Legal notice

GENERAL INFORMATION

The domain you have accessed is an internet domain owned by Son Vida Golf S.L. Unipersonal (hereinafter Arabella Golf Mallorca) holder of the tax identification code (CIF) B07265135, located at Camí de Son Vida, 38, 07013 Palma de Mallorca (Illes Balears), registered in the Register of Companies of Palma de Mallorca on 24 June 2002 under registration number 13, volume 1208, book 0, page PM-4080.

In addition to the company’s own address, the following email address is available to users: optout.golfmallorca@arabellagolf.com, where they can send their requests, enquiries or complaints.

OBJECT

This website is owned by Arabella Golf Mallorca and has been created and designed to make public the golf and catering information, products and services offered by our company, and give all internet users general access to them.

Arabella Golf Mallorca will provide the reasonable means to ensure that the content included on the website is accurate and up to date.

TERMS OF USE AND POLICY UPDATES

Your access and use of this website implies that you agree with the general terms and conditions established at the time of access. For this reason, it is advisable to read them carefully each time you access the website. Likewise, certain services offered on the website may contain their own particular conditions that, depending on the case, substitute, modify and/or complete these general conditions.

Arabella Golf Mallorca reserves the right to modify these terms and conditions without prior notice, whenever it is necessary to adapt them to any legislative, regulatory, jurisprudential or administrative change, or to adapt them to any changes in the services provided.

Users are advised to periodically read these policies in order to be aware of any changes that may be made to them.

ACCESS TO THE WEB

As a general rule, access to the website is free. However, there are accesses to certain areas of the website reserved for registered users; in this case users must keep the password secret. Therefore:

•The access profiles and passwords used must be confidential, personal and non-transferable. The holder is responsible for their use.

•Users must not store their password in a readable form in files on a disk, paper or any other type of storage medium where it can be accessed.

•The data security system is directly linked to the use of passwords. These must be specially protected and any incident that compromises their confidentiality must be immediately communicated to Arabella Golf Mallorca

And in general users shall take all necessary measures to ensure and safeguard the confidentiality of their password

Insofar as permitted by applicable legislation, you agree to be responsible for all activities carried out from your account or using your password.

Arabella Golf Mallorca reserves the right to interrupt access to its website, at any time and without previous warning, whether it is for security reasons, control, maintenance, electricity supply errors or for any other cause. Consequently, in the event of the aforementioned events, the reliability, availability and continuity of the website is not guaranteed.

LIABILITY

Access to the website is voluntary and therefore responsibility of the user, who will be liable for any direct or indirect consequences that could arise from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the failure to meet the expectations generated by our website. The user is obliged to hold Arabella Golf Mallorca harmless for any claims derived, directly or indirectly, from such events. Arabella Golf Mallorca is not responsible for any damages that could derive from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the performance of this website or in the users’ devices and computer systems, due to reasons beyond the control of Arabella Golf Mallorca, which prevent or delay browsing or the service provision, or any delays or blockages in use caused by deficiencies or overloading of the internet or other electronic systems, or the impossibility of providing the service or allowing access for reasons not attributable to Arabella Golf Mallorca, due to the user, third parties, or cases of force majeure. As a general rule, Arabella Golf Mallorca does not control the users’ activities on the website.

Arabella Golf Mallorca is not responsible for the information contained in third-party websites that can be accessed through links on the website. The purpose of these links is to inform about the existence of other sources of information on the internet. Under no circumstances does it imply a suggestion, invitation or recommendation. Therefore, Arabella Golf Mallorca is not responsible for the results obtained via these hypertext links.

Under no circumstances is Arabella Golf Mallorca responsible for the advertising contents that the website could contain. It corresponds to the advertisers to ensure that the material sent to be included on the website adheres to the applicable legislation. Arabella Golf Mallorca is not be responsible for any error, inaccuracy or irregularity that the advertising contents could contain.

