LEGAL NOTICE FROM PONS & OSTROWSKI, S.L.U.
PONS & OSTROWSKI, S.L.U is a Spanish company with registered office at Calle Teodor Canet 12, local 2; 07400 Pto. Alcudia (Balearic Islands, Spain) and email address firstname.lastname@example.org, and tax code B57846628, registered in the Companies Registry of Palma de Mallorca under the volume 2566, sheet 23, with page PM-73545. PONS & OSTROWSKI, S.L.U performs the activity of central of reservations under the 8/2012 Act of 19th July of Tourism of the Balearic Islands and its development legislation; it is apt to perform this activity in accordance to the presentation of responsible declaration of beginning of activity, currently pending to be assigned a registry number.
PONS & OSTROWSKI, S.L.U. hereby states that access and use of its website www.5starshome.com and all the sub-domains and directories included therein (hereinafter, referred to jointly as the Website), as well as the services or products which can be obtained through it, are subject to the terms set out in this Legal Notice, notwithstanding that access to some of these products or services may require acceptance of additional Terms and Conditions.
Accordingly, if you do not accept the terms set out in this Legal Notice, we ask you not to use the Website, as any use that you do make of the Website or the services included therein implies acceptance of the legal terms set out in this text.
The purpose of the Website is to promote the activities carried out and the services provided by PONS & OSTROWSKI, S.L.U., so the information contained therein exists for promotional purposes or, where applicable, constitutes a mere invitation to enter into an agreement, and it doesn’t constitute a binding offer; there will only be a binding contract exclusively after the reservation process described below has been started and once the reservation has been confirmed in accordance to it. All activities and services contained in the Website are marketed or provided by PONS & OSTROWSKI, S.L.U. in compliance with regulations currently in force.
PONS & OSTROWSKI, S.L.U. reserves the right to make changes to the Website without prior warning, in order to update, correct, modify, add to or remove content from the Website or its design. The content of the Website is updated on a regular basis. Due to the fact that information is not immediate, we suggest that you verify the validity and accuracy of the information contained on the Website.
The terms and conditions set out in this Notice may vary, and we therefore invite you review these terms when you revisit the Website or request a new service. This Legal Notice does not affect any other Terms and Conditions regulating access to specific services contained within the Website.
a.- Steps to be performed in order to conclude a contract.
1-. The user selects one of the properties offered through the Website by means of the search engines comprised in it.
2-. The user determines the variables of check in date, chect out date, number of adults and number of children.
3-. Once confirmed the availabilyt by the Website for the requested dates, it will show the Price applicable and the button BOOK in order to proceed with the reservation process.
4.- The booking page of each property will be displayed with the detail of the services included and the price applicable in its case, along with the tourist tax, and the total price, where the user may choose optional services, and will (i) insert his/her personal and contact details, (ii) choose a mean of payment, -bank card, bank transfer or pay pal, (iii) confirm that has read and accepts the terms & conditions, and finally (iv) confirm the booking and all its features clicking the BOOK button. The page will show the global price and taxes applicable as well as the amount to pay at the time of reservation and those to pay at the time of check in.
5.- Thereafter a page with a confirmation of delivery of the booking application will be shown, and the payment order of the amount to pay at reservation.
6-. Once PONS & OSTROWSKI, S.L.U. has received the amount corresponding at reservation, an email will be sent to the address expressed by the user confirming the reservation with the reservation number, the amount paid in advance, and the other features of the reservation. The reservation wil keep in force subject to the valid formalization of the electronic contract.
7-. Thereafter the user will receive via email an electronic contract between the user and the owner of the property with all the details regarding the stay and the outstanding payments, along with the terms and conditions, which the user will be bound to complete and answer back via email as definitive confirmation of the stay.
8-. Thereafter the user will perform the following payment applicable, in accordance to the conditions foreseen in the reservation.
9.- An email will be sent to the user comprehending the information regarding the property, access and arrival, as well as a document corresponding to the check in which the user will need to take with him at the moment of check in, along with his ID, and duly signed.
b.- Recording and accesibility of the electronic document in which the contract is formalized.
