Legal Notice
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Legal Notice and Privacy Policy
This document is made available to users in order to comply with the obligations established in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), EU Regulation 2016/679, and Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights, as well as to inform all users of the website about the conditions of use.
Anyone who accesses this website assumes the role of a user, committing to the strict observance and compliance with the provisions set forth here, as well as any other legal provisions that may apply.
1. IDENTIFICATION DATA
1.1. CESGARDEN S.L. (hereinafter, and by its trade name, GARDEN HOTELS) is a commercial entity located in the municipal district of Inca, on Menestrals street, number 5, postal code 07300, with CIF B07887441, telephone (0034) 971888400; Fax (0034) 902537727, and email address legal@grupogarden.com.
This entity is registered in the Commercial Registry of Mallorca, in volume 1.545 of Companies, sheet PM-28936.
1.2. The domain name, owned by GARDEN HOTELS, is www.gardenhotels.com.
2. OBJECT AND SCOPE OF APPLICATION
2.1. These general conditions regulate access, navigation, and use of the website under the domain www.gardenhotels.com (hereinafter, the website), as well as the responsibilities derived from the use of its contents, understanding by “contents” the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions, and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property.
2.2. It will be understood that access or the mere use of the website by the User implies their adherence to the general conditions that GARDEN HOTELS has published at the time of accessing the website. Therefore, it is recommended that the User carefully read these general conditions. For these purposes, the User shall be understood as the person who accesses, navigates, uses, or participates in the services and activities, whether free or paid, developed on the website.
2.3. In addition to these general conditions, GARDEN HOTELS may establish specific conditions that regulate the use and/or contracting of specific services offered to Users through the website. Likewise, through the website, GARDEN HOTELS may enable third parties to advertise or provide their services. In these cases, GARDEN HOTELS will not be responsible for establishing the general and specific conditions to be considered in the use, provision, or hiring of these services by third parties and therefore cannot be held responsible for them.
2.4. Before using and/or contracting such specific services provided by GARDEN HOTELS, the User must carefully read the corresponding specific conditions created for this purpose by GARDEN HOTELS. The use and/or contracting of such specific services imply the acceptance of the specific conditions that regulate them in the version published by GARDEN HOTELS at the time of such use and/or contracting.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. GARDEN HOTELS is the owner or has the corresponding license over the intellectual and industrial property exploitation rights of the website, as well as the intellectual, industrial and image property rights over the contents available through it.
3.2. Under no circumstances will it be understood that the access and navigation of the User implies a waiver, transmission, license or total or partial assignment of such rights by GARDEN HOTELS.
Therefore, Users are not granted any right to use, alter, exploit, reproduce, distribute or publicly communicate the website and/or its contents. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose.
The contents, texts, photographs, designs, logos, images, computer programs, source codes, and in general, any existing intellectual creation on this website, as well as the website as a whole, as a multimedia artistic work, are protected by copyright laws on intellectual property.
3.3. Likewise, it is not allowed to remove, bypass or manipulate the copyright notice (“copyright”) and any other identification data of GARDEN HOTELS’ rights or its owners incorporated into the contents, as well as technical protection devices, digital footprints, or any information and/or identification mechanisms that may be contained in the contents.
3.4. Furthermore, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way the whole or part of the contents included on the website for public or commercial purposes, without the express written authorization of GARDEN HOTELS or, where applicable, the rights holder to whom it corresponds.
4. ACCESS
4.1. Access to the website by users is free and unrestricted.
4.2. When it is necessary for the User to register or provide personal data in order to access specific services on the website, the collection, processing, and, if applicable, the transfer or access to the personal data of the Users will be subject to the provisions of the Privacy Policy set out on the website.
5. USE OF THE WEBSITE
5.1. The contents included on the website are provided solely to consumers or end users. Any unauthorized commercial use of them, or their resale, is prohibited, unless prior written authorization from GARDEN HOTELS is obtained.
