The purpose of these General Terms and Conditions is to regulate the contractual relationship between LEOMAR SAND BEACH SL (hereinafter “the company/entity”) and you (hereinafter “the customer/user”), relating to the purchase of hotel and/or tourist accommodation services through the website www.leomarhotels.com (hereinafter “the website”), a domain owned by LEOMAR SAND BEACH SL, a legally incorporated company, with registered office at CALLE TER, Nº 14, 2ºA 07009 PALMA DE MALLORCA, BALEARES, with Tax Identification Number B02691970 registered in the Companies Register of Illes Balears in Volume 2872, Folio 34, Sheet 89733, Section 8.

I.- PRE-CONTRACTING INFORMATION

If you are under 18 years of age, you may not purchase and/or book any of the hotel and/or tourist accommodation services on the www.leomarhotels.com website. To purchase any hotel and/or tourist accommodation services on the website, you must be 18 or over.

We recommend that you read these general terms and conditions prior to making a purchase, as their acceptance is a prior and essential step in the purchasing process. Prior to the start of the purchasing procedure, the company/entity makes these general terms and conditions available to you so that you may save and reproduce them.

We inform you that an electronic archive of these general terms and conditions of business will be produced and accessible to you at all times. All information provided during the purchasing process will be stored by the company and prior to procurement and during the purchasing process, you will be able to access, file and print these general terms and conditions for consultation purposes.

We inform you beforehand of the procedures that you must follow to accept these general terms and conditions. The procedures for engaging the hotel and/or tourist accommodation services offered are those described in these general terms and conditions, as well as the specific ones indicated on the website while browsing, so that you as the client/user declare that you know and accept these procedures as necessary for acquiring and/or engaging the hotel and/or tourist accommodation services offered on the website.

Our hotel and/or tourist accommodation services may be booked in the language of your choice of those available on the website. However, the language in which these general contract conditions are formalised is Spanish.

During the purchasing procedure, the company/entity provides you with the appropriate technical means to identify and correct errors. Any modification or correction of the data provided by you while browsing must be carried out in accordance with the indications provided on the website. This website displays windows for confirmation of the data provided, which may not allow you to continue with the purchase or contract if the data entered are not in the correct format. Before making a payment, you will be able to view the hotel and/or tourist accommodation services selected on the website and the details of your order so that, if necessary, you may change these details. If you detect an error after completing the payment process, you should contact customer service at: 971479024 or at the email address: info@leomarhotels.com.

By providing your personal data, you give your express consent to processing this personal data for the purpose of purchasing and/or engaging the hotel and/or tourist accommodation services on the website.

The online purchase and/or booking of the hotel and/or tourist accommodation services offered by the company/entity through this website is subject to the provisions of these General Contract Conditions.

The purchase and/or booking of any of the hotel and/or tourist accommodation services of the company/entity through the website requires the acceptance of each and every one of the general contract conditions and/or the specific conditions applicable to the hotel and/or tourist accommodation services purchased and/or booked.

These 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, which regulates 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 Defence of Consumers and Users and any complementary laws that may be applicable.

 If you have any queries, please contact us at the following email address:info@leomarhotels.com.

 II.-  DETAILS OF SELLER.

 This website is operated by:

LEOMAR SAND BEACH SL

 CIF/NIF (Corporate tax ID).B02691970

 Address: CALLE TER, Nº 14, 2ºA  07009 PALMA DE MALLORCA, BALEARES.

LEOMAR SAND BEACH SL sells the hotel and/or tourist accommodation services offered through the website www.leomarhotels.com.

The company/entity has its registered address and/or premises at CALLE TER, Nº 14, 2ºA 07009 PALMA DE MALLORCA, BALEARES.

LEOMAR SAND BEACH SL is the owner of the domain and the website www.leomarhotels.com.

 III.-  PURPOSE OF THE CONTRACT CONDITIONS.

The purpose of these contract conditions is to regulate the conditions of sale of the hotel and/or tourist accommodation services offered by the company/entity on this website. These conditions regulate the contractual relationship for purchasing arising between the company/entity and yourself at the moment you check the corresponding box during the online purchase and/or booking process.

