Tus datos serán tratados por SAONA TURISTICA SL, con la finalidad de gestionar tu reserva, así como enviarte a posteriori información comercial de aquellos productos o servicios que consideremos que puedan ser de tu interés. La legitimación del tratamiento es la relación contractual y el interés legítimo de SAONA TURISTICA SL. Tus datos no serán cedidos a terceros salvo obligación legal. Tienes derecho a acceder, rectificar y suprimir tus datos, así como otros derechos como se explica en nuestra política de privacidad: https://www.hotelcalasaona.com/politica-de-privacidad

GENERAL TERMS AND CONDITIONS OF CONTRACT

This contractual document shall govern the contracting of accommodation bookings through the website hotelcalasaona.com, owned by SAONA TURISTICA SL, under the commercial brand CALA SAONA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website and available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders shall apply.

Contracts shall 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.

Acceptance of this document entails that the USER:

• Has read, understands and comprehends the content set forth herein.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations set forth herein.

These conditions shall have an indefinite validity period and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the legislation in force in the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the Hotel Cala Saona service contracted by the USER is SAONA TURISTICA SL, with registered office at V Cap Barba, No. 1713 Cala Saona 7860 Formentera Balearic Islands, Tax ID B07292576 and customer/USER service phone number 971322030.

On the other hand, the USER, registered on the website by means of a username and password, over which they have full responsibility for use and custody, and is responsible for the truthfulness of the personal data provided to CALA SAONA.

Purpose of the contract

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

The contractual relationship of accommodation booking entails the rental of the chosen property, for a limited time, in exchange for a determined price publicly displayed on the website. Extra services must be contracted at the time of making the booking.

Contracting procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which shall be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and Organic Law 3/2018, of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform CALA SAONA of their loss or theft or of possible access by an unauthorised third party, so that the latter may proceed with immediate blocking.

Once the user account has been created, it is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow the steps below:

1. General contracting clauses.
2. Activation of bookings.
3. Right of withdrawal (cancellations).
4. Claims.
5. Force majeure.
6. Jurisdiction.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Method of payment, charges and discounts.
11. Purchase process.
12. Severance and suspension or termination of the contract.
13. Warranties and refunds.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

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

2. ACTIVATION OF BOOKINGS AND PAYMENT

The PROVIDER shall inform the USER in advance of the procedure to follow to make the trip booking.

The automatic availability and price calculation system allows the USER to choose the type of accommodation of interest and immediately make the online payment of 100% of the price of the first night of rental or, alternatively, may make a bank transfer within a maximum period of 48 hours.

The PROVIDER shall not reserve the accommodation until it has verified that payment has been made. Once payment is verified, the PROVIDER will contact the USER by email to confirm the booking. This term is understood provided that availability has been confirmed.

Deposits

CALA SAONA has a deposit of €75 per night.

Payment of the deposit shall be made by credit card at the time of accessing the accommodation. Upon departure from the accommodation, following inspection thereof, it shall also be refunded by credit card.

In the event of damage to the accommodation, this shall be deducted from said deposit.

Failure to perform the distance contract

In the event that the contract cannot be performed because the accommodation is not available within the foreseen period of 30 days, the USER shall be informed of the lack of availability and that they shall be entitled to cancel the booking and receive the refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER deriving therefrom.

In the event of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered exceeding said amount.

The PROVIDER shall not assume any responsibility when activation of the service does not take place because the data provided by the USER is false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal)

Withdrawal form: https://hotelcalasaona.com/formulario-solicitud-desistimiento.pdf

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

Any cancellation must be communicated to the PROVIDER, requesting a refund number through the form enabled for this purpose, or by email to info@hotelcalasaona.com, indicating the corresponding invoice or booking number. In case of refund of the amount, the USER may be penalised for the concepts indicated below in the booking conditions and cancellation policy.

