The present General Contracting Conditions aim to regulate the contractual relationship between SANS GAYÀ HERMANOS SL (hereinafter “the company/entity”) and you (hereinafter “the customer/user”), in relation to the contracting and/or purchase of hotel accommodation services and/or tourism carried out through the website
www.florhotels.com
(hereinafter, “the website”), a domain owned by SANS GAYÀ HERMANOS SL, a legally constituted company, with its registered office at BULEVAR PAGUERA, Nº 36 07160 PAGUERA, BALEARES, provided with CIF/NIF number B07614373 and registered in the ILLES BALEARS Commercial Registry at Volume 1077, Sheet 23, Page 12947, Section 8.
Reservation Conditions
Terms of Use:
I. PRE-CONTRACTUAL INFORMATION.
If you are under 18 years of age, you cannot purchase and/or contract any of the hotel and/or tourist accommodation services from the website www.florhotels.com. To acquire and/or contract any of the hotel and/or tourist accommodation services of the website, you must be of legal age.
We recommend that you read these general contracting conditions prior to making a purchase, as accepting them is a necessary and preliminary step for the contract formation. Before the start of the contracting process, the company/entity makes these general conditions available to you so they can be stored and reproduced by you.
We inform you that an electronic file is created of these general terms and conditions of contract, which will be accessible to you at all times. All of the information provided during the contracting process will be stored by the company, and you, prior to the contracting and during the purchasing process, will be able to access, save, and print these general terms and conditions of contract for your reference.
We inform you in advance of the procedures that you must follow to accept these general contract conditions. The procedures to contract the offered hotel and/or tourism accommodation services are those described in these general conditions, as well as the specific ones indicated on the website during browsing. As such, you as a customer/user declare that you know and accept these procedures as necessary to purchase and/or contract the hotel and/or tourism accommodation services offered on the website.
The hiring of our hotel and/or tourism services can be formalized at your choice in any of the languages available on the website. However, the language in which these general terms and conditions are formalized is Spanish.
During the hiring process, the company provides appropriate technical means to identify and correct errors. Any modification or correction of the data provided by you during browsing must be made according to the instructions included on the website. This website displays data confirmation windows, which may not allow you to continue with the purchase or contracting if the data entered is not in the correct format. In any case, before making the payment you will be able to view on the website the selected hotel and/or tourism accommodation services 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 payment process is completed, you should contact customer service at the phone number: 971686093 or at the email address: booking@florhotels.com.
By providing your personal data, you are giving your express consent for the processing of this personal data for the purpose of purchasing and/or contracting the hotel and/or tourist services of the website.
The online acquisition and/or hiring of the hotel and/or tourism services offered by the company through this website is subject to the stipulations set forth in these General Contract Terms and Conditions.
The acquisition and/or procurement of any of the hotel and/or tourist accommodation services from the company through the website requires acceptance of all and each of the general contracting conditions and/or the specific conditions that apply to the hotel and/or tourist accommodation services acquired and/or contracted.
The present General Conditions are subject to the provisions of Law 34/2002, on information society services and electronic commerce; Law 7/1998 on General Contracting Conditions; Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and any applicable complementary laws. Likewise, the online contracting of the hotel accommodation and/or tourism services offered by the company through this website is subject to the provisions of the website’s legal notice.
The company/entity reserves the right to unilaterally modify these conditions, without this being able to affect the hotel and/or tourist accommodation services or promotions that were previously contracted prior to any modification.
For any inquiries, you can contact us at the following email address: booking@florhotels.com.
II. SELLER'S INFORMATION.
This website is operated by:
- Corporate Name: SANS GAYÀ HERMANOS SL
- Tax Identification Code: B07614373
- Address: BULEVAR PAGUERA, No. 36 07160 PAGUERA, BALEARIC ISLANDS
- SANS GAYÀ HERMANOS SL sells hotel and/or tourist accommodation services at www.florhotels.com.
