GENERAL CONDITIONS OF RESERVATION AND/OR PURCHASE
Through our on-line booking service, you are contracting a reservation for tourist accommodation, a service which is subject to the following conditions:
These General Conditions establish, along with other terms and conditions, the legal framework that will regulate the contracting of services consisting of the provision of hotel accommodation services, carried out through the Website WWW.BQHOTELES.COM. This Website belongs to the Organisation Grupo BQ HOTELES, integrated by companies: Hotel Sarah, S.L., CIF: B57833865, Registro Mercantil de ILLES BALEARS T 2556, F 66, S 8, H PM72969, Sidehoteles, S.L., CIF: B57512642, Registro Mercantil de ILLES BALEARS T 2292, F 203, S 8, H PM 59373. Xema, S.A., CIF: 07101256, Registro Mercantil de ILLES BALEARS T 917, F 44, S 8, H PM 5430. Hotel Clumba, S.L., CIF: B57857518, Registro Mercantil de ILLES BALEARS T 2571, F 83, S 8, H PM 73857. Muro Club, S.L., CIF: B07303167, Registro Mercantil de ILLES BALEARS T 1808, F 32, S 8, H PM 9419; Address: C/ Fray Junípero Serra Nº5, 07013, Palma de Mallorca, Baleares. Email address: firstname.lastname@example.org
The purpose of these contract conditions is to regulate the terms for contracting/reserving the services offered by the Company through the Website and the corresponding remuneration and/or payment to be made by the Customer to the Company.
Before initiating the contract procedure and by means of techniques adapted to the means of communication used, the Company makes clear, understandable and unequivocal information available to the recipient permanently, easily and free of charge, on the following matters:
The Customer contracts the Company’s hotel accommodation services, and the Company accepts the order to provide the services selected on the Website, in accordance with this contract regarding price, General Conditions and Specific Conditions of the service/services selected.
The Vendor reserves the right to modify said conditions unilaterally, without this affecting any services or promotions that were contracted prior to any such modification.
The Vendor of the services contracted by the Customer and/or User is BQ HOTELES, a hotel company that provides hotel accommodation services.
The Website WWW.BQHOTELES.COM is registered under the name of SIDEHOTELES S.L. and group BQ HOTELES. The trade name is duly registered under the name of the Company and/or Organisation.
Offers are duly marked and identified, indicating the previous price and the offer price.
III. PURCHASE AND/OR RESERVATION PROCEDURE.
Services must be contracted by specifically selecting the type of accommodation desired, using the purchase and/or reservation selection instruments installed on the Website.
Once the purchase and/or reservation request has been selected and verified, you will have explicitly accepted in full each and every one of the General Conditions contained on the Company’s Website, and which implies the contracting of the services requested.
From the moment of acceptance, the User is granted the status of Customer of the Company as described in these General Conditions. Any service, product and/or reservations offered subsequently by the Company shall be subject to a new contract.
Users/Customers are advised to read these General Conditions carefully, and either print them out or save the document in electronic format.
To contract the services offered on the Website WWW.BQHOTELES.COM and/or to access particular services, the User must register his or her personal details, including email address.
Once your data is registered on our server, or you contract our services, your personal and professional details, address and chosen method of payment are added to our database, which is used solely to process registration of the service contracted for the selected period and to send information on offers and information that may be of interest to you during the period contracted. At any time, you can modify your Customer registration data (address, contact telephone number, email address, etc.).
You are informed that, in accordance with article 27 of Act 34/2002 governing Information Society and Electronic Commerce Services, the contract procedure will consist of the following steps:
Once the accommodation and the arrival and departure dates have been selected, the User must then complete the reservation and/or purchase procedure. In this step, the User must provide his or her details and select one of the permitted payment and/or reservation systems. In the event of paying and/or reserving by credit card, the User must enter the details of his or her selected credit or debit card and must accept the General Conditions of contract and/or reservation. The conditions of the reservation that has been selected and its price will then be shown. VAT is included in the price.
Users may apply any discounts available to them.
At this point, the User can proceed to make the payment and/or confirm the reservation.
