General Contracting Terms and Conditions

This contractual document will govern the contracting of accommodation bookings through the website www.sargamassa-palace.com, owned by ILLA PLANA REAL ESTATE, S.L. under the trademark, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

Has read and understood the above.
Is a person with sufficient capacity to enter into contract.
Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions contracted prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation booking service contracted by the USER is ILLA PLANA REAL ESTATE, S.L., with registered office at Avenida S’Argamassa, Nº82, 07840 Santa Eulalia del Río (Illes Balears), tax identification number B-07748007 and customer/USER service telephone number 0034 971 330271.

And on the other hand, by the USER, registered on the website by means of a name and surname, for which they have full responsibility of use and guard, and is responsible for the truthfulness of the personal data given to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER, at which time the USER accepts the rental of temporary accommodation during the online contracting process.

The contractual relationship of booking accommodation involves the rental of the chosen room / apartment, for a limited time, in exchange for a determined price that is publicly displayed through the website. Extra services must be added at the time of booking.

Contracting procedure

The USER, in order to access the services offered by the PROVIDER, must be an adult and make the booking through the website by using the reservation’s form. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy found on this website.

The USER selects a name and surname, committing to use them diligently and to not make them available to third parties, as well as to communicate to their loss or theft or possible access by an unauthorized third party, so that the PROVIDER can proceed to immediately block them.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

1. General contracting clauses.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Online claims and dispute resolution.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing a reservation with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER shall inform the USER in advance of the procedure to be followed when booking.

The automatic availability and price calculation system allows the USER to choose the accommodation they are interested in and immediately pay 100% of the total price or the price for the first night online or, alternatively, they can make a bank transfer within a maximum period of 48 hours.

The PROVIDER will not book the accommodation until it has been verified that payment has been made. Once payment is verified, the PROVIDER will contact you by e-mail to confirm your reservation. This term is understood as long as availability has been confirmed.

Deposits

No deposit is required for the reservation of the accommodation, ‘deposit’ being understood as a guarantee for the payment of damages.

Failure to carry out the remote contract

If the contract cannot be executed because the accommodation is not available within the requested days, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

The PROVIDER will not accept any liability if the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

3. CANCELLATIONS (The Right of withdrawal)

The USER has the same rights and deadlines to proceed with the cancellation and/or claim for possible defects or flaws in the reservation, both online and offline.

Any cancellation must be communicated to the PROVIDER, via the booking portal or by email to reservas@sargamassa-palace.com, indicating the corresponding booking number. In the event of a refund, the USER may be penalised for the concepts indicated below:

- In case of Standard Rate: If the booking is cancelled within 3 days prior to the arrival date, the PROVIDER will refund 100% of the amount paid at the time of booking. If the booking is cancelled after 3 days prior to the date of arrival, the cost of the first night will not be refunded.

- In case of Non-Refundable Rate: The total amount of the reservation (100%) will not be refunded regardless of when the cancellation is made.

The USER also has a cancellation form to cancel the services. This can be requested in writing to the following address: direccion@sargamassa-palace.com

4. CLAIMS

ILLA PLANA REAL ESTATE, S.L. informs that it has Complaint Sheets available to users or consumers who request them, they can access them by requesting them to any of the contact details indicated below; even if it is not through a Complaint Sheet, any claim that the user or consumer considers appropriate to make, will be dealt with as soon as possible, in any of the following contact details of ILLA PLANA REAL ESTATE, S.L.:

Avenida S’Argamassa, Nº82, 07840 Santa Eulalia del Río (Illes Balears), SPAIN
Telephone number: 0034 971 330271
Email: direccion@sargamassa-palace.com

If during the rental period there should be any breakdown in the installations or electrical appliances, the USER shall immediately notify the PROVIDER in order to solve these incidents as soon as possible.

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. In case of unavailability of accommodations, the PROVIDER will reimburse the total amount paid.

5. FORCE MAJEURE

The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

The details of each reservation, such as accommodation and meals, are informed to the USER in their respective description on the website.

All sales and deliveries made by are subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and product improvements, reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.

Check-in and check-out

Check-in: Keys can be collected from our reception in Avenida S’Argamassa, Nº82, 07840 Santa Eulalia del Río (Illes Balears) from 14:00h (2pm).

The accommodation will not be available before 14:00h (2pm).
In case of early arrival, you can call and leave your luggage at the reception.
For arrivals later than 00:00h, please inform the reception in writing by email to reservas@sargamassa-palace.com or by telephone on +34 971330271.

Upon arrival at the hotel, and in accordance with current legislation, the USER must provide the booking confirmation and the IDs of all the occupants will be checked.

The USER will then sign the accommodation conditions and pay the remaining amount of the booking and the Tourist Tax of €3.30 per day of stay and person over 16 years of age, with a 50% reduction from the ninth night onwards (Spanish Law 5/2012 of 20/3/12. Official Journal of the Government of Catalonia (D.O.G.C.) no. 6094 of 23/03/12). You can pay by credit card or cash.