5.2. If for the use of a service on the website, the User must proceed to register, they will be responsible for providing truthful and lawful information. If as a result of the registration, the User is provided with a password, they agree to use it diligently and keep the password secret to access these services, being responsible for its adequate custody and confidentiality, and agree not to transfer its use to third parties, either temporarily or permanently, or allow access to unauthorized individuals. It will be the User’s responsibility for the illicit use of services by any third party who uses a password obtained through negligent use or loss by the User.
5.3. Therefore, the User must immediately notify the website managers of any event that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such events are reported, GARDEN HOTELS will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
5.4. Access, browsing, and use of the website is the responsibility of the User, who agrees to diligently observe any additional instructions given by GARDEN HOTELS, or by its authorized personnel, regarding the use of the website and its contents.
5.5. Therefore, the User agrees to use the content diligently, correctly and lawfully and, in particular, undertakes, under no circumstances and under no concept:
- a) use the content for illegal purposes or effects;
- b) not reproduce in any way, not even through a hyperlink or hyperlink, copy, distribute, allow public access through any form of public communication, transform or modify the website or its content, unless authorized by the owner of the corresponding rights or legally permitted;
- c) use the content and, in particular, the information of any kind obtained through the page or services to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as to refrain from commercializing or disclosing such information in any way.
- d) perform any act that, in any way, is contrary, belittles or attacks against the fundamental rights and public freedoms constitutionally recognized, in the International Treaties and in the rest of the current legislation; induce, incite or promote criminal, denigrating, defamatory, violent actions, or, in general, contrary to law, morality, generally accepted good habits, or public order; induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
6. COMMUNICATIONS LICENSE
6.1. In the event that the User sends any type of information to the website, he declares, guarantees and accepts that he has the right to do so freely, that such information does not infringe any intellectual property rights, trademark, patent, trade secret, or any other third party rights, that such information is not confidential and that such information is not harmful to third parties.
6.2. The User acknowledges and assumes responsibility and will indemnify GARDEN HOTELS for any communication provided personally or on his behalf, with such responsibility encompassing without restriction the accuracy, legality, originality and ownership of the same.
6.3. Acceptance of these general conditions implies the exclusive assignment by the User of any intellectual or industrial property exploitation rights that the User may hold over the communications made through the website or to GARDEN HOTELS.
7. RESPONSIBILITIES AND WARRANTIES
7.1. GARDEN HOTELS does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information provided through the website.
7.2. Consequently, GARDEN HOTELS does not guarantee or take responsibility for:
- a) The continuity of the contents of the website.
- b) The absence of errors in such contents or the correction of any defect that may occur.
- c) The continuous access, nor the correct visualization, download, or use of the elements and information contained on the website that may be impeded, hindered, or interrupted by factors or circumstances that are beyond its control.
- d) The absence of viruses and/or other harmful components on the website or on the server that supplies it.
- e) The invulnerability of the website and/or the impregnability of the security measures adopted in it.
- f) The damages or harm caused to themselves or to a third party, by any person who infringes the conditions, rules, and instructions that GARDEN HOTELS establishes on the website or through the violation of its security systems.
However, GARDEN HOTELS declares that it has taken all necessary measures, within its capabilities and the state of technology, to guarantee the functioning of the website and prevent the existence and transmission of viruses and other harmful components to Users.
8. LINKS
8.1. On the website, the User may find links to other websites through different buttons, links, banners, etc., which are managed by third parties. GARDEN HOTELS does not have the authority or human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links are established from the website. Consequently, GARDEN HOTELS cannot assume any responsibility for any aspect related to the website to which a link is established from the website, specifically, for example, and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
8.2. The establishment of any type of link by the own website to another external website does not imply that there is any type of relationship, collaboration or dependency between GARDEN HOTELS and the owner of the external website.
8.3. Likewise, if any user, entity, or website wishes to establish any type of link to the website, they must adhere to the following requirements:
- a) The link can only direct to the Main Page or Home of www.gardenhotels.com, unless expressly authorized in writing by GARDEN HOTELS.
- b) The link must be absolute and complete, meaning it must take the user, with a click, to the URL address of GARDEN HOTELS and must fully cover the entire screen of the Main Page of the website. Under no circumstances, unless GARDEN HOTELS expressly authorizes it in writing, may the website making the link reproduce, in any way, the website, include it as part of its own website or within one of its “frames,” or create a “browser” over any of the website’s pages.
