Legal Notice

The Web Site www.hotelssapunta.com (hereinafter, the “Web Site”) is property of J.J  FONT CASADEVALL, CB (hereinafter “File Manager”). NIF:  E17058280;  Address C. Sa Punta D’es Forns, 20 · 17225 Begur; Girona

Phone number  +34 972 667 376; Email: sapunta@hotelsapunta.com.

J.J FONT CASADEVALL, CB welcomes and invites you to carefully read our General Terms and Conditions of Use of this Web Site (hereinafter, “General Terms and Conditions of Use”) that state the terms and conditions applicable to your use of our Web Site, subject to what has been established in the Spanish regulation. Given that www.hotelssapunta.com may in the future modify these Terms and Conditions of Use, we recommend visiting them regularly to been duly informed about any changes that may occur.

With the intention that the Web Site complies with the criteria of transparency, clarity and simplicity, www.hotelsapunta.com recommends the User that any suggestion, doubt or request concerning the General Terms and Conditions of Use can be solved by contacting www.hotelsapunta.com by telephone +34 972 667 376 or email address: sapunta@hotelsapunta.com.

Purpose

www.hotelsapunta.com provides the content and services that are available on the Web Site, subject to these General Terms and Conditions of Use as well as the policy on the processing of personal data (hereinafter “Policy on Data Protection”). Access to this Web Site or its use in any form grants you the status of User and implies the unrestricted acceptance of each and every one of these Terms and Conditions of Use, and www.hotelsapunta.com reserves the right to modify them at any given time. Consequently, it will be the responsibility of every User to carefully read the General Terms and Conditions of Use in force on each of the occasions they access this Web Site. If the User were not to agree with any of the above, they must refrain from using this Web Site.

Likewise, the User is warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Web Site. The use of said contents or services will imply the acceptance of the conditions specified therein.

It is important, given the recent European regulation on Data Protection EU REGULATION 2016/679 of the PARLIAMENT and of the EUROPEAN COUNCIL that aims to protect the confidentiality and security of your personal data, that you read on this or other websites where you provide your personal details. Moreover, you should also know that the fact of leaving your data does not attribute, confirm, cancel, legitimize or improves any contractual link with our company.

Basic Information about Personal Data Protection

Company:  J.J FONT CASAFRVALL, CB (Hotel Restaurante Sa Punta)  NIF: E17058280;  Address C. Sa Punta D’es Forns, 20 · 17225 Begur; Girona; Telephone  +34 972 667 376;  Customer Support:  +34 972 667 376; Email: sapunta@hotelsapunta.com.

Purpose: Managing hotel services, renovations, spa and physiotherapy services, conventions and events, leisure-sports events or other events related to our corporate purpose by clients, suppliers, applicants or contacts.

Legitimacy: Consent, previous agreements and reservations/bookings, contractual on behalf of the interested party.

Legal Framework:  Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016 on the protection of individuals with regards to the processing of personal data and on the free movement of such data.

Law 34/2002, of July 11th on information society services and electronic commerce.

Royal Legislative Decree 1/2007, of November 16th, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Revision in force since June 12th, 2018.

Recipients: J.J FONT CASADEVALL, CB (Sa Punta Hotel Restaurante) will be able to transfer the data to other establishments that in the future may form part of our business group, always maintaining the same purposes.

Rights:  You can exercise your ARCO rights, which are the right to access, rectification, cancellation and/or opposition and limitation of the treatment, as well as the right to “forget” and portability of the data.

Additional information:  You may at any time request additional and complementary information to the basic information about your personal data (“second layer”), in the same email address that we provide to exercise your rights and other complementary laws.

Services

The hotel is located in one of the most beautiful areas of Costa Brava. The Mediterranean forest landscapes of the Empordà, the beautiful coves of the Costa Brava and charming medieval villages around make up the idyllic setting for a unique experience. With a privileged location, the Sa PuntaHotel Restaurante is the emblematic and reference establishment in the Empordà, a place where exclusivity is transmitted in every detail -a place where time stops.

It stands out for its breath-taking  views and its extraordinary gardens, as well as for its customized and exquisite service. Designed to live the unique essence and character of the Empordà.

Facilities and services:

34 rooms, with sea and mountain view, 2 of which are suites with a luxury 80 m2 terrace and a magnificent view of the Islas Medas. Immense gardens and chill out area with amazing views of the semi-olympic ocean water swimming pool. You will enjoy a cozy atmosphere that will not disappoint you, ensuring beautiful and relaxing moments.

