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Legal notice and Privacy policy

Last modification: april 2022

Legal notice

Conditions of use
The access to, navigation and use of the Website torralbenc.com (the ‘Website’) implies the express and unreserved acceptance of all the terms of these Conditions of Use, which have the same validity and effectiveness as any contract concluded in writing and signed.
The observance and fulfilment of these conditions will be required in relation to any person who accesses, navigates or uses the Website. If you do not agree with the terms set out, do not access, navigate or use any page on the Website.

1. Company details

Owner: Torralbenc Hotel, S.L. (from now on, “THE HOTEL”)
Registered address: Ctra. Maó – Cala’n Porter, Km 10, 07730 Alaior – Islas Baleares
Company tax ID: B-57797482

2. Purpose and scope

These Conditions of Use regulate the access to, navigation and use of the Website, without prejudice to THE HOTEL reserving the right to change the presentation, configuration and content of the Website, as well as the conditions required to access and/or use it. The access to and use of the content of the Website after its modifications or changes enter into force entail the acceptance of these modifications or changes.
Nevertheless, access to certain content and the use of certain services may be subject to certain particular conditions, which will be, in any case, clearly shown and must be accepted expressly by users. These particular conditions may replace, complete or, where appropriate, amend the present particular Conditions of Use.
THE HOTEL reserves the right to fully or partially amend the terms and conditions stipulated herein, publishing any change thereto in the same way as these Conditions of Use appear or through any kind of communication addressed to users.

3. Acces and registration

Registration is not required to access and browse the Website. However, to purchase certain services or book services, among others, it will be necessary to complete the web forms set up for this purpose. It is free to register on the Website.
Minors are forbidden from accessing the Website.
Under no circumstances will THE HOTEL assume any liability for the veracity of the registration data provided by end users, and therefore each end user is liable for the possible consequences, errors and mistakes that may subsequently arise from the lack of veracity of the data.

4. Intellectual and industial property rights

THE HOTEL owns or, where appropriate, has the relevant licenses regarding the intellectual and industrial property exploitation rights for the Website, as well as the intellectual and industrial property rights regarding the information, material and content of this property.
In no case will users’ access to, navigation and use of the Website be construed as implying a total or partial renunciation, transmission, licensing or transfer of these rights by THE HOTEL Users have a right to use the Website content and/or services within a strictly domestic setting.
References to trademarks or registered trade names, or other distinguishing marks, whether they are owned by THE HOTEL or third companies, implicitly entail the prohibition on their use without the consent of THE HOTEL or their legitimate owners. At no time, unless expressly stated otherwise, will access to, navigation or use of the Website and/or its content, grant the user any right regarding the distinguishing marks included therein.
All intellectual and industrial property rights regarding the Website content and/or services are reserved and, in particular, it is forbidden to amend, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the content included on the Website, for public or commercial purposes, if THE HOTEL has not previously given their express permission in writing.
In the event a user sends information of any kind to THE HOTEL, via any of the channels set up for that purpose, the user declares, guarantees and accepts that they have the right to do so freely; that this information does not breach any intellectual or industrial property right, trade secret or any other third-party right; and that this information is not confidential in nature or damaging to third parties.
Users acknowledge assuming the liability, holding THE HOTEL harmless, for any communication they provide personally or in their name, with this liability extending to the accuracy, lawfulness, originality and ownership of the communication, without any restriction.

5. Links

5.1 Links to other web pages: THE HOTEL may not assume any kind of liability for any aspect regarding the web page to which a link could be established from the Website, specifically, including without limitation, regarding its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
In this sense, if users have actual knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, they must communicate this immediately to THE HOTEL for the purposes of disabling the access link to these pages, which will be done as quickly as possible.
In any case, the establishment of any kind of link from the Website to another unrelated web page will not imply the existence of any kind of relationship, collaboration or dependence between THE HOTEL and the manager of the unrelated web page.

5.2 Links to other web pages: Through different tools and applications, THE HOTEL provides users with linking media that allow them to access channels and pages on different platforms and social networks. The installation of these applications on the Website has the sole aim of providing users with access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between THE HOTEL and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by THE HOTEL of its content and/or services, as its owner, manufacturer or distributor is the only partly responsible for the linked platform’s content and/or services.
In no case does THE HOTEL share any kind of private information about its users with the owners of these external web pages, since its only aim is to provide access to these pages by the users. In this sense, any information that users themselves wish to provide to these external platforms and/or web pages will be under their own responsibility; THE HOTEL is not involved in this process.
Since THE HOTEL has no control over the content hosted on these channels, users acknowledge and accept that THE HOTEL assumes no liability for the content or for the services users may access on these pages or for any content, products, services, advertising or any other material available therein. For this reason, uses must exercise caution in the assessment and use of the information, content and services on the linked channels, and regarding their own or third-party information they wish to share on these channels.

