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LEGAL NOTICE AND PRIVACY POLICY OF KOMODE HOTELS S.L.

Casa Vincke Hotel

The website www.hotelcasavincke.com (hereinafter known as the “Website”), belongs to KOMODE HOTELS S.L (Casa Vincke Hotel) (hereinafter the Data Controller). NIF: B17110461; Address: c/Blas de Otero, 10, 17200 – Palafrugell – Girona; Telephone: 972.612.116; email: info@casavincke.com

KOMODE HOTELS S.L. welcomes you and cordially invites you to carefully read the General Conditions of Use of this Website (hereinafter known as the “General Conditions of Use”), which describe the terms and conditions that will apply when you browse this Website, in accordance with the provisions of applicable Spanish law. Given that www.hotelcasavincke.com may, in the future, modify these Conditions of Use, we recommend that you visit this page regularly to ensure you are properly informed of any changes that might have been made.

In order to ensure that the Website conforms to the criteria of transparency, clarity and simplicity, www.hotelcasavincke.com recommends that if Users wish to make any suggestions, queries or questions about the General Conditions of Use they should contact www.hotelcasavincke.com by calling +34 872.200.593 or send an email to: info@casavincke.com

1. PURPOSE

www.hotelcasavincke.com provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as its personal data processing policy (hereinafter known as the “Data Protection Policy”). Access to this website or its use in any way confers the status of User and implies the unreserved acceptance of each and every one of these Conditions of Use, www.hotelcasavincke.com reserving the right to modify them at any time. Consequently, it is the responsibility of every User to carefully read the current General Conditions of Use every time they access this website and, if they do not agree with them, they should refrain from using this Website.

Likewise, you are informed that, on certain occasions, special conditions may be established for the use of specific contents and/or services on the Website; the use of these contents or services will imply your acceptance of the specific conditions stipulated therein.

It is important, in view of the recent European Regulation on Data Protection, REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, which aims to protect the confidentiality and security of your personal data, that you read the Basic Information on this and other web pages where you may leave your data. You should also be aware that the fact of leaving your data does not attribute, confirm, nullify, legitimize or optimize any contractual agreement with our company.

Basic Information on Data Protection

DATA CONTROLLER: KOMODE HOTELS S.L (Casa Vincke Hotel). NIF: B17110461; Address: c/Blas de Otero, 10, 17200 – Palafrugell – Girona; Telephone: 972.612.116; User Support: +34 872.200.593; email: info@casavincke.com.

PURPOSE: The management of hotel, restaurant, catering, spa and physiotherapy services, conventions and events, recreational and sporting events, and any other events related to our corporate purpose, by customers, suppliers, applicants or contact people.

LEGITIMACY: Consent, pre-contracts and reservations contracted by the interested party.

LEGAL BASIS: Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

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

RECIPIENTS: KOMODE HOTELS S.L (Casa Vincke Hotel) may transfer these data to: CASA VINCKE HOTEL, EL FAR HOTEL RESTAURANT, CASA VINCKE HOTEL, CAN DAMIÀ GESTIÓ, FAR NOMO RESTAURANT, NOMO NÀUTIC RESTAURANT, RESTAURANT JANI and other establishments which, in the future, may form part of our corporate group, at all times for the same purposes.

RIGHTS: You may exercise the ARCO rights to access, rectify, cancel and/or oppose the use of your data, as well as the rights of restriction, erasure and portability.

ADDITIONAL INFORMATION: You may, at any time, request additional and complementary information to the basic information on your personal data (known as the "second layer") by writing to the same email address provided for you to exercise your rights.

2. SERVICES

Boutique hotel in the heart of the Costa Brava.

In the emblematic Vincke house in Palamós and a few meters from the beach, the Casa Vincke Hotel combines original elements with contemporary elements offering a modern design, ensuring cozy spaces that invite you to feel at home.

It has 9 rooms, a breakfast room, a reading room, a meeting room and a garden with a pool.

The main building has nine elegant rooms distributed over two floors. The bedrooms are contemporary in style, designed with comfort and practicality in mind while adapting as far as possible to the structure of the original house.

The General Conditions of the service are as follows:

Reservations can be made by telephone or via the website; to do so, you will need our booking confirmation of the rooms you have chosen and we will also need the total number of people who will be occupying all the rooms reserved.