4. CLAIMS

Any claim that the USER deems appropriate shall be addressed as soon as possible, and may be made at the following contact addresses:

CALA SAONA V Cap Barba, No. 1713 Cala Saona 7860 Formentera Balearic Islands Phone: 971322030 E-mail: info@hotelcalasaona.com

If during the rental period any breakdown occurs in the facilities or electrical appliances, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER shall replace the booked accommodation with another of the same characteristics. In the event that there is no available accommodation, the PROVIDER shall refund the total amount paid.

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

COVID-19: If due to mobility restrictions or any other reason related to the rules consolidated in the COVID-19 code, the USER cannot travel to the booked accommodation, they shall have the possibility of using their booking for the same season according to a new date proposed by the PROVIDER.

6. JURISDICTION

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

If any provision of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest shall not be affected in any way, nor shall they be modified in any way.

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

7. GENERAL TERMS OF THE OFFER

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

All sales and deliveries made by CALA SAONA shall be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of CALA SAONA or stipulated herein shall have effect, except for an express written agreement signed by CALA SAONA, in which case, these particular agreements shall prevail.

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

Check-in and check-out

Check-in: From 16:00

Before 16:00 the accommodation will not be available.

• If arriving earlier, luggage can be left at reception.

Upon arrival at reception and in accordance with current legislation, the USER must hand over the booking sheet and all occupants of the accommodation will be identified.

Then, the USER shall sign a rental contract and pay the remaining 90% of the rental and the Tourist Tax of €0.50 per day of stay and person over 16 years of age, with a maximum of 7 days. (Law 5/2012 of 20/3/12. D.O.G.C. no. 6094 of 23/03/12). You may pay by credit card or cash if it does not exceed €1,000.

The accommodation is delivered clean. Bath towels and sheets per person are included in the rental price.

Check-out: Check-out time from accommodations is before 12:00.

Extra services

If the USER is interested in contracting an extra service, they must do so at the time of making the booking.

Client responsibilities

• The USER undertakes to respect the rules of the Community. During rest hours from 22:00 to 9:00, it is not permitted to use the accommodation for the purpose of party celebrations, or to make noise. Under no circumstances is it permitted to occupy the accommodation with more people than those established in its maximum capacity.
• The use of electricity and water must be rational.
• It is prohibited to hang towels and clothing on balcony railings.
• The pool schedule is set by each Community and is generally from 09:30 to 20:00. It is prohibited to nail objects such as parasols, awnings, etc. into the grass, as well as to use inflatable mattresses inside the pool.
• Children must always be accompanied by their parents and under their responsibility.
• The USER is responsible for the correct behaviour of all their booking companions; otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without right to future claims or any type of compensation.
• Neither CALA SAONA nor the owner shall be liable for any direct or indirect damage that may be caused as a consequence of misuse of the accommodation, including without limitation: destruction, losses after fires, theft, crime, accidents or other types of damage.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each booking include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance, shipping costs, handling, wrapping, or any other additional services ancillary to the service acquired.

The prices applicable to each property are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily as long as the booking has not been made.

Every payment made to CALA SAONA entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the corporate name they have indicated at the time of placing the order. This invoice will be delivered to the USER when the rental ends and payment of the contracted services is made. The invoice may be downloaded in PDF format by accessing the website management panel with the user account. If they wish to receive it by email, they must request it through any of the means that the PROVIDER makes available, being informed that they may revoke said decision at any time.

For any information about the booking, the USER may contact the CALA SAONA customer service phone 971322030 or via email at info@hotelcalasaona.com.

9. TRANSPORT COSTS

There are no transport costs.

10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and enables the following methods to make payment of an order:

• Bank transfer
• Credit card

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these aims, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

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

The following activities are prohibited under credit card brand programmes: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder.

11. PURCHASE PROCESS

The website has a search system using different parameters to facilitate the choice of accommodation. Types of bookings:

• Booking with immediate confirmation: Minimum service price stipulated on the web. The booking may be made online and extra services that suit may be added.
• Price not available: In the event that the service price is not available, the USER shall be informed as soon as possible, by email or telephone.