The characteristics of the hotel and/or tourist accommodation services purchased and/or engaged are reflected on the website.

The purchasing on your part of any of the hotel and/or tourist accommodation services through the website www.leomarhotels.com entails the acceptance and subjection to these General Contract Conditions and to the particular conditions that may apply to the purchase and/or booking of each of the hotel and/or tourist accommodation services.

The prices applicable to the hotel and/or tourist accommodation services booked by you are those indicated on the website on the date of booking and/or purchase. VAT is included.

All the technical means and requirements needed to access the website and the hotel and/or tourist accommodation services hotel or tourist accommodation services offered therein shall be the sole responsibility of the user.

Once you have accessed the website, in order to proceed with the purchase of the different hotel and/or tourist accommodation services, you must follow all the indications and instructions on the website, completing for these purposes the required contract conditions and other forms established for each hotel and/or tourist accommodation service, which requires reading and accepting these General Contract Conditions, as well as, where applicable, particular conditions that may be applicable.

IV.-PURCHASING PROCEDURE.

Hotel and/or tourist accommodation services must be purchased through the specific selection of the services desired by means of the purchase selection instruments found on the website. Once the purchase request has been selected and verified, you must expressly accept the contract conditions as shown on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you read these General Terms and Conditions carefully, and print them on paper or save the document in electronic format.

In order to purchase any of the hotel and/or tourist accommodation services on the website, you are required to register your personal and/or professional details. In some cases, you will have to set up a username and password that will allow you to access areas that require prior identification. When you register your personal data on our website, or when you book one of our hotel and/or tourist accommodation services, your personal and/or professional data are incorporated into our database, and will be used exclusively to process the sale of the service during the selected period and to send you information about hotel and/or tourist accommodation services offers similar to those you have purchased that may be of interest to you. At any time, you may modify your customer registration details (address, contact telephone number, email address, etc.).

Purchase/booking procedure:

1. To begin booking a service through the website, the customer must follow the instructions provided and select the accommodation, dates and any other services they wish to book.

Before confirming the booking, the customer will be able to view and review the main characteristics of the selected accommodation, the dates of stay, the total booking price, the taxes included and, where applicable, any additional charges or services.

No bank or card details will be requested during the booking process and no charge will be made.

Once the required information has been entered and reviewed, the customer must expressly accept these General Terms and Conditions and confirm the booking. The company will send a booking confirmation to the email address provided by the customer.

As a general rule, approximately seven days before the scheduled arrival date, the company will send the customer, by email or by another contact method provided during the booking process, a secure payment link to pay the amount required to guarantee the booking.

The message will state the outstanding amount, the deadline for making payment and the instructions required to complete it. The customer may also request, before that time, that a payment link be sent so that they may pay part or all of the booking amount in advance.

Payment must be made within the period stated in the communication sent by the company. If payment is not completed within that period, the company may cancel the booking after notifying the customer, in accordance with the cancellation conditions accepted at the time of booking.

Before making payment, the customer will be able to check the amount corresponding to the booking and the items included. Payment will be made through a secure payment gateway managed by the relevant payment service provider.

2. To book the service, the customer must complete the form with the requested personal and contact details. Mandatory fields will be marked with an asterisk.

Once the form has been completed, the customer must accept these General Terms and Conditions and the Privacy Policy by selecting the corresponding boxes.

No bank or card details will be requested during this procedure and no charge will be made.

3. The accepted payment methods will be those indicated in the secure payment link sent to the customer. Payment may be made using the methods enabled at any given time by the payment gateway used by the company.
4. Payment will be made through a secure payment gateway managed by an authorised external provider. The company will not have access to the full card number or its security details.

The transaction may be subject to the authentication procedures required by the card issuer, including secure electronic commerce systems and strong customer authentication.

If payment is declined, is not completed within the established period or cannot be correctly verified, the company may cancel the booking in accordance with these Terms and Conditions.

5. Finally, you must confirm the booking and/or purchase of the selected hotel and/or tourist accommodation services.

 

 V.- SERVICE ENGAGED.

The hotel and/or tourist accommodation service/service is offered on the website with as accurate a description of its characteristics as possible.

 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 of the hotel and/or tourist accommodation services are shown in euros.