The Website will keep a digital copy of both the booking application mentioned in step 4.- above as well as of the contract mentioned in step 7.- the user will receive a justification of the booking application as described in step 6-. above and will keep by himself copy of the e-mail which confirms the electronic contract mentioned in step 7.- above.
c.- Technical means abvailable to the user for identifying and rectifying mistakes in the insertion of data.
The Website allows, in the booking page mentioned in 4.- above, to rectify in case there is any essential data necessary for the electronic contracting. In addition, by means of the e-mail mentioned in step 6.- above, the user will be offered the possibility to correct any mistake, prior to the delivery of the contract for confirmation and signature.
d-. The website and particularly the contracting process, is offered in the following languages: Spanish, English, German and French.
LINKS OR HYPERLINKS
PONS & OSTROWSKI, S.L.U. may provide access to other websites that we feel may be of interest to you. The purpose of any such links is solely to help you search for online resources that may be of interest to you. However, said websites do not belong to the above entity, which does not review and cannot be held liable as to their content, the functionality of any linked websites or any damages that may be caused resulting from their access or use.
No links from any website or email address to the Website is permitted without express written authorisation from PONS & OSTROWSKI, S.L.U. Furthermore, any such links must comply with the following conditions: (a) links may only be made to the Home Page or main page of this Website; (b) establishing a link does not imply any kind of agreement, contract, sponsorship or recommendation by PONS & OSTROWSKI, S.L.U. of the website making the link.
At any time, PONS & OSTROWSKI, S.L.U. may remove the authorisation mentioned in the previous paragraph without any requirement to provide a stated cause of any kind. In such cases, the page that has made the link must proceed immediately to remove the link as soon as notice is received from PONS & OSTROWSKI, S.L.U. revoking any such authorisation.
PONS & OSTROWSKI, S.L.U. expressly prohibits the creation of “framings” or the use by third parties of any other mechanisms that may alter the design, original configuration or contents of its Website, unless expressly agreed by written.
The Website will contain advertising inserted by PONS & OSTROWSKI, S.L.U. or by third parties that we feel may be of interest to you.
PONS & OSTROWSKI, S.L.U. has on its Website all the technical means available to prevent the loss, misuse, alteration, unauthorised access and theft of any details and information that you provide to PONS & OSTROWSKI, S.L.U. through the Website, the fact notwithstanding that internet security measures are not impregnable.
RESPONSIBILITIES OF THE USER
The User undertakes to use the services of the Website in accordance with the terms set out in this Legal Notice, and the mere use of these services implies acceptance of this notice.
Any User that acts against the image, good name or reputation of PONS & OSTROWSKI, S.L.U., and any persons making illicit or fraudulent use of the designs, logos or contents of the Website will be held liable by PONS & OSTROWSKI, S.L.U. for their actions.
RESPONSIBILITIES OF PONS & OSTROWSKI, S.L.U.
Incorrect use of the Website: PONS & OSTROWSKI, S.L.U. has created the Website to provide access to its services, but cannot control any use made of the Website other than in the manner provided for in this Legal Notice; therefore, access to the Website and the correct use of the information contained therein are the responsibility of the persons carrying out any such actions, and PONS & OSTROWSKI, S.L.U. will not be held liable for any improper, illicit or negligent use thereof made by the User.
Use of the contents: PONS & OSTROWSKI, S.L.U. provides all the content of its Website in good faith and will make every effort so that it is always up to date and relevant; however, PONS & OSTROWSKI, S.L.U. cannot be held liable in any way with regard to the use or access by Users beyond the scope for which the Website is designed, or of any consequences that may result from the practical application of opinions, recommendations or studies that can be accessed through the Website, the ultimate responsibility for which will always lie with the User. Furthermore, PONS & OSTROWSKI, S.L.U. will be unable to control any content that has not been produced by it or by third parties in the provision of any assignment entrusted to them, and will not therefore be held liable for any damages that may be caused by any such third-party content.