The Sa Punta Restaurant offers a detailed menu of seafood tradition with Jaume Fontas its kitchen coordinator and based on fresh products from Costa Brava where you’ll discover excellent rice, fish and seafood as well as meat, local vegetables and a wide range of wines andcava. The restaurant is made up of three areas: the winter salon, with private lounges with a capacity of up to 30 guests; the outside salon to enjoy the sunny days and a big covered terrace with a capacity of 180 guests, located beside the gardens and swimming pool.

Our facilities include a gym with a steam sauna, jacuzzi and water pressure showers.  These facilities are of private use and can be used at a specific time.

Outdoor ocean water semi-Olympic swimming pool, two jacuzzis, gardens and  terrace.

Other services: Bicycle rentals, electric bicycles, golf course reservations, etc.

The General Terms & Conditions of Use are as follows:

Bookings may only be made by telephone or through the website. To do so, you will need our booking confirmation of the rooms you have chosen, as well as the total number of people staying in the booked rooms.

The client must pay the total booking amount directly to the hotel in the currency indicated by the establishment. The prices shown in a different currency shall be established according to the current exchange rate on that day and shall be provided only for informative purposes.

If a booking is cancelled or modified with less than 7 days prior to your stay, the hotel shall reserve the right to charge you the first night of your stay as a penalty. In the case of no-show, you shall be charged for the full amount of your reservation.

Throughout the period of June 15th to September 15th, cancellations/modifications shall be free of charge until 15 days prior to your arrival.  If cancellation/modification occurs too late, the first night of your stay will be charged (TAX included). In the case of no-show or early check-out, the entire amount of your stay will be charged (TAX included). A security deposit of 50% of your stay, including taxes, will be requested upon booking.

How can I book more than 1 room of different categories?

Select the room you wish according to the availability, the number of guests and days. Once finished the booking of this rooms, repeat the process as many times possible by selecting the type of room that you wish in each case.

Content and use

The User is notified and accepts, that accessing this website does not, in any way possible mean a commercial relationship with J.J. FONT CASADEVAL, CB reserves the right to make any changes it deems appropriate without prior notice in www.hotelmasdetorrent.com, and may change, delete or add both the content and services provided through the website and the way in which they are presented or located on its servers.

On the website you will able to find the following sections of topics of interest:

• HISTORY
• ROOMS
• RESTURANT
• ACTIVITIES
• EVENTS AND NEWS
• CONTACT

Links

The presence of links in the pages has a merely informative purpose and in no case implies any suggestion, invitation or recommendation regarding them.

The publications on our website may include links to third party websites. Such sites will have privacy policies different from those established in this document. For our part, we disclaim all responsibility for compliance with the privacy policies of third-party websites, and we encourage all users to review their privacy policies.

The company does not use cross-marketing techniques, although it should be noted that third parties may choose to use the company’s “widget” on their own website. A “widget” is a small piece of code that inserted into a third-party website gives quick access to one of www.hotelsapunta.com’s advertisements.

Protection

www.hotelsapunta.com will put all the technical means at its disposal to protect your personal data, which in no way will be communicated to third parties without your prior consent. Our files are protected in accordance with the regulations of LSSICE 34/2002, the General Telecommunications Law, and the recent Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

REGISTRATION

In order to be able to access BOOKINGS, the new User will access an external platform to our website, Cloudbeds, with which we manage our online reservations. You can choose the days, rooms you want to book and the number of guests, you can choose from those we have available. In order to do so, you will have to indicate the following data:

• Name and Surname
• Email
• Telephone
• Address
• City
• Province
• Postal code

The requested service: room, adults, children, check-in and check-out day

Payment method: Credit card payments

To register or to access or take on a service you can simply leave your personal details in the form that we provide you with. This information is necessary to offer an optimal service and necessary to obtain the rating of the User.

By leaving your personal details, you will have free access to our Services. You are giving your express consent to receive information by email, text message, SMS, WhatsApp, telephone calls or post about the various activities and services provided by www.hotelsapunta.com

You also authorize us to send you newsletters about news, articles, events and services considered of interest to you or your company.

The data you provide will be included in our file WEBSITE AND SOCIAL NETWORKS, or in that of CUSTOMERS and PROVIDERS duly protected, with the purpose of providing the requested services.

Your personal information will not be shared with third parties without your consent, except in the cases that we have specified in the RECIPIENTES section.

Unsubscribe

The user may unsubscribe FREE of charge at any given time and whenever they deem it appropriate and may exercise their rights of access, rectification, cancellation or opposition, as well as limitation and portability described in the section on Protection of Personal Data by :

Sending an email to sapunta@hotelsapunta.com, specifying that you wsih to UNSUBSCRIBE in the subject of the email and providing  your personal data.

