloads in the data processing centre, telephone lines, Internet system or other electrical systems; nor any other alteration that may occur in the Software or Hardware of Users. Nor does this ensure the absence of viruses, malware, Trojan horses or other elements that may cause alterations in the User's computer system, documents or files, excluding any liability for damages of any kind caused to the User for this reason. HOTEL FONTANELLAS shall not be liable for damages caused by third parties through illegitimate interference beyond its control.
HOTEL FONTANELLAS is not liable for damages caused by the use or misuse of the Website’s content, nor for the consequences that may arise from errors, mistakes or omissions in the contents that may appear on this Website provided by the Users themselves or other third parties. HOTEL FONTANELLAS assumes no obligation or liability whatsoever for those services that it does not provide directly.
4. External links. Under no circumstances will HOTEL FONTANELLAS accept liability for the content of external links, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity and legality of any material or information contained in any of these hyperlinks or other sites. The inclusion of these external links shall not imply any form of association, merger or participation with the linked entities.
5. Processing of personal data. Users may find information on the processing of their data and how to exercise their rights of access, deletion, limitation and rectification of their personal information, as well as the right to oppose their processing and portability in the privacy policy available on the homepage of the website. This policy is incorporated by reference in these terms and conditions.
6. Intellectual property and copyright. Without prejudice to content in respect of which third parties hold intellectual rights, the intellectual property rights of the Website, the domain name, its source code, design and navigation structure and the elements contained therein (including, but not limited to, images, sound, audio, video, software, or text; trademarks or logos, colour combinations, structure and design, etc.) are owned by HOTEL FONTANELLAS and has the exclusive right to use the aforementioned elements and, more particularly, the right to reproduce, distribute, publicly communicate and transform them, in accordance with the current Intellectual Property Law. The reproduction, distribution and public communication (including making available) of all or part of this website’s content, in any format and by any technical means, are expressly forbidden without the authorisation of HOTEL FONTANELLAS or, when applicable, third-parties holding the intellectual property rights or copyright related to the content concerned. However, users may view the elements of this Website and even print, copy and store them on their computer’s hard disk or on any other physical support, as long as this is exclusively for personal and private use. Those entities or individuals who are interested in establishing a link to this website must do it with a prior authorisation of its owner and must guarantee that they only allow access to it but do not copy its contents and services.
7. Nullity of clauses. If any provision of these terms of use is declared invalid, this shall only affect that provision or that part of it which has been declared invalid. The terms shall otherwise remain in full force and effect and the provision, or the part affected, shall be considered as non-existing.
8. Acceptance. Accessing and using the Website necessarily imply that each and every one of these terms of use is expressly accepted.
9. Applicable law and jurisdiction. Without prejudice to the rights recognised to consumers by the Royal Legislative Decree 1/2007, of 16 November 2007, this website shall be governed by the Spanish Law to the exclusion of its conflict of law rules and any dispute arising from its use or from the services linked to it shall be subject to the jurisdiction of the competent Courts in compliance with the applicable regulations.
The European Commission provides an online dispute resolution platform for consumers, which can be accessed through the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Version 1.0 – December 2023
Conditions of Reservation
INTRODUCTION
These general terms and conditions apply to bookings processed through the website https://www.aparthotelfontanellas.com/ (hereinafter the “Website”). Formalised bookings constitute a contract between You (hereinafter the Customer) and the company whose tax details are indicated below (hereinafter HOTEL FONTANELLAS):
FONTANELLAS PARQUE S.A., with registered address at Calle Velázquez nº8 (07002) - Palma de Mallorca - Balearic Islands and Tax Identification Number (CIF): A78789708.
The following channels are made available to Customers to submit their requests, queries, or claims:
- Website contact form
- Email: reservas@hotelfontanellas.com
Requesting and processing bookings on this Website implies full and unconditional acceptance of the Legal Notice and Privacy Policy of the Website, together with these general contracting conditions in their latest version, without prejudice to any specific booking conditions established during the process. Therefore, we advise you to read these conditions before requesting or formalising your booking and every time you access our Website, as we reserve the right to change, modify, add, or remove parts of these general conditions at any time.
LEGAL REGULATION
These general conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, as well as all applicable tourism regulations and, subsidiarily, the Civil Code and Commercial Code.
CLAUSES
The formalisation of bookings through the Website is subject to the following clauses:
1. Declarations: The Customer declares:
a) To be of legal age and have full legal capacity to make the booking, stating that they understand and comprehend all terms and conditions found on the Website.
b) That the details provided when making the booking are true and complete.
c) That they confirm the requested booking, especially the selected rooms and services, dates, and number of guests.