Before you accept the booking and/or purchase transaction, the prices of each of the hotel and/or tourist accommodation services selected and/or booked will be clearly specified, as well as the expenses that will be applicable to the operation and the promotions or discounts that may be applicable.

The company/entity reserves the right to modify its prices at any time. In case of modification of the sale price, the hotel and/or tourist accommodation services will be invoiced according to the price effective during the registration of the booking and/or purchase.

 For any payment made to the company/entity you will receive an invoice in your name.

For any information about the hotel and/or tourist accommodation service purchased, you should send an email to the email address info@leomarhotels.com, indicating your customer/user details in the message subject line.

VII.- OFFERS.

 

The offers are duly indicated. The hotel and/or tourist accommodation services offered on the website will be available until any modification to it is made, which will be notified one week in advance.

VIII.- RIGHT OF WITHDRAWAL.

The user’s/consumer’s right of withdrawal, provided for in Article 68 of Royal Legislative Decree 1/2007 of 16 November, does not apply to this booking because it concerns a hotel accommodation service and is therefore subject to the exceptions to the right of withdrawal set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November.

Cancellation conditions: If a booking is cancelled, LEOMAR SAND BEACH SL will not charge any cancellation fee, provided that the booking is cancelled at least five days before the date of arrival at the hotel.

If the booking is cancelled after the established deadline or on the date of arrival, the cancellation charge will be equal to the full booking amount.

In the event of a no-show, the full stay will be charged.

Holiday rental properties: During the booking process, payment of at least 70% of the total amount will be required as a deposit, and the remaining 30% must be paid 30 days before the arrival date.

If the remaining 30% is not paid before the 30-day period prior to the arrival date, the accommodation provider may cancel the booking.

If the booking is cancelled less than five days before arrival, the cancellation charge will be equal to the full booking amount, with no entitlement to a refund.

In the event of a no-show, the full booking amount will also be charged.

The company will send the customer a secure payment link before arrival, stating the amount payable and the payment deadline. If payment is not made within the communicated period, the company may cancel the booking and notify the customer by email or by another contact method provided during the booking process.

IX. CONCLUSION OF THE CONTRACT

Contracts shall be deemed concluded and shall produce all the effects provided for by law when consent and all other requirements necessary for their validity are present.

They shall be governed by the provisions of Articles 23 and 24 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the Civil Code, the Commercial Code and any other applicable civil or commercial legislation.

If you are a consumer, this contract shall be deemed to have been concluded at the place of your habitual residence.

If you are acting as a professional or business operator, this contract shall be deemed to have been concluded in the locality of the company/entity’s registered office and/or establishment.

X. AMENDMENTS

The company/entity reserves the right to amend or replace these Terms and Conditions if new economic, commercial or regulatory circumstances and/or extraordinary circumstances arise that affect the sale of the product and/or provision of the service and/or related matters and justify an amendment to these Terms and Conditions.

Any unilateral amendments made to these Terms and Conditions for justified reasons shall under no circumstances affect the booking conditions of products, services or promotions booked before the amendment.

XI. LIABILITY

The company/entity shall not be liable for problems arising from a lack of access or from issues inherent to internet connectivity or electricity networks where such problems originate from causes beyond its control, from causes that could not have been foreseen by the parties or where, although foreseeable, the company/entity made every reasonable effort to prevent them, or where they are regarded as unforeseen events or force majeure.

Under no circumstances shall the company/entity be liable for delays in the performance of its obligations or failure to perform them where such non-performance is caused by force majeure, in accordance with Article 1,105 of the Civil Code.

The other party shall be notified of such circumstances as soon as possible. The agreed delivery periods shall be extended by at least the length of time for which the force majeure event continued.

If the force majeure event continues for more than three months, either party may terminate these Terms and Conditions.

XII. INTELLECTUAL PROPERTY PROTECTION

LEOMAR SAND BEACH SL owns the domain and website www.leomarhotels.com. The trademark is duly registered in the name of LEOMAR SAND BEACH SL.

Likewise, the website www.leomarhotels.com, including but not limited to its programming, editing, compilation, designs, logos, text and/or graphics, is the property of LEOMAR SAND BEACH SL and is protected by national and international intellectual and industrial property legislation.