- c) On the page where the link is established, it cannot be stated in any way that GARDEN HOTELS has authorized such a link, unless GARDEN HOTELS has expressly authorized it in writing. If the entity making the link from their page to GARDEN HOTELS’ own website correctly wishes to include in their website the brand, denomination, trade name, sign, logo, slogan, or any other identifying element of GARDEN HOTELS and/or the website, they must first have their express and written authorization.
- d) GARDEN HOTELS does not authorize the establishment of a link to the website from those web pages that contain material, information, or content that is illegal, degrading, obscene, and generally contrary to morality, public order, or generally accepted social norms.
8.4. GARDEN HOTELS does not guarantee the legality, reliability, and usefulness of the services provided by third parties through this website or on which GARDEN HOTELS only acts as a mere advertising channel.
8.5. GARDEN HOTELS will not be responsible for damages of any kind caused by services provided by third parties through this website, specifically, but not limited to, those caused by:
- a) failure to comply with the law;
- b) the incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment;
- c) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind.
- d) carrying out acts that constitute unlawful, misleading or unfair advertising and, in general, that constitute unfair competition;
- e) lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible;
- f) infringement of the rights to honor, personal and family privacy, and image of people or, in general, any type of rights of third parties;
- g) unsuitability for any purpose and the disappointment of expectations generated, or the flaws and defects that may arise in the relationship with third parties;
- h) failure, delay in fulfillment, defective fulfillment or termination for any reason of obligations contracted by third parties and contracts made with third parties.
9. DURATION AND MODIFICATION
9.1. GARDEN HOTELS may modify the terms and conditions stipulated here, in whole or in part, by publishing any changes in the same way that these general conditions appear, or through any type of communication directed to Users.
9.2. The temporal validity of these general conditions coincides, therefore, with the time of their exposure, until they are modified in whole or in part, at which time the modified general conditions will come into effect.
9.3. Regardless of what is stated in the specific conditions, GARDEN HOTELS may terminate, suspend or interrupt access to the contents of the page at any time without prior notice, without the User being able to claim any compensation. After such termination, the prohibitions on the use of the contents previously set out in the general conditions will remain in effect.
9.4. In the same way, GARDEN HOTELS reserves the right to modify any type of information that may appear on the website, including prices and rates of services, without any obligation to give advance notice or inform users of such changes, understanding that it is sufficient to post them on the website. However, the prices offered on the website at the time the user makes a reservation will be respected.
The offers will be valid only during the period set by GARDEN HOTELS in their advertising.
10. GENERALITIES
10.1. The headings of the different clauses are only for informational purposes and will not affect, qualify, or expand the interpretation of the general conditions.
10.2. In case of discrepancy between the provisions of these general conditions and the specific conditions of each specific service, the provisions of the latter will prevail.
10.3. In the event that any provision or provisions of these general conditions is considered null or inapplicable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or inapplicability will not affect the other provisions of the general conditions or the specific conditions of the different services of GARDEN HOTELS.
10.4. The non-exercise or execution by GARDEN HOTELS of any right or provision contained in these general conditions shall not constitute a waiver of the same, unless acknowledged and agreed in writing by them.
11. JURISDICTION(Note: "Jurisdicción" translates to "jurisdiction" in English)
The relationships established between GARDEN HOTELS and the User will be governed by the provisions of the current regulations regarding applicable legislation and competent jurisdiction. However, in cases where the regulations provide for the possibility for the parties to submit to a jurisdiction, GARDEN HOTELS and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals that, by distribution or by reason of the matter, are competent for the judicial district of Inca (Illes Balears).
12. - PROTECTION OF PERSONAL DATA.
GARDEN HOTELS guarantees compliance with EU Regulation 2016/679 as well as Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights, in relation to the processing of personal data that the user must provide before using any of the services offered.
