GENERAL TERMS AND CONDITIONS
These General Terms and Conditions aim to regulate the contractual relationship between CLOT HOTELS SL (hereinafter “the company/entity”) and you (hereinafter “the client/user”), regarding the booking and/or purchase of hotel and/or tourist accommodation services made through the website www.nurahotels.com (hereinafter, “the website”), a domain owned by CLOT HOTELS SL, a legally constituted company with registered office at CALLE DALMAU DE ROCABERTÍ, Nº 10, 07013 PALMA DE MALLORCA, BALEARIC ISLANDS, with CIF/NIF number B16629958, and registered in the Mercantile Registry of the Balearic Islands, Volume 2814, Folio 206, Sheet 86773, Section 8.
I.- PRE-CONTRACTUAL INFORMATION
If you are under 18 years of age, you cannot purchase and/or book any of the hotel and/or tourist accommodation services on the website www.nurahotels.com. To acquire and/or book any of the hotel and/or tourist accommodation services on the website, you must be of legal age.
We recommend that you read these General Terms and Conditions before making a purchase, as accepting them is a prior and essential step for the booking. Before starting the booking process, the company/entity makes these terms available to you so that you can store and reproduce them.
We inform you that an electronic record of these General Terms and Conditions is created, which will be accessible to you at all times. All information provided during the booking process will be stored by the company, and you, prior to and during the purchase process, will be able to access, save, and print these General Terms and Conditions for your reference.
We inform you in advance of the procedures you must follow to accept these General Terms and Conditions. The procedures for booking the hotel and/or tourist accommodation services offered are those described in these General Terms and Conditions, as well as any specific procedures indicated on the website during navigation, so that you, as the client/user, acknowledge and accept these procedures as necessary to acquire and/or book the hotel and/or tourist accommodation services offered on the website.
The booking of our hotel and/or tourist accommodation services can be completed by you 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 booking process, the company provides technical means to identify and correct errors. Any modification or correction of the data you provide during navigation must be carried out according to the instructions on the website. The website displays confirmation windows for the data provided, which may prevent you from proceeding with the purchase or booking 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 tourist accommodation services and the details of your booking, so that you can modify this information if necessary. If you detect an error after completing the payment process, you must contact customer service at (+34) 971262112 or by email at fplass@nurahotels.com.
By providing your personal data, you give your express consent to the processing of this data for the purpose of acquiring and/or booking the hotel and/or tourist accommodation services on the website.
The online acquisition and/or booking of the hotel and/or tourist accommodation services offered by the company through this website is subject to the provisions of these General Terms and Conditions.
The acquisition and/or booking of any of the company’s hotel and/or tourist accommodation services through the website requires acceptance of each and every one of the General Terms and Conditions and/or any specific conditions applicable to the hotel and/or tourist accommodation services acquired and/or booked.
These General Terms and Conditions are subject to the provisions of Law 34/2002 on Information Society Services and Electronic Commerce; Law 7/1998 on General Terms and Conditions of Contracting; 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 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users; and any complementary laws that may apply.
For any inquiries, you can contact us at the email address: fplass@nurahotels.com.
II.- SELLER INFORMATION
This website is operated by:
CLOT HOTELS SL
CIF/NIF: B16629958
Address: CALLE DALMAU DE ROCABERTÍ, Nº 10, 07013 PALMA DE MALLORCA, BALEARIC ISLANDS
CLOT HOTELS SL sells the hotel and/or tourist accommodation services on www.nurahotels.com.
The company/entity has its registered office and/or establishment at CALLE DALMAU DE ROCABERTÍ, Nº 10, 07013 PALMA DE MALLORCA, BALEARES.
CLOT HOTELS SL owns the domain and the website www.nurahotels.com.
III. PURPOSE OF THE TERMS AND CONDITIONS OF CONTRACTING
These Terms and Conditions of Contracting aim to regulate the sales conditions of the hotel and/or tourist accommodation services offered by the company on this website. These terms govern the contractual relationship arising between the company and you when you check the corresponding box during the online purchase and/or booking process.
The features of the hotel and/or tourist accommodation services acquired and/or booked are reflected on the website.
By booking any of the services offered through www.nurahotels.com, you accept and agree to be bound by these General Terms and Conditions of Contracting, as well as any specific conditions that may apply to the booking of each hotel and/or tourist accommodation service.
The prices applicable to the hotel and/or tourist accommodation services you book are those indicated on the website on the date of booking and/or purchase. VAT is included in the price.
All technical means and requirements necessary to access the website and the hotel and/or tourist accommodation services offered therein are the sole responsibility of the client/user.
Once you access the website, to proceed with the purchase and booking of the various services, you must follow all instructions provided on the website, completing the required terms of contracting and other forms specified for each service. This implies that you have read and accepted these General Terms and Conditions of Contracting, as well as any specific conditions that may apply.
IV. BOOKING PROCEDURE
The booking of hotel and/or tourist accommodation services must be made by specifically selecting the desired service using the purchase selection tools available on the website. Once the purchase request has been selected and verified, you must expressly accept the terms and conditions of booking as displayed on the website. From the moment of acceptance, you acquire the status of client/user of the company/entity. We recommend reading these General Terms and Conditions of Contracting carefully and printing or saving the document in electronic format.
