This document is made available to users in order to comply with the obligations established in Law 34/2002, of 11 July, 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 of the conditions of use.
Any person who accesses this website assumes the role of user and undertakes to observe and strictly comply with the provisions contained herein, as well as any other legal provisions that may be applicable.
1. IDENTIFICATION DETAILS
1.1. CESGARDEN S.L. (hereinafter referred to by the trade name GARDEN HOTELS) is a company with its registered office in the municipality of Inca, at calle Menestrals, number 5, c.p. 07300, with CIF number B07887441, telephone (0034) 971888400; fax (0034) 902537727, and email address email@example.com.
This company is registered in the Mercantile Register of Mallorca, page 222 of volume 1545 of companies, page PM-28936.
1.2. The domain name, owned by GARDEN HOTELS, is www.gardenhotels.com.
2. PURPOSE AND SCOPE
2.1. These general conditions regulate the access, browsing and use of the website under the domain www.gardenhotels.com (hereinafter referred to as the website), as well as the responsibilities deriving from the use of its contents, hereinafter referred to as contents: 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 is understood that access or mere use of the website by the user implies acceptance of the general conditions published by GARDEN HOTELS at the time the user accesses the website. The user is therefore advised to read these general conditions carefully and attentively. For these purposes, the user is understood to be the person who accesses, browses, uses or participates in the services and activities provided on the website, whether free of charge or for a fee.
2.3. Independently of 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, GARDEN HOTELS may enable third parties to advertise or provide their services through the website. In such cases, GARDEN HOTELS shall not be responsible for establishing the general and specific conditions to be taken into account when using, providing or contracting such services by third parties and shall therefore not be liable for them.
2.4. Before using and/or contracting these specific services provided by GARDEN HOTELS, the user must carefully read the corresponding specific conditions drawn up for this purpose by GARDEN HOTELS. The use and/or contracting of these specific services implies the acceptance of the specific conditions governing them, in the version published by GARDEN HOTELS at the time of said use and/or contracting.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. GARDEN HOTELS is the owner of the intellectual and industrial property rights of the website, as well as the intellectual, industrial and artistic property rights of the contents available on the website, or has the corresponding licence for the exploitation of these rights.
3.2. Under no circumstances shall it be understood that the user’s access and browsing implies a waiver, transfer, licence or total or partial cession of said rights by GARDEN HOTELS. Therefore, users are not granted any right to use, modify, exploit, reproduce, distribute or publicly communicate the website and/or its contents. Any other use or exploitation of other rights is subject to prior and express authorisation specifically granted for this purpose. The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation contained in this website, as well as the website itself as a whole, as a multimedia work of art, are protected by intellectual property rights.
3.3. Likewise, it is forbidden to remove, evade or manipulate the copyright notice and any other data identifying the rights of GARDEN HOTELS or its owners incorporated in the content, as well as technical protection devices, digital fingerprints or any other information and/or identification mechanisms that may be contained in the content.
3.4. Likewise, it is forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, republish, upload files, send by post, transmit, use, process or distribute in any way, all or part of the contents of the website for public or commercial purposes, without the express written authorisation of GARDEN HOTELS or, where applicable, the owner of the corresponding rights.
4.1. Access to the site by users is free of charge.
5. USE OF THE WEBSITE
5.1. The contents of the website are intended exclusively for consumers or end users. Any unauthorised commercial use or resale of the same is prohibited, except with the prior written consent of GARDEN HOTELS.
5.2. Where registration is required in order to use a service on the website, the user is responsible for providing truthful and lawful information. If, as a result of the registration process, the user is provided with a password, he/she undertakes to use it carefully and to keep it secret in order to access the services; the user is responsible for its safekeeping and confidentiality and undertakes not to allow it to be used by third parties, either temporarily or permanently, or to allow third parties access to it. The user shall be liable for the unlawful use of the services by any unauthorised third party using a password for that purpose as a result of the user’s careless use or loss of the password.
5.3. By virtue of the above, the user must immediately notify the site managers of any event that may allow the misuse of usernames and/or passwords, such as theft, loss or unauthorised access to them, in order to proceed to their immediate cancellation. Until such time, GARDEN HOTELS shall be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorised third parties.
5.4. Access, browsing and use of the website are the responsibility of the user, who therefore undertakes to carefully and faithfully follow any additional instructions given by GARDEN HOTELS or its authorised personnel regarding the use of the website and its contents.
5.5. The user therefore undertakes to use the content in a careful, correct and lawful manner and, in particular, undertakes in no case and under no circumstances to:
<li>a) Use the contents for illegal purposes or effects.</li>
<li>b) Reproduce, copy, distribute, make publicly accessible through any form of public communication, transform or modify the website or its contents in any way, including by means of a hyperlink, unless authorised by the holder of the corresponding rights or permitted by law.</li>
<li>c) Use the content and, in particular, the information of any kind obtained through the website or the services to send advertising, communications for the purpose of direct sale or for any other commercial purpose, unsolicited messages addressed to a number of persons, regardless of the purpose, and to refrain from marketing or disseminating such information in any way.</li>
<li>d) Perform any act that in any way contradicts, undermines or violates the fundamental rights and public freedoms recognised by the constitution, international treaties and other applicable legislation; induce, incite or promote criminal, denigrating, defamatory or violent acts or, in general, acts contrary to the law, morality, generally accepted good practices or public order; induce, incite or promote discriminatory acts, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.</li>
6. COMMUNICATIONS LICENCE
6.1. In the event that the user sends information of any kind to the website, he/she declares, guarantees and accepts that he/she has the right to do so freely, that such information does not violate any intellectual property right, trademark, patent, trade secret or any other right of third parties, that such information is not of a confidential nature and that such information is not harmful to third parties.
