This document is made available to users in order to comply with the obligations set out 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 Personal Data Protection and guarantee of digital rights, as well as to inform all website users about the terms of use.
Anyone who accesses this website assumes the role of user, committing to the strict observation and compliance with the provisions set out here, as well as any other legal provision that may apply.
1.1. CESGARDEN S.L. (hereinafter referred to by its trade name, GARDEN HOTELS) is a commercial entity located in the municipality of Inca, on Menestrals Street, number 5, postal code 07300, with CIF B07887441, phone (0034) 971888400; Fax (0034) 902537727, and email address legal@grupogarden.com.
This entity is registered in the Mallorca Commercial Registry, on page 222 of volume 1,545 of Companies, sheet PM-28936.
1.2. The domain name, owned by GARDEN HOTELS, is www.gardenhotels.com.
2.1. These general conditions regulate access, navigation, and use of the website under the domain www.gardenhotels.com (hereinafter, website), as well as the responsibilities arising from the use of its contents, hereinafter referred to as “contents” such as 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 the access or mere use of the website by the User implies adherence to the general conditions that GARDEN HOTELS has published at the time the user accesses the website. Therefore, the user is advised to carefully read these general conditions. For these purposes, the User is defined as the person who accesses, browses, uses or participates in the services and activities, whether free or paid, developed on the website.
2.3. Apart from these general conditions, GARDEN HOTELS may establish specific conditions governing the use and/or hiring of specific services offered to Users through the website. Also, through the website, GARDEN HOTELS may allow 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 liable for them.
2.4. Before using and/or hiring such specific services provided by GARDEN HOTELS, the User must carefully read the corresponding specific conditions created for that purpose by GARDEN HOTELS. The use and/or hiring of such specific services imply the acceptance of the conditions that regulate them in the version published by GARDEN HOTELS at the time such use and/or hiring occurs.
3.1. GARDEN HOTELS owns or has the appropriate license for the exploitation rights of intellectual and industrial property of the website, as well as the rights of intellectual, industrial and image property over the contents available through it.
3.2. Under no circumstances should it be understood that the access and navigation of the User implies a waiver, transfer, license, or total or partial cession of such rights by GARDEN HOTELS.
Therefore, users are not granted any rights to 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 the prior and express authorization specifically granted for that purpose.
The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this website, as well as the website as a whole, as a multimedia artistic work, are protected as copyrights by legislation on intellectual property.
3.3. Likewise, it is not allowed to remove, evade or manipulate the copyright notice and any other data identifying the rights of GARDEN HOTELS or its holders included in the contents, as well as technical protection devices, fingerprints or any information and/or identification mechanisms that might be contained in the contents.
3.4. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make subsequent publications, upload files, send by mail, transmit, use, treat, or distribute in any way all or part of the contents included on the website for public or commercial purposes, without the express written authorization of GARDEN HOTELS or, if applicable, the holder of the corresponding rights.
4.1. Access to the website by users is free and open.
4.2. When it is necessary for the User to register or provide personal data to access any of the specific services of the website, the collection, processing and, where appropriate, the assignment or access of the personal data of the Users will be subject to the Confidentiality Policy set out on the website.
5.1. The contents included on the website are provided solely for end consumers or users. Any unauthorized commercial use of the same, or its resale, is prohibited, unless prior written authorization from GARDEN HOTELS is obtained.
5.2. If the user must register to use a service on the website, they will be responsible for providing truthful and lawful information. If as a result of registration, the user is provided with a password, they commit to its diligent use and keeping it confidential. The user is responsible for its proper custody and confidentiality, and they commit not to transfer its use to third parties, whether temporary or permanent, nor allow access to outsiders. The user is responsible for any illicit use of the services by any unauthorized third party using a password due to non-diligent use or its loss by the user.
5.3. In accordance with the above, the user must immediately notify the website managers about any event that allows misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access, in order to proceed with their immediate cancellation. Until such events are communicated, GARDEN HOTELS will be exempt from any responsibility that could arise from the misuse of identifiers or passwords by unauthorized third parties.
5.4. Access, browsing, and use of the website are the responsibility of the user, who commits to diligently and faithfully observe any additional instruction given by GARDEN HOTELS or its authorized personnel concerning the use of the website and its contents.
5.5. Therefore, the user commits to use the contents diligently, correctly, and lawfully and, in particular, commits never and under no circumstances to:
6.1. In the event that the user sends any type of information to the website, they declare, guarantee, and accept that they have the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third-party right, that such information is not confidential and that such information is not harmful to others.