To book any of the hotel and/or tourist accommodation services on the website, you must provide your personal and/or professional data. In some cases, you will need to create a username and password to access areas that require prior identification. When your personal data is registered on our website, or when you book one of our services, your personal and/or professional data is incorporated into our database and will be used exclusively to process the booked service during the selected period and to send you information or offers of similar services that may be of interest to you. You can modify your client registration data (address, contact phone number, email address, etc.) at any time.
Purchase/Booking Procedure:
1.- To begin the booking and/or purchase of a service on the website, you must follow the instructions on the site and select the service you wish to book.
You can view and review the selected hotel accommodation service by following the purchase and/or booking instructions on the website. At the time of selecting the service, you will be able to see the service features and its price. We also specify whether VAT is included in the final price of the selected service, along with the booking conditions, including information regarding any charges. VAT is included in the price.
Once you have completed the selection of the hotel accommodation service, you must proceed with the payment. Before confirming the payment, we will inform you again of the price of the selected hotel and/or tourist accommodation services, specifying whether VAT is included in the final price, the booking conditions including information about the service date, and whether any additional charges apply, specifying their amount. In any case, you will be informed of any charges for the hotel accommodation service you have booked if they are not included in the final purchase or booking price of the selected service.
You will also receive information regarding the possibility of applying discounts. At this stage, you can continue shopping or proceed with the payment and/or booking.
2.- To complete the booking and payment of the service, you must fill out a form with the requested information. Fields that are mandatory for completing the purchase and payment will be marked with an asterisk.
Once the mandatory personal data in the booking and payment form have been entered, you must accept the Terms and Conditions of booking and purchase by checking the corresponding box. You must also expressly consent to the processing of your personal data for the purpose of acquiring and/or booking the hotel accommodation services on the website by checking the box for the privacy policy and personal data processing.
You may also, by checking the corresponding box, request to receive newsletters and offers from the company/entity, and confirm the billing address.
3.- The accepted method of payment by the company/entity is:
- Visa
- Master Card.
4.- The security of its clients is of utmost importance to the company/entity […]. Therefore, to protect the transmission of confidential information, the website uses a data encryption protocol through an SSL Security Certificate. SSL encryption technology protects financial transactions and data flow (name, address, credit card number, etc.), allowing operations to be carried out securely. For payment with Visa and Mastercard credit cards, the client must have Secure Electronic Commerce (CES) activated. You can identify if the Secure Electronic Commerce protocol is active by the logos “Verified by VISA” and “Mastercard Secure Code.” In all transactions, the system validates with the issuing bank of the card being used, requesting a key/PIN/signature/security code that the client must have. Together with the card number, expiration date, and the 3-digit code on the back, this ensures the security of the transaction. This key/PIN/signature/security code is referred to as the CES Security Code or CES Secure Electronic Commerce Code. The client’s credit card information will remain completely confidential (neither the company/entity nor third parties will have access to it).
If payment by card is declined, the booking of the service will be automatically canceled, and the client will be notified of the cancellation by electronic means.
5.- Finally, you must confirm the booking and/or purchase of the selected hotel and/or tourist accommodation services.
V. BOOKED SERVICE
The hotel and/or tourist accommodation service is offered on the website with a description as accurate as possible regarding its features.
VI. PRICE AND AVAILABILITY OF THE SERVICE
The prices applicable to each hotel and/or tourist accommodation service are published on the website and indicated for each service. Prices for hotel and/or tourist accommodation services are shown in euros.
Before you accept the booking and/or purchase, the prices of each selected and/or booked hotel and/or tourist accommodation service will be clearly specified, along with any applicable charges and any promotions or discounts that may apply.
The company reserves the right to modify its prices at any time. In the event of a price change, hotel and/or tourist accommodation 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 regarding the booked and/or purchased service, you should contact us by email at fplass@nurahotels.com, indicating your client/user details in the subject line.
VII. OFFERS
Offers are clearly indicated. The hotel and/or tourist accommodation services offered on the website will be available until any modification related to the product occurs, which will be notified at least one week in advance.
VIII. RIGHT OF WITHDRAWAL AND CANCELLATION
The right of withdrawal for the user/consumer, as provided in Article 68 of Royal Legislative Decree 1/2007 of 16 November, does not apply to this booking, as it concerns a hotel accommodation service, and the exceptions to the right of withdrawal set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November are applicable.
Cancellation Conditions: The terms for withdrawal and/or cancellation are specified in the booked reservation.
IX. FORMATION OF THE CONTRACT
Contracts will be considered concluded and will produce all effects provided by law when consent and all other requirements for their validity are met. They will be governed by the provisions of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), Articles 23 and 24, the Civil Code, the Commercial Code, and other applicable civil or commercial regulations. If you are a consumer, this contract will be deemed concluded in the place of your habitual residence. If you are a professional or entrepreneur, this contract will be deemed concluded in the locality of the company/entity’s registered office and/or establishment.