- The company/entity has its registered office and/or establishment at BULEVAR PAGUERA, No. 36 07160 PAGUERA, BALEARIC ISLANDS.
- SANS GAYÀ HERMANOS SL owns the domain and the website www.florhotels.com.
III. PURPOSE OF THE CONTRACT CONDITIONS.
The present contract conditions aim to regulate the terms of sale of the hotel accommodation and/or tourist services offered by the company on this website. These conditions govern the contractual relationship of sales and/or hiring generated between the company and you at the moment when you accept the corresponding box during the online purchasing and/or hiring process.
The characteristics of the hotel accommodation and/or tourist services purchased and/or contracted are reflected on the website.
Your hiring of any of the services offered through the website www.florhotels.com implies your acceptance and compliance with these General Terms and Conditions of Hiring, as well as any relevant specific conditions applicable to the hiring of each of the hotel and/or tourism accommodation services.
The applicable prices for the hotel and/or tourism 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 the means and technical requirements needed to access the website and the hotel and/or tourist accommodation services offered on it will be the exclusive responsibility of the client/user.
Once you access the website, in order to proceed with the acquisition and hiring of various services, you must follow all the indications and instructions provided on the web, fulfilling for this purpose the required contracting conditions and other forms established for each service. This will involve reading and accepting these general contracting conditions, as well as, where applicable, the specific conditions that may apply.
IV. HIRING PROCEDURE.
The hiring of hotel and/or tourism services should be done through the specific selection of the desired service using the purchase selection tools found on the website. Once the purchase request has been selected and verified, you must expressly accept the contract terms, as shown on the web. From the moment of acceptance, you acquire the status of a customer/user of the company/entity. We recommend you read these general contracting conditions more carefully, and print them on paper or save the document in an electronic format.
To contract any of the hotel and/or tourism services from the website, you must register your personal and/or professional data. In some cases, you will need to set up a username and password to access areas that require prior identification. When you register your personal data on our website, or when you contract one of our services, your personal and/or professional data are incorporated into our database, and will be used exclusively to process the sale of the contracted service, during the selected period and to send you information or offers of similar services to those acquired that may be of interest to you. At any time, you can modify your customer registration data (address, contact phone, e-mail address, etc.).
Purchase/contracting procedure:
- To start the contracting and/or acquisition of a service from the website, you must follow the instructions on the page and select the service you are interested in hiring.
- You will be able to view and control the selected hotel accommodation service by following the purchase and/or contracting instructions on the website. At the time of service selection on the website, you will be able to view the features of the service and its price. In addition, we specify whether VAT is included or not in the final price of the selected service and the contracting conditions including information regarding expenses. VAT is included in the price.
- Once the hotel accommodation service selection is finalized, you will proceed to payment. Before confirming the payment, we will inform you again about the price of the hotel and/or tourist accommodation services you have selected, specifying whether or not VAT is included in the final price of the selected service, the hiring conditions, including information related to the date of provision of the selected service, and we will also indicate whether there are any extra costs, specifying the amount of these. In any case, you will be informed of the costs of the hotel accommodation service you have hired in the event that these are not included in the final purchase or contracting price of the selected service.
- In addition, you will receive information regarding the possibility of applying discounts. At this point, you can continue shopping or proceed with payment and/or contracting.
- To carry out the hiring and payment of the service, you will need to fill in a form with the requested data. The information that is mandatory to proceed with the purchase and payment will be marked with an asterisk.
- Once the mandatory personal data has been entered into the hiring and payment form, you must accept the terms and conditions of hiring and purchase by checking the corresponding box. In addition, you must expressly accept the processing of your personal data in order to purchase and/or hire the hotel accommodation services from the website, by checking the privacy policy and personal data processing box.
- You can also request, by checking the corresponding box, to receive newsletters and offers from the company/entity. And confirm the billing address.
