BOOKING CONDITIONS AND CONDITIONS OF USE
http://www.portvil.com/ is an internet domain that belongs to PORTVIL, S.L., with the company number B07620305 , address :- C/ Temporal, 19, 07.469, Cala Sant Vicente, Pollença, Baleares, registered as a company specialized in holiday rentals.
2. Conditions of General Use.
On entering the Website the User accepts this Legal Notice with all its conditions of use.
This Legal Notice is obligatory and binding; any person not accepting of its conditions should refrain from using the Website and/or services promoted by the Website Owner therein. These conditions do not imply any partnership contract, mandate, franchise or work relations between the Owner and the User.
3. Applicable regulations
This Legal Notice is subject to the provisions of the Law of Protection of Personal Data, 3/2018 and The Law for the Safeguard of Digital Rights, 5 of December 2018 (LOPDGDD), EU Regulation 2016/679 of the European Parliament and Council of 27th April 2016, relating to the protection of an individual´s personal data and the free circulation of such data and the repeal of the 95/46/CE Directive (General Regulation of Data Protection) , the Law 34/2002 11th July, for the Services of the Society of Information and Digital Commerce, the Royal Decree- law 13/2012, of 30th March, by which directives are transposed for internal electricity and gas markets and electronic communication markets, and measures are taken to correct deviations due to misalignments between costs and income in the gas and electric sectors, and specifically the Organic Law 4/2015, 30th March for the protection of Citizen´s Security , the compact made in the Schengen Agreement, Decree 1513/1959 of the 18th August and the International Order 1922/2003 , Law 2/2016 , 30th March relating to taxes for tourist stays in the Balearic Islands, as well as any later regulation that may modify or develop these provisions.
Both the access to the Website belonging to the Website Owner and the use of the information and contents therein will the sole responsibility of the person using the site. The conditions of access to the Website will be subject to the current legality and the principles of good faith and lawful by the User, and any act to the detriment of the Owner is prohibited in general terms. Any use of the Website by illegal or non-authorized means is strictly forbidden.
The owner reserves the right to modify, at any moment, the presentation and configuration of the Website, as well as this Legal Notice. For this reason, the Website Owner recommends that the User read carefully the conditions on accessing the Website. The Legal Notice will always be visible and freely available for any consultation.
5. Description of the Services.
www.portvil.com is the Owner´s Website and is used as a work tool both for information and booking of the services provided.
There is a private area in the Website exclusively for agents dedicated to the rentals of holiday accommodation.
To access the contents offered through this restricted area it is necessary to be registered beforehand, for which the User will need to contact the Website Owner. To enroll as a registered User confirms that the person is of legal age, able to contract or count on the express authorization of his/her legal guardian and that (from this point forward known as the ¨registered user¨) he /she accepts all the conditions of this Legal Notice. Once registered, the User can access the contents on offer, while being subject to the terms and conditions specified.
The user´s ID is made up of the email address and a password, which will require activation by the Website Owner. We recommend the use of a secure password that contains a high number of characters, not to use common words or names, and to combine higher and lower case, numbers and symbols.
The User´s ID and the password are personal and not transferable, and should never be given, even temporally, to any third party. In this way, the User commits to a diligent use and to keep these details private, assuming all the responsibility for any divulgence of details to any third party. In the case that the User knows of or suspects the use of his/her password by any third party, it should be notified to us immediately.
The Website Owner can interrupt any User´s access for any non-ethical, offensive, illegal or incorrect use of the contents or services in this Website and / or contrary to the interests of the Owner. Also, the Owner reserves the right to reject any registration request or to cancel any previously accepted registration without the obligation to communicate or explain the reasons for the decision and without any recourse to any rights of indemnity or redress.
The Website Owner reserves the right to interrupt or cancel the Website or any of the services within at any moment and without notice, for technical reasons or of any other nature, also being able to modify unilaterally either the terms of access or part or all of the contents within without detriment to the rights acquired at that moment.
The links contained in the Website may direct to third party Websites. The Wesite Owner assumes no responsibility for the content, information or services that may appear in these sites, that are exclusively informative and in no way imply any relationship between the Owner and the persons or ownership companies of these contents or owners of the sites in which they appear.