The User can check the appropriate box to ask to receive news and offers from BQ HOTELES.
The accommodation offered for sale on the Website has a description that is as accurate as possible regarding the characteristics of the hotel accommodation to which the contract and/or reservation relates. The Specific Conditions listed in the appendix are applicable to the hotel accommodation offered.
The prices applicable to each of the hotel accommodation services offered shall be those published on the Website WWW.BQHOTELES.COM indicated below each accommodation depending on the date selected. Prices are shown in euros.
Once the hotel accommodation service to be reserved and/or contracted has been selected, before the Buyer accepts the operation, the price will be clearly specified for each service selected and/or contracted and/or any applicable costs and any applicable promotions and/or discounts.
The Vendor reserves the right to modify the prices at any time. In the event of the sale and/or reservation price being modified, the products and/or services will be invoiced according to the price indicated during the contract and/or reservation registration process.
Any payments made to the Vendor will entail an invoice being issued in the name of the User and/or Customer.
For any information about the service contracted, The Vendor will provide a customer services desk that Users can ring at 971707755 or email at: email@example.com.
The offers on the Website and/or the services offered on the Website will be available until any modification relating to the offer and/or service is made, notice of which will be given one week in advance.
VII. RIGHT OF WITHDRAWAL AND CANCELLATION
The Contracting Party acquires the status of consumer and User, and in accordance with article 68 of Royal Decree 1/2007, is entitled to or has the right to withdraw within a period of 14 DAYS.
In accordance with article 71 of Royal Decree 1/2007, because this contract pertains to a service, the right of withdrawal period of 14 days will begin on the date on which this contract is entered into, which shall be deemed to have occurred from when these contractual conditions have been explicitly accepted.
To exercise the right of withdrawal, the Customer may use any of the following methods:
Exercising the right of withdrawal is completely free of charge and the Company and/or Organisation shall proceed to return the total amount paid. The Customer has a period of 14 calendar days from formalising the purchase in which to terminate the contract.
However, Specific Conditions for withdrawal and/or cancellation are in place depending on the type of reservation contracted.
Option: – BEST DAILY RATE
Option: – NON REFUNDABLE RATE
WITHDRAWAL FORM (You should only complete and send this form if you wish to withdraw from the contract).
FOR THE ATTENTION OF: BQ HOTELES, integrated by companies: Hotel Sarah, S.L., CIF: B57833865, Registro Mercantil de ILLES BALEARS T 2556, F 66, S 8, H PM72969, Sidehoteles, S.L., CIF: B57512642, Registro Mercantil de ILLES BALEARS T 2292, F 203, S 8, H PM 59373. Xema, S.A., CIF: 07101256, Registro Mercantil de ILLES BALEARS T 917, F 44, S 8, H PM 5430. Hotel Clumba, S.L., CIF: B57857518, Registro Mercantil de ILLES BALEARS T 2571, F 83, S 8, H PM 73857. Muro Club, S.L., CIF: B07303167, Registro Mercantil de ILLES BALEARS T 1808, F 32, S 8, H PM 9419, Email: firstname.lastname@example.org; Address; C/FRAY JUNÍPERO SERRA Nº 5 07014 PALMA DE MALLORCA, BALEARES.
– I hereby inform you that I withdraw from my reservation contract with reference no.
Pertaining to reservation no.:
with purchase date
Name of Buyer(s)
Address of Buyer(s)
If the shipping address is not that of the Buyer, the following information must be completed:
Name of recipient
Address of recipient
Signature of Customer(s)
VIII. FORMALISATION OF THE CONTRACT.
Contracts shall be deemed to have been formalised and will produce all the effects provided for by the legal system, when there is mutual consent and the other requirements for it to be valid are met. They shall be governed by the provisions set out in the Information Society Act, articles 23 and 24, in the Civil Code, in the Commercial Code and in other Spanish civil or mercantile regulations.
The contract between the parties will be presumed to have been formalised in the locality of the Company’s registered address and/or establishment.