Advertising: PONS & OSTROWSKI, S.L.U. will include on the Website its own advertising or that of third parties in order to offer you products or services that may be of interest to you. However, PONS & OSTROWSKI, S.L.U. cannot control the appearance of said advertising or the quality and suitability of said products and services, and consequently PONS & OSTROWSKI, S.L.U. will not be held liable for any damages that may arise to the user for said reasons.
Viruses: PONS & OSTROWSKI, S.L.U. undertakes to apply all necessary measures in its attempts to guarantee the User that viruses, worms, Trojan horses and other similar elements are not present on its Website. However, these measures are not infallible, and consequently PONS & OSTROWSKI, S.L.U. cannot guarantee that any such harmful elements are not present. Consequently, PONS & OSTROWSKI, S.L.U. will not be held liable for any damages that may occur to the User as a result.
Technological failures: PONS & OSTROWSKI, S.L.U. has concluded all necessary contracts for the continuity of the Website and will make every effort so that it does not suffer from interruptions, but cannot guarantee the absence of technological failures or the permanent availability of the Website and the products or services contained therein, and in consequence, accepts no liability of any kind for any damages and losses that may be caused by the lack of availability and by any access failures caused by any disconnections, breakdowns, overloads or network outages not attributable to PONS & OSTROWSKI, S.L.U.
Claim sheets: PONS & OSTROWSKI, S.L.U. makes available to the customers and user at its offices the claim sheets mandatory under the applicable law; in addition, the download link of such documents is made available as follows (only in Spanish): http://www.caib.es/govern/rest/arxiu/1118935
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Both the design of the Website and its source code, as well as the logos, trademarks and other distinctive signs that appear therein belong to PONS & OSTROWSKI, S.L.U. or its collaborators, and are protected by the appropriate intellectual and industrial property rights.
Their use, reproduction, distribution, public communication, transformation or any other similar or related activity is strictly prohibited unless express written authorisation is given by PONS & OSTROWSKI, S.L.U.
The contents of the Website (text, images, sound, animations, software and others) are also protected by the intellectual property rights of PONS & OSTROWSKI, S.L.U. or other third parties. Use of the content created by PONS & OSTROWSKI, S.L.U. or by any of the entities in its Group will be permitted solely in the context of a contractual relationship with the company or with said entities.
PONS & OSTROWSKI, S.L.U. hereby states that it respects the intellectual and industrial property rights of third parties; consequently, if you believe that this website may be violating your rights, please contact PONS & OSTROWSKI, S.L.U. at the following email address email@example.com.
PLUG-INS FROM SOCIAL NETWORKS
APPLICABLE LAW AND JURISDICTION
In the event of any dispute or conflict of interpretation of the terms used in this Legal Notice, and for any matter relating to the products or services of this Website, Spanish law will prevail, unless user protection rules establish the applicability of a different legislation.
To resolve any conflict that may arise as a result of visiting the Website or the use and acquisition of any services offered therein, PONS & OSTROWSKI, S.L.U. and the User agree to submit to Spanish law and the Courts and Tribunals of Palma de Mallorca, expressly renouncing any other jurisdiction that may correspond to them, without prejudice to other venue that might be mandatorily applicable in accordance to the legislation regarding consumer protection.
PONS & OSTROWSKI, S.L.U. (hereinafter, the Company), with registered office at Calle Teodor Canet 12, local 2; 07400 Pto. Alcudia (Balearic Islands) and email address firstname.lastname@example.org, and tax code B57846628, respects and is compliant with the provisions set out in Organic Law 15/1999 of 13 December on the Protection of Personal Data. Accordingly, you are hereby informed of its data protection policy so that you are free to decide if you wish to provide the Company with your personal details.
The Company hereby informs you that your personal data entered via the website www.5starshome.com (hereinafter, the Website), and any details provided in the future as part of your relationship with this organisation, will be held in files owned by the Company, which will also be the recipient of said data. The purpose of these files is to manage, administer and provide the services or products that you request or contract through the Company Website, facilitate compliance and execution of the services that you request, gain a better understanding of your tastes and opinions with regard to the Company’s services and adapt them to your preferences, as well as to be able to offer new services and send you commercial information on Company innovations and promotions.