The rights holder therefore expressly prohibits any third party from using or reproducing the website, in whole or in part, by any physical or electronic means, unless a written agreement or authorisation has been granted for that purpose.

Access to the website does not grant the user any ownership rights over it. LEOMAR SAND BEACH SL will take the legal action provided for by law against any person who knowingly and without authorisation carries out any of the acts described above.

XIII. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly provided for herein.

The parties submit to the jurisdiction of the competent Courts and Tribunals in relation to any disputes or legal action arising from the provision of the website’s services and its services and content, and concerning the interpretation, application, performance or non-performance of these General Terms and Conditions.

Where the user is a consumer, the competent Courts and Tribunals shall be those determined under the applicable consumer legislation.

We also remind you that you may access the European Union’s online dispute resolution platform through the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

XIV. PERSONAL DATA

In accordance with the provisions of the EU General Data Protection Regulation 679/2016 and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, the following information is provided regarding the processing of your personal data:

DATA CONTROLLER:

LEOMAR SAND BEACH SL

Tax Identification Number: B02691970

Postal address: CALLE TER, No. 14, 2ºA, 07009 PALMA DE MALLORCA

Telephone: 971479024

Email: info@leomarhotels.com

DATA PROTECTION OFFICER:

Contact: http://www.protecmir.com

Email: protecmirlegal@protecmir.com

PURPOSE:

At LEOMAR SAND BEACH SL, we process your personal data in order to provide hotel accommodation services at our establishment, manage the sending of information and marketing communications, and invoice the booked services.

In order to offer you services suited to your interests, we will create a commercial profile based on the information provided. No automated decisions will be made on the basis of this profile.

The personal data provided will be retained for as long as the commercial relationship remains in force and its deletion has not been requested, and for a period of five years after the most recent booking and/or reservation.

In any event, your personal data will be retained for as long as it remains useful for the stated purpose and, in all cases, for the legally established periods and for the time required to address any potential liability arising from its 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 on taking pre-contractual measures at the data subject’s request.

We must also process your data in order to comply with a legal obligation applicable to the data controller.

In any event, you have given your consent to the processing of your personal data for one or more specific purposes, in accordance with the EU General Data Protection Regulation 679/2016, Articles 6.1(a), (b) and (c), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights.

Law 1/1992, as amended by Organic Law 4/2015 of 30 March on the Protection of Public Safety, also applies.

Articles 20 and 21 of Law 34/2002 on Information Society Services also apply to the sending of commercial offers by telecommunications.

Prospective service offers are based on the consent requested from you. The withdrawal of this consent shall under no circumstances affect the contract for the purchase and/or provision of the service.

You are required to provide your personal data. If you do not do so, the hotel accommodation service and/or requested offer cannot be provided.

Prospective offers of products and services are based on the consent requested from you. The withdrawal of this consent shall under no circumstances affect the contract for the purchase of a product and/or provision of a service.

RECIPIENTS:

The data will not be disclosed to any third party outside the entity unless required by law.

However, please be informed that third-party suppliers may have access to your personal data in their capacity as data processors within the framework of providing services to the data controller.

In addition, your data may be disclosed to the State Security Forces and Agencies.

No transfers of data to third countries are anticipated.

RIGHTS:

Data subjects have the right to obtain access to their personal data and to request the rectification of inaccurate data or, where applicable, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

Under certain circumstances, data subjects may request that the processing of their data be restricted. In such cases, we will retain the data solely for the establishment, exercise or defence of legal claims.

Furthermore, for reasons relating to their particular situation, data subjects may object to the processing of their data. In such cases, their personal information will no longer be processed for the purposes to which they have objected.

Where technically feasible, the data subject may request the transfer of their data to another data controller.

To exercise these rights in accordance with current legislation, data subjects may write by post, enclosing a copy of an identity document, to:

LEOMAR SAND BEACH SL
CALLE TER, No. 14, 2ºA
07009 PALMA DE MALLORCA

They may also send an email to info@leomarhotels.com.

You have the right to lodge a complaint with the supervisory authority:

Spanish Data Protection Agency
www.agpd.es

Source of the personal data: the data subject.