The Company reserves the right to modify or replace these Contract Conditions upon completion of the contract as a consequence of the existence of new economic and/or commercial circumstances that would make it advisable to do so, as well as modify, alter and distribute laws, regulations and rules applicable to the provision of the service and/or related aspects.
The Company undertakes to make every effort to maintain an acceptable level of compliance with its contractual obligations.
The Company will not be held liable for any problems resulting from lack of access or problems inherent to connecting to the internet or to power networks when these are due to causes outside of its control or causes that could not have been foreseen by the parties, or as a result of which, despite being foreseeable, the Company has made every reasonable effort to prevent them, or were considered acts of god or of force majeure.
The Company will not be held liable for any errors that occur in the booking engine. In accordance with the above, the Company will not be held liable for any reservations made by the Customer for below-market prices that may have occurred due to an error on the Website of the Company that manages our reservations.
Acts of God and Force Majeure
Under no circumstances will the Company be held liable for any delay in fulfilling its obligations, or for not fulfilling its obligations, if this is due to acts of god or for reasons of force majeure, in accordance with the provisions established in article 1.105 of the Civil Code. The other party shall be informed of this circumstance as soon as is possible.
The Vendor reserves the right to make any modifications deemed appropriate to its Website WWW.BQHOTELES.COM without notice. Said modifications may entail simple changes such as removing or adding content and services provided through the Website, including the manner of presentation and the location on the Website.
XII. PROTECTION OF INTELLECTUAL PROPERTY
The Website WWW.BQHOTELES.COM is the property of BQ HOTELES. The trade name is duly registered under the name of SIDEHOTELES S.L. and BQ HOTELES. Additionally, the Website WWW.BQHOTELES.COM, including but not limited to its coding, editing, compilation, designs, logos, text and/or graphics, is the property of BQ HOTELES, and is protected by national and international regulations on intellectual and industrial property. Therefore, the rights owner explicitly prohibits partial or total use or reproduction (by any physical or electronic means) by third parties, unless an agreement is reached or authorisation given in writing in this regard.
Access to the Website by Users does not grant them any property rights over said Website BQ HOTELES a will take appropriate legal action against those who knowingly and without authorisation carry out any of the acts detailed herein.
XIII. APPLICABLE LAW AND JURISDICTION.
These General Conditions shall be governed and interpreted according to Spanish legislation for all matters not explicitly established. The parties submit to the jurisdiction of the courts of law of Palma de Mallorca for any matters that may arise or legal action taken as a result of the Website service provision, and of its services and content, and regarding the interpretation, application, observance or breach of the provisions established in these General Conditions.
XIV. SUSTINABLE TOURISM TAX ON THE BALERIC ISLANDS
The Balearic Parliament has introduced a new tourist tax applicable to stays in tourist accommodations located on the Balearic Islands. The tax will enter into force next 1st July 2016 (Law 2/2016 on the Taxation of Tourist Accommodation on the Balearic Islands).
The amount of this tax is 1.00 Euro per person per day/part of a day, plus 10% VAT from 1st July until 31st October.
During low season (between 1st November and 30th April of the following year) the tax will be discounted by 50%.
Children under the age of 16 are exempt from paying the tax.
In addition, after nine days of any stay, the rate will also be cut by 50%.
Therefore, any natural person (over the age of 16) staying in a tourist accommodation on the Balearic Islands is obliged to pay the before mentioned tax to the owner of the establishment where he/she is staying.
As a result of that and of our obligation to pay the tax to the tax authorities of the Balearic Islands, we hereby inform you that the payment of this tax is paid on arrival in cash.
The money collected from the tax will go to a fund promoting sustainable tourism. The money will be used to fund projects encouraging a sustainable, responsible and highquality tourism model, particularly projects that boost the preservation of the environment (nature, country life, agriculture and sea life), off-season tourism, historical sites and cultural heritage, research and development, education and employment. The projects will be selected by a Committee for Sustainable Tourism Promotion made up of representatives of the Balearic Government, Island Councils, City Councils, economic and social stakeholders and other organisations. The job of the Committee is to draw up an annual plan and set the key annual goals according to specific territorial balance criteria.
