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
Through our online reservation service, you are hiring a reservation of a touristic room, submitted to the following conditions.
The following General Conditions stablish, among with the rest of terms and conditions, the legal framework that regulates the hiring and reservation of a room through the website www.aparthotelfontanellas.com. This webpage belongs to FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS), NIF/CIF: A78789708, Address: Calle Velázquez nº8 (07002) - Palma de Mallorca - Islas Baleares, Phone number: 971 719 720. Fax: . E-mail: protecciondedatos@hotelfontanellas.com. Registered in the commercial registry of .
FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) activity is offering hotel services. For further information, you may contact us in Phone 971 719 720 or protecciondedatos@hotelfontanellas.com.
This hiring conditions regulate the terms for the hiring of the offered products by the company through their website and the related economic remuneration and/or payment done by the client.
The company offers to the addressee, before the procedure starts and through techniques that are adequate to the used communication medium, easily, freely, and permanently, clear, comprehensive, and unequivocal information about the following.
A) The different procedures that need to be followed to accept these General Hiring Conditions.
B) Electronic files of these general hiring conditions, thus being accessible at any time.
C) The company uses technical media that the client is able to use in order to correct and identify errors.
D) The language in which this conditions will appear is English.
E) Before starting the procedure, the company offers the client the general hiring conditions so they can be stored and reproduced by the client.
F) The online hiring of the offered products by the company through this web will be subject to what appears in the legal notice of the webpage.
G) These general hiring conditions have been elaborated in agreement with what is established in law 34/2002, of information society services and electronic commerce. The law 7/1998 of general hiring conditions, Royal decree 1906/1999 for which phone or electronic hiring is regulated with general conditions in development of article 5.3 of law 7/1998; the Legislative Royal Decree 1/2007, of November 16, for which the combined text of the General Law of the defense of consumers and users is approved and other complementary laws; .
H) For the acquisition and/or reservation of any of the services of hotel rooms of the company through the webpage these conditions must be accepted without reservations, and including all of these conditions, along with the Particular Conditions that are applied to each reserved and/or hired product.
I) The Company informs that the procedures to hire the offered services of room reservations are those that are described in these conditions, as well as those that are specified in the webpage through the customer’s navigation, so the client declares to know and accept such procedures as needed to reserve and/or hire the offered services of room reservations.
J) All the information offered throughout the hiring process will be stored by the company. Any modification or correction of the client’s acquired data must be done as stated in the Webpage.
K) By sending these data, clients give their consent to have their data treated by the company in order to the client’s acquisition and/or hiring of the services of room reservation that the company sells.
L) The client hires and/or reserves the company services of room reservations, and the company accepts the assignment of selling the selected services of room reservations in the web, as stated in these general conditions.
M) The seller keeps the right to modify unilaterally these conditions, without that affecting the services of room reservations or promos that were hired before such modification.
The seller of the hired services by the user is FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS), a hotel company that provides services of room reservation.
www.aparthotelfontanellas.com is registered under the name of FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS). The commercial brand is correctly registered under the name of the Company.
- These conditions have as their main aim to state the conditions that apply when selling and hiring products in www.aparthotelfontanellas.com. These conditions will regulate the contractual relationship of buying/selling and/or the generated hiring between the Seller and the Hirer at the moment in which the latter accepts the corresponding tick-box at the buying/hiring online process. The characteristics of the hired/bought products are shown in the web.The characteristics of the hired services will appear in the webpage, as well as the particularities of each transaction that can be done in this webpage, always in English.
- Hiring any products through the webpage implies the complete acceptance and subjection to these General conditions.
- The company through the webpage provides services for room reservation/purchase. This transaction will be ruled by the Hiring Conditions specified here and the Particular conditions that are applied to the acquisition and/or hiring of each product.
- The applicable prices to the hired/reserved products are those indicated in the website at the time of the hiring and/or acquisition, and:
Offers are correctly shown and identified indicating the Price before the offer and during the offer.
- All media and technical requirements that are required to access the webpage and the offered services of room reservations will be full responsibility of the user.
- Once accessing the web, to continue to reserve and hire any services of room reservation, Users Will follow any indication and instruction that appears in the webpage, filling for this the acknowledgement of having read and accepting the General Conditions, as well as any particular condition that applies.
Hiring the services of room reservations will be done through the specific selection of the product/s through the selection elements that the webpage has installed. Once selected and verified the application for reservation/hiring, the conditions will be completely accepted by you, without reserves, as stated in the company’s website, before acquiring such products.
