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Legal Notice
In accordance with Articles 10 and 11 of Law 34/2002 of July 11th, Society's Information and Electronic Commerce Services is available to users and visitors legal information on the entity that owns the website located at the Internet address www.sbhfue.com.
WEBSITE HOLDER ADMINISTRATORS
Corporate name: FUERT CAN, S.L.
CIF: B-35108547.
Address: Calle General Vives 71
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Corporate name: VENEGAS 90.0 SL
CIF: B-76010032.
Address: Calle Doctor Verneau 1 - Oficina 108
E-mail: comercial@sbhfue.com
Phone number: +34 928875982 Fax: +34 928547104
Registered in the Commercial Registry of Las Palmas T1855, F 223, S 8, H GC 7761, I/A 34.
Activity: Hotel/Alojamiento Hotelero.
a) To use this website as a visitor or to register and access the services provided by www.sbhfue.com, you need to accept the following service terms:
A) The user accepts this service terms.
B) If the user does not accept the following terms, they will not be able to use this website, nor to Access the services provided by FUERT CAN, S.L.
b) CORRECT USE OF THE WEBSITE
c) The present terms and conditions regulate the access and the use of this website www.sbhfue.com. The use of this website confers you the status of site user from the very moment that you access and start browsing this site, accessing any of its contents; from this very moment, the user expressly accepts the present general terms and conditions. Likewise, the user accepts the specific conditions applicable to the different services offered by the company through the web. From the moment of acceptance of these terms and conditions, the user commits to use this website and all its contents and services in accordance with the law, as well as the generally accepted rules of good practice and public order. Furthermore, the user agrees to act with the diligence corresponding to the nature of the services received through this website.
d) Through its website, FUERT CAN, S.L. grants users Access and usage of different information and services.
e) The website has free access for users. Users agree on using the webpage in accordance with the Law, with these conditions, with moral and rules of good practices generally accepted, and with public order.
f) Generally, for services and information access on the webpage there is no required subscription or user registration. However, FUERT CAN, S.L. makes a condition for some of their services user registration, or filling a form to collect certain data. Such registration will be done in the specific way that is indicated on the webpage or in the particular conditions that regulate such particular service.
g) From the moment these conditions are accepted, users agree on using the webpage www.sbhfue.com, in accordance with the Law, with these conditions, with moral and rules of good practices generally accepted, and with public order, using the diligence that is required from the nature of the service that they are using through the webpage www.sbhfue.com.
The company has the right to modify unilaterally, anytime, and without previous notice these conditions. In that case, the new modifications will be published and announced in advance as much as possible. In any case, they have to change the web and its configuration unilaterally, anytime, and without previous notice.
This Legal notice is only valid for the website and its contents owned by the company, and are not applicable to third parties’ hyperlinks or websites accessible through the webpage. The company is not responsible for the content of any of the linked webpages, nor for any link included within a webpage accessible through the company’s website.
The content of this webpage is exclusively owned by the company, and, for expository purposes, not limitative, the graphic design, source code, logos, texts, graphics, illustrations, photographs, and any other element that appears in the webpage. Likewise, any trade name, brands or distinctive signatures of any sort contained in the website are protected by the intellectual and industrial property law. It is the company who has the rights to exert their exploitation rights of such intellectual property, in any deemed way, and, especially, the rights of reproduction, distribution, and public communication. User is expressly forbidden from using without explicit consent any intellectual or industrial property from the website, not even partially, and/or their contents.
The company has the right to pursue legal action against any user that reproduces, distributes, commercializes, transforms, and, in general, any other sort of exploitation in any way, of all or part of the website contents that constitutes an infraction of their Intellectual and Industrial property rights.
For these general conditions and terms, and for any required communication between the company and the user, the latter will contact the company sending an e-mail to comercial@sbhfue.com. The communications of the company to the user will be done with the data given by the latter in the process of registration in the webpage www.sbhfue.com. The user expressly accepts the company’s e-mails as a valid procedure to communicate with them as long as is a communication regarding the webpage use and/or the provision of services offered there.
The following terms are governed by the Spanish legislation, which will be applicable in anything not stated in this contract as a way of interpretation, validity, and execution. Both parts renounce expressly to any other jurisdiction and submit expressly to the Juries and Tribunals of Las Palmas de Gran Canaria to solve any controversy that may happen in the interpretation or execution of these contractual conditions.