6.2. The user acknowledges that he/she assumes responsibility and shall hold GARDEN HOTELS harmless for any communication that he/she provides personally or on his/her behalf, with said responsibility extending, without limitation, to the accuracy, legality, originality and ownership of the same.
6.3. Acceptance of these general conditions implies the exclusive transfer by the user of any intellectual or industrial property rights that may be held by the user in respect of communications made through the website or to GARDEN HOTELS.
7. RESPONSIBILITIES AND GUARANTEES
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 and is not responsible for
<li>a) The continuity of the contents of the website.</li>
<li>b) The absence of errors in said contents or the correction of any defect that may occur.</li>
<li>c) The continuous access, nor the correct viewing, downloading or use of the elements and information contained in the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.</li>
<li>d) The absence of viruses and/or other harmful components in the website or in the server that makes it available.</li>
<li>e) The invulnerability of the website and/or the impregnability of the security measures adopted therein.</li>
<li>f) Any damage or harm caused to themselves or to third parties by any person violating the conditions, rules and instructions established by GARDEN HOTELS on the website, or by the violation of the security systems of the website.</li>
Nevertheless, GARDEN HOTELS declares that it has taken all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the website and to avoid the existence and transmission of viruses and other harmful components to users.
8.1. On the website, the user may find links to other websites through various buttons, links, banners, etc. managed by third parties. GARDEN HOTELS does not have the authority or the human or technical resources to know, control or approve all the information, content, products or services offered by other websites to which links are established from the website. As a result, GARDEN HOTELS cannot be held responsible for any aspect of the website to which a link is established from the website, specifically including but 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 contents in general.
8.2. The creation of any type of link from the website to another website does not imply any type of relationship, collaboration or dependence between GARDEN HOTELS and the party responsible for the external website.
8.3. Likewise, if any user, entity or website wishes to establish any type of link to the website, they must comply with the following requirements:
<li>a) The link may only be made to the main page or home page of www.gardenhotels.com, unless expressly authorised in writing by GARDEN HOTELS.</li>
<li>b) The link must be absolute and complete, i.e. it must take the user to the GARDEN HOTELS URL address in one click and must cover the entire screen of the home page of the website. Under no circumstances, unless expressly authorised in writing by GARDEN HOTELS, may the linking website reproduce the website in any way, incorporate it as part of its website or within one of its frames, or create a browser on any of the pages of the website.</li>
<li>c) The page from which the link is established must not state in any way that GARDEN HOTELS has authorised such a link, unless GARDEN HOTELS has expressly done so in writing. If the entity establishing the link from its page to the GARDEN HOTELS website wishes to include in its website the trademark, name, trade name, label, logo, slogan or any other type of identifying element of GARDEN HOTELS and/or the website, it must first obtain express written authorisation from GARDEN HOTELS.</li>
<li>d) GARDEN HOTELS does not authorise the creation of links to the website from websites that contain material, information or content that is unlawful, illegal, degrading, obscene or, in general, contrary to morality, public order or generally accepted social norms.</li>
8.4. GARDEN HOTELS does not guarantee the legality, reliability or usefulness of the services offered by third parties through this website or those for which GARDEN HOTELS acts as a mere advertising channel.
8.5. GARDEN HOTELS shall not be liable for damages of any kind caused by the services provided by third parties through this website, in particular, by way of example, those caused by:
- a) Non-compliance with the law.
- b) The introduction of viruses or any other computer code, file or programme that may damage, interrupt or prevent the normal functioning of any software, hardware or telecommunications equipment.
- c) The infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind.
- d) The performance of acts that constitute illegal, misleading or unfair advertising and, in general, unfair competition.
- e) The lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible.
- f) The violation of the rights to honour, personal and family privacy, personal image or, in general, of any type of rights of third parties.
- g) The inadequacy for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that could be generated in the relationship with third parties.
- h) The non-fulfilment, late fulfilment, defective fulfilment or termination, for any reason whatsoever, of the obligations contracted by third parties and of the contracts concluded with third parties.
9. DURATION AND MODIFICATION
9.1. GARDEN HOTELS may modify, in whole or in part, the terms and conditions established herein, by publishing such modification in the same manner as these general conditions or by any other means of communication addressed to the users.
9.2. The validity of these general conditions is therefore limited to the date of their publication, until they are modified in whole or in part, at which time the modified general conditions will enter into force.
9.3. Notwithstanding the provisions of the specific conditions, GARDEN HOTELS may, at any time and without prior notice, terminate, suspend or interrupt access to the contents of the website, without the user being able to claim any compensation. After such termination, the prohibitions on the use of the contents set out above in these general conditions shall remain in force.
