Conditions of reservation
CONFIRMATION OF A RESERVATION
You should receive immediate confirmation of your reservation via Internet, by means of an e-mail. Please make sure you register your e-mail address accurately. In the unlikely event you not receive confirmation, please report immediately to: central@tomallorca.com.
WHICH IS OUR CANCELLATION PAOLICY
We strongly recommend you to contract a travel insurance that covers the cancellation of accommodation reservations.
In the event you were obliged to cancel seven or more days in advance before the arrival date, all payments shall be reimbursed in full.
In the event we received a cancellation order less than seven days in advance before the arrival date or you did not show up at the hotel, there will be a charge according to the regulations established by the Tourism Department of the Balearic Islands Government, that is, a charge equivalent of the first night in the accommodation reserved.
ALL CANCELLATION ORDERS SHALL BE OBLIGATORILY RECEIVED VIA E-MAIL OR FAX.
Please, send an E-MAIL to central@tomallorca.com or a FAX to the following number: 0034 971 34 13 65, clearly stating your reservation reference number, which is shown on your confirmation e-mail. Cancellation shall require your confirmation in writing sent in an e-mail or a fax.
Umbuchungen; Jäder umbuchun oder Stornierung hat eine susätzliche koste von 10 € pro umbuchung.
GENERAL
The conditions of use above shall apply to the utilisation of this site and all relevant services, constituting a legal document that establishes the rights and obligations of both the User and Viajes Martour, S.A. (TOMALLORCA) in regard with the vacation services offered through this site.
When acceding, using, conducting a search or making a reservation through this site, you accept having read, understood and agreed to the conditions of use of the site (link to the general conditions file), and you accept as well complying with any relevant laws, rules and regulations as applicable.
TOMALLORCA offers this web site on a “as is, as available” basis. It may contain inaccurate information or errors. TOMALLORCA makes no representation nor gives warranties of any nature, either expressly or tacitly, for the correct operation of the web site or the information, content, software, materials or products included in it.
As far as the applicable law may allow it, TOMALLORCA disclaims all warranties, either expressly or tacitly, including, among other, implicit warranties or merchantability and fitness for a particular purpose. TOMALLORCA shall not be liable for any damage or loss of any nature arising out of the use of this Web Site, including, among other, direct and indirect damages.
Notwithstanding the general content in the forgoing stipulations, TOMALLORCA states that any accommodation reservations or reservations of any nature are validated with it action as a reservation system operator for all participating accommodation providers or providers or any other services, and it shall not be held liable for any injury, loss, damage, accident or delay resulting from, or arising in connection with any act or neglect by any entity or person in charge of making reservations, or by any owner or employee, or any liability arising out, either directly or indirectly, in connection with the operation of the said reservation or sale.
TOMALLORCA disclaims all liabilities that may arise our of false, incomplete, out of date, or inaccurate information related to offers, goods or services, prices, routes, distances, characteristics, or any other relevant data or information relating products or services offered through the web site by the providers of products or services, as well as of their content.
Likewise, TOMALLORCA disclaims all liabilities resulting from the non-performance or defective performance of any liability envisaged by he law in force, as well as of the terms and conditions of sale related to each and every of the products and services or package travel holidays contracted through the web site, by the providers of products and services and/ or by package travel holidays organisers.
In the event that, on account of force majeure (enunciatively but not limited to political or economical disorders or any instabilities affecting safety), there were deficiencies in the reservation, confirmation of reservation and/ or the execution of any trip or services contracted through TOMALLORCA, due to circumstances non-foreseeable or non-solvable by TOMALLORCA, or even in the event it was impossible to render any of the agreed services, the customer waives any claim against TOMALLORCA or Viajes Martour, S.A. and/ or any of the firms belonging to TOMALLORCA group, existing either currently or in the future, on the grounds of the said deficiencies or failure of performance, unless TOMALLORCA’s lack of professional care is confirmed.
Alterations to these Terms and Conditions
CONSTRUCTION OF THESE TERMS AND CONDITIONS
These terms of use are subject to the Spanish Laws. Any action arising out or relating to these terms shall be filed in the Courts of Mallorca (Spain), and the parties shall expressly relinquish their own jurisdiction.
General Terms and Conditions of Use of the Web Site: www.tomallorca.com
The web site www.tomallorca.com ( hereinafter to be referred to as the “Web Site”)is a web site owned and developed by Viajes Martour S.A., a company with business address at Calle Miramar, 7-1º, 08720 San Antonio- Mallorca (Spain) and CIF [Fiscal Identification Number] A-07060411, duly registered at the Trade Registry of Mallorca, in Volume 325, book 256, folio 1, page 6092 ( hereinafter to be referred to as “TOMALLORCA”), through which users of the same ( hereinafter the “Users”) can gain access to information on travelling and tourism.
Users of this portal shall expressly accept full and unreserved adhesion to each and every of the General Terms and Conditions under the version published by TOMALLORCA as from the moment of entering the said portal, particularly those terms related limited liability of both TOMALLORCA and NEOINTERACTIVA, S.L., as well as of any tourism or travelling services supplier. Thus, Users are asked to read thoroughly all General Terms and Conditions every time they intend to use the Portal, given that the said terms and conditions may have been altered after their last visit to the site.
The User states that he is of full age and with enough legal competence to be provided with the services offered through TOMALLORCA’s Web Site.