Any person using the website is considered a user; consequently, you agree that the use is under your exclusive responsibility. The user undertakes not to use the information, activities, products or services that Arabella Golf Mallorca makes available to them to develop activities contrary to law, morality or public order and, in general, to use them in accordance with these general terms and conditions. In any case, the user will be responsible for damages of any nature that Arabella Golf Mallorca may suffer as a consequence of the non-fulfilment of any of the obligations to which he/she is subject by this Legal Notice, or in its case, by the particular applicable conditions.

OBLIGATIONS OF WEBSITE USERS

In general, users are obliged to comply with these general terms and conditions and any particular condition established in the services provided, as well as to comply with the warnings or instructions of use contained on the website and to always act in accordance with the law, good customs and requirements of good faith, using due diligence, and abstaining from using the website in any way that could prevent, damage or deteriorate its normal performance and the assets or rights of Arabella Golf Mallorca, its suppliers, the other users or of any third party in general.

Minors are prohibited from accessing and using the portal without the express consent of their parents. Arabella Golf Mallorca is not responsible for the truthfulness and accuracy of the data filled in by the user and therefore is unable to verify the age of the minors.

Specifically, and without this implying any restriction to the previous section during the use of this website, the user agrees to:

a)Provide truthful information about the data provided in the forms that enable access to the services, and to keep them updated.

b)Not enter, store or disseminate on or from the website any information or material that is defamatory, defamatory, obscene, threatening, xenophobic, encourages violence or discrimination on grounds of race, sex, ideology, religion or violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of others in any way, and current regulations in general.

c)Not enter, store or disseminate via this website any program, data, virus, code, or any other electronic or physical device that could cause damage to the site, any of the services provided, or any of the equipment, systems or networks belonging to the owners, any other user, the owner’s suppliers or any third party in general.

Not enter, store or disseminate via this website any content which, in accordance with the law, they do not have the right to make available to a third party.

d)Diligently keep the passwords used to access the services that require them and to which they have signed up. The user shall assume the responsibility for any damages that may arise from using the passwords unduly.

e)Not carry out advertising or marketing activities via the website. Neither shall they use the content and information of the website to send advertisements, or messages with any other commercial purpose, nor shall they collect or store personal data of third parties.

f)Not use false identities, or impersonate the identity of others when using the website or any of its services, including the use of passwords or access codes belonging to third parties, or in any other way.

g)Not destroy, alter, use, render useless or damage the data, information, programs or electronic documents belonging to the owners, its suppliers or third parties.

ONLINE SALES

Responsibility of the online shop

In addition to the responsibilities described in the LIABILITY section of the general terms and conditions set out on the website, when online sales are made via the website, considering the nature of the service, we undertake to:

Make our best efforts to ensure the uninterrupted availability of the online sales services, as well as the absence of errors in any transmission of information that could take place. However, due to the nature of the internet, this is impossible. Also, your access to the services offered by our website may occasionally be suspended or restricted in order to carry out repair or maintenance work, or add new products or services. Seek to limit the frequency and duration of such suspensions or restrictions.

Nor shall we be responsible for any delay or failure to perform our obligations under these terms and conditions if such delay or failure is attributable to circumstances beyond our reasonable control. Arabella Golf Mallorca will not accept any responsibility for the following losses: loss of income or sales, loss of business, loss of profit or contracts, loss of anticipated savings, loss of data and loss of management time or office hours. This provision does not affect the customer’s right to receive the product or service within a reasonable time or to receive a refund in the event we are unable to provide such product or service within a reasonable time for any reason beyond our reasonable control.

The legislation of some countries may not allow some or all of the aforementioned limits of responsibility. If such legislation applies to you, some or all of these limits may not apply to you. In addition, such legislation may give you additional rights to those provided herein.

Although we try to ensure that all prices listed on the website are correct, errors may occur. In the event that we discover an error in the price of any of the items that you as a customer have ordered, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price, or cancel it. If we are unable to contact you, the order will be considered cancelled and you will receive a full refund of any money you may have paid.

Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.

Our contract

To ensure that you are aware of your terms of engagement, please read carefully our legal notices, policies, terms and conditions, and regulations, all of which govern your use of the website services. By using our services, you agree to the terms and conditions set forth in the sections.

When you place your order, we will send you an email confirming receipt.