The customer is required to pay the full amount of the reservation directly to the hotel in the currency established by the hotel. The prices shown in other currencies are calculated according to the exchange rate on that particular day, and are only provided for informative purposes.

If you cancel or modify your reservation less than seven (7) days before your arrival, the hotel reserves the right to charge you for the first night of your stay as a penalty. In the event of a no-show, you will be charged the full amount due for the stay.

How do I book several rooms of different categories?

Enter "1" in the “Rooms” field.
Choose the room you want on the availability page.
Click on “Book another room” before completing the “Guest Information” page.

Content and Use

Users are informed, and accept, that access to this website does not in any way imply the start of a commercial relationship with KOMODE HOTELS S.L., which reserves the right to make any modifications it deems appropriate to the www.hotelcasavincke.com site without prior notice, being authorized to change, delete or make additions to the content and services that are provided by the Website as well as the way in which they are presented or located on its servers.

On the Website you will find the following sections and topics for your interest:

HOTEL
ROOMS
SERVICES
PHOTOS
CONTACT
BOOK NOW

Links

The presence of links on the web pages is for information purposes only and in no way implies a suggestion, invitation or recommendation to use them.

The posts on our Website may include links to third-party websites. These sites will have their own privacy policies which may be different to those set forth in this document. For our part, we cannot accept any responsibility for compliance with the privacy policies of third-party websites, and we recommend that all users review their privacy policies carefully.

The company does not use cross-marketing techniques, although it should be taken into account that third parties may choose to use the company’s “widget” on their own websites. A “widget” is a small piece of code that is inserted in a third-party website to give fast access to the campaigns of www.hotelcasavincke.com.

Security

www.hotelcasavincke.com will use every technical resource at its disposal to protect your personal data, which will never be transferred to third parties without your consent. Our files are protected in accordance with the provisions of LSSICE 34/2002, the General Telecommunications Law, and the recent Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

3. REGISTRATION

To access the RESERVATIONS section, new Users can select the dates and rooms they wish to book from among those available. To do so, you should provide the following information:

Email address
Forename and surname/s
Postal address
Telephone (eventually)
The services required: rooms, check-in date and check-out date

To REGISTER or to access the site or book a service, simply enter your details in the questionnaire provided. This information is necessary to provide you with the optimum service and for you to obtain the status of User.

Once you have entered your details you will have free access to our Services, and thereby give your express consent to receive information by email, text messages, SMS, WhatsApp, telephone calls or letters on the different activities and services provided by www.hotelcasavincke.com

It also authorizes us to send you our Newsletters containing news, articles, events and information on our services that we believe may be of interest to you or your company.

The data you provide will be added to our WEBSITE AND SOCIAL NETWORKS file, or our CUSTOMERS AND SUPPLIERS file, both of which are duly protected, in order to provide you with the requested services.

Your personal data will not be shared with third parties without your consent, apart from the cases already specified in the section on RECIPIENTS above.

4. DEREGISTERING

Users may DEREGISTER at any time, whenever they deem it appropriate, FREE OF CHARGE, and may also exercise their rights to access, rectify, cancel or oppose the use of their data, as well as the rights to restriction and data portability described in the section on Personal Data Protection:

On the same website where they registered, specifying Deregister in the free text section.
By sending an email to info@casavincke.com with their personal details.
By sending a letter to KOMODE HOTELS S.L (Casa Vincke Hotel). NIF: B17110461; Address: c/Blas de Otero, 10, 17200 – Palafrugell – Girona; Telephone: 972.612.116; User Support: +34 872.200.593; email: info@casavincke.com. (see the Personal Data Protection section of this site).

Any of the options mentioned above is valid for DEREGISTERING from the services and advertising related to our company.

5. PRICES

On our Website www.hotelcasavincke.com we inform you of the prices for our services and special offers.

6. MINORS

Our services are aimed at people with sufficient legal capacity of every age, by which we understand that they have the authorization and consent of their parents, guardians or legal representatives. They will be fully responsible for the use of these services, whether through negligence or failure to supervise properly, as envisaged by the Civil Code on extra-contractual liability.

7. PRIVACY AND DATA PROCESSING

When, in order to access certain content or services, it is necessary to provide personal data, Users shall guarantee their veracity, accuracy, authenticity and validity to www.hotelcasavincke.com which, in turn, will subject these data to automated processing according to their nature or purpose under the terms given in the Data Protection Policy section.

8. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

Users acknowledge and accept that all the content displayed on the website, in particular designs, texts, images, logos, icons, buttons, software, trade names, brands or any of the signs susceptible to industrial and/or commercial use, are subject to intellectual property rights, and that all trademarks, trade names or distinctive signs, all intellectual and industrial property rights over the content and/or any other element inserted in the web page, are the exclusive property of www.hotelcasavincke.com and/or third parties, who have the sole right to use them in economic traffic. Consequently, Users agree not to reproduce, copy, distribute, make available or in any other way publicly broadcast, transform or modify this content, ensuring that www.hotelcasavincke.com is exempt from any claims that might arise from the breach of these obligations. Under no circumstances does access to the website imply any type of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. The General Conditions of Use of this website do not confer upon Users any other type of rights to the use, exploitation, alteration, reproduction, distribution or public broadcast of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any of these rights shall be subject to the express prior authorization specifically granted for that purpose by www.hotelcasavincke.com or the third-party owner of the rights concerned.

The contents, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation on this site, as well as the site as a whole, as a multimedia artistic work, are protected by intellectual copyright law. www.hotelcasavincke.com is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content on the Website or, if this is not the case, is in possession of the relevant authorization for the use of any such elements. The content of the Website may not be reproduced either wholly or in part, or transmitted or recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted in writing by the abovementioned entity.

Likewise, it is prohibited to suppress, evade or manipulate the copyright, the technical protection devices or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights enunciated herein and to refrain from any action that might be detrimental to them, and in all cases www.hotelcasavincke.com reserves the right to exercise whatever legal measures or actions it may be entitled to use to defend its legitimate intellectual and industrial property rights.

9. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User undertakes to:

Make appropriate and lawful use of the Website, as well as its contents and services, in accordance with: (I) the applicable legislation in force at any time; (II) the General Conditions of this Website; (III) morality and generally accepted good practices, and (IV) public order.
Equip him/herself with all the technical resources and requirements necessary to access the Website.
Provide truthful information when completing the forms on the Website with their personal data, and keep this information updated at all times so it always reflects the current situation of the User. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to www.hotelcasavincke.com or third parties by the information provided.

Notwithstanding the foregoing, the User must also refrain from:

Making unauthorized or fraudulent use of the Website and/or its contents for illegal purposes or effects that are prohibited in these General Conditions of Use, or that are injurious to the rights and interests of third parties, or that in any way damage, render useless, overload, deteriorate or prevent the normal use of services, documents, files and all manner of content stored on any computer equipment.
Accessing or attempting to access restricted resources or areas of the Website in breach of the conditions required for such access.
Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
Introducing or propagating computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of www.hotelcasavincke.com, its suppliers or third parties.
Attempting to access, use and/or manipulate the data of www.hotelcasavincke.com, third parties, suppliers or other Users.
Reproducing, copying, distributing, allowing public access by any form of public broadcast, transforming or modifying the contents, unless you have the express authorization of the owner of the corresponding rights or it is permitted by law.
Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other identifying details of the rights of www.hotelcasavincke.com or third parties incorporated in the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
Obtaining or attempting to obtain contents by the use of methods or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, those that are habitually used on the Internet as they do not involve the risk of damaging or disabling the Website and/or its content.
In particular, and non-exhaustively, Users undertake not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
- Is in any way contrary to, denigrates or attacks the fundamental rights and public freedoms recognized constitutionally, in international treaties, and by any other legislation currently in force.
- Induces, incites or promotes criminal, slanderous, defamatory, or violent actions or those that are contrary to law, morals, generally-accepted good practices and public order.
- Induces, incites or promotes discriminatory actions, attitudes or thoughts for reasons of sex, race, religion, beliefs, age or status.
- Incorporates, makes available to, or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally-accepted good practices and public order.
- Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites the engagement in dangerous or risky practices or those that are harmful to health and mental balance.
- Is protected by legislation on intellectual or industrial property rights belonging to www.hotelcasavincke.com or to third parties without the intended use having been authorized.
- Is contrary to honour, personal and family privacy or the image of natural persons.
- Constitutes any type of publicity.
- Includes any type of virus or programme that prevents the normal operation of the Website.