Conditions of Reservation
Reservation Terms and Conditions
The purpose of this document is to inform you of the general conditions applicable to the processing of reservations made through the SBH Hoteles & Resorts website (hereinafter, the “Website”). The Website provides information regarding the availability of rooms, rates and services offered by the hotels of SBH Hoteles & Resorts. Reservations processed through the Website are formalised directly between the user and the operating company of the hotel selected by the user, with Fuert Can, S.L., in its capacity as administrator of the online booking centre, acting as an intermediary in the management of the reservation, without prejudice to the obligations incumbent upon it under applicable legislation, particularly with regard to the proper technical management of the booking process. Processing a reservation implies full and unconditional acceptance of the legal notice, the privacy policy and these general terms and conditions in their most recent version. We therefore recommend reading these conditions before finalising your reservation, and each time you access our Website, as the Website reserves the right to amend, modify, add or delete any part of these conditions at any time.
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LEGAL FRAMEWORK
These general terms and conditions are subject to the provisions of:
- Law 7/1998, of 13 April, on General Contracting Conditions;
- Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Protection of Consumers and Users and other complementary laws, in its current version;
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce;
- All applicable tourism and consumer regulations, and, subsidiarily, the Civil Code and the Commercial Code.
For hotels located outside Spain, the mandatory tourism and consumer protection legislation of the country in which the establishment is located shall also apply insofar as its provisions are compulsory. When the user is a consumer resident in another Member State of the European Union, they shall not, in any case, be deprived of the protection afforded by the mandatory provisions of the legislation of their habitual residence, when so required by the applicable private international law rules.
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TERMS AND CONDITIONS
The formalisation of reservations through the Website is subject to the following clauses:
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1. Representations
The user declares that:
- They are of legal age and have full legal capacity to formalise the reservation, confirming that they understand and comprehend all the conditions contained on the Website.
- The data provided when formalising the reservation are true, complete and accurate.
- They confirm the requested reservation, particularly the indicated dates, number of rooms, number of guests, type of accommodation and selected board basis.
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2. Access to the Website
Access to this Website is the sole responsibility of the user.
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3. Contracting of Products and Services through the Website
3.1. The reservation includes the services detailed according to the booking conditions specified on the page from which the reservation is requested or formalised.
3.2. Accommodation providers, each within the scope of their respective obligations, shall be responsible to the user for compliance with the obligations arising from applicable regulations and from the terms and conditions of sale of each of the contracted products and services. The user acknowledges that Fuert Can, S.L. acts as administrator of the online booking centre and shall be responsible, under the terms established by applicable regulations, for the correct provision of the booking management services offered through the Website (including, in particular, the processing of the reservation and the technical operation of the platform), without assuming liability for the material provision of accommodation services delivered directly by hotel establishments, without prejudice to any legally enforceable responsibilities.
3.3. These general terms and conditions must be accepted prior to formalising the reservation. The contract may be validly formalised in any of the languages available on the Website, which will be clearly indicated during the booking process.
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4. Reservation Process on the Website
- Availability: Search by dates, number of guests and rooms.
- Selection of board basis, room type and applicable rate.
- Summary of the reservation, collection of customer details and, where applicable, payment via virtual POS terminal. Before confirming the reservation, the user may review its summary and correct potential errors in the entered data using the editing functions provided (modifiable fields, “back” buttons, etc.).
- Reservation confirmation. Once the reservation has been completed, the emails and logs generated will be archived. The customer will receive the reservation details by email, along with a reference number (locator). The reservation will be electronically archived. The user may request a copy of the contractual information by contacting the address provided on the Website, without prejudice to the information already received by email with the reservation confirmation.
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5. Price and Payment
5.1. The conditions, price and payment method for the selected stay are those expressly stated in the rate conditions included on the page where the reservation is made.
5.2. Promotions and offers shall be valid only for the period during which they remain accessible to users through the Website or as expressly indicated in their terms of validity.
5.3. The prices indicated on the Website are retail prices, taxes included, unless expressly stated otherwise (e.g., local taxes or tourist fees payable directly at the hotel).
5.4. Confirmation and review of manifest errors
All reservations shall be generally confirmed when the system issues the corresponding confirmation email to the user. However, in order to ensure the absence of manifest technical errors regarding rates or availability, Fuert Can, S.L. and/or the hotel reserve the right to verify the correctness of the reservation within 72 hours of receiving the initial confirmation via the Website and email. If, during this period, a manifest and unequivocal error in the rate or availability is detected (for example, clearly disproportionate prices caused by an obvious technical error), the hotel or the booking centre may:
• Propose the correction of the reservation with the correct price or conditions; or
• Cancel the reservation at no cost to the customer, refunding any amounts paid. Under no circumstances shall this review result in financial detriment to the consumer regarding amounts already paid at the time of booking. If after 72 hours no issue has been communicated, the reservation shall be considered firm under the initially confirmed terms.