2. Website Access: Access to this Website is the responsibility of the Customer.
3. Booking
3.1. The booking includes the detailed services according to the rate conditions stipulated on the page where the booking is requested or formalised, such as board basis. These specific conditions, along with these general conditions, must be accepted by you before formalising the booking.
3.2. The contract may validly be formalised in Spanish and other languages available on the website. In case of discrepancy between the translated versions of these conditions, the Spanish version shall prevail.
3.2. The Customer accepts that HOTEL FONTANELLAS assumes no obligation or liability regarding services not rendered directly by it, particularly regarding the lack of veracity, incomplete nature, lack of updating, and/or inaccuracy of data or information on offers, prices, characteristics, and any other relevant information about products or services from third-party suppliers advertised or bookable through the Website. Furthermore, HOTEL FONTANELLAS is exonerated from any liability arising from non-compliance or defective compliance by such suppliers of obligations under their contract or applicable regulations.
3.3. Online bookings: The process of formalising online bookings follows these steps:
- 1. Availability: Search dates and select room type and number of guests.
- 2. Collection of personal data, acceptance of general terms, and request for card details for payment via POS gateway.
- 3. Confirmation of booking and payment, error, or payment cancellation.
Unless otherwise stated in the rate conditions, the booking is not considered binding until payment of the stipulated price or deposit is completed. Once the booking is made, the Customer will receive a "Booking Confirmation with reference number" by email at the provided contact address, alongside the terms and conditions already provided during the booking process.
3.4. Bookings on request: For services that can only be booked on request, unless otherwise stated in the rate conditions, the mere inquiry of availability does not constitute a booking contract, remaining subject to meeting the requirements indicated on the page where the request is made, as well as effective confirmation by the HOTEL.
3.5. At each step of the booking process, input errors can be corrected using the “back” button on your browser. Furthermore, booking details will be summarised in the Booking Confirmation. If any errors are detected, Customers must immediately request corrections by sending an email to: reservas@hotelfontanellas.com
4. Price and payment
4.1. The conditions, price of the planned stay and/or requested services, as well as accepted payment methods, are those expressly determined in the rate conditions on the page where the booking is requested or made.
4.2. Unless specifically indicated otherwise, prices shown on the Website are Retail Prices, including VAT.
4.3. Transactions will be made in EUROS, regardless of the Customer's country of origin.
4.4. The Customer expressly authorizes HOTEL FONTANELLAS to make charges outlined in the rate conditions, for instance, to cover potential penalties for late cancellation or no-show, agreeing that provided payment details may be used to execute corresponding charges.
4.5. Promotions and offers are only valid for as long as they remain accessible to service recipients.
5. Modification or cancellation of bookings
5.1. Modification or cancellation of confirmed bookings shall be subject to the specific conditions provided in the rate terms. Any modification or cancellation must be requested from HOTEL FONTANELLAS via the email address on the Website or Booking Confirmation, or via the “My Booking” section on the website, indicating the email provided at booking and the reference number.
5.2. Booking modifications are subject to hotel availability.
6. Right of withdrawal: Pursuant to Article 97.1.m) RDL 1/2007, you are informed that under Article 103 l) of said Royal Legislative Decree, you do not hold the right of withdrawal.
7. Nullity of clauses: If one or more clauses in these general conditions are declared totally or partially null or ineffective, it shall only affect said provision or part declared as such, while remaining general conditions persist in all other respects.
8. Acceptance: Requesting and formalising the booking necessarily implies that each and every one of these general conditions, considered integral to the booking and complemented by rate conditions and applicable specific legislation, are expressly accepted by you.
9. Applicable law and jurisdiction: This contract shall be governed by Spanish law. Any dispute arising from the use of the Website or related services shall be submitted to the jurisdiction of the competent Courts and Tribunals corresponding to the domicile of HOTEL FONTANELLAS.
Data Protection
PRIVACY POLICY OF HOTEL FONTANELLAS’ WEBSITE
This privacy policy applies to the website https://www.aparthotelfontanellas.com/ (hereinafter “website”). Please, read it carefully. It contains essential information about how your personal data are processed and the rights under the applicable legislation on the subject.
We reserve the right to update our privacy policy at any time due to business decisions, as well as to comply with any changes in legislation and jurisprudence. If you have any questions or need any clarification regarding our Privacy Policy or your rights, you can contact us through the channels listed below.
You declare that the data you provide us with, now or in the future, are correct and truthful and you undertake to inform us of any changes in such data. If you provide third-party personal data, you undertake to obtain the prior consent of those concerned and to notify them of the information contained in this policy.
Compulsory fields must necessarily be filled in order to process your applications.
