2- Conditions of access to and use of the website.
a) User Status
The use of any Service on the Website confers User Status on the user of the said Website.
b) Booking Mallorca reserves the right to publish, in full or partially, the Advertiser´s Advertisements on third-party websites in order to promote the website, and on other websites, such as blogs or social networking sites and the Advertiser shall agree to this condition.
c) Required Registration
In general, the User is not required to register to access the Services on the Website. However, there may be certain Services which do require the prior registration of the User. Should said registration be necessary, it will be expressly indicated as such on the page of the Service or in the Specific Conditions applicable thereto.
d) Gratuity of the Services
In general, the Services provided through the Website are free of charge. However, the use of certain Services on the Website may, or may in future, be subject to payment in the form and under the terms defined in the Specific Conditions corresponding to the Service.
e) Use of the Website and its Services
√ Not to enter or distribute any content or propaganda of a racist, xenophobic, pornographic or pro-terrorism nature, or which goes against human rights.
√ Not to enter or distribute on the web any data programs (viruses or harmful software) which may cause damage to the computer systems of the access provider, his or her providers or third party Internet users.
√ Not to distribute, broadcast or make available to third parties any kind of information, element or content which goes against basic rights and public liberties recognized by the constitution and in international treaties.
√ Not to distribute, broadcast or make available to third parties any kind of information, element or content which constitutes illicit or unfair publicity.
√ Not to broadcast unsolicited or unauthorized publicity, advertising material, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in areas designated exclusively for this purpose (such as commercial offices).
√ Not to enter or distribute any false, ambiguous or incorrect information or content which may cause confusion among recipients thereof.
√ Not to distribute, broadcast or make available to third parties any kind of information, element or content which violates the rights of intellectual and industrial property, patents, trademarks or copyright pertaining to the owners of Websites or third parties.
√ Not to distribute, broadcast or make available to third parties any kind of information, element or content which violates communications privacy and the legislation regarding personal data.
3- Intellectual or industrial property right
The user acknowledges that all elements of the Website and each of the Services provided thereby, the information and materials contained therein, the structure, selection, layout and presentation of its content and the computer programs used in relation thereto are protected by Booking Mallorca or third party rights of intellectual and industrial property.
Unless previously authorized by Booking Mallorca or by third parties with the relevant rights, or unless legally permitted, the user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public via any means of public communication of, any of the elements listed in the previous paragraph.
In particular, the use of texts, images, advertisements or any other elements included in this website for their subsequent inclusion, either total or partial, in other websites that are unrelated to Booking Mallorca without Booking Mallorca´s previous written authorization is strictly prohibited.
The User shall use all materials, elements and information to which he or she has access through the use of the Website and each of its related Services exclusively for his or her own needs, and hereby undertakes not to carry out, either directly or indirectly, any commercial exploitation of either the services or the materials, elements or information obtained by means thereof.
Similarly, the User must refrain from eluding or manipulating any technical provisions established by Booking Mallorca or by third parties, regarding the Website, any of the Services or any of the materials, elements or information obtained by means thereof, for the protection of their rights. The User shall also refrain from eluding or manipulating any technical devices established by Booking Mallorca or by third parties, whether on the Website or in any of the services or in any of the materials, elements or information obtained through it, for the protection of their rights.
The user hereby authorizes the reproduction, distribution and public communication of the photographs that he/she may insert in his/her advertisement for the purposes described in section 2.2. of this Legal Notice, as well as the ASE watermarks, in order to avoid their use by third parties without consent.
4- Disclaimer of warranty. Responsibility
√ Availability and Continuity of the Website and the Services. Booking Mallorca does not guarantee the availability, access or continuity of operation of the Website or its Services.
Booking Mallorca will not be held responsible, according to the limits set by the current Legal System, for any damages caused to the User as a result of the unavailability, sign-in problems or lack of continuity of the Website and its Services.
√ Contents and Services from Booking Mallorca.
Booking Mallorca will be solely and exclusively responsible for the Services which it provides and for any Content directly originating from Booking Mallorca and identified with its copyright. The said liability will be excluded in cases of force majeure, or in the event that the configuration of the User´s systems is considered to be unsuitable for the correct use of the Internet services provided by Booking Mallorca. In any case, any liability of Booking Mallorca towards the User for any matter shall be limited exclusively to amount of the costs incurred directly upon the user by Booking Mallorca, excluding in all cases the liability for indirect damages or for loss of profit.
5- Third Party Content and Services
Booking Mallorca does pre-test, approve rental or sales advertisements in our Real Estate section for certain standards obligations, but does not changes services, opinions, data communications, files, products or any form of information related to third parties or legal or physical persons included in the Website. Similarly, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness or currentness of any third party content, information or Services on the Website.