6.2. The user acknowledges the responsibility and will indemnify GARDEN HOTELS for any communication they personally provide or on their behalf, reaching this responsibility without any restriction to its accuracy, legality, originality, and ownership.
6.3. Acceptance of these general conditions implies the exclusive assignment by the user of any intellectual or industrial property rights they might have over the communications made through the website or to GARDEN HOTELS.
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. As a result, GARDEN HOTELS does not guarantee nor is responsible for:
However, GARDEN HOTELS declares that it has adopted all necessary measures, within its possibilities 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.
8.1. In the event that the website contains links or hyperlinks to other Internet sites, GARDEN HOTELS will not exercise any control over such sites and contents. Under no circumstances will GARDEN HOTELS assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity, and constitutionality of any material or information contained in any such hyperlinks or other Internet sites.
8.2. Likewise, the inclusion of these external connections will not imply any type of association, fusion, or participation with the connected entities.
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:
8.4. GARDEN HOTELS does not guarantee the legality, reliability, and usefulness of services provided by third parties through this page or where GARDEN HOTELS only acts as an advertising medium.
8.5. GARDEN HOTELS will not be responsible for damages of any nature caused by services provided by third parties through this page, particularly, but not limited to, damages caused by:
9.1. GARDEN HOTELS may modify the terms and conditions stipulated here, wholly or partially, publishing any change in the same way these general conditions appear or through any type of communication addressed to Users.
9.2. The temporary validity of these general conditions coincides with the time of their display, until they are wholly or partially modified, at which time the modified general conditions will take effect.
9.3. Regardless of the provisions in particular conditions, GARDEN HOTELS may terminate, suspend, or interrupt access to the website content at any time without prior notice. After such termination, the usage prohibitions of the content outlined in these general conditions will still apply.
9.4. Similarly, GARDEN HOTELS reserves the right to modify any information that might appear on the website, including service prices and rates, without any obligation to notify users, considering its publication on the website sufficient. However, prices offered on the website at the time of the user's booking request will be honored.
Offers are only valid for the period set by GARDEN HOTELS in their advertising.
10.1. The headings of the various clauses are for information purposes only and will not affect, qualify, or extend the interpretation of the general conditions.
10.2. In case of discrepancy between these general conditions and the particular conditions of each specific service, the latter will prevail.
10.3. If any provision or provisions of these general conditions were found to be void or unenforceable, in whole or in part, by any court, tribunal, or competent administrative body, this invalidity or unenforceability will not affect the other provisions of these general conditions.
10.4. Non-exercising or executing by GARDEN HOTELS of any right or provision contained in these general conditions will not constitute a waiver thereof, unless recognized and agreed to in writing by them.
The relationships established between GARDEN HOTELS and the User will be governed by the provisions of the current regulations 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 might correspond to them, submit to the Courts and Tribunals that, by rotation or due to the subject matter, are competent for the judicial district of Inca (Illes Balears).
GARDEN HOTELS ensures compliance with EU Regulation 2016/679 as well as Organic Law 3/2018 on Personal Data Protection and 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 treatment, it is therefore 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:
Based on User's requests, the personal data provided through the website, and any other data that may be provided to Garden Hotels in the future through the Accommodation Agreement or any other enabled means, will be processed by Garden Hotels for the following purposes:
In cases where it is necessary to process User data 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 legitimized as necessary for the fulfillment of those purposes. On the other hand, the processing carried out for conducting 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 responsible party.
Individuals with whom a commercial relationship is intended or maintained as guests of Garden Hotels' hotel establishments.
Garden Hotels may process the following categories of data, depending on the User's request:
Except as required by a judicial or administrative authority, the only envisaged transfers are in the following cases:
The recipients indicated in the previous section may be located within or outside the European Economic Area, with international data transfers properly legitimized in the latter case.
Outside of the aforementioned scenario, no type of transfer to countries outside the European Union is foreseen.
Data will be retained for the period necessary to fulfill each purpose or until the communication of the intent to revoke the granted consent, through the exercise of cancellation rights as specified in the owner's authorization.
Garden Hotels will treat User data at all times in an absolutely confidential manner and maintaining the obligatory duty of secrecy concerning them, in accordance with the applicable regulations. The necessary technical and organizational measures will be adopted to ensure the security of the data and prevent their alteration, loss, processing, or unauthorized access, taking into account the state of technology, the nature of the stored data, and the risks to which they are exposed.
By law, the user has the rights of access, rectification, erasure, restriction of processing, portability, and objection, if applicable, regarding their personal data. These rights can be exercised in writing directed to the address indicated in the First Clause, concerning Identifying Data, of this document.
And in any case, if deemed appropriate, a complaint can be filed with the Spanish Data Protection Agency.