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6. Cancellations, Reservation Modifications and No-Shows
6.1. The cancellation, modification and no-show conditions shall be those expressly indicated during the booking process for each specific rate (e.g., flexible, semi-flexible or non-refundable rates). These conditions will be displayed clearly before the user confirms the reservation and will become an integral part of the contract.
6.2. Any applicable charges due to cancellations, modifications or no-shows shall be made to the credit card provided by the user for the reservation or via the indicated payment method. The user expressly consents to these charges, exclusively to the extent that they correspond to the penalties or amounts transparently displayed on the Website for the selected rate, and no unauthorised additional charges shall be made.
6.3. Right of withdrawal
Pursuant to applicable consumer regulations, and specifically to the provision establishing an exception to the right of withdrawal for accommodation services provided for purposes other than housing, when the contract provides for specific dates or periods of performance, the user does not have the 14-day right of withdrawal for accommodation reservations made through the Website. Nevertheless, the user may cancel or modify the reservation in accordance with the specific conditions of the selected rate as shown during the booking process.
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7. Notifications
All notifications, requests and other communications between the parties related to these general terms and conditions must be made by email or via the contact form available on the Website, using the addresses indicated on the Website or in the reservation confirmation. EU-resident consumers may also use, if they so choose and without prejudice to access to competent courts, the European online dispute resolution platform available at the address indicated on the Website or in applicable regulations.
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8. Nullity of Clauses
If one or more clauses of these general terms and conditions are declared wholly or partially null or void, such declaration shall only affect said provision or the part thereof declared invalid, and the remaining conditions shall remain fully in force. The affected clause or part shall be deemed unenforceable. Any modification or cancellation of the reservation must preferably be managed through the Website using the link provided in the reservation confirmation or, failing that, shall require written confirmation from the hotel or booking centre to be fully valid.
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9. Acceptance
Submitting a reservation request and formalising the reservation necessarily implies that all of these general terms and conditions, considered an integral part of the reservation and complemented by the rate conditions and applicable specific legislation, are expressly accepted by you.
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10. Applicable Law and Jurisdiction
This contract shall be governed by the laws of Spain in force. In any case, when the user is a consumer resident in another EU Member State, they shall not be deprived of the protection afforded by the mandatory provisions of the law of their habitual residence, nor of the compulsory rules of the country where the accommodation services are provided. For hotels located outside Spain, the mandatory consumer and tourism legislation of the country where the establishment is located shall also apply as required.
Regarding jurisdiction:
• If the user acts as a consumer, the parties submit any dispute concerning the validity, execution, performance or termination of the contract to the courts that are competent under applicable consumer and international jurisdiction regulations, particularly, at the consumer’s choice, to the courts of their domicile or of the place of performance of the contractual obligation, without prejudice to any court that may not be excluded by agreement.
• If the user is not acting as a consumer (e.g., acting within their business or professional activity), the parties expressly submit, with waiver of any other jurisdiction to which they might be entitled, to the courts of Las Palmas de Gran Canaria (Spain).
The seller of the hired services by the user is FUERT CAN, S.L., a hotel company that provides services of room reservation.
www.sbhfue.com is registered under the name of FUERT CAN, S.L.. The commercial brand is correctly registered under the name of the Company.
Data Protection
PRIVACY POLICY
On this page we inform you about the privacy and personal data protection policy of SBH Hoteles (Fuert Can, S.L.).
This privacy policy is adapted to the General Data Protection Regulation and to the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
The personal data that could be collected directly from the interested party will be treated confidentially and will be incorporated into the corresponding processing activity, in the privacy management system of Fuert Can, S.L.
Treatment Manager
Fuert Can, S.L.
N.I.F.: B-35108547
Address: Calle del General Vives, 71, 35007 Las Palmas de Gran Canaria
Telephone: 928 875 982 Fax: 928 547 104
Email: comercial@sbhfue.com
Data Protection Delegate (DPD)
Email: delegadoprodatos_fuertcansl@sbhfue.com
Purpose of the treatment
In Fuert Can, S.L. we process the information provided by interested parties for one or more of the following purposes:
- Formalize the reservations of the stay in our hotels. Tour Operators and Agencies reservations are included; telephone reservations, by email or direct; web reservations and direct contracting at reception.
