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Terms and conditions of use (LSSI)
The present document is published in compliance with practice established by Spanish legislation in the Law of Information Society Services (LSSI) published in the Official Bulletin of the State (B.O.E.) of 12 July 2002.
GENERAL CONDITIONS OF USE
The present document establishes the General Conditions of Use of the site Pinosplaya.com provided for clients by its proprietor and editor via the Internet. The use of the services and/or contents of Pinosplaya.com on the part of the client presupposes his express compliance with and acceptance of all the general conditions of use in the version published on the present web site.
The present general conditions of use do not exclude the possibility that certain services offered on Pinosplaya.com, due to their particular characteristics, may be subject to their own conditions of use in addition to the general conditions of use.
Nature of the site
The proprietor/editor of Pinosplaya.com develops and publishes the site as an extension over the Internet of the economic activities carried out as a company dedicated to tourist accommodation, activities declared in the respective and corresponding tax declaration.
Those services offered on the Pinosplaya.com site whose beneficiaries are third parties are subject to their respective conditions of use, the proprietor/editor of Pinosplaya.com neither being responsible for the content of the same, nor for the use which may be made of them.
With respect to the services offered on Pinosplaya.com, be they its own or those of third parties, the user expressly accepts and declares that he renounces making any request or demand for responsibility from the proprietor/editor of Pinosplaya.com for improper use of them.
Pinosplaya.com is private, part of the company Sa Pesquera S.A., Tax No.: A07-036064, entered in the Mercantile Register of the Balearics, Volume 165, Book 104/3�. Folio 11, Page 3336, its address being: c. Costa d'en Nofre 15, 07659 Cala Santany�, Baleares, Spain.
Its proprietor/editor reserves the right to delete, cancel, modify and add any type of service without prior notice and without the need for agreement from others to do so.
Conditions of use of Pinosplaya.com
Pinosplaya.com undertakes to respect the conditions and prices stipulated in its reservation forms sent by the client via Pinosplaya.com, it being the obligation of the user or client to comply with the deadlines established in the said forms for the payment of deposits, the balance being payable to the extent of the total amount stipulated in the said forms on the penultimate day of the user's or client's stay in the establishment. In any case only a reservation form confirmed and accepted by the proprietor of Piosplaya.com, paid for in the stipulated period, and for which the client possesses written confirmation, shall be valid, except in the case of express relinquishment or cancellation on the part of the user or client which must have been communicated by fax, the postal service, e-mail, telegram or some type of written medium which permits authentication by both parties.
The user may not make a claim for variations in the prices or offers published in Pinosplaya.com for the reservation of services unless these variations are reflected in the form for the said reservation, or a document attached to the said form, which has been accepted by the proprietor of Pinosplaya.com and sent to the user via the postal service, fax, e-mail or other written medium which permits authentication by both parties.
The proprietor/editor of Pinosplaya.com will not pay the bank charges or those for effecting any type of bank transfer, postal or telegraphic wirement used in paying for the services provided to the user/client. These are to be paid by the user/client.
Those users in possession of a VIP discount card issued by the proprietor of Pinosplaya.com, the specific conditions of use for which are published in a separate document, will be able to obtain a discount on the final price of the reservation which will apply only to the price of accommodation and meals, according to the form and/or table of discounts as well as the conditions of use published in the said separate document.
See: http://www.pinosplaya.com/cgi-bin/vipcard.pl The terms or conditions and/or discounts published for the said card may change at any time, and those terms will apply to the client which are present on Pinosplaya.com on the date on which, payment of the relevant deposit having been made, his reservation is confirmed.
The user or client may not make a claim for variations in the price or conditions of services provided by third parties, unless the said variations were agreed with the proprietor of Pinosplaya.com or affiliates by written contract, sent to the user by fax, the postal service, e-mail or other medium which permits it to be authenticated.
In the case of the user deciding to cancel his reservation: If he is a regular client his deposit will be returned in full minus bank or transfer charges provided that the client or user has given notice of more than 7 days before the arrival date, by means of fax, telegram, e-mail or other medium which permits it to be authenticated and delivers it to our establishment more than 7 days before the date of arrival. If he is a new client and gives notice more than 7 days before the arrival date, his deposit will be retained for the next reservation he makes in the same or next season (in accordance with the prevailing conditions) provided that the client or user has given notice more than 7 days before the arrival date by means of fax, telegram, e-mail or other medium which permits it to be authenticated and delivers it to our establishment more than 7 days before the arrival date.
In the case of "no show" or a notice period of 7 days or less the establishment will retain the said deposit in its entirety.
As a general rule, the user undertakes to use the services and contents of Pinosplaya.com in accordance with the dictates of the law, morality, public order and under the present general conditions of use and the specific conditions of use applicable in a given case. He also undertakes to make proper use of the services and/or contents of Pinosplaya.com and not to use them to carry out activities which are illegal or constitute an offence and/or which infringe regulations on intellectual and industrial property or any other forms of applicable legal code. The user expressly, and with no limits or exceptions, undertakes:
-not to disseminate, transmit or make available to others any type of information, element or content which may constitute illegal or disloyal publicity.
-not to impersonate other users or clients by using their personal data in the different services and/or contents of Pinosplaya.com.
The proprietor/editor of Pinosplaya.com reserves the right to make any modifications he deems appropriate, allowing him to modify, delete and include, unilaterally and without prior notice, new contents and/or services, as well as the form in which these are represented and located. In the same way, the user or member accepts that the proprietor/editor of Pinosplaya.com reserves the right to modify and periodically update the present conditions of use, as well as the specifics of every service, including whether it is free or remunerated. Unless he establishes the contrary, the introduction of any characteristic which modifies the current services and/or the introduction of new services will remain subject to the present conditions of use.
Confidentiality and data protection
Any data of a personal nature provided by the client in using the services and/or contents of Pinosplaya.com will be subject to practice established in our data protection policy and will not be passed on to third parties for commercial or similar ends.
Responsibility for conduct of users
The proprietor/editor of Pinosplaya.com will not be responsible for damage arising from infractions by any user or member which affect the rights of another user or third parties, such as impersonating another user, failure to pay for services provided by third parties, the rights of copyright, trademark, patents, confidential information and any intellectual or industrial property right. The user will be responsible for damage and detriments of whatever nature which the proprietor/editor of Pinosplaya.com or his suppliers or bodies with whom he has a collaborative agreement may suffer as a consequence of failure to comply with the present conditions of use.
Applicable law and jurisdiction
These general conditions are governed by Spanish law. The proprietor/editor of Pinosplaya.com and the user, expressly renouncing any other jurisdiction, submit themselves to the courts and tribunals of Palma de Mallorca in the case of any controversy that may derive from the provision of the services which are the object of these general conditions. Should the user be domiciled outside Spain, the proprietor/editor of Pinosplaya.com and the user submit themselves, expressly renouncing any other jurisdiction, to the courts and tribunals of Palma de Mallorca (Spain).