5.3 Links on other web pages to the website: THE HOTEL does not authorize the establishment of a link to this Website from other web pages that may contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravenes the law, morality or public order, or generally accepted social standards.
In all cases, users may establish links on their respective web pages provided that they ask for prior and express permission from THE HOTEL
THE HOTEL does not have the power or human and technical means to monitor or approve all the information, content, products or services provided by other websites that have established links to this Website. THE HOTEL does not assume any kind of liability for any aspect regarding the web pages that establish a link to the Website, specifically, including without limitation, regarding their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content, in general.

6. Conditions of using the website

Access to or use of the Website for illegal or unauthorized purposes, with or without economic aims, is not permitted, and therefore the user will be exclusively liable for its consequences. More specifically, and without this list being absolute, the following are prohibited:
using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;
using the Website to transmit, install or publish any virus, malicious code or other harmful programs or files;
using the Website to collect personal data from other users;
registering through the Website with a false identity, impersonating third parties or using a profile or carrying out any other action that may confuse other users about the identity of the source of a message;
accessing without permission any other section of the Website, other systems or networks connected to the platform, any THE HOTEL server or the services offered through the Website, by means of hacking or falsification, password mining or any other illegitimate means;
breaching, or attempting to breach, the security or authentication measures of the Website or any network connected to the same, or the security or protection measures inherent to the content offered on the Website;
carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of THE HOTEL, as well as in the systems or networks connected to the Website; or
preventing the normal development of an event, competition, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access to, participation in or functioning thereof, or falsifying the result thereof and/or using fraudulent methods of participation, by means of any procedure, and/or through any practice that in any way infringes or violates these Conditions of Use.
The breach of any of the above obligations by the user may lead to THE HOTEL adopting the appropriate measures enshrined by the law and in the exercise of its rights or obligations and may extend to the deletion or blocking of the offending user’s account, without any possibility of compensation for the damages caused.

7. Liabilities and guarantees

THE HOTEL cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services on the Website, or the usefulness or veracity of the documentation provided through the site.
Consequently, THE HOTEL does not guarantee or assume liability for the following: (i) the continuity of the Website content; (ii) the absence of errors in this content; (iii) the absence of viruses and/or other harmful components on the Website or in the server that provides it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted on the same; (v) the lack of usefulness or performance of the Website content; and (vi) the damages or harm caused, to themselves or a third party, by anyone who infringes the conditions, rules and instructions that THE HOTEL establishes on the Website or through the breaching of the Website’s security systems.
Nonetheless, THE HOTEL declares it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to minimize system errors, both from the technical viewpoint as well as regarding the content published on the Website.
If users have knowledge of any content that is illicit, illegal, contrary to the law or that could represent an infringement of intellectual or industrial property rights, the applicable legislation on personal data protection and/or any other right, they must notify this immediately to THE HOTEL so it may adopt the appropriate measures.
THE HOTEL does not guarantee the lawfulness, reliability and usefulness of the content provided by third parties via the Website.
THE HOTEL will assume no liability for the truthfulness, integrity or updating of the information published on the Website from sources unrelated to it (external news, reports from external professionals, etc.), or the information contained on other web portals through links from the Website.
THE HOTEL will not assume liability for hypothetical damages that could arise from the use of the aforementioned information.
In any case, THE HOTEL reserves the right to temporarily or permanently suspend, modify, restrict or interrupt the access to, navigation, hosting and/or downloading of content and/or use of services from the Website, with or without prior notification, for any users who breach any of the provisions set out in these Conditions of Use, without the user having any possibility of demanding compensation for this reason.

8. Applicable law competent jurisdiction

These Conditions of Use are governed by Spanish law. As regards dispute resolution, the parties expressly submit to the courts of Madrid, waiving any other jurisdiction.
To submit complaints regarding the use of our services, customers may write to the e-mail info@torralbenc.com. We are committed to seeking an amicable solution for the conflict at all times.

Privacy policy

This privacy policy applies to the present website www.torralbenc.com

Please, read this privacy policy thoroughly. In it you will find important information about the processing of your personal details and your rights in accordance with the relevant legislation currently in force.

We reserve the right to update our privacy policy at any time in line with business decisions, as well as to comply with any possible changes in legislation or jurisprudence. Should you have any doubts or queries, or you require any clarification with respect to our Privacy Policy or your rights, you may contact us using any of the channels indicated below.

You declare that the data you provide us with, now or in the future, is correct and true, and you undertake to inform us of any changes in this data. Should you be providing us with the data of third parties, you undertake to obtain the full prior consent of those concerned, and to inform them of the contents of this policy.

In general, the fields of our forms marked as mandatory must of necessity be completed for us to be able to deal with your requests.

1. Who controls the processing of your personal data?

The data controller for the processing of data obtained from this website is:

Data controller: Torralbenc Hotel S.L.U. (hereinafter the HOTEL)
Postal address: Ctra. Maó – Cala’n Porter, Km 10, 07730 Alaior, Islas Baleares
Email address: info@torralbenc.com
Tel no.: +34 971 37 72 11

2. What do we process your data for and what is the legal basis for this?

2.1 The management of our relationship with guests and users: we process the data that our guests, customers and users provide in the course of their enquiries for us to deal with their requests.