The accommodation is delivered clean. Bath towels and bed linen, as well as regular changes of clean towels and bed linen, are included in the price of the booking.

Check-out: The check-out time of the accommodation is until 12:00h. Keys must be handed in at reception and any extras consumed during the stay must be paid before leaving the hotel.

For departures before 8:00h you must notify reception the day before.

Extra services

If the USER is interested in hiring an extra service, he/she can do so at the time of booking or during the stay:

Cots

For free on request.

Iron and iron board:

For free on request.

Pets are not allowed.

Customer Responsibilities

- The USER undertakes to respect the rules of the Community. No parties or excessive noise during rest hours, between 00:00 and 8:00. In no case is it permitted to occupy the accommodation with more people than the maximum capacity.

- Electricity and water use must be rational.

- Hanging towels and clothes on balcony railings is prohibited.

- Pool hours are from 08:00 to 22:00. It is forbidden to use inflatables in the pool.

- Children must always be accompanied by their parents and under their responsibility.

- The USER is responsible for the correct behavior of all his/her fellow guests, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any kind of compensation.

- Neither the PROVIDER, nor the owner shall be liable for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including but not limited to: damage, loss after fire, theft, crime, accidents or other types of damage.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes or any other additional services and attachments to the service purchased.

The prices applicable to each property are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the services may vary in real time. Prices may change daily as long as no booking is made.

Any payment made to involves the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be delivered to the USER at the end of the rental and the payment of the contracted services is made. In the event that the user wishes to receive it by e-mail, they must request it by any of the means that the PROVIDER makes available to them, informing them that they may revoke this decision at any time.

For any questions about the booking, the USER may contact the customer services by calling 0034 971 330271 or by emailing reservas@sargamassa-palace.com.

9. SHIPPING COSTS

There are no shipping costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:

Bank transfer
Safe-payment-link
Credit card
Cash, within the limits established by law

Security mesures

The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited by the card brands’ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

11. PURCHASE PROCESS

The website has a search system with different parameters to facilitate the choice of accommodation.

To formalize the booking, you must select the check-in and check-out dates, the number of people staying (adults and children) and the extra services chosen and continue to the next step. In this step, you must fill in the USER data and select the method of payment.

Once the booking has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming the completion of the booking pending payment.

Within a maximum of 24 hours, in calendar days, the USER must make the mandatory payment subject to the selected tariff. An email will be sent to the PROVIDER and the USER confirming the payment made.

If payment is not made within the aforementioned 24 hours, the booking will be automatically cancelled and both the PROVIDER and the USER will receive an automatic e-mail informing them of this. Once this has happened, if the USER wishes to formalize the booking, he/she will have to start the process again.

12. SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.

Whenever the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. GUARANTEES AND REFUNDS

The guarantee of the services offered will respond to the following articles based on the 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 other complementary laws:

Conformity of services with the contract

1. Unless there is proof to the contrary, products shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:

a) They conform to the description provided by .
b) They are suitable for the uses to which services of the same type are normally put.
c) They are suitable for any special use required by the USER, when this has been brought to the attention of at the time of conclusion of the contract, provided that the latter has admitted that the service is suitable for this use.
d) They present the usual quality and performance of a service of the same type that the customer may reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by .
e) describes the details, technical characteristics and photographs of the properties provided by the owners of the properties, so that it is not bound by these public declarations.

2. Non-conformity resulting from a service that was not performed or provided shall be treated as non-adherence to the contract, provided that the responsibility for the service lies with or is under its responsibility. On the other hand, when the service not performed or provided is due to negligence or malpractice on the part of the USER, it shall not be considered to be non-adherence on ’s behalf, who shall be deemed to have complied with the terms of the contract.

3. No liability shall be accepted for any non-conformity that the USER is aware of or was unable to overlook when entering into the contract, or which is caused by information provided by the USER.

Responsibility of the PROVIDER

The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation. Grants the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.

Repair and replacement of the housing service

1. If the accommodation service is not in compliance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies of the chosen option, both parties must abide by it. The USER’s decision is respected without prejudice in the following cases: the repair or replacement fails to bring the service into compliance with the contract.

2. Any form of remedy which imposes on costs which are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.

Repair and replacement shall comply with the following rules:

- They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.

- If, once the repair is completed and the property is delivered, it is still not in conformity with the contract, the USER may demand its replacement, a price reduction or the termination of the contract.

- If the replacement fails to bring the property into conformity with the contract, the USER may demand the repair of the property, a price reduction or termination of the contract.

Price reduction and contract termination

The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the product’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER.

The decision shall not apply when the non-conformity is of minor importance.

Price reduction criteria

The price reduction will be proportional to the difference between the value the service would have had at the time of delivery had it been in compliance with the contract and the value of the service actually delivered at the time of delivery.

Deadlines

Unless proven otherwise, delivery shall be deemed to have been made on the day shown on the reservation.

The USER must inform of any non-conformity the moment that they become aware of it or by the end of their stay, at the very latest.

Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law.