The Website Owner takes no responsibility in any way for any damage that the Users may cause to the Website or to any other party, through its illegal or improper use or through its content and facilitated information accessible within it.
The Website Owner will not be responsible for the infringements caused by the Users of the Website that may affect third parties.
The Website Owner does not guarantee the reliability, availability nor the continuation of the Website and its Services, therefore the use of it and its services by the User is carried out on his/her own and at his/her own risk without at any moment this being the responsibility of the Website Owner.
The Website Owner takes no responsibility for any interruption for the services, delays, malfunction of the Website and, moreover, any other inconveniences which may arise due to causes out of control of the Owner, and /or through malicious acts by the User and/or which may arise by chance or by Force Majeure. Notwithstanding the content of Article 1105 of the Civil Code, all events occasioned out of control of the Owner may be included such as: failure of third parties, Operators or Service Companies, Government Acts, lack of access to third party networks, acts or omissions of Public Authorities, or any others caused as a consequence of natural disasters, interruptions in supply, etc and hacker attacks or third parties specialized in the security or integrity of computer systems, provided that the Owner has adopted reasonable security measures in accordance with up to date systems. In any case, be whatever the cause may be, the Owner assumes no responsibility for either direct or indirect damage, damages and / or lost profits.
The Website Owner will attempt as far as possible to update and rectify any information in the Website that may not comply with the minimum guarantees of truth. However, be advised that there may exist an unintentioned error and that the User is free to check the content.
The Website Owner will not be responsible for the use of the website by outsiders or references that may exist in other sites.
Likewise, the Website Owner makes available for the Users a virtual space that allows the purchase of various products, but that are not produced by the Owner who acts only as seller and distributor and the manufacturers are those ultimately responsible for the quality and content of each product. The Owner will seek to ensure that the products on offer are of the maximum quality and will facilitate any returns or exchanges if a product does not satisfy the Users for a valid motive.
The Users cannot make any claim for compensation from the Website Owner for any claim or demands relating to third parties whose activities are promoted on the Website or for any breach of the Legal Notice and other policies that may seem to be incorporated in this document, or for breach of whichever laws or third party rights.
10. Nullity and Inefficiency of the Clauses
If any clause included in the Legal Notice or in the rest of the legal and informative texts of the Website were declared, either wholly or partially, null or inefficient, this nullity or inefficiency will only affect the said provision or the part of the same that is null or efficient; the remaining conditions established in the remaining part of the affected clause, are not to be included.
All notifications, requirements, requests and other communications that would be made by the parties in relation to this Legal Notice or remains of legal and informative texts, should be made in writing and that it is understood that they have been properly carried out when they have been delivered by hand or sent by normal post to the address of the other party or to their email address, or indeed to any other address or email that each party may indicate to the other.
12. Intellectual and Industrial Property.
The intellectual property rights of this Website, its source code, design, its browsing structures and the distinct elements contained therein are the exclusive ownership of the Website Owner who exercises the rights of exploitation of said contents in whatever form and, especially, the copyrights, distribution, public communications and processing, in accordance with the corresponding Spanish and EU legislation.
It is totally prohibited either total or partial copyright of the contents of the Website without the express written consent of the Website Owner, with the exception of the website development company. The non-authorized use of these contents by any person or business will have recourse to the established legal liability.
The Website Owner will commercialize the products with registered brands and with various trademarks the suppliers may show. These are the legitimate owners of the registered brands and of the promotional material that may be made use in promoting products and they give the appropriate authorization for their use without conceding any ownership in any case, the provider being the sole entity answerable to any action made by a third party with relation to the use of the Trademark, exempting the Owner of any liability over the rights of intellectual property.
Any method of exploitation, including all types of copyright, distribution, assignment to third parties, public communication and processing, through any kind of support or medium, of the previously mentioned production, creation and trademarking without express and previous authorization of the respective Owners, is prohibited. Non-compliance of this prohibition will constitute an infraction punishable by the legislation in force.