This processing is required to ensure the implementation of our legal relationship with users of The Site and for the application of any precontractual measures requested.

2.2 Management of accounts: we process the data that our users provide us with in the registration form on The Site, as well as those they register in their profile, to create and administer their accounts and to give them access to the functionalities available to registered users.

2.3 Management of reservations of accommodation and service: Data provided in booking forms for accommodation, or to contract services, will be processed for the management of these bookings and the provision of the requested services.  The categories of data that we process for these purposes are as follows:

– Identification data (first names, surnames, and ID card, or passport number) and contact details (address, email address, and telephone number) of the booking holder.
– Details of the booking itself, the voucher, or the requested service.
– Financial and transaction details.

The processing of this data is necessary to ensure the provision of the services requested, the implementation of the accommodation contract, and for the application of any precontractual measures requested.

Financial data and those concerning transactions of goods and services shall be processed for purposes of accounting and administrative management, and to enable compliance with our legal obligations in accounting and fiscal areas.

2.4 Sending out commercial communications and management of distribution lists: We process identification and contact data provided by our customers and by those people who register on our distribution lists so they can be sent communications about our products and services.

This processing has its legal basis in the consent requested. Not giving your consent to this or withdrawing it does not affect your reservation or the provision of the services contracted.

You may request that your data ceases to be processed for commercial purposes by sending an email to the following email address: info@torralbenc.com

2.5 Administration and management of website security:  we process browsing data (IP addresses or log files) to administer and manage the security of The Site and its areas of restricted access.

This processing has its legal basis in our legitimate interest in guaranteeing the security of The Site. This interest is expressly recognised in Recital no. 49 of the General Data Protection Regulation (GDPR). To assess this interest with respect to your rights and freedoms, we have taken into account that this processing corresponds to generalised security practices and fails to pose significant threats to interested parties.

2.6 Statistical purposes and quality management:  with the aim of evaluating and managing the quality of our services and products, we process identification data and contact details provided by our customers in their requests and suggestions. We also compile statistics based on aggregate data obtained from transaction data and from browsing data, e.g. IP addresses, weblogs, websites visited, and actions carried out on The Site. For more information, see our cookies policy.

This processing has its legal basis in our legitimate interest in evaluating and managing the quality of our services and products. To assess this interest with respect to your rights and freedoms, it was decided that this processing had a limited impact on the privacy of the interested parties, matched their reasonable expectations, and did not pose a significant threat.

3. Who do we pass your data on to?

Your data shall only be passed on to third parties under legal obligation, with your consent, or when your request involves such disclosure.

4. How long will we keep your data?

Generally speaking, your data will be kept for the life of the relationship you have with us and, in all cases, for the times laid down in the relevant statutory requirements, for example in accounting and fiscal issues, and for the time required to respond to any possible liability claims arising from this processing. We shall erase your data when it is no longer necessary or relevant for the purposes for which it was collected.

Logs of access to restricted areas of The Site shall be deleted a month after their creation.

Information concerning browsing shall be erased when the connection with The Site is over and the statistics have been compiled.

Data processed for commercial ends shall be kept until its erasure is requested.

5. What are your rights?

You have the right to seek confirmation as to whether we are processing your personal data or not, and if so, access it. Likewise, you may request that the data be rectified if it is inaccurate or be completed if it is incomplete. You may also ask for the data to be erased, if, among other reasons, the data is no longer required for the purposes it was originally collected for.

Under certain circumstances, you may request the restriction of the processing of your data. In this case, we will only process the data in question for the establishment, exercise, or defence of legal claims, or for the protection of the rights of other people.

Under certain circumstances, and on grounds relating to your particular situation, you may also object to the processing of your personal data. In this case, we shall cease to process the data, unless there are compelling legitimate grounds that prevail over your interests, rights, and liberties, or for the establishment, exercise, or defence of legal claims.

Furthermore, and under certain conditions, you may request portability of your data so that it is passed on to another data controller.

You may withdraw the consent you had given for certain purposes, at any time, without this affecting the legality of the processing based on the consent given prior to its withdrawal.

Likewise, you have the right to file a claim with a data protection authority.

We would like to inform you that the European Regulation of the Protection of Personal (GDPR) similarly recognises the right to the portability of your data.

You also have the right to oppose the adoption of decisions based solely on automated processing that produce legal effects concerning you, or which similarly affect you, when this right coincides with the provisions laid down in Article 22 of Regulation (EU) 2016/679.

To exercise your rights, you have to send us a request to this effect, by post or by email, together with a copy of your official, national identity card, passport, or other valid document that identifies you. This request should be sent to the addresses given in the section “Who controls the processing of your personal data?”

You can obtain more information about your rights and how to exercise them on the website of the Spanish Data Protection Agency at www.aepd.es.

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