- The payment method accepted by the company/entity is:
- Visa
- Master Card
- American Express
- For the company/entity, the security of its customers is fundamental [...]. Therefore, with the aim of protecting the transmission of confidential information, the website has a data encryption protocol through an SSL Security Certificate. SSL encryption technology protects economic transactions and the flow of data (name, address, credit card number, etc.), allowing operations to be carried out securely. For payment with Visa and Mastercard credit cards, the customer must have activated payment through CES (Secure Electronic Commerce). You will be able to tell if the Secure Electronic Commerce protocol is activated by the "Verified by VISA" and "Mastercard Secure Code" logos. In all operations, the system carries out a validation with the issuing bank of the card that is being used, asking for a key / PIN / signature / security code that the customer must have, and that along with the card number, expiry date and the 3 digits on the back guarantee the security of the operation. We call this key / PIN / signature / security code the CES Security Code or CES Secure Electronic Commerce Code. The customer's credit card details will be absolutely confidential (neither the company/entity nor third parties will have access to them).
- In the event that the payment by card is denied, the service contract would be automatically canceled, with the customer being notified of the cancellation through electronic means.
- Finally, you will need to confirm the hiring and/or acquisition of the selected hotel and/or tourism services.
V. CONTRACTED SERVICE.
The hotel and/or tourism accommodation service is offered on the website with a description as accurate as possible about its features.
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 for hotel and/or tourist accommodation services are reflected in euros.
Before you accept the contracting and/or acquisition operation, the prices for each of the selected and/or contracted hotel and/or tourist accommodation services will be clearly specified, in addition to the expenses that will be applicable to the operation and the promotions or discounts that, where appropriate, are applicable.
The company reserves the right to change its prices at any time. In case of a modification of the selling price, the lodging and/or tourism services will be billed according to the price in effect at the time of booking and/or purchase.
Any payment made to the company/entity will result in the issuance of an invoice in your name.
For any information about the service you have contracted and/or purchased, you should contact us by email at booking@florhotels.com, indicating your customer/user details in the subject line of the message.
VII. OFFERS.
The offers are properly marked. The hotel and/or tourism accommodation services offered on the website will be available until any modification related to the product occurs, which will be advised one week in advance.
VIII. RIGHT OF WITHDRAWAL AND CANCELLATION.
The user/consumer’s right of withdrawal, provided for in Article 68 of the Royal Legislative Decree 1/2007, of November 16, is not applicable in the current contract, since it involves a hotel accommodation service and the exceptions to the right of withdrawal provided for in Article 103 of the Royal Legislative Decree 1/2007, of November 16, apply.
Cancellation Conditions:
The conditions for withdrawal and/or cancellation are specified in the contracted reservation.
IX. CONTRACT CELEBRATION.
Contracts will be considered established and will produce all the effects foreseen by the legal system, when the consent and other necessary requirements for their validity coincide, and shall be governed by the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI), articles 23 and 24, in the Civil Code, the Commercial Code, and other applicable civil or commercial rules. If you are a consumer, this contract will be considered established in the place where you habitually reside. If you are a professional or entrepreneur, this contract will be considered established in the locality of the registered office and/or establishment of the company/entity.
X. AMENDMENT.
The company/entity reserves the right to modify or replace these contract terms if new economic, commercial, regulatory circumstances and/or extraordinary circumstances arise that affect the product sale and/or service provision and/or related aspects warranting modification of said conditions. Unilateral changes to these conditions for justified reasons will not, in any case, affect the contract terms of those products, services or promotions that have been previously contracted prior to any modification.
XI. LIABILITY REGIME.
The company/entity will not be liable for problems arising from 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 being foreseeable, the company/entity has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure.
The company/entity will in no case be responsible for the delay in the execution of its obligations or the non-fulfillment of them, if this breach is motivated by fortuitous events or reasons of force majeure, in accordance with what is established in Article 1.105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. The agreed service delivery times will be extended by at least the period of time that the force majeure event has lasted. If the force majeure event lasts more than three (3) months, either party may terminate these contract terms.