Booking Mallorca does not pre-test nor guarantee the absence of viruses or other elements in the Content and Services provided by third parties through the Website which may affect the computer system, electronic documents or files of the users.
Booking Mallorca will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from the use or purchase of any third party Content or Services on the Website, nor for the lack of lawfulness, usefulness, truthfulness, accuracy, exhaustively and currency thereof. Including, but in no case limited to this provision, it shall not be liable for damages of any nature deriving from:
a) the infringement of intellectual and industrial rights and the improper- or non-fulfillment of contractual obligations acquired by third parties;
b) carrying out any activities of an untrue nature or producing illicit publicity;
c) the unsuitability and deception of the expectations of third party Services and Content;
d) the faults and defects of all types of third party Services and Content provided through the Website.
Booking Mallorca will not be held responsible, either indirectly or as a subsidiary, for damages of any nature caused to the User as a consequence of the presence of a virus or other elements in the Content and Services provided by third parties who may cause alterations to the computer system, electronic documents or files of the User.
The exoneration of responsibility indicated in the previous paragraphs will apply should Booking Mallorca have no effective knowledge that the activity or information held is legal or that it affects the assets or rights of a third party eligible for compensation, or should they have such knowledge, it shall act diligently to remove such data and content or block all access thereto.
6- User Conduct
Booking Mallorca does not guarantee that the Users of the Website use its Content and/or Services in conformity with the law, ethics, public order, or with these General Terms or, if applicable, with the Specific Conditions. Similarly, it does not guarantee the truthfulness, accuracy, exhaustiveness and/or authenticity of the data provided by its Users.
Booking Mallorca will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from the use of the Website Content and Services by its Users, or which may derive from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by its Users or from the stolen identity of a third party by a User in any type of activity carried out through the Website. Including, but not limited to the following cases, Booking Mallorca shall not be liable, either directly or collaterally, for:
a) the contents, information, opinions or statements of any User, third parties or other entities communicated or exhibited through the Website;
b) any damages caused to third parties deriving from the use of the Website Services and Contents by the User;
c) any damages caused through the lack of truthfulness, accuracy or incorrect identity of users or of any information they provide or which they make accessible to other users;
d) any damages deriving from infringements by any user which may affect the rights of another user or third party, including rights of copyright, trademark, patents, confidential information and any other intellectual or industrial property right.
7- Contracting with third parties via the website
The User acknowledges and accepts that any contractual or extra-contractual relation which he or she may enter into with advertisers or third parties contacted through the Website, as well as his or her participation in contests, promotions or the purchase of goods or services, shall be considered to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that Booking Mallorca it does not have any type of responsibility on the hurts or prejudices of any nature caused on the occasion of his negotiations, conversations and / or contractual relations or extra contractual with the advertisers or third natural or juridical persons contacted across the Website.
8- Technical link tools
The Website places at the Users' disposal technical linking devices and search tools which grant Users access to websites owned by third parties (links). The User acknowledges and accepts that the use of Services and Content of linked websites is made at his or her own risk and responsibility, and holds Booking Mallorca harmless from any liability for the technical availability of linked websites, for the quality, trustworthiness, accuracy and/or truthfulness of the services, information, elements and/or contents which the User may access therein or for the search directories included in the Website.
Booking Mallorca will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from:
a) the operation, unavailability, inaccessibility or lack of continuity of linked websites and/or available search directories;
b) the lack of maintenance or updating of the content and services contained in linked websites;
c) the lack of quality, inaccuracy, illegality or uselessness of the content and services of linked websites.
The exoneration from liability indicated in the previous paragraphs shall apply should Booking Mallorca have no effective knowledge that the activity or information held is illicit or that it affects the assets or rights of a third party eligible for compensation, or, should it have such knowledge, it shall act diligently to remove such data and content or block all access thereto.
9- Protection of personal data
Before completing the User Registration, you should read the following information on Data Protection and the Spanish Law on Information Society Services.
10- Procedure of publication and use of the forum and other places to it destined
To assure the correct functioning of this forum and the points dedicated to opinions, www.bookingmallorca.es has established a few procedure of publication and use that have as aim support the good tone inside the community and, at the same time, promote the contributions of the users to give added value to the topics.
Recommendations of use and writing:
1) At the moment of inserting new content in the forum, try not to harm the general aspect of the site, using the tools of the manager of contents of suitable form.
2) Takes care of the spelling and the procedure of writing.
3) Do not write with letters capital letter, since in the context of the forums it thinks that it is a way of shouting.
4) Express always with education. Avoid expressions and opinions that could turn out to be offensives for other users.