Except for fields where it is expressly stated otherwise, the answers to questions on personal details are voluntary, and failing to answer said questions does not imply a lower quality provision of the services that you request. If you fail to complete any fields marked as mandatory, or if the information that you provide is incorrect, it will not be possible for the Company to provide you with the services that you request.
Furthermore, in the pursuit of full transparency in its relationship with the user, you are hereby informed by the Company of the use on this Website of other computerised mechanisms relating to your personal information, such as cookies and logs. To that end, we request that you access our Cookies Policy.
Cookies are a message sent by the server to the user’s computer that consist of text files that are stored in the computer memory and which gather information relating to the pages that are visited, the length of time of the internet connection, etc. Cookies are sent back to the server each time the user enters that page.
The purpose of the Company using cookies is to personalise the services that we offer by providing you with information that you may find of interest. If you do not wish the cookies to be installed on your hard drive, you can alter the settings in your browser to stop receiving them. However, you are informed that if you do so, the functionality of the Website may be adversely affected.
Cookies are only associated with an anonymous user and his/her computer, and do not by themselves provide any personal customer details, nor can they read any data on your hard drive or read any cookie files created by other providers.
Logs are files that are stored on the Company server and which record data about your browsing, with the main aim of gathering information on the operations that you carry out. They also allow us to continue to provide the services that you request, understand your preferences and offer you other services that might suit your preferences. Similarly, they help us to analyse how the system is operating, locate any incidents and problems that arise and solve them as quickly as possible.
The Company protects your personal details as required by Royal Decree 1720/2007, and has established all the technical means reasonably possible to prevent the loss, misuse, alteration, unauthorised access and theft of any data that you provide to the Company, the fact notwithstanding that internet security measures are not impregnable.
INFORMATION ABOUT PLUG-INS
The PONS & OSTROWSKI, S.L.U. Website uses plug-ins from the social network website facebook.com, operated by Facebook Inc., 1602 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). These plug-ins are marked with the Facebook logo. If the customer accesses the page www.5starshome.com that contains said plug-in, the customer’s browser will establish a direct connection with the Facebook servers. Facebook transfers the contents of the plug-in directly to the customer’s browser when integrated on the Website. The integration of the plug-in informs Facebook of the information that the customer has accessed on each page of the PONS & OSTROWSKI, S.L.U. Website. If the customer accesses Facebook, Facebook may assign the visit to the customer’s Facebook account. If the customer interacts with the plug-ins, for example by using the “Like” button or by leaving a comment, the browser transmits the corresponding information directly to Facebook, where it is stored. The purpose and extent of the data gathering and the additional processing and use of data by Facebook, and the related rights and available settings for customers to protect their privacy, can be found in the Facebook privacy policies. Any customer who does not wish Facebook to gather data in this way must log out of their Facebook account before accessing the PONS & OSTROWSKI, S.L.U. Website.
Our websites use Google +1 functions, a service provided by Google Inc., with registered office at 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
Collection and dissemination of information: By using the Google +1 button, you can publish information all over the world. With the Google +1 button, you and other users will receive personalised content from Google and our partners. Google stores not only the information you have indicated as +1 content, but also information about the website that you were browsing when you clicked on +1. Your +1s can be shown as notes next your profile name and photograph on Google services, such as search results, on your Google profile and on other websites and internet advertisements.
Google records information relating to your +1 activities in order to improve Google services both for you and for others. To use the Google +1 button, you must have a public and globally visible Google profile, which must contain at least the chosen name for the profile. This name will be used for all Google services. In some cases, this name may also replace another name that you have used to share content through your Google account. The identity of your Google profile may be shown to other users who know your email address or have other information that identifies you.
Use of data gathered: As well as the purposes described above, the data that you provide will be used in accordance with the provisions established by Google with regard to matters of data protection. Google may publish statistics as aggregate data relating to users’ +1 activities or forward these statistics to users and partners such as editors, advertisers and associate websites.