It is prohibited, except in cases expressly authorized by the Website Owner, to present this Website or the information contained within, under frames or settings, trade markings, branding or social or commercial designations of another person, company or business including expressly any photographic content considered the exclusive property of the Owner.
The breach of any of the aforementioned rights may constitute an infringement of the current conditions, as well as an offence punishable under the article 270 etc. of the Penal Code.
Those users that send observations, opinions or comments by email of any other medium, and through the natural course of the services, understand that they authorize the Website Owner for copyright, distribution, public communication, processing, along with the exercise of any other right of exploitation, of any such observations, opinions or comments, with all the protection of copyright provided for legally and without territorial limits. Likewise, it is understood that this authorization is made free of charge.
The Website Owner advises that he cannot be considered responsible for comments or any kind of contribution of third parties in his website or any other sites linked to it, and that they do not represent in any way, the opinion of the Owner and he reserves the exclusive right to delete them if they are considered, according to his criteria, not correct or act against the interests of the Owner or a third party,
The Website Owner takes no responsibility for the use that the user makes of the Website services, as well as any material that he may include in the current Website, that may infringe the rights of intellectual and industrial property or any other rights of third parties.
For any questions that arise about the interpretation, application and fulfilment of this Legal Notice, as well as any claims that derive from its use, all the intervening parties should submit themselves to the appropriate Judges and Courts according to their jurisdiction.
GENERAL BOOKING CONDITIONS
The Website offers an online booking service for accommodation, including a 24 hour service. It is simple, direct, with all the advantages of being able to offer a wide range of up to date accommodation available to book from any place with connection to the Internet
All the prices are in Euros and any reservation made through the Website includes Value Added Tax (VAT) but not the Balearic Tourist Tax (Ecotax) which will be added to the price of the booking.
The Website Owner reserves the right to modify the prices at any time, but the cost of the rental will be billed on the basis of the rates in effect at the time of booking unless there is a typographical error.
At the time of booking, the User is charged 30% of the total price as a deposit, and must pay the balance of the agreed price at least 30 business days before the day of entry.
The User should not interpret the higher cost of a reservation as a sure sign of a higher quality of accommodation, as not in every case is there a direct proportional relation between price and quality.
The Website Owner uses a rating system for the quality of the different properties that are offered by assigning one to five stars, with five being the highest quality. The qualification is made based on the personal assessment made by the Owner´s staff members, thus there may be a difference between a certain User´s assessment and that of a staff member. For this reason, the ratings must be interpreted as a guideline, not at all binding or indicating any responsibility on the part of the Owner.
The Website Owner reserves the right to reject an order from any User with whom he has a dispute or there have been problems in the payment of previous bookings.
Likewise, the User is informed of the following House Rules for all booking:
Description of the property.
The Website Owner declines any responsibility for any inaccuracies that may occur with respect to the information and descriptions that appear on the website and that are beyond its control. In some areas there may be interruptions in the supply of water or electricity, and the Owner cannot be held liable for these events or any other lack of services beyond what is within his control.
Under no circumstances may the number of people be greater than that indicated maximum allowed shown on the website for any property. Exceeding the maximum capacity without the prior consent by the Owner could lead to the cancellation of the contract without the right to compensation. The property that you rent is exclusively for holiday use, and under no circumstances may it be used for other uses, such as banquets, parties, filming, etc. To make use of the property for any other reason than the simple holiday experience, just as in exceeding its maximum capacity without the prior, and express, consent of the Owner will entail the termination of the contract with immediate effect and without right to any type of refund.
How to access the property.
Once the reservation is formalized, the client will receive a voucher in which the name of the person who made the reservation appears, the date of arrival, the number of nights in which the User / s will stay to sleep in the house, the description of the property, and the directions of how to go from the airport to the property booked. Along with the directions, the client will find an explanation to where the keys of the house will be, and three telephone numbers that will be at their disposal in case of any problem. The client should print this voucher and take it with him/her throughout his/her stay. In case you do not receive the voucher, or if part of the information described above does not appear on it, you should contact the Website Owner immediately and it will be sent again.