Given that the current risk management system distinguishes three stages: identification, assessment, and treatment, it is essential to properly define the processing activities. This task, as established in Article 30 of Regulation 2016/679, is carried out by analyzing the following aspects:
Purpose of the treatment
Depending on the requests of the User, the personal data provided through the website, and any other data that may be provided in the future to Garden Hotels through the Accommodation Contract or any other means enabled, will be processed by Garden Hotels for the following purposes:
- Manage booked reservations, including payment management (if applicable) and management of your requests and preferences.
- Manage newsletter subscriptions and subsequent sending of the same.
- Manage registration in the Garden Direct program.
- Manage your contact requests with Garden Hotels through the channels provided for this purpose.
- Manage the sending of personalized commercial communications from the Garden Group, by electronic and/or conventional means, in cases where the User expressly consents to it.
- Manage the provision of the contracted accommodation service, as well as additional stay services.
- Manage the conducting of surveys and/or evaluations related to the quality of services provided by Garden Hotels and/or the perception of its image as a company.
In cases where it is necessary to process the User’s data for compliance with a legal obligation or for the execution of the existing contractual relationship between Garden Hotels and the User, the processing would be legitimized as necessary for the fulfillment of these purposes. On the other hand, the processing carried out for the conduct of surveys and/or evaluations related to the quality of services provided by Garden Hotels and/or the perception of its image as a company will be based on the legitimate interest of the controller, with the prior consent of the data subject.
Categories of Stakeholders
People with whom a commercial relationship is intended or maintained as guests of Garden Hotels establishments.
Categories of personal data
Garden Hotels may process the following categories of data, depending on the request made by the User:
- Identifying information: name, last name
- Contact information: mailing address, mobile phone, email address.
- Personal characteristics data: date of birth, gender, nationality.
- Preference data.
- Data necessary for payment of the reservation or to guarantee it, as well as to pay for the stay or associated services.
Translations
- Participating companies or companies within the Garden Hotels business group, solely for internal administrative purposes and/or for the purposes previously indicated.
- Entities operating the hotels managed by Garden Hotels or under franchise, solely for internal administrative purposes and/or for the purposes previously indicated.
- Suppliers of Garden Hotels or of the hotel operators necessary for the proper fulfillment of legal obligations and/or the purposes previously indicated.
- Partners and collaborating companies of the Garden Group for the fulfillment of the purposes previously indicated and/or, if authorized, for the sending of commercial communications, marketing campaigns, promotion and advertising of the company’s products.
FlexMyRoom
By hiring our services, you are authorizing us to transfer your personal data to the company FLEXMYROOM INSURETECH, S.L., located in Benidorm (03503 – Alicante), Calle Gerona, 13, Local CA 18, with CIF number B42687616, for the sole purpose of protecting your reservation and enjoying the insurance services and products offered. Only the data strictly necessary for the activation of the insurance (name and surname, identification number, postal address, and contact details) will be transferred, in our mutual interest. This entity will delete your personal data when the service has ended and the legally established deadlines have been met. You may exercise your rights of access, rectification, deletion, limitation of processing, data portability, and opposition to processing and to not being subject to automated decisions at the email address datos@flexmyroom.com.
International data transfers
The recipients indicated in the previous section may be located within or outside the European Economic Area, in the latter case, international data transfers are duly legitimized.
Outside of the aforementioned scenario, no type of transfer to countries outside of the European Union is foreseen.
Retention period
The data will be kept for the period necessary to fulfill each purpose or until the communication of the will to revoke the consent given, in exercise of the cancellation rights, as specified in the authorization of the owner.
Security and organizational measures
Garden Hotels will treat the User’s data at all times in an absolutely confidential manner and keeping the necessary duty of secrecy regarding them, in accordance with the provisions of the applicable regulations, adopting the technical and organizational measures necessary to guarantee the security of their data and prevent their alteration, loss, treatment, or unauthorized access, taking into account the state of technology, the nature of the data stored, and the risks to which they are exposed.
Exercise of Rights
The user has the rights of access, rectification, deletion, restriction of processing, portability and opposition, as recognized by law, with respect to their personal data, and may exercise these rights in writing to the address specified in Clause One, on Identifying Data, of this document.
And in any case, if deemed appropriate, they may file a complaint with the Spanish Data Protection Agency.