XII. INTELLECTUAL PROPERTY PROTECTION.
SANS GAYÀ HERMANOS SL owns the domain and the website www.florhotels.com. The trademark is duly registered under the name of SANS GAYÀ HERMANOS SL. Likewise, the website www.florhotels.com including but not limited to its programming, editing, compilation, designs, logos, text and/or graphics, are property of SANS GAYÀ HERMANOS SL, and are protected by national and international intellectual and industrial property laws. Therefore, the rights holder 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 authorization in this regard.
The user’s access to the website does not grant them any ownership rights over it. SANS GAYÀ HERMANOS SL will legally exercise judicial actions against those who knowingly and without authorization, 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 insofar as it is not expressly established. The parties submit to the jurisdiction of the competent Courts and Tribunals for any questions that may arise or actions that may be taken arising from the provision of the web service and its services and contents, and concerning the interpretation, application, compliance or non-compliance of what is established in these general conditions. In the event that the user is a consumer, the Courts and Tribunals that correspond as provided in the current consumer regulations will be competent.
Additionally, we remind you that you can access the online dispute resolution platform of the European Union 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 the Organic Law 3/2018 of December 5, on Personal Data Protection and Guarantee of Digital Rights, the following information is provided on the processing of your personal data:
- Responsible: SANS GAYÀ HERMANOS SL.
- Tax Identification Number: B07614373
- Address: BULEVAR PAGUERA, No. 36, Postal code: 07160, PAGUERA
- Phone: +34 971686093
- Email: booking@florhotels.com
- Data Protection Officer: Contact: http:wwwprotecmir.com / Email: [protecmirlegal@protecmir.com](mailto:protecmirlegal@protecmir.com)
- Purpose: At SANS GAYÀ HERMANOS SL, we process your personal data in order to provide you with our hotel accommodation service, manage the sending of information and commercial prospecting, and carry out the invoicing of the contracted services. In order to be able to offer you services according to 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 business 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 stated purpose, and, in all cases, for the legal periods and for the necessary time to attend to possible responsibilities arising from the processing.
- Legitimacy: The processing of your personal data is based on the execution of a contract in which the interested party is part or the application, at the request of the latter, of pre-contractual measures. In addition, 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 December 5, on Personal Data Protection and Guarantee of Digital Rights (LOPDPGDD). Law 1/1992, amended by Organic Law 4/2015, of March 30, on the Protection of Citizen Security, also applies, as does the Information Society Services Law 34/2002 articles 20 and 21 for the sending of commercial offers through telecommunications.
The prospective offer of services is based on the consent requested, and in no case will the withdrawal of this consent condition the contract of acquisition and/or provision of service. There is an obligation to provide personal data, otherwise it is not possible to provide the hotel accommodation service and/or facilitate the requested offer. The prospective offer of products and services is based on the consent requested, and in no case will the withdrawal of this consent affect the contract of product acquisition and/or service provision.
- Recipients: The data will not be communicated to any third party outside the Entity, except under legal obligation. However, we inform you that third party providers may have access to your personal data, in their capacity as data processors, in the context of providing a service for the Data Processing Entity. In addition to the above, your data may be transferred to the State Security Forces and Bodies. There is no forecast for data transfer to third countries. No adequacy decisions, guarantees, binding corporate rules or applicable specific situations are taken.
- Rights: Interested parties have the right to access 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, parties can request the limitation of their data processing, in which case we will only preserve it for the exercise or defense of claims. Also, and for reasons related to their particular situation, parties can object to their data processing, in which case their personal information will stop being processed for those purposes they have expressed their opposition to. When technically possible, the interested party can request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, interested parties can send a letter, enclosing a copy of a document proving their identity (ID), to SANS GAYÀ HERMANOS SL at BULEVAR PAGUERA, Nº 36, CP: 07160, PAGUERA or the email address booking@florhotels.com. You have the right to file a Complaint with the Supervisory Authority: Spanish Data Protection Agency (www.agpd.es). Source of Personal Data: the interested party themselves.