- Prepare and write invoices for the products and / or services contracted. Recovery activities.
- Send you information about the promotions and discounts in which you are interested, through the Company's Newsletter and other means.
- Answer your information questions about our services through the web form. The information we send to you is related to the requested information, in order to be able to offer you services in accordance with your interests, than other unsolicited ones.
- Organize restaurant reservations, excursions and other related activities.
- Send you administrative information, for example, about our company and changes in our terms, conditions and policies.
- Send you satisfaction surveys, in order to know your degree of satisfaction regarding your stay at our establishment.
- Communicate with you as part of our customer service.
- Offer other services, provided by third parties outside Fuert Can, S.L., with their own privacy policies.
Authentication of treatment
The legal basis for the processing of your data is the execution of the contract, by contracting the product and / or service in accordance with the Law of Information Society Services 34/2002, articles 20 and 21. The prospective offer of products and services is based on the consent requested without; in any case, the withdrawal of this consent conditions the contract for the acquisition of product and / or service provision. There is an obligation to request consent to manage the sending of information and commercial prospecting.
The processing of your data is as shown below:
| Actividad | Legitimación |
|---|---|
| Reservations made by websites, tour operators or agencies, email, telephone or direct contracting | - Execution of the contract for the purchase of the product and / or service that has been formalized between the parties -Fulfillment of legal obligations of the controller |
| Sending of personalized offers, discounts and promotions. Newsletter. | Free and unambiguous consent provided by the user |
| Completion of the web form in the “Contact” section of our website | Free and unambiguous consent provided by the user |
| Sending administrative information | Free and unambiguous consent provided by the user |
| Sending satisfaction surveys | Free and unambiguous consent provided by the user |
| Customer Service Communications | Free and unambiguous consent provided by the user |
| Preparation of invoices for the products and / or services contracted | -Execution of the contract for the purchase of the product and / or service that has been formalized between the parties. -Fulfillment of legal obligations of the treatment manager |
Data retention
In the context of the relationship with our clients and other interested parties, the personal data provided will be kept for the time necessary to fulfill the purpose for which they are collected and to determine the possible responsibilities that may arise from the purpose, in addition to the periods established for compliance with the legislation on archiving and documentation.
The rest of the data that has been collected for the purpose of sending newsletter or other related emails will be kept until the service is down. We inform you that you can request your withdrawal at any time at the following email address: comercial@sbhfue.com.
Data communication
The communication of your personal data is limited to the purposes of business relationships with Fuert Can, S.L. In the cases of communication of personal data on our part, contracts of treatment manager with third parties outside Fuert Can, S.L. involved in these tasks, who undertake to respect the privacy of their data, as well as to protect them following the technical, organizational and security measures established by Fuert Can, S.L.
Among these service providers are advisors, consultants, lawyers, financial intermediaries, computer maintenance and software, internet access, transfers, excursions, etc.
The use of email services and other communications that involve sharing your personal data are protected by the security measures established by the providers of these services, which in turn comply with the legal requirements.
No international data transfers are expected. Only any other communication will occur in compliance with the obligations established by law.
Rights of the interested parties
In Fuert Can, S.L. We provide confirmation of whether or not your personal data is being processed at any time.
Any person has rights of access, rectification, deletion and portability of their data. Likewise, the interested parties may request the limitation of the processing of their data, in which case we will keep them only if we have obtained their express consent, for the exercise of the defense of claims, for the protection of the rights of another natural or legal person, or for reasons of public interest.
At any time, interested parties may oppose the processing of their data. Fuert Can, S.L. will stop processing the data, except for legitimate reasons or for the exercise or defense against possible claims.
You can exercise your rights or revoke your consent by contacting by:
- Email: comercial@sbhfue.com
- Postal mail: Calle del General Vives, 71, 35007 Las Palmas de Gran Canaria
- DPD email: delegadoprodatos_fuertcansl@sbhfue.com
Cualquier solicitud por correo electrónico o postal deberá estar firmada y acompañada de una prueba de identidad, especificando la dirección en la que se desea recibir la respuesta. Se le enviará una respuesta en el plazo de uno a tres meses después de recibir su solicitud.
Así mismo, tenemos el deber de comunicarle que, si no respondemos en plazo a alguna de sus solicitudes o no está de acuerdo con nuestra contestación, puede ejercer la tutela de sus derechos ante la Agencia Española de Protección de Datos, www.aepd.es.
Obtención de sus datos
Fuert Can, S.L. obtiene sus datos de forma legítima a través de los contratos celebrados entre las partes interesadas o mediante la cumplimentación del formulario de nuestra página web.