It is recommended to those customers who arrive at night to take a torch with them.
Time of entry and exit of the property.
The properties can be occupied from 4:00 p.m. To be able to prepare the properties properly for new arrivals, on the day of departure these must be vacated before 10:00 a.m.
Health and Safety.
If the client or any other person traveling with him/her is pregnant or suffering from any type of illness, he should consult his doctor before traveling abroad.
The Website Owner takes the safety of his clients very seriously. For this reason, clients are advised to be especially careful and alert. In the event that they lose any valuables during their stay due to theft or similar, the User must immediately contact the local authorities and proceed to report the facts. Otherwise, it will be difficult for them to receive any compensation from the travel insurance they may have contracted. It is also recommended that they make use of the safe. Virtually all properties have a safe.
Neither the property owner nor the Website Owner are responsible for any theft or robbery that may take place during your stay.
Safety of children.
It is the responsibility of the client to ensure that children are not left at any time without adult supervision, especially in the vicinity of balconies, swimming pools, stairs, etc.
The cleaning service includes the change and the preparation of the sheets once a week, and the change of the towels twice a week.
The client must take into account that beach towels / swimming pools are not supplied.
The client must not use the towels provided on the property to go to the beach, nor in the vicinity of the pool.
Swimming pools, gardens and general maintenance
The maintenance of the properties is the responsibility of the owner or any other authorized personnel. The gardens should be maintained very regularly, and therefore it is impossible to take care of them only during the changeover days.
As for the maintenance of the pools, this usually takes place twice a week. However, neither the personnel in charge of the maintenance of the swimming pools nor the one in charge of the maintenance of the gardens have fixed schedules, for which reason it will not be possible to warn in advance of the exact moment in which they will perform these tasks.
For this reason, the cooperation of the client is requested when the Owner�s staff visits him, because the properties must be well maintained in order to provide the User with the greatest possible well-being and satisfaction.
The kitchens include an oven, fridge / freezer, basic kitchenware, cutlery and crockery. In some properties the washing machine is also located in the kitchen area. Other properties also offer other services, such as dishwashers. For more details, the client must contact the Website Owner. The client must bear in mind that cleaning products are not usually supplied.
Almost all of our properties have a safe. If the client has an interest in knowing if a specific property offers this service prior to formalizing the reservation, he should contact the Owner.
Air conditioning devices.
The Website Owner declines any responsibility for the mechanical failures that could affect the air conditioning units that any accommodation may have. In the event of a failure of this type, the Owner will endeavor to repair the equipment as soon as possible, although the client must be aware that there may arise a problem that is outside the control of the Website Owner.
While the fault is resolved, the client will be provided with fans.
Parasols and Sunbeds
Most of the properties have a covered terrace, but not all of them. Similarly, not all properties have umbrellas, and some may not have enough chairs for the maximum capacity of the property. Due to the many breakages that happen over time, the type of parasols and sunbeds that appear in the photographs of the website may differ from those that the client may find in the property. Any responsibility for such possible changes is not accepted.
Rent a Car
The client must bear in mind that to get to most of the properties it is essential to have a car. In general, vehicles may be picked up by the clients at the airport upon arrival of their holiday, and returned on the day of departure. The client must check the distance to the beach or to the nearest town to make sure if he needs a car or not. In case you need more information, do not hesitate to contact the Website Owner.
If you need help with car rental you can contact the Website Owner.
The Website Owner is not specialized in offering holiday stays for disabled travelers. Many of the properties are not equipped to offer minimum services to disabled travelers, and may not be suitable for those travelers who use a wheelchair. It is important that before booking, contact the Owner so that you can be informed about the type of property that best suits your needs.
Cot and High Chairs for babies
If the client needs a crib or a baby seat, it must be requested at the moment of the reservation, in such a way that the Website Owner can provide such equipment on the day of his arrival. You will not have to pay any extra amount for the first cots and high chairs. The second cot and/or high chair is charged at a cost of 30 EUR per week per cot/high chair. These will be supplied locally, and may differ in their characteristics from those used in your own home
Insects / animals.