If, in order to access any of the services and/or content of the Website, you are provided with a password, you are obliged to use it diligently and keep it secret at all times. Consequently, you will be responsible for its proper safekeeping and confidentiality, undertaking not to transfer it to third parties either temporarily or permanently, or to allow access to the abovementioned services and/or content by anyone else. Likewise, you are obliged to notify www.hotelcasavincke.com of any circumstance that may entail the improper use of this password, such as, by way of illustration, its theft, loss or unauthorized access, so that we may proceed with its immediate cancellation. Consequently, until such time as the abovementioned notification has been made to www.hotelcasavincke.com, it shall be held fully exempt from any liability that may arise from the misuse of your password, any illegal use of the services and/or content of the Website by an illegitimate third party being entirely your responsibility.

If you negligently or intentionally fail to comply with any of the obligations set forth in these General Conditions of Use, you will be held liable for any damages and/or losses that may be caused to www.hotelcasavincke.com as a result of this breach.

10. HYPERLINKS

The User undertakes not to reproduce in any way, even by means of a hyperlink, the Website of www.hotelcasavincke.com or any of its contents unless expressly authorized to do so in writing.

The Website of www.hotelcasavincke.com does not usually include links to other websites managed by third parties, but if it should, in order to facilitate the User’s access to the information of collaborators or sponsors, www.hotelcasavincke.com cannot be held responsible for the content of those websites, nor is in a position of a guarantor and/or facilitating party of the services and/or information that may be offered to third parties through these third-party links.

Users are granted a limited, revocable and non-exclusive right to create links to the homepage of the Website exclusively for private and non-commercial use. The websites that include a link to our Website (i) may not imply that www.hotelcasavincke.com recommends that website or its services or products; (ii) may not falsify its relationship with www.hotelcasavincke.com or assert that www.hotelcasavincke.com has authorized any such link, and may not include trademarks, names, trade names, logos or other distinctive signs of www.hotelcasavincke.com; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that provokes violence or that is discriminatory for reasons of sex, race or religion, that is contrary to public order or otherwise unlawful; (iv) may not link to any page of the Website other than the homepage; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its frames, or create a browser on any of the pages of the Website. www.hotelcasavincke.com may request, at any time, for any link to the Website to be removed, after which the entity concerned must immediately proceed to its elimination. www.hotelcasavincke.com cannot control the information, content, products or services provided by other websites that have established links to their own Website.

Consequently, www.hotelcasavincke.com does not accept any kind of responsibility for any aspects related to such websites.

11. COOKIES

www.hotelcasavincke.com reserves the right to use cookies technology on its Website in order to recognize frequent Users and personalize the use they make of the Website by preselecting the language or other preferred or specific contents. The cookies used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and their computer, and do not in themselves reveal the user’s personal data.

The cookies we use are as follows: own cookies, Google Analytics, Google AdWords.

Cookies are files sent to a browser by means of a web server to record the User’s browsing history on the website when the User has authorized their reception. If you wish you can delete these cookies, for which you need to consult the instructions of your browser.

Thanks to cookies it is possible for www.hotelcasavincke.com to recognize the browser of the computer being used by the User in order to provide content and offer browsing or advertising preferences to suit the demographic profiles of Users, as well as measuring visits and traffic parameters and monitoring the number and progress of site entries.

You can remove or block cookies using the options in your browser, but you should note that in some cases this might affect your ability to use the www.hotelcasavincke.com website.

12. LIABILITY

www.hotelcasavincke.com cannot guarantee continuous access or the correct display, downloads or use of the elements and information in the pages of www.hotelcasavincke.com, which may be impeded, hindered or interrupted by factors or circumstances outside its control.

www.hotelcasavincke.com is not responsible for the decisions that may be adopted as a result of access to the content or information offered on the site.

www.hotelcasavincke.com may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered on it are in breach of these General Conditions of Use.

www.hotelcasavincke.com is not liable for any damages, losses, claims or expenses arising from the use of the Website. It is only responsible for deleting, as soon as possible, any content that may generate any such damages, provided that it is duly notified. In particular, it cannot be held liable for damages that may arise from the following circumstances:

Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the control of www.hotelcasavincke.com.
Unlawful intromissions through the use of malware of any kind by any means of communication, such as computer viruses or any others.
Improper or inappropriate use of the Website.
Security or browsing errors caused by a browser malfunction or the use of non-updated versions thereof. The administrators of www.hotelcasavincke.com reserve the right to withdraw, either wholly or in part, any of the content or information on the Website.
www.hotelcasavincke.com is exempt from any liability for damages of any kind that may be due to the misuse of the services freely available for the use of Users of the Website.