1. Who is responsible for the processing of your data?
Unless otherwise specified, the personal data controller is FONTANELLAS PARQUE S.A. (hereinafter HOTEL FONTANELLAS), located in Calle Velázquez nº8 (07002), Palma de Mallorca, Islas Baleares, Spain.
For further information on the processing of your data or to exercise your rights under current legislation on the subject, please send an email to protecciondedatos@hotelfontanellas.com
2. What will we process your data for and on what legal basis?
2.2. Service provision and booking management. Data provided in your requests will be processed for the provision of the services requested and booking management. The data categories that we process for these purposes are:
- Identification data and contact details of the reservation holder;
- Booking/service request details (dates, services included, customer identification data and, when necessary for the service, contact data, personal characteristics data (date of birth/age) and ID card/passport (nationality, document number, expiry date and country of issue);
- Economic and transaction data.
These data are obtained directly from you or from third parties who have processed the request on your behalf, e.g. the reservation holder or other travel agencies.
These processing operations are necessary for the provision of the services requested, the execution of the travel contract or for the implementation of pre-contractual measures at your request. Economic data and data on transactions of goods and services will be processed for accounting and administrative management purposes and to fulfill our tax and accounting obligations.
2.3 Attention to queries and claims. Data provided in queries or claims will be processed in order to deal with your requests and to manage any possible complaints. This processing is necessary for the performance of a contract or the implementation of pre-contractual measures at your request. The processing of any health data that you have provided in your claim is covered by art. 9.2. f) of the GDPR, as such processing is necessary for the formulation, exercise or defence of claims.
2.4. Administration and management of web security: We process browsing data (IP addresses or logs) to manage the security of the website. This processing is based on our legitimate interest in ensuring the security of the website. This interest is expressly recognised by Recital 49 of the GDPR. In weighing this interest against your rights and freedoms, it has been taken into account that this processing corresponds to general security practices and does not pose significant threats to data subjects.
2.5. Statistical and quality management purposes: In order to evaluate and manage the quality of our services, we carry out statistics based on aggregated data obtained from transaction and web browsing data, e.g. IP address, weblogs, pages viewed or actions performed on the website (you can find more information in our cookie policy).
These processing operations are based on our legitimate interest to evaluate and manage the quality of our services. In weighing this interest against the data subjects’ rights and freedoms, it has been determined that the data processing had a limited impact on their privacy, corresponded to reasonable expectations of data subjects and did not pose significant threats.
2.7 Sending commercial communications and managing HOTEL FONTANELLAS distribution lists: We process the identification and contact data provided by our customers and users to send them communications relating to our services and to manage our distribution lists.
If you so indicated when contracting the service or if you signed up for our newsletter, we will send you commercial communications about the HOTEL FONTANELLAS’ products and services. This processing is based on the consent you have given to receive such communications by electronic means. Refusing or withdrawing your consent does not affect bookings or the provision of services already contracted.
You may at any time request to unsubscribe from the processing for commercial purposes by clicking the link provided in our communications or by sending an email to ENTER.
To manage our distribution lists, we segment the recipients of our communications by market or data source. This processing consists of a classification based on objective criteria and is not intended for commercial profiling, prediction or behavioural analysis. This processing is based on our legitimate interest in promoting our services to our customers. In weighing this interest, it has been determined that the data processing had a limited impact on data subjects’ privacy, corresponded to reasonable expectations of data subjects and did not pose significant threats.
3. How long will we keep your data?
We generally keep your data during your relationship with us and in any case for the periods established in the applicable legal provisions and for the time necessary to meet any liabilities arising from the processing. We will delete your data when they are no longer necessary or relevant for the purposes for which they were collected. The information related to navigation will be deleted once the web connection has been closed and statistics compiled.
The data processed to send commercial communications will be kept for as long as you do not request their deletion. The media in which your consent to the processing of your data for these purposes is recorded, such as electronic form submission logs, will be kept for the entire processing and the applicable limitation periods.
4. To whom may we disclose your data?
Your data will only be disclosed to third parties under legal obligation, with your prior consent or when it is necessary to provide the services you requested.
If your booking contains ancillary services provided by third party suppliers or your requests concern such services, the personal data necessary for the processing of such booking/service request will be communicated to the relevant suppliers only for this purpose. This is necessary for the provision of the services requested or for the implementation of pre-contractual measures at your request.
5. What are your rights?
You have the right to obtain confirmation as to whether or not we are processing your personal data and, if so, to access them. You can also ask for your data to be corrected if they are inaccurate or for incomplete data to be completed, and you can ask for them to be deleted if, among other reasons, these data are no longer necessary for the purposes for which they were collected.