5) Try to be patient with the new people, since they do not know the functioning of the forums and the persons who take part assiduous in them.
6) Use your private messenger company in case you have personal problems with other users and do not publicize the messages that you receive across the private system.
7) Do not use any more than one user's account.
8) Do not publish personal information of third persons.
Without prejudice to any damage liability which may arise, Booking Mallorca may, immediately and without prior warning, terminate its relationship with the User, removing his or her access to the Website or its related Services, should it suspect that said Website or any of the Services related thereto are being used against the applicable General Terms or Specific Conditions. The User shall be liable for damages of any nature which may be suffered either directly or indirectly by Booking Mallorca or any subsidiaries thereof, as a result of the non-fulfillment of any of the obligations deriving from the General Terms or Specific Conditions related to the use of the Website or of any of the Services connected thereto. Similarly, the user shall hold Booking Mallorca and its subsidiaries harmless against any penalty, claim or demand which may be imposed by a third party, including any public organizations, against Booking Mallorca, its employees or agents as a result of the violation of any third party rights by said User through the use of the Website or the Services connected thereto in a manner which goes against the provisions established in the applicable General Terms or Specific Conditions.
Booking Mallorca reserves the right to make any changes it deems necessary, with permission to modify, remove or include new content and/or services, as well as the way in which they are presented and located.
b) Underage Users
In general, to use the Services of the Website, underage persons must first obtain permission from their parents, tutors or legal representatives, who shall be responsible for all activities carried out through the website by minors under their responsibility. Access to certain services, which are expressly indicated to this effect, is restricted exclusively to persons over 18 years of age.
Using Facebook Connect as example, which is a service provided by Facebook through which users can take their social network with them to other websites. It enables a user to visit a website, in this case www.bookingmallorca.es , and to take his or her Facebook friends along "in a knapsack". When the user identifies himself or herself through “Connect with Facebook”, he or she can choose to share his or her activity with the rest of his or her Facebook friends who also use this www.bookingmallorca.es application. The said activity can be consulted at the address www.bookingmallorca.es . The activity in www.bookingmallorca.es that a user who connects with Facebook may choose to share with the rest of his or her friends who have also connected with Facebook on the www.bookingmallorca.es website, includes:
1- Advertisements of properties, hotels, and hotel recommendations or whatever he or she has published on Booking Mallorca so that his or her friends can help to disseminate them.
2- Advertisements selected as favorites so that his or her friends can rate and comment on them.
3- Comments and ratings regarding his or her friends´ favorites (visible to all common friends).
4- Saved searches to receive news by e-mail (for example, “I'm interested in hotels offers in Alcudia, Mallorca).
Further, if the user wishes, he or she will also have the opportunity to publish the said actions in Facebook. For example, after publishing a flat for Short Term Rentals on www.bookingmallorca.es , he or she may choose to publish a story on Facebook like this one: "I've put a flat for your holiday time on www.bookingmallorca.es . Will you help me spread the word?” At no time does Facebook or Booking Mallorca share any sort of private information regarding their users; the only purpose is the one established in these General Terms.
13- Duration and termination
The provision of services and/or content from the Website is valid for an indefinite period of time. Without prejudice to the a foregoing, and pursuant to clause 8 of these General Terms, EcoTrend Balear, S.L. is empowered to terminate, suspend or interrupt one-sidedly, at any time and without having to give prior warning, the provision of the service and the Website and/or any of the services, without prejudice to the relevant provisions of the corresponding specific conditions.
14- Law and jurisdiction
All matters relating to the Website are governed by the Laws of the Kingdom of Spain, and are subjected to the jurisdiction applicable at the User's domicile. Should the User reside outside of Spain, Booking Mallorca and the User place themselves under the jurisdiction of the courts and tribunals of the city of the website owner, and expressly renounce any other jurisdiction.
Cookie is a small quantity of information that the web site transfers to your computer with ends of identification to gather information about your visits and this way we can improve your experience in it. The cookies, between others, can be in use for verify your activity in our Web and with it we can manage to understand better which are your preferences and this way to improve your contact with the Website. For example, information that it allows us to gather they are the products that you visit that with more interest or purchases.
You can deactivate all the cookies in case that you do not want to receive and / or to do that your computer warns you providing that they are in use. In both cases you will have to modify the configuration of your web browser. Nevertheless, remember that when you have formed your computer to reject the cookies, this can limit the functionality of the web site that you visit and to be possible that you could not accede to any of the functions of the same one.
BOOKING MALLORCA (EcoTrend Balear S.L.)
Tax ID No.: B57568636
Teodoro Canet 29, 5ª - 07400 Puerto de Alcudia (Mallorca - Baleares).