Mosquitoes, ants and other insects are endemic to hot climates, especially in rural and farming areas. Insecticides are a good repellent, but it also helps to maintain the house in a clean condition, especially in the kitchen, where the garbage should be emptied regularly. Mosquitoes can be kept at bay by a good repellent, which can be purchased in pharmacies and supermarkets.
Many of the properties are surrounded by gardens, so there may be mice and other field rodents. In the same way, farm animals can also be found nearby. Sometimes dogs and cats walk around without any surveillance. Unfortunately, these kinds of circumstances are inevitable. Please be patient if they occur.
Building work and noise are inevitable as the demand for the new constructions or the reform of existing ones increases. Therefore, it may happen that works are carried out by individuals or by public entities. Some of the properties are located in residential areas and could be seen/heard in the vicinity and over which the Website Owner has no control. In case this happens, the client is asked to show patience and understanding.
If in the description of the property it is indicated that there is satellite television, the client can count on at least the reception of an English/German channel that is not for payment. Payment channels are not available, unless otherwise indicated in the property description.
Unless otherwise stated, there are no telephones in the properties. We recommend that the clients bring with them a mobile phone, so as to able to use in an emergency
The vacation properties belong to private people, and have been decorated according to the taste of each owner. Therefore, the quality levels and styles of each house will inevitably differ. The Website Owner does everything possible to offer a concise description of each property and to offer both interior and exterior photographs. The User (client) must also take into account that due to the type of furniture used, in some properties it may be that the living room or kitchen does not have enough space to accommodate all occupants at once.
Most of the photos of the properties have been taken with a 16 mm lens, with the sole intention of showing the maximum possible of each room in a single photograph. If the client wishes to receive more information on the size of the room, he should contact the Website Owner.
Internet connection/ Wifi
The User must take into account that there is only internet / Wi-Fi connection in those properties where the description specifies. Many of the properties are located in the countryside, in rustic localities, and the connection can be relatively slow, being perhaps inadequate for a significant download of data, as in the case of movies, watching television online, etc. In the same way, the resolution of possible faults and incidents may require time, especially if the connection to the Internet is via satellite.
Finally, we must bear in mind that the Wi-Fi signal may not cover the entire property, having rooms with a very good signal, and other areas of the property with less or none.
It is the client´s responsibility to ensure the validity and in date nature of their passport and credit cards (if applicable) as well as any other document that may be necessary for travel.
The Website Owner reserves the discretionary right to terminate the Client�s holiday and any other service contracted if the behaviour of any of the occupants is inappropriate, especially in front of any of our employees, third parties, owners/ personnel of that property . In such a case, the immediate cancellation of the stay will be carried out without any compensation (not even for the expenses that may be incurred in the search for alternative accommodation). The Website Owner also reserves the right to reject any reservations considered to be prejudicial or inconvenient to the owner of a property.
2. Obligations of Users (Clients)
Any User who makes a purchase through this Website states that he/she is of age and, where appropriate, fully capable to use a means of payment and that said means are sufficient to cover all costs resulting from the purchase of products ; the User also declares to accept fully and without reservations all the conditions of this Legal Notice.
Before making any order it is the User�s obligation to register in advance on the Website. The User may establish one or more requests for the purchase of products or services offered through the Website.
When making an order, the User accepts the specifications and characteristics of the product offered, for this purpose the Website Owner indicates that the products shown in the photographs of this Website may suffer slight differences with respect to the final product in terms of size, color, components , etc. by availability of products with the manufacturers. The aim of the photographs is for the orientation of the User and a presentation of a property, without assuming in any case contractual images. The Owner assures in any case that any of these differences will not imply a worse quality of the products.
3. Booking conditions
Once the booking is formalized, the User will receive a voucher on which the name of the person who made the booking will appear, the date of arrival, the number of nights in which the User / s will stay / sleep in the house, the description of the property, and the directions of how to get from the airport to the reserved property. After the directions, the User will find an explanation that will indicate where the keys of the house will be, and three telephone numbers that will be at their disposal in case of any problem. The User must print this voucher and take it with him throughout his stay. In case you do not receive the voucher, or if part of the information described above does not appear on it, you should contact the Website Owner immediately and it will be sent again.
