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Terms and Conditions

12.04.2021

These Terms and Conditions

(1) This website (the "Site") and/or the Services, including any associated mobile applications (together: the "Services") and the provision of hotel rooms for accommodation and any related services ("Hotel Services") through the Site or the Services, is owned and operated by [insert name and legal form of company] (hereinafter also: "we", "us" and "our(s)"). These terms and conditions ("Terms") set out the terms and conditions on which visitors or users (together: "Users" or "you") may access or use the Site and/or the Services and book hotel services.

(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing the Site, using the Services or booking hotel services. These terms and conditions tell you who we are, how to book hotel services, the terms and conditions of the hotel services and what to do if you have a problem.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and book Hotel Services. Minors need the permission of their parents or legal representatives to use the Services or make bookings for hotel services.

Hotel Services
(1) You may book the hotel services we offer through our Site or Services in accordance with these Terms.

(2) You may select the available hotel room(s) and other hotel services you wish to book and collect them in a basket by making the relevant selection (e.g. arrival and departure dates, type of hotel room, other hotel services) and clicking the relevant button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for hotel services at any time (provided that you will only be charged the amount you agreed to be charged prior to the price change) and to correct any inadvertent pricing errors with effect for the future. Further information on pricing and value added tax (VAT) at the applicable rate and any other applicable taxes, fees or charges is available during the booking process on the Site and in the booking summary. Prices include Value Added Tax (VAT) at the applicable rate and other applicable taxes, fees or charges. They do not include any local taxes payable by you under the relevant municipal law, e.g. tourist tax. Prices are calculated in the hotel's local currency. Price lists for additional items, in particular meals in the restaurant and room service, are posted in the hotel restaurant and bar (if available) as well as at the relevant locations within the hotel and are also available upon request.

(3) Before you click on the "Proceed to payment" button, all the hotel services you have selected, including the total price, will be displayed again in a booking summary. You can then still identify and correct any input errors before making your final binding booking. By clicking the "book with obligation to pay" button, you place a binding order for the booking of the hotel services on the selected date.

(4) We will then send you an automatic confirmation of receipt of your booking order by e-mail, in which the hotel services you have selected are listed once again and which you can then print out or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet constitute our acceptance of this order.

(5) The legally binding agreement on the booking of hotel services is only concluded when we send you an e-mail confirmation. We reserve the right not to accept your booking order. This does not apply in cases where we offer a payment method - and you choose this payment method for your booking order - where a payment process is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract for hotel services is deemed to have been concluded when you have initiated the booking process, as described above, via the "Proceed to payment" button.

(6) The contract can be concluded in [German]. After the conclusion of the contract, the terms of the contract will be kept by us, you will then no longer have access to them.

(7) The prices shown on our site or services are an average price per night per person until a specific rate is selected. Meals or additional services are only included where indicated. Certain rates may be subject to a minimum length of stay, deposit, cancellation charges and other conditions as indicated from time to time.

(8) Maximum occupancy rules apply to hotel rooms. For more information, please contact us directly.

Check-in-/Check-out

(1) Check-in and check-out times are as indicated on our site or services.

(2) Check-out after the regular check-out time (late check-out) may be requested and is subject to availability and will be charged at the rates published by the hotel at the time the contract is concluded. You are not entitled to a late check-out.

Payment

(1) In the case of binding advance bookings of hotel services, the price for the entire booked hotel service must be paid in advance, at the latest upon arrival at the hotel. In this case, the payment method specified at the time of booking as well as a suitable identification document (if required) and the booking number (if available) must be presented upon arrival.

(2) All outstanding amounts must be paid in full upon check-out from the hotel. If the outstanding amounts do not exceed the amount authorised at check-in, the authorisation for the unused amount will be released. This release will take place without unnecessary delay. However, we have no control over how long it takes your credit card issuer or bank for the release to take effect.

Cancellation

(1) The cancellation conditions depend on the booked rate. Please refer to the respective full rate descriptions provided in the booking process for hotel services.

(2) Charges for cancellations or no-shows may be incurred up to the amount of the agreed charges after the relevant time and will be charged at the agreed rate for the payment method specified at the time of booking.

Changes or cancellations by us

(1) If it was agreed when booking the hotel that you can cancel the contract free of charge within a certain period without giving reasons, we are also entitled to cancel the contract within this period (e.g. if contractually agreed advance payments are not made).

(2) In the event of a justified cancellation on our part, you are not entitled to compensation.

Force Majeure

We will not be liable and will not pay any compensation if the performance of our obligations is prevented or impaired directly or indirectly by or as a result of force majeure or other circumstances beyond our reasonable control, including but not limited to flood, earthquake, extreme adverse weather conditions, natural disasters, pandemics, acts of nature, acts of terrorism, fire or failure of electricity, gas, water or other utility services, plant, machinery, computers, vehicles or building collapse and provided that we have not been negligent or at fault in any way.

Right of Withdrawal

You do not have a statutory right of withdrawal from distance contracts when you book hotel services via the Site or the Services.

Liability for hotel services

We are liable for defects in the hotel services you have booked in accordance with the statutory warranty provisions and, where applicable, in accordance with mandatory local laws.

Storage of online payment details

You can save a preferred payment method for the future. In this case, we store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.

Permitted use

(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personal information or impersonate any other user; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware (vii) robots, spiders, other automated devices or manual processes to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.

Intellectual Property Rights

Our Services and related content (and any derivative works or enhancements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set out herein or as required by mandatory law for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.

 

 

Disclaimer of warranties for use of the Site and the Services

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided on an "as is" and "as available" basis without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or upgrades. This does not affect the warranty for hotel services that you have booked in accordance with the "Hotel Services Warranty" section above.

 

 

Indemnity

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.

 

 

 

Limitation of Liability

(1) We shall only be liable in the event of wilful misconduct, gross negligence, negligent injury to life, body or health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or hotel services. A "material contractual obligation" means an obligation the performance of which is a basic requirement for the proper performance of the agreement and on which you normally rely and may reasonably rely. Our liability for a slightly negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly given a guarantee.

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They shall also apply in favour of our managing directors, executive employees or other legal representatives, employees and vicarious agents.

Modification of Terms and Services; Discontinuance

We reserve the right to amend these Terms from time to time at our sole discretion to reflect changes in law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the booking process when you make a hotel booking. The new terms will apply to any new order you place after the effective date of the new terms. Where continuing services used by you are affected by the changes to the Terms, we will take reasonable account of your legitimate interests in doing so. We will notify you of such changes in good time in advance. You will be deemed to have accepted the changes if you do not object to them within two months of this notice. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.

 

We may change the Services, stop providing the Services or one or more features of the Services provided, or restrict the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving any reason and without any further obligation. We will, where possible in the circumstances, give you reasonable advance notice and take due account of your legitimate interests in taking such action.

 

Links to third party websites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.

 

Applicable law

(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).

 

(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

 

Use of premises

Use of the grounds of Agroturismo Can Maiol is at your own risk. Each guest bears sole responsibility for any damage caused by him or her or the property used by him or her, unless an exclusion of liability is agreed. By concluding the contract, the guest declares the waiver of claims of any kind for damages arising in connection with the stay.

 

Miscellaneous

(1) A waiver by either party of any breach or default under these Conditions shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.

(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us entered into under these Terms, or any or all of your contractual rights or obligations, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the booking of hotel services.

(6) The provisions of these Terms which by their nature are intended to survive any such act by us shall survive, in particular in respect of provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section.

Contact

Can Maiol C.B.

Camino Can Maiol, 07260 Porreres, Spain

E-Mail: info@can-maiol.com

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