FUERT CAN, S.L.
Contact: 928875982
Email: comercial@sbhfue.com
AIM: in FUERT CAN, S.L. we treat the information that clients procure for the Purchase/Procurement of services and or products through the website. Management of the information and commercial prospection. In order to offer you services according to your interests, we will prepare a commercial profile. There will be no automatic decisions regarding such profile. The procured personal data will be kept while the professional relationship between both parties is still active and the interested party does not want them to be suppressed within a time lapse of 5 years after the last procurement and/or professional service done by you.
LEGITIMATION: the legal basis for your personal data treatment is the execution of a contract through a Professional Service file and/or a service lease, as stated in the Commerce code and the Civil Code. There is an obligation of invoicing as stated in the Commerce code, General Tax Law, Corporate Tax Law and Personal Income Tax, as well as the Information Society Services’ Law 34/2002 articles 20 and 21. The prospective offer of products and services is based on the consent that is asked to you without it meaning that retiring it affects the contract of purchase/procurement of services there is an obligation to procure personal data. Otherwise, neither the Purchase/Procurement of services and or products through the website nor the Management of the information and commercial prospection cannot be procured/purchased.
RECIPIENTS: we will not assign personal data to third parties unless there is a legal obligation. There will be no decisions regarding suitability, guarantees, binding corporate rules or other applicable specific situations.
RIGHTS: Any person has the right to have confirmed whether in FUERT CAN, S.L. we are dealing with relevant personal data for themselves or not. Involved people have the right to Access their own personal data, and to ask for its amendment of inaccurate data, as well as to ask for its removal when, among other reasons, these data is not needed for the objectives it was collected. In certain cases, applicants may ask for a limitation regarding our treatment of their data, in which case we will only save them to claim or defend ourselves from claimants. You have the right to claim to the Control Authority: Agencia Española de Protección Datos. WWW.AGPD.ES; SOURCE: THE SOLICITOR.
1.2. The client expressly accepts that any data obtained while using the website, or which has been provided through filling out any forms that are contained therein, as well as any data resulting from any possible commercial relationship, may be included in an automated personal data file of the type described in section 1.1. During the process of data collection and on all pages of this website where personal data is asked for, the client will be informed with the help of a hyperlink or an explicit mention in the form itself about the compulsory or optional character of the recollection of such data. Every client that decides to register on the website of our company will be asked for those data that are necessary to fulfil the purposes of this company, which are service providing and/or selling of offered products in the website.
1.3. With respect to the data collected in the manner provided in the preceding paragraph, the client may exercise his rights according to the articles 15-21 of the Ruleset (UE) 2016/679, and in particular their right to access, rectify, cancel and object to such data, as well as treatment limitation data portability and automatized individual decisions. Likewise, he may withdraw his consent for the transfer of the collected data or the treatment of these data for any of the uses described above. Any client may exercise his rights referred to in the previous paragraph with the help of a cancellation request form that has to be requested from us by e-mail. The written and signed form together with a copy of the client’s identity document shall be sent by postal mail to the following address: company: FUERT CAN, S.L. with corporate address in Calle General Vives 71 (35007), Las Palmas, Las Palmas, attaching, in any case, the client’s ID card photocopy.
1.4. Automatized treatment with which your data will be collected as a consequence of queries, using, hiring or buying any product, as well as of any transaction or operation done in this webpage has as a main end the management of the contractual relationship with the owner of this website.
1.5. You authorize the reception of promotional information about our services and products. Your personal data will be used for the sole purpose of sending the promotional information by traditional or electronic means. In the case of the electronic e-mail addresses or the website contact form, the data that you provide to us per e-mail or through the form will be used exclusively to respond to the queries that you convey to us by these means. We will apply what is stated in articles 22.1 and 22.2 of Law 34/2002, of July 11th, of information society services and e-commerce that is modified by article 4 of the royal decree 13/2012 regarding the usage and treatment of personal data in terms of advertising.
1.6. The entity guarantees the confidentiality of the personal data. Notwithstanding this, the entity will submit to the competent public authorities any personal data or other information in its possession or accessible through its systems which may be required in compliance with legal provisions and regulations applicable to the case. Even after the relationship established through the website has terminated, personal data may be kept in the files owned by FUERT CAN, S.L. exclusively for the purposes indicated above and, in any case, within the legally established time limits for putting the collected personal data at the disposal of the administrative or judicial authorities.
SBH Royal Monica***