Once accepted, the user acquires the condition of Client of the company/entity.
Any product or service offered by the company afterwards will be subject to a new hiring/acquiring procedure.
Clients are advised to read with caution these conditions and print them on paper or save them electronically.
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.
AIM: in FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) we treat the information that clients procure for the Purchase/Procurement of services and or products through the website. Management of the information and commercial prospection. In order to offer you services according to your interests, we will prepare a commercial profile. There will be no automatic decisions regarding such profile. The procured personal data will be kept while the professional relationship between both parties is still active and the interested party does not want them to be suppressed within a time lapse of 5 years after the last procurement and/or professional service done by you.
LEGITIMATION: the legal basis for your personal data treatment is the execution of a contract through a Professional Service file and/or a service lease, as stated in the Commerce code and the Civil Code. There is an obligation of invoicing as stated in the Commerce code, General Tax Law, Corporate Tax Law and Personal Income Tax, as well as the Information Society Services’ Law 34/2002 articles 20 and 21. The prospective offer of products and services is based on the consent that is asked to you without it meaning that retiring it affects the contract of purchase/procurement of services there is an obligation to procure personal data. Otherwise, neither the Purchase/Procurement of services and or products through the website nor the Management of the information and commercial prospection cannot be procured/purchased.
RECIPIENTS: we will not assign personal data to third parties unless there is a legal obligation. There will be no decisions regarding suitability, guarantees, binding corporate rules or other applicable specific situations.
RIGHTS: Any person has the right to have confirmed whether in FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) we are dealing with relevant personal data for themselves or not. Involved people have the right to Access their own personal data, and to ask for its amendment of inaccurate data, as well as to ask for its removal when, among other reasons, these data is not needed for the objectives it was collected. In certain cases, applicants may ask for a limitation regarding our treatment of their data, in which case we will only save them to claim or defend ourselves from claimants. You have the right to claim to the Control Authority: Agencia Española de Protección Datos. WWW.AGPD.ES; SOURCE: THE SOLICITOR.
1.2. The client expressly accepts that any data obtained while using the website, or which has been provided through filling out any forms that are contained therein, as well as any data resulting from any possible commercial relationship, may be included in an automated personal data file of the type described in section 1.1. During the process of data collection and on all pages of this website where personal data is asked for, the client will be informed with the help of a hyperlink or an explicit mention in the form itself about the compulsory or optional character of the recollection of such data. Every client that decides to register on the website of our company will be asked for those data that are necessary to fulfil the purposes of this company, which are service providing and/or selling of offered products in the website.
1.3. With respect to the data collected in the manner provided in the preceding paragraph, the client may exercise his rights according to the articles 15-21 of the Ruleset (UE) 2016/679, and in particular their right to access, rectify, cancel and object to such data, as well as treatment limitation data portability and automatized individual decisions. Likewise, he may withdraw his consent for the transfer of the collected data or the treatment of these data for any of the uses described above. Any client may exercise his rights referred to in the previous paragraph with the help of a cancellation request form that has to be requested from us by e-mail. The written and signed form together with a copy of the client’s identity document shall be sent by postal mail to the following address: company: FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) with corporate address in Calle Velázquez nº8 (07002), Palma de Mallorca, Islas Baleares, attaching, in any case, the client’s ID card photocopy.
1.4. Automatized treatment with which your data will be collected as a consequence of queries, using, hiring or buying any product, as well as of any transaction or operation done in this webpage has as a main end the management of the contractual relationship with the owner of this website.
1.5. You authorize the reception of promotional information about our services and products. Your personal data will be used for the sole purpose of sending the promotional information by traditional or electronic means. In the case of the electronic e-mail addresses or the website contact form, the data that you provide to us per e-mail or through the form will be used exclusively to respond to the queries that you convey to us by these means. We will apply what is stated in articles 22.1 and 22.2 of Law 34/2002, of July 11th, of information society services and e-commerce that is modified by article 4 of the royal decree 13/2012 regarding the usage and treatment of personal data in terms of advertising.
1.6. The entity guarantees the confidentiality of the personal data. Notwithstanding this, the entity will submit to the competent public authorities any personal data or other information in its possession or accessible through its systems which may be required in compliance with legal provisions and regulations applicable to the case. Even after the relationship established through the website has terminated, personal data may be kept in the files owned by FONTANELLAS PARQUE S.A. (HOTEL FONTANELLAS) exclusively for the purposes indicated above and, in any case, within the legally established time limits for putting the collected personal data at the disposal of the administrative or judicial authorities.