X. MODIFICATION
The company/entity reserves the right to modify or replace these Terms and Conditions of Contracting if new economic, commercial, regulatory, and/or extraordinary circumstances arise that affect the sale of the product and/or provision of the service, or related aspects that justify the modification of these terms. Any unilateral modifications to these terms for justified reasons will in no case affect the booking conditions of products, services, or promotions that were contracted prior to any such modification.
XI. LIABILITY REGIME
The company/entity shall not be held responsible for issues arising from lack of access or problems inherent to Internet connectivity or electrical networks when these originate from causes beyond its control, from causes that could not have been foreseen by the parties, or from causes that, even if foreseeable, the company/entity has made all reasonable efforts to prevent, or which are considered force majeure or acts of God.
Under no circumstances shall the company/entity be liable for delays in the performance of its obligations or for non-performance if such non-compliance is caused by force majeure, in accordance with Article 1,105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. The agreed delivery times will be extended by at least the duration of the force majeure event. If the force majeure event persists for more than three (3) months, either party may terminate these Terms and Conditions of Contracting.
XII. INTELLECTUAL PROPERTY PROTECTION
CLOT HOTELS SL is the owner of the domain and the website www.nurahotels.com. The trademark is duly registered in the name of CLOT HOTELS SL. Furthermore, the website www.nurahotels.com, including but not limited to its programming, editing, compilation, designs, logos, text, and/or graphics, is the property of CLOT HOTELS SL, and is protected by national and international intellectual and industrial property laws. Therefore, the rights holder expressly prohibits the use or reproduction, in whole or in part (by any physical or electronic means), by third parties, unless there is an agreement or written authorization in this regard.
Access by the user to the website does not grant any ownership rights over it. CLOT HOTELS SL will take the legal actions provided by law against those who knowingly and without authorization carry out any of the acts detailed above.
XIII. APPLICABLE LAW AND JURISDICTION.
These general conditions shall be governed by and interpreted in accordance with Spanish law, except where expressly stated otherwise. The parties submit to the jurisdiction of the competent Courts and Tribunals for any matters that may arise or actions that may be brought in relation to the provision of the website service, its services and content, and regarding the interpretation, application, performance or non-compliance with these general conditions.
In the event that the user qualifies as a consumer, the competent Courts and Tribunals shall be those established under the applicable consumer protection regulations.
Additionally, we remind you that you can access the European Union’s online dispute resolution platform via the following 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 Spanish Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, the following information is provided regarding the processing of your personal data: DATA CONTROLLER: CLOT HOTELS SL, Tax ID (CIF): B16629958, Address: CALLE DALMAU DE ROCABERTÍ, Nº 10,
Postal Code: 07013, PALMA DE MALLORCA, Phone: (+34) 971 262 112, Email: fplass@nurahotels.com.DATA PROTECTION OFFICER: Contact: http://www.protecmir.com, Email: protecmirlegal@protecmir.com PURPOSE:
At CLOT HOTELS SL, we process your personal data for the purpose of providing hotel accommodation services at our establishment, managing the sending of information and commercial prospecting, and invoicing the contracted services. In order to offer you services tailored 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 retained for as long as the commercial relationship is maintained and deletion is not requested, and for a period of 5 years from the date of the last booking and/or contracted service. In any case, your personal data will be kept for as long as it is useful for the stated purpose and, in any event, for the legal retention periods and the time necessary to address any potential liabilities arising from the processing. LEGAL BASIS: The processing of your personal data is based on the performance of a contract to which the data subject is a party, or in order to take pre-contractual measures at the request of the data subject. 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 for the processing of 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 the Spanish Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDPGDD). Law 1/1992, as amended by Organic Law 4/2015 of March 30, on the Protection of Citizen Security, is also applicable. The Law on Information Society Services 34/2002, specifically Articles 20 and 21, is also applicable for the sending of commercial offers via telecommunications. The prospective offer of services is based on the consent requested from you, and under no circumstances does the withdrawal of this consent affect the contract for the purchase and/or provision of services. It is mandatory to provide personal data; otherwise, the hotel accommodation service and/or the requested offer cannot be provided. The prospective offer of products and services is also based on the consent requested, and the withdrawal of this consent will in no case affect the contract for the purchase of products and/or the provision of services. RECIPIENTS:
Data will not be disclosed to any third party outside the Entity, except where there is a legal obligation to do so. However, please note that third-party service providers may have access to your personal data in their capacity as data processors, within the framework of providing a service to the Data Controller. In addition to the above, your data may be disclosed to the State Security Forces and Corps. There is no provision for the transfer of data to third countries. RIGHTS:
Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, data subjects may request the limitation of the processing of their data, in which case we will only retain the data for the exercise or defense of claims. Likewise, for reasons related to their particular situation, data subjects may object to the processing of their data, in which case their personal information will no longer be processed for the purposes to which they have objected. Where technically possible, the data subject may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, data subjects may write by postal mail, attaching a copy of an identity document (DNI), to CLOT HOTELS SL at CALLE DALMAU DE ROCABERTÍ, Nº 10, CP: 07013, PALMA DE MALLORCA, or by email to fplass@nurahotels.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 data subject themselves.