Sending a letter to J.J  FONT CASAFRVALL, CB (Hotel Restaurante Sa Punta) NIF: E17058280;  Address C. Sa Punta D’es Forns, 20 · 17225 Begur, Girona; Phone number  +34 972 667 376;  Customer Support: +34 972 667 376; Email: sapunta@hotelsapunta.com. (See Data Protection of this Web Site)

Any of the forms that we offer are valid to unsubscribe from the services and advertising relating to our company.

Prices

Through our website www.hotelsapunta.com we will notify you about prices of our services and offers.

Minors

Our services are aimed at people with the capacity to act and of all ages, by which we understand that they have the authorization and consent of their parents, guardians or legal representatives.  In the case of misuse or culpa in vigilando, as established by the Spanish Civil Code concerning the contractual relationship, the parents, guardians or legal representatives will be held responsible.

Privacy and Data Treatment

In the case when access to certain contents or services it is necessary to provide personal data, Users will guarantee its truthfulness, accuracy, authenticity and validity to www.hotelsapunta.com. The Web Site will automatically treat such data correspondingly to its nature or purpose, as indicated in the Data Protection Policy Section.

Industrial and Intellectual Property

The user acknowledges and accepts that all the contents shown on the Web Site and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any of the signs liable for industrial and/or commercial use are subject to intellectual property rights. Moreover, all trademarks, trade names or distinctive signs, all intellectual and industrial property rights, on the contents and/or any other elements available on this Web Site are the exclusive property of www.hotelsapunta.com and/or third parties, who have the exclusive right to use them for commercial purposes.

Therefore, the User agrees to not reproduce, copy, distribute, nor make available or publicly communicate in any other way, transform or modify such content keeping www.hotelsapunta.com free of any claim arising from the breach of such obligations. In no case does access to the Web Site imply any type of resignation, transmission, licence or total or partial cession of said rights, unless otherwise expressly established. These General Terms and Conditions of Use of this Web Site do not entitle Users to any other type of right of use, exploitation, alteration, reproduction, distribution or public communication of the Web Site and/or its contents other than those expressly provided for herein. Any other use or exploitation of any of the rights will be subject to prior express authorization specifically granted to that effect by www.hotelsapunta.com or the third-party owner of the rights involved.

The contents, texts, photographs, designs, logos, images, computer software, source codes and, in general, any intellectual property existing herein, as well as the Web site itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. www.hotelsapunta.com owns the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, given the case  has the corresponding authorization for the use of such elements.
The content provided on the Web Site may not be reproduced,  transmitted, or recorded, wholly or partially, by any information retrieval system, in any form or mean, unless with the prior written permission of the above mentioned Entity.

Likewise, it is strictly forbidden to delete, elude or manipulate the copyright, as well as the technical protection devices, or any information mechanisms that the contents may include.  The User of this Web Site take responsibility in respecting the rights stated and avoiding any action that could be prejudicial, in any case reserving the right to www.hotelsapunta.com to exercise of whatever means or legal actions correspond for the defence of its legitimate intellectual and industrial property rights.

Web Site User Obligations and Responsibility

The User agrees to:

• Make appropriate and lawful use of the Web Site, as well as the contents and services pursuant to: (I) the applicable law; (II) the General Terms and Conditions of the Web Site; (III) morals and generally accepted good customs and (IV) the public order.
• Have all the means and technical requirements necessary to access the Web Site.
• Provide true information by filling in the forms on the Web Site with their personal details and to keep them updated at all times so that they correspond, at all times, to the current situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to hotelsapunta.com or third parties that arise from the information provided.
• Notwithstanding the foregoing, the User must also abstain from:
• Making unauthorized or fraudulent use of the Web Site and/or its content for illegal purposes or effects, strictly forbidden in these General Terms and Conditions of Use, harmful to the rights and interests of others, or that in any way can damage, disable, overload, impair or prevent the normal use of services or documents, files and all kinds of content stored on any computer.
• Accessing or attempting to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.
• Causing damages to the physical o logical system of the Web Site, its suppliers or third parties.
• Introducing or spreading on the network computer viruses or any other physical or logical systems that are likely to cause damage to the system of hotelsapunta.com, its suppliers and/or third parties.
• Attempting to access, use and/or manipulate the data of hotelsapunta.com, third party suppliers and other Users.
• Reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless there is authorisation on behalf of the holder of rights or in case this is legally permitted.
• Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of hotelsapunta.com or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be included in the contents.
• Obtaining and attempting to obtain the contents using means or procedures other than those which have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or those which are habitually used on the Internet because they do not entail a risk of damage or disablement of the Web Site and/or the contents.
• In particular, and for merely indicative and not comprehensive purposes, the User agrees to not transmit, distribute or make available to third party’s information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
• Is contrary, disregards or attempts against the fundamental rights and public liberty rights recognized constitutionally, in the International Treaties and in the rest of the law in force.
• Induces, instigates or promotes criminal, denigrating, defamatory, violent actions or, in general, is contrary to the law, moral, good customs or to the public order.
• Induces, instigates or promotes discriminatory actions, attitudes or thoughts due to of gender, race, religion, beliefs, age or condition.
• Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, moral and good customs or public order.
• Instigates or may instigate an unacceptable state of anxiety or fear.
• Instigates or may instigate involvement in dangerous or risky practices harmful to the physical and mental health.
• Is protected by intellectual or industrial protection law belonging to hotelsapunta.com or to third parties without the use intended has been authorised.
• It is contrary to honour, to personal and family privacy or to the personal image of a User.
• Constitutes any form of advertising.
• Includes any type of virus or program that prevents the normal functioning of the Web Site.
• That if in any case in order to access any of the services and/or contents of the Web Site, the User is provided with a password, they are bound to use it diligently and keep it confidential at all times. Consequently, they will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, or allow the access of the aforementioned services and/or content by unauthorized people. Likewise, you are obliged to notify hotelsapunta.com of any event that may involve the misuse of your personal password, including but not limited to the theft, loss or unauthorised access, in order to proceed to its immediate deletion. Consequently, if you do not duly notify www.hotelsapunta.com you will be exempt from any responsibility that could arise from the misuse of your password, being held responsible for any illicit use of the contents and/or services of the Web Site on behalf of any unauthorised third party.
• If, in a reckless or fraudulent manner, you fail to comply with any of the obligations established in these General Terms and Conditions of Use, you will be held liable for all the damages that may arise for hotelsapunta.com due to such non-compliance.

Hyperlink

The user agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the Web Site www.hotelsapunta.com nor any of its contents, unless expressly authorized in writing.

The Web Site www.hotelsapunta.com does not normally include links to other websites managed by third parties, but if it were to do so with the purpose of allowing the User to access information of collaborating entities and /or sponsors, www.hotelsapunta.com is not responsible for the content of such websites, nor is it in any way a guarantor or provider of services and/or information that may be offered to third parties through third party links.

The user is entitled to a limited, revocable and non-exclusive right to create links to the home page of the Website solely for private, non-commercial use. Web pages that include a link to our Web Site may: (I) not imply that www.hotelsapunta.com recommends said web page or its services or products; (II) not misrepresent its relationship with www.hotelsapunta.com or affirm that www.hotelsapunta.com has authorized such a link, nor include trademarks, designations, trade names, logos or other distinguishing marks of www.hotelsapunta.com; (III) not include content that may be considered inappropriate, obscene, offensive, controversial, incite violence or discrimination based on gender, race or religion, contrary to public order or unlawful; (IV) not link the Web Site any page other than the home page; (V) must link the Web Site with their own web page, without reproducing it as part of its own or within one of its frames or create a new browser  on any of the Web Site’s pages. www.hotelsapunta.com may request, at any time, to remove any link to the Web Site, after which its immediately deletion must proceed. www.hotelsapunta.com cannot control the information, content, products or services provided by other web pages that have established links with the Web Site.

Accordingly, www.hotelsapunta.com takes no responsibility for any aspect concerning to such websites.

Cookies

www.hotelsapunta.com reserves the right to use “cookie” technology on the Web Site, in order to recognize frequent Users and personalize the Users experience by pre-selecting your language or more requested or specific content. The “cookies” used by the Web Site, or the third party acting on its behalf, are only associated with an anonymous user and their computer, and do not  provide the user’s personal data.

The cookies used are: Personal cookies,  Google Analytics, & Google Adwords.

Cookies are files sent to a browser by means of a Web server to record the User’s navigation activity on the Web Site, when the User allows its access. At the same time, the User will be able to eliminate the “cookies” for which it will have to consult the instructions of use of their browser.

Thanks to cookie technology, it is possible that www.hotelsapunta.com recognizes the browser of the computer used by the User in order to provide content and offer the User’s navigation or advertising preferences; the demographic profiles of Users as well measuring the number of visits and parameters and monitor the progress and number of entries.

You can allow or disable cookies by configuring your browsing options, but in some cases, this may affect your ability to use www.hotelsapunta.com.