Likewise, www.hotelcasavincke.com is exempt from any liability for the content and information that may be received as a result of data collection forms, these being solely for the purpose of responding to consultations and queries. In addition, if any damages are caused by the unlawful or incorrect use of these services, www.hotelcasavincke.com may take action against the User to redress any such damages.

You will defend, indemnify and keep www.hotelcasavincke.com protected against any damages arising from claims, actions or lawsuits from third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify www.hotelcasavincke.com for any damages arising from your use of robots, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or any other action you make that imposes an unreasonable burden on the operation of the Website.

13. DATA PROTECTION

To use some of the Services, Users are required to provide certain personal data in advance. To do so, KOMODE HOTELS S.L will process these personal data automatically according to and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

In this respect, Users may access the policy followed in the processing of their personal data, as well as the establishment of the previously established purposes, in the provisions of the conditions defined in the Data Protection Policy presented by the Website.

You may at all times exercise the rights you are entitled to by law to access, rectify, cancel or oppose the use of your data, in addition to the rights to restriction and erasure, free of charge. To do so, you or your legally authorized representative should send the following documents to the Data Controller at KOMODE HOTELS S.L (Casa Vincke Hotel). NIF: B17110461; Address: c/Blas de Otero, 10, 17200 – Palafrugell – Girona; Telephone: 972.612.116; User Support: +34 872.200.593; Correo electrónico: info@casavincke.com.

Necessary details:

Photocopy of your ID document or passport
Sufficient identification if you are the representative, guardian or tutor of a minor
Explanation and purpose of your claim.
An address for sending communications and a telephone number and email address so we can contact you as soon as possible, and always within ten (10) days.

14. CODE OF CONDUCT

General principles

www.hotelcasavincke.com is committed to ensuring that the content of the services it offers should not:

Induce or promote sexual, racial or religious discrimination or any other kind of infringement of the fundamental rights and freedoms recognized by the Spanish Constitution and other legal provisions.
Induce or incite any illegal actions.
Lead to mistaken conclusions as a result of their inaccuracy, ambiguity, exaggeration, omission or similar.
Induce an unacceptable state of anxiety or fear, or take advantage of or exploit the circumstances of economic, employment or personal need of the User concerned.
Induce or incite any individual to get involved in dangerous or risky practices, or those that threaten their health or mental stability.
Infringe the legal or regulatory requirements regarding the privacy of communications, intellectual property, the right to honour and personal privacy, or any other provision applicable to the nature of the service.
Contain false or obsolete information.
The services that include a request for personal information or personal data, including names, addresses and other information, including a fixed or mobile telephone number, must be appropriate, pertinent and not excessive in relation to the purpose for which they are collected.

15. DURATION AND TERMINATION

The provision of the services of this Website and other services are, in principle, indefinite in terms of duration. However, www.hotelcasavincke.com may decide to terminate or suspend any of the services on the portal. Whenever possible, www.hotelcasavincke.com will announce the termination or suspension of the provision of the service in question in a timely manner.

16. DECLARATIONS AND GUARANTEES

Generally speaking, the contents and services offered on the Website are simply for informative purposes. Consequently, by offering them, www.hotelcasavincke.com does not make any kind of guarantee or declaration in relation to the contents and services offered on the Website, including, by way of illustration, guarantees of lawfulness, reliability, usefulness, truthfulness, accuracy or marketability, except to the extent that such statements and guarantees cannot be excluded by law.

17. FORCE MAJEURE

www.hotelcasavincke.com will not be responsible in any circumstances for the impossibility of providing the service if this is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, insurrection, explosions, floods, government acts and omissions or, in general, all cases of force majeure or fortuitous events.

18. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION

These General Conditions, as well as the use of the Website, will be governed expressly by Spanish law in the field of private international law. Any disputes will be resolved before the Courts of La Bisbal d’Empordà, unless any international law or treaty serves as a special law.

In the event that any of the clauses in these General Conditions should be rendered unenforceable or void by virtue of the applicable law, or as the result of a judicial or administrative ruling, this unenforceability or nullity will not case the General Conditions as a whole to become unenforceable or void. In any such cases, the clause in question will be modified or replaced by another one that is valid and enforceable and which, as far as possible, achieves the objective and purpose reflected in the original clause.

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