All purchases of products purchased via this site will be considered validly made by the user, and will be binding, whether the products are purchased after identification and authentication, using the user name and password provided, or via email. Consequently, the user shall be solely responsible all products purchased via this website by any third party who, with or without the user’s consent, makes use of the user’s username and password, or e-mail address.

The placing of orders via this website by a minor who gives false registration information will be understood to have been made under the supervision and authorisation of their parents, guardians or legal representatives.

Prices and availability

All prices include legally applicable taxes (VAT).

When we process your order, we will inform you as soon as possible by email if any of the products included in your order are not available. In this case, we will not charge you for the product.

Modification of the terms of sale

We reserve the right to make changes at any time to our website, policies, and terms and conditions, including the terms of sale on our websites. You will be bound by the terms and conditions, policies and terms of sale in effect at the time you place your order, unless the law or public authorities establish the need to change these terms and conditions, policies or terms of sale (in which case, the changes may apply to any orders you have previously placed). Should any of these terms and conditions be declared invalid, void or for any reason ineffective, it shall be deemed excluded without the declaration affecting the validity or enforceability of the remaining terms and conditions.

Waiver

In the event you breach these terms of sale, even if Arabella Golf Mallorca is not able to exercise any rights available to it at that time, Arabella Golf Mallorca may make use of such rights and actions on any other occasion on which you breach these terms of sale.

LINKS TO THE WEBSITE

Any internet user who wants to include a link from this website to their own website will require the previous express authorisation in writing from Arabella Golf Mallorca.

ADVERTISING PURPOSES

Only if you expressly declare your consent when requested or in the legitimate interest of Arabella Golf Mallorca in its own products when you are our customer, we will use your data to send offers and advertising through the email account you provide us with, other equivalent electronic media, or non-electronic means. In any case, the user can revoke this consent at any time by sending an email indicating their desire not to receive commercial emails optout.golfmallorca@arabellagolf.com.

INDUSTRIAL AND INTELLECTUAL PROPERTY

All the content of the website, including but not limited to texts, photographs, graphics, images, icons and other audiovisual or sound content, as well as its graphic design and source code (hereinafter, the content), is the intellectual property of Arabella Golf Mallorca or, where applicable, third parties, unless otherwise specified. Likewise, the brands, commercial names or distinctive signs are the exclusive property of Arabella Golf Mallorca or, where applicable, of third parties, unless otherwise specified.

The reproduction, transformation, distribution, publication, making available, extraction, retransmission or use, of any nature, means or procedure, is prohibited, except in cases where it is legally permitted, i.e. authorised by the owner of the corresponding rights.

However, the user may view and obtain a temporary private copy of the content for their exclusive personal and private use on their computer system, provided that it is not for the purpose of developing activities of a business or professional nature, as well as their distribution, modification or alteration.

The infringement of any of these rights could constitute a breach of these terms and conditions, as well as a crime punishable under articles 270 et seq. of the Criminal Code.

MINORS

We do not sell products to minors. The products we sell must be purchased by adults. Children under the age of 18 may only place orders on this website under the supervision of a parent or legal guardian.

DATA PROTECTION

Arabella Golf Mallorca complies with current legislation on personal data protection. For more information see the Privacy Policy.

USE OF COOKIES

You can consult the use we make of cookies by accessing the Cookies Policy section.

APPLICABLE LAW AND JURISDICTION

The services provided on this website and the necessary legal requirements are governed by Spanish law. In the event of possible disputes, the parties, at their own discretion, submit to the Spanish courts that correspond to either Arabella Golf Mallorca or the user, waiving the rights to any other to any other jurisdiction they might have recourse.

The purchase of online products between Arabella Golf Mallorca and the user shall be governed by Spanish law, unless other legislation is mandatory. In the event of dispute between Arabella Golf Mallorca and the user, the latter may bring legal action before the Spanish courts that correspond to the owner’s registered office, or before the courts of the user’s place of residence.

WE ADVISE YOU TO PERIODICALLY REVIEW THIS LEGAL NOTICE

Last modification date: 02/11/2021