Liability

• com does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of www.hotelsapunta.com, which may be prevented, obstructed or interrupted by factors or circumstances beyond its control.
• com is not responsible for damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is duly notified. Particularly, it shall not be liable for any damages that may arise, among others, from:
• Interferences, interruptions, failures, omissions, telephonic failures, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of hotelsapunta.com
• Illegitimate interference using malicious programs of any kind and through any means of communication, such as computer viruses or any other.
• Improper or inappropriate abuse of the Web Site.
• Security or navigation errors caused by a malfunction of the browser or the use of outdated versions of it. The administrators of hotelsapunta.com reserve the right to withdraw, totally or partially, any content or information present on the Web Site.
• com excludes any liability for damages of any nature that may be due to the misuse of freely available services and use by Users of the Web Site.
• Likewise, hotelsapunta.com is exempted from any responsibility due to the content and information that may be occur as a result of the data collection forms, available only for the rendering of services, queries and doubts. On the other hand, in case of causing damages for an illegal or incorrect use of these services, the User may be summoned by www.hotelsapunta.com for damages caused.
• The User will defend, indemnify and hold hotelsapunta.com free from any damages arising from claims, actions or lawsuits of third parties as a result of your access or use of the Web Site. Moreover, the User agrees to indemnify www.hotelsapunta.com against any damages arising from the use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action by the User that imposes an unreasonable load on the functioning of the Web Site.

Data Protection

In order to use some of the Services, the Users must provide certain personal detail: Therefor J.J Font CASADEVALL shall automatically process the User’s personal data pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Thus, the User may access the personal data policy and purposes previously established as well as the Terms and Conditions of the Data Protection Policy established herein.

The User may always be able to exercise their rights of access, ratification, deletion, opposition as well as the rights of limitation and “forget” free of charge.  Therefore, it necessary that the User or by means of a legally authorized representative provide the following documents to the J.J Data Controller:  FONT CASAFRVALL, CB (Hotel Restaurante Sa Punta) NIF: E17058280; Address: C. Sa Punta D’es Forns, 20 · 17225 Begur, Girona; Phone number +34 972 667 376; Customer Support: +34 972 667 376; Email: sapunta@hotelsapunta.com.

Requested Documentation:

• Photocopy of ID document
• Sufficient identification if you are the representative, guardian or custodian of a minor.
• Explanation and purpose of claim.
• Specify address for sending notifications, telephone number and email so we contact you as soon as possible and within ten days.

Code of Conduct

Main Principles:

www.hotelsapunta.com agrees that the content of the services offered shall not:

• Induce or promote sexual, racial or religious discrimination or any other violation of fundamental rights and public liberty rights recognized by the Spanish Constitution and the rest of the legal system.
• Instigate or encourage illegal action.
• Lead to mistaken conclusions as a result of their inaccuracy, ambiguity, exaggeration, omission or similar content.
• Induce an unacceptable state of anxiety or fear, or take advantage or exploit the state of economic, labour or personal need of the User.
• Induce or encourage any person to engage in dangerous practices implying risk, or that threaten the health or mental state of the user.
• Violate legal or regulatory rules on the confidentiality of communications, intellectual property, the right to honour, personal or family privacy, or any other provision applicable to the service.
• Include false or inaccurate information.
• The services that include requests for personal information or personal data, including name, address or other details, taking into account the home or mobile telephone number, must be adequate, relevant and not excessive in relation to the purpose for which they are collected.

Duration and Termination

The rendering of the service of this Web Site and the other services have a main principle and indefinite duration However, www.hotelsapunta.com may terminate or suspend any of the services of the site. Whenever possible, www.hotelsapunta.com will announce the termination or suspension of the provision of the particular service.

Representations and Warranties

In general, the contents and services offered on the Website are merely informative. Accordingly, by offering them, www.hotelsapunta.com provides no warranty or representation whatsoever regarding the content and services offered on the Web Site, including, but not limited to, warranties of permissibility, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

Force Majeure

www.hotelsapunta.com will not be responsible in case of inability to render service if this is due to:  prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure.

Dispute Resolution Applicable Law and Jurisdiction

The herein Terms and Conditions as well as the use of the Web Site shall be subject to the Spanish Law, in the field of international private law. Any dispute shall be resolved before the Courts of La Bisbal d’ Empordà, unless an international law or treaty act is applied as a special law.

In the event that any provision of these General Terms and Conditions is unenforceable or invalid under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these General Terms and Conditions unenforceable or invalid as a whole. In such cases, it shall amend or replace that stipulation with another that is valid and enforceable and that, as far as possible, achieves the purpose and claim reflected in the original provision.