Select the check-in and check-out dates, the persons accommodated (adults and children) and the chosen extra services and add to the basket. In this, only the selected services, quantity, price and total amount will be shown. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.

Baskets have no administrative binding, it is only a section where a budget can be simulated without any commitment from either party.

From the basket, an order can be placed following the steps below for its correct formalisation:

1. Verification of billing data.
2. Verification of the booking (dates, services...).
3. Selection of payment method.
4. Place the order (purchase).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the placement of the order.

Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the booking, as well as all relevant information.

From the Online Booking section, the description and characteristics of the accommodation, the included services, the optional services (extras) and the particular conditions of each property may be consulted.

12. SEVERANCE AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, null or for any reason inapplicable, this condition shall be considered severable and shall not affect the validity and applicability of any of the remaining 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 does not comply with or follow any of the obligations established in this document or any legal provision, licence, regulation, directive, code of practice or applicable use policies.

When 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. WARRANTIES AND REFUNDS

The warranty of the services offered shall respond to the following articles based on Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws:

Conformity of services with the contract

1. Unless proven otherwise, services shall be understood to be in conformity with the contract provided they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:

a) They conform to the description made by CALA SAONA. b) They are suitable for the uses to which services of the same type are ordinarily intended. c) They are suitable for any special use required by the USER, when this has been brought to CALA SAONA's attention at the time of entering into the contract, provided 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 client can reasonably expect, taking into account the nature thereof and, where applicable, the descriptions of the specific characteristics of the services made by CALA SAONA. e) CALA SAONA describes the details, technical characteristics and photographs of the properties provided by the owners thereof, so that it is not bound by these public statements.

1. Non-conformity resulting from a service not performed or rendered shall be equated to non-conformity of the contract, provided that responsibility for it lies with CALA SAONA or under its responsibility; conversely, when the service not performed or rendered is due to negligence or bad practice by the USER, no fault of CALA SAONA shall be considered and it shall be considered in accordance with the terms of the contract.

2. There shall be no liability for non-conformities that the USER knows or could not have been unaware of at the time of entering into the contract or that originate in information provided by the USER.

CALA SAONA's liability

The PROVIDER shall be liable to the USER for any non-conformity existing at the time of delivery of the accommodation. CALA SAONA recognises the USER's right to repair of the service, replacement, price reduction and termination of the contract.

Repair and replacement of the accommodation service

1. If the accommodation service is not in conformity with the contract, the USER may choose between demanding repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER communicates to CALA SAONA the chosen option, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions in the cases in which repair or replacement does not succeed in bringing the service into conformity with the contract.

2. Any form of remedy shall be considered disproportionate that imposes on CALA SAONA costs that, in comparison with the other form of remedy, are not reasonable, taking into account the value the service would have if there were no non-conformity, the relevance of the non-conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER.

Repair and replacement shall be subject to the following rules:

• Expenses necessary to remedy the non-conformity of the contracted services shall be free for the USER.
• They shall be carried out within a reasonable time and without major inconvenience to 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 delivered, it continues to be non-conforming with the contract, the USER may demand replacement thereof, price reduction or termination of the contract.
• If the replacement does not succeed in bringing the property into conformity with the contract, the USER may demand repair thereof, price reduction or termination of the contract.

Price reduction and termination of the contract

Price reduction and termination of the contract shall apply, at the USER's choice, when the latter cannot demand repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER.

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

Criteria for price reduction

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

Deadlines

Unless proven otherwise, delivery is understood to have been made on the day appearing on the booking.

The USER must inform CALA SAONA of the non-conformity at the moment they become aware of it or, at the latest, at the end of the stay.

Unless proven otherwise, the USER's communication shall be understood to have taken place within the established period.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish legislation in matters not expressly established. CALA SAONA 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 subject to these Conditions.

In the event that the USER has their domicile outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the Dispute Resolution Body that shall act as intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, consult clause '4. CLAIMS' of these Conditions.