In certain circumstances, you may request that we restrict the processing of your data. In this case, we will only process the data concerned for the formulation, exercise or defence of claims or for the protection of other individuals’ rights. Under certain conditions and on grounds relating to your particular situation, you may also object to the processing of your data. In this case, we will stop processing these data except for compelling legitimate reasons that override your interests or rights and freedoms, or for the formulation, exercise or defence of claims.
You may also, under certain conditions, request the portability of your data to be transferred to another data controller.
You may withdraw your consent for certain purposes without affecting the lawfulness of the processing based on your consent prior to its withdrawal.
You also have the right to object to automated individual decisions that produce legal effects on you or significantly affect you in a similar way, where this right exists in accordance with Article 22 of Regulation (EU) 2016/679.
You also have the right to file a claim with a data protection authority. A list and contact details of the European data protection agencies can be found in the European Commission's website at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
To exercise your rights, you must send us an application by post or e-mail to the addresses indicated in the section “Who is responsible for the processing of your data?”.
Further information about your rights and how to exercise them can be obtained from the Spanish Data Protection Agency’s website at www.aepd.es or from the website of the data protection authority in your country.
Purpose: At FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS), we process the information you provide in order to offer the contracted services, which include accommodation reservations in hotel establishments, and send you personalized offers about the company’s products and/or services, as well as manage the sending of information and commercial prospecting. Additionally, we process the information of our customers who have contracted our products and services to send them personalized offers regarding the company's products and/or services. In order to offer you our products and services based on your interests, we will create a commercial profile based on the information you provide. No automated decisions will be made based on this profile. The personal data provided will be kept as long as your express consent remains valid and no deletion is requested by you, for a period of 5 years from the last contract and/or purchase made by you.
Legal basis: The legal basis for processing your data is the execution of the contract through the contracting of the product and/or service in accordance with the Information Society Services Law 34/2002, articles 20 and 21. The prospective offer of products and services is based on the consent we request from you, without affecting, in any case, the contract for the acquisition of the product and/or provision of service. There is an obligation to provide consent in order to manage the sending of information and commercial prospecting.
Recipients: Data will not be transferred to third parties, except where required by law. There are no plans to transfer data to third countries. No decisions regarding adequacy, guarantees, binding corporate rules, or specific applicable situations will be made.
Rights: Any person has the right to obtain confirmation as to whether or not FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) is processing personal data that concerns them. Individuals have the right to access their personal data, as well as to request the rectification of inaccurate data, or, where appropriate, to request the deletion of data when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, individuals may request the limitation of the processing of their data, in which case we will only retain it for the exercise or defense of claims. You have the right to file a complaint with the Control Authority (Spanish Data Protection Agency: WWW.AGPD.ES; origin: THE INTERESTED PARTY ITSELF).
1.2. The customer expressly agrees to the inclusion of personal data collected during navigation on the website or provided through the completion of any form, as well as those derived from a potential commercial relationship, in the automated personal data files mentioned in the first section. During the data collection process and at each place on the website where personal data is requested, the customer will be informed, either through a hyperlink or by including the relevant mentions in the form itself, of whether the data collection is mandatory or optional. Any customer who decides to register on our company’s website will be asked for the necessary personal data for the requested service, which is the provision of services and/or sale of products offered on the website.
1.3. The customer/user may exercise, with respect to the data collected as described in the previous section, the rights recognized in articles 15 to 21 of Regulation (EU) 2016/679, and in particular the rights of access, rectification, deletion, limitation of processing, data portability, opposition, and automated individual decisions, where applicable. The rights mentioned in the previous paragraph may be exercised by each customer through a rights exercise form, which they may request via email. The written and signed request may be sent by post to the following address: FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS), located at Calle Velázquez nº8 (07002), Palma de Mallorca, Balearic Islands, attaching a copy of the customer's ID in both cases.
1.4. The automated processing to which all personal data collected as a result of the request, use, contracting of any product or service, or any transaction or operation carried out through this website will be subject has as its main purpose the maintenance of the contractual relationship with the owner of this website.
1.5. You authorize the sending of advertising for our services and products. Your personal data will be used to manage the sending of advertising through traditional or electronic means. The email addresses and personal data you provide through the website’s contact form will be used exclusively to address inquiries you submit through this medium. The provisions of articles 22.1 and 22.2 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, as amended by article 4 of Royal Decree-Law 13/2012, regarding the use and processing of your personal data for the purpose of managing advertising, will apply.
1.6. The entity guarantees the confidentiality of personal data. However, the Company and/or Entity will disclose personal data and any other information in its possession or accessible through its systems to the competent public authorities when required in accordance with applicable legal and regulatory provisions. Personal data may be kept in the files owned by FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) even after the formal relationships through the company’s website have ended, solely for the purposes mentioned above and, in any case, for the legally established periods, available to administrative or judicial authorities.