In case you have any questions regarding the new tourist tax on the Balearic Islands, you can contact the Balearic Tax Agency by calling at 901 201 530.
In accordance with the provisions of the General Data Protection Regulation GDPR EU 679/2016 and Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights, you are provided with the following information on how your personal data is processed: RESPONSIBLE / MANAGER: BQ Hotels and the companies that are part: Hotel Sarah, S.L., CIF: B57833865; Sidehoteles, S.L., CIF: B57512642; Xema, S.A., CIF: 07101256; Hotel Clumba, S.L., and CIF: B57857518; Muro Club, S.L., CIF: B07303167; INMOBILIARIA QUETGLAS, S.L. B07171358; Address: C/ Fray Junípero Serra Nº5, 07013, Palma de Mallorca, Baleares. Email address: email@example.com. Data Protection Officer: CONTACT: http:wwwprotecmir.com / Email: firstname.lastname@example.org. PURPOSE: At BQ Hotels we process the information you provide us in order to provide you accommodation in our hotel and/or the services of our establishments, in addition to managing the sending of information and commercial research and invoicing thereof. We will develop a commercial profile based on the information provided in order to be able to offer you our services in accordance with your interests. No automated decisions will be made based on this profile. The personal data provided will be retained for the duration of the commercial relationship and as long as no request has been received to delete the same by the interested party, for a duration of 5 years from the last time you contract and/or make any reservation. In any event, your personal data will be retained while they remain useful for the purpose indicated, and in any event for the legally established periods and for the time needed to address any possible liabilities resulting from said processing. LEGAL BASIS: Personal data processing is based on the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into the contract; we are also obliged to process your personal information to comply with a legal obligation that applies to the data controller. In any event, you have given your consent for your personal information to be processed 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 5 December on Data Protection and Guarantee of Digital Rights: (LOPDPGDD). Act 1/1992, modified by Organic Law 4/2015 of 30 March on the Protection of Public Safety, shall apply. Articles 20 and 21 of the Information Society Services Act 34/2002, for the use of telecommunications to send commercial offers, shall apply. While the prospective offer of services is based on the consent you are requested to provide, the withdrawal of this consent will not condition the contract for the purchase and/or provision of the service under any circumstances. The personal data must be provided, otherwise the hotel accommodation service and/or the requested offer cannot be provided. While the prospective offer of products and services is based on the consent you are requested to provide, the withdrawal of this consent will not condition the contract for the purchase of any product and/or service under any circumstances. RECIPIENTSNo personal data will be shared with any third party not connected to the company, unless it is a legal requirement to do so. However, you are informed that third-party providers may have access to your personal data, as data processors, within the framework of the provision of a service for the Data Controller company. You can request information regarding the Data Processors by emailing email@example.com. You are informed that Sidehoteles, S.L (tax code): B57512642 shall act in all circumstances as data processors in the terms set out in article 28 of the General Data Protection Regulation (GDPR) Regulation (EU) 2016/679. In addition to the above, the company may share or communicate personal data in order to meet its obligations with public administrations when required to do so by law. No data is expected to be transferred to third countries. No decisions will be made on the adequacy, guarantees, binding corporate standards or specific situations that apply.
RIGHTS: Interested parties have the right to obtain access to their personal information, as well as to request that any inaccurate data be rectified or, where appropriate, to request the removal of said data when, among other reasons, the information is no longer needed for the purposes for which it was obtained. In certain circumstances, interested parties may request that the processing of their data be limited, in which case we will only retain it for the purpose of filing or defending complaints. Additionally, and for purposes related to their particular situation, interested parties may oppose the processing of their data, in which case their personal information will no longer be processed for those purposes to which they have stated their opposition. When technically possible, the interested party may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, the parties concerned may write to BQ HOTELES at C/ Fray Junípero Serra Nº5, 07013, Palma de Mallorca, Baleares, enclosing a copy of a document accrediting their identity (national identity document), or email firstname.lastname@example.org. You have the right to file a complaint with the Regulatory Authority: The Spanish Agency for Data Protection (www.agpd.es). Origin of personal data: the data subject.