4. Payment Methods and Security
For the User´s convenience we provide different ways to make a payment
1) Credit Card
- This form of payment is immediate, totally secure, and verified by the secure servers of our redsys payment gateway. Under no circumstances will the credit card information be revealed.
The accepted cards are: Visa, Maestro and MasterCard
Only secured credit cards will be accepted to avoid any possible risk or fraud. The secured cards are associated with security keys and, when the payment is finalized, it is transferred to the payment gateway of the bank, where these keys must be entered. If you do not have a secured card for online payments, the bank must provide the necessary information and passwords.
2) Bank Transfer
Those who prefer this method will be given all the details necessary for a bank transfer to the Owner´s bank account.
5. Right Of Withdrawal
According to Law 3/2014, of March 27, which modifies the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, in its art. 103, the right of withdrawal will not apply to contracts that relate to (among others):- The provision of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.
There is therefore no right to withdrawal.
6. Changes and cancellations
If after confirming the reservation the User wishes to modify any of the conditions of the same, such as the day of departure or the property that has been booked, any possible change will depend on the availability, although everything possible will be done to make the change.
Any request to modify the reservation must be made by the User in writing. In the event that the User wishes to change to another property, this will be considered as a cancellation of the reservation, and cancellation fees will be the same as those that are taken for the holiday cancellation option.
Cancellation of Holiday.
The User can cancel his reservation at any time. For this the User who made the reservation must send a written notification to the Website Owner. However, if the User cancels, he must pay compensation for losses, since from the moment the reservation is made, the Owner incurs a series of expenses.
The following cancellation fees will apply:
• More than 30 days before the date of arrival: 30% of the cost of the property.
• 30 days or less before the date of arrival: 100% of the cost of the property.
Cancellation of the reservation by the Website Owner.
The Website Owner reserves the right to cancel your booking at any time. In the unlikely event that the Owner has to cancel the User�s booking, for whatever reason, and / or due to circumstances beyond their control (such as restoration of property, breakdown of the main services, building works in the near vicinity to the property you have reserved, etc.) everything possible will be done to offer you an alternative of similar characteristics or a higher level, depending on the existing availability. If the alternative offered is a lower price than the property originally reserved, the difference will be refunded. If the alternative that is offered is more expensive, you will not have to pay any extra amount. If the alternatives that are offered are not to your liking, then we will refund the full price you paid for the reservation. The cost of airline tickets, car rental and for any other reservation that has not been made through the Website Owner, will not be refunded.
The Website Owner will not pay any compensation if the reason for the cancellation of the reservation is due to acts of war, terrorism, uprisings, industrial disputes, terrorist activities, natural or nuclear disasters, fires, adverse weather conditions or any other unforeseen circumstance that may be catergorized as Force Majeure; or any other cause that, although foreseen, was especially harmful.
The Website Owner undertakes not to make bookable by Users a product that is not available except in the case of computer error or any other most unlikely situation. In the event that this unfortunate incident occurs, the Owner will undertake to inform the User and reach a satisfactory agreement with the User.
On the Website, when accessing the information of each property, the User can check in a calendar the days of availability which are shown in green.
8. Customer Service and complaints.
If the User has a complaint or any other type of problem during his/her stay, he/she can contact the Website Owner through the following telephone numbers: (0034) 971 53 42 27 / (0034) 971 53 22 09 (Monday to Saturday , except holidays and Sundays, from 09:00 to 13:00 and from 15:30 to 19:00). In case of extreme emergency outside these hours you can contact at (0034) 669 955 140 (mobile phone).
Only complaints made during your stay are accepted. In case of technical problems (such as lack of water), the Website Owner will send their technicians or any other authorized person to solve the problem. Please bear in mind that the fact that a telephone support service is available 24 hours a day does not mean that you have a maintenance service that works 24 hours a day. Those problems that are not considered as an emergency will be resolved as quickly as possible, but they may not be solved immediately (especially during the hours of the night).