CONTRACTING SERVICES THROUGH TOMALLORCA’S WEB SITE
This Web Site is operated by TOMALLORCA. TOMALLORCA specifically offers and, where appropriate, provides its content and services to Users visiting the Web Site on its own behalf and account, excepting contracting, technical organisation and formalisation of accommodation reservations, which shall be carried out individually by each hotel.
Users must be aware that the contracting of the abovementioned services is subject to specific contractual terms, according to applicable laws, to be agreed between Users and the provider of the said services.
The following terms shall be applicable, specifically and under any event:
1.-TOMALLORCA or VIAJES MARTOUR, S. A.’s Liability
TOMALLORCA offers this Web Site on a “as is, as available” basis. It may contain inaccurate information or errors. TOMALLORCA makes no representation nor gives warranties of any nature, either expressly or tacitly, in relation with the correct operation of the Web Site or the information, contents, software, materials or products included in it. As far as the applicable law may allow it, TOMALLORCA disclaims all warranties, either expressly or tacitly, including, among other, implicit warranties of merchantability and fitness for a particular purpose. TOMALLORCA shall not be liable for any damage or loss of any nature arising out of the use of this Web Site, including, among other, direct and indirect damages.
Notwithstanding the foregoing stipulations, TOMALLORCA states that any accommodation reservations or reservations of any nature are validated with it acting as a reservation system operator for all participating accommodation providers of any other services, and it shall not be held liable for any injury, loss, damage, accident or delay resulting from, or arising in connection with any act or neglect by any entity or person in charge of making reservations, or by any owner or employee, or for any liability arising out, either directly or indirectly, in connection with the making of the said reservation or sale.
TOMALLORCA disclaims all liabilities that may arise out of false, incomplete, out of date, or inaccurate information related to special offers, products or services, prices, routes, distances, characteristics, or any other relevant data or information relating products and services offered through the Web Site by providers of products or services, as well as of their content.
Likewise, TOMALLORCA disclaims all liabilities resulting from the non-performance or defective performance of any liability envisaged by the law in force, as well as of the terms and conditions of sale related to teach and every of the products and services or package travel holidays contracted through the Web Site, by the providers of products and services and/ or by package travel holidays organisers.
In the event that, on account of force majeure (enunciatively but not limited to political or economical disorders or any instabilities affecting safety), there were deficiencies in the reservation, confirmation of reservation and/ or the execution of any trip or services contracted through TOMALLORCA, due to circumstances non-foreseeable or non-solvable by TOMALLORCA, or even in the event it was impossible to render any of the agreed services, the customer waives any claim against TOMALLORCA or VIAJES MARTOUR, S.A. and/ or any of the firms belonging to TOMALLORCA group, existing either currently or in the future, on the grounds of the said deficiencies or failure of performance, unless TOMALLORCA’s lack of professional care is confirmed.
2. ADDITIONAL INFORMATION
The traveller states being aware and willing to meet all government requirements concerning necessary documents for leaving or entering the country, as well as any other necessary documents. All related information can be found in the Web Site (Travellers Guides). Spanish citizens can find it in the Foreign Affairs Ministry Web Site (www.mae.es).
Purchase of any product shall only be effective as of the moment when the accommodation provider or any other provider effectively charges them to the credit card provided. Prior to then, TOMALLORCA or NEOINTERACTIVA, S.L., or the provider of services, shall be entitled to cancel the said transaction. They reserve the right to request additional information to the customer with the aim of checking his/ her purchase (particularly when the purchase price exceeds 500,00 Euros).
When requesting a reservation, the customer binds himself to authorising the charge to the credit card he/ she provides. In the event it was impossible to charge the said credit card, either TOMALLORCA or the provider of services shall directly contact the user in order to complete the transaction. In the event it could not be completed, the reservation shall be cancelled.
NAVIGATOR AND OPERATIVE SYSTEM
This Web Site’s screens have been optimised to be used with Internet Explorer and Windows. TOMALLORCA shall not be liable for the results if a different navigator or operating system is used.
WEB SITE CONTENT
Users shall use this Web Site sole and exclusively for personal and private purposes. Users shall not copy, reproduce, distribute or display in any way the content of the Web Site or the services provided through it, without TOMALLORCA’s express written permission.
Users and, in general, anybody intending to create a link between a web page and any of the pages included in the Web Site ( hereinafter to be referred to as the “Link”) shall not establish any Link to the pages included in this Web Site where it cannot be found TOMALLORCA’s logotype or any other element that may identify it as the Web Site’s owner of where the Web Site’s advertising bar cannot be found. Furthermore, this Web Site shall not be included as part of any other web site.
DATA PROTECTION
All personal data provided by the User for the use of the Web Site are subject to private policy stipulations contained in the “Data Protection” section.
INTELECTUAL PROPERTY
All contents in this Web Site (including texts, images, brands, designs, software and other elements) are the property of TOMALLORCA or their content providers. The said contents are protected and recognised both nationally and internationally. Reproduction, use or distribution under any forms is prohibited, except as expressly authorised by TOMALLORCA.
© 2002-2005 –Viajes Martour, S.A. – All rights reserved.
LINKING TO OTHER WEB SITES
This Web Site may contain links to third-party web sites. TOMALLORCA has no control over those links and, obviously, it assumes no liabilities for their content. TOMALLORCA does not sponsor or warrant any of the said third-party web sites, which have been provided for the sake of Users’ convenience.
CONSTRUCTION OF THESE TERMS AND CONDITIONS
These terms of use are subject to the Spanish Laws. Any action arising out or relating to these terms shall be filed in the Courts of Mallorca (Spain), and the parties shall expressly relinquish their own jurisdiction.