9.4. Likewise, GARDEN HOTELS reserves the right to modify any type of information that may appear on the website, including the prices and rates of the services, without any obligation to give prior notice or to inform the user of these obligations, the publication on the website being considered sufficient, although the prices offered on the website at the time the user requests a booking shall be respected.
The offers are valid only during the period indicated by GARDEN HOTELS in its advertising.
10.1. The headings of the clauses are for information only and do not affect, limit or extend the interpretation of the general conditions.
10.2. In the event of any discrepancy between the provisions of these general conditions and the particular conditions of each specific service, the provisions of the latter shall prevail.
10.3. In the event that one or more provisions of these general conditions are declared null and void or inapplicable, in whole or in part, by a court or competent administrative body, this shall not affect the other provisions of these general conditions or the specific conditions of the various GARDEN HOTELS services.
10.4. The failure of GARDEN HOTELS to exercise or enforce any right or provision of these general conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by GARDEN HOTELS.
The relationship established between GARDEN HOTELS and the user shall be governed by the provisions of the regulations in force regarding applicable law and competent jurisdiction. However, in cases where the regulations provide for the possibility of the parties submitting 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 (Balearic Islands).
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 the Guarantee of Digital Rights, in relation to the processing of personal data that the user must provide prior to using any of the services offered.
Given that the current risk management system distinguishes three stages: identification, assessment and processing, it is therefore essential to adequately define the processing activities. This work, as provided for in Article 30 of Regulation 2016/679, is carried out by analysing the following aspects:
Purpose of processing
Depending on the user’s requirements, the personal data provided by the user through the website, as well as any other data that may be provided to Garden Hotels in the future through the accommodation contract or any other authorised means, will be processed by Garden Hotels for the following purposes:
<li>Manage bookings, including payment (if applicable) and handling requests and preferences.</li>
<li>Manage subscription to and delivery of newsletters.</li>
<li>Manage registrations to the Garden Direct loyalty programme.</li>
<li>Manage requests to contact Garden Hotels via the channels provided.</li>
<li>Manage the sending of personalised commercial communications from the Garden Group, by electronic and/or conventional means, in cases where the user expressly consents.</li>
<li>Manage the provision of the contracted accommodation service and ancillary services during the stay.</li>
<li>Manage the carrying out of surveys and/or evaluations relating to the quality of the services provided by Garden Hotels and/or the perception of its image as a company.</li>
In cases where it is necessary to process the user’s data in order to comply with a legal obligation or for the execution of the existing contractual relationship between Garden Hotels and the user, the processing would be legitimate because it is necessary for the fulfilment of these purposes. On the other hand, the processing of data for the purposes of carrying out surveys and/or assessments relating to the quality of the services provided by Garden Hotels and/or the perception of its image as a company will be carried out on the basis of the legitimate interest of the data controller, with the prior consent of the data subject.
Categories of data subjects
Persons with whom a business relationship is intended or maintained as guests of the hotel establishments of Garden Hotels.
Categories of personal data
Depending on the request made by the user, Garden Hotels may process the following categories of data:
<li>Identifying information: name, surname.</li>
<li>Contact details: postal address, mobile phone number, email address.</li>
<li>Personal information: date of birth, gender, nationality.</li>
<li>Data necessary for the payment or guarantee of the booking, as well as for the payment of the stay or related services.</li>
With the exception of those required by judicial or administrative authorities, transfers are only envisaged in the following cases:
<li>Companies participating in or belonging to the Garden Hotels Group, solely for internal administrative purposes and/or for the aforementioned purposes.</li>
<li>Companies that operate the hotels managed or franchised by Garden Hotels, solely for internal administrative purposes and/or for the aforementioned purposes.</li>
<li>Suppliers of Garden Hotels or of the hotel operators, necessary for the proper fulfilment of legal obligations and/or for the aforementioned purposes.</li>
<li>Partners and collaborating companies of the Garden Group for the fulfilment of the aforementioned purposes and/or, if authorised, for the sending of commercial communications, marketing campaigns, promotions and advertising of the company’s products.</li>
International data transfers
The recipients listed in the previous section may be located inside or outside the European Economic Area; in the latter case, international data transfers are duly authorised and no transfer to countries outside the European Union is foreseen.
The data will be kept for the time necessary to achieve the purposes for which they have been collected, or until such time as the data subject exercises his or her right to revoke the consent given, in accordance with the terms of the data subject’s authorisation.
Security and organisational measures
Garden Hotels will at all times treat the user’s data with the utmost confidentiality and will comply with its duty of secrecy in accordance with current legislation, adopting the necessary technical and organisational measures to guarantee the security of the data and prevent their alteration, loss, unauthorised processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.
Exercise of rights
The user has the legal rights of access, rectification, cancellation, restriction of processing, portability and opposition, if applicable, with regard to their personal data, and may exercise these rights by writing to the address indicated in the first section of this document, regarding identification details, and in any case, if he/she deems it appropriate, he/she may lodge a complaint with the Spanish Data Protection Agency.