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PRIVACY POLICY

Last modification: February 17, 2025.
This privacy policy applies to data processing carried out by Smy Hotels. Please read it carefully, in it you will find important information about the processing of your personal data and the rights recognized by current regulations on the matter.
We reserve the right to update our privacy policy at any time due to business decisions, as well as to comply with possible legislative or jurisprudential changes. If you have questions or need any clarification regarding our Privacy Policy or your rights, you can contact us through the channels indicated below.
You declare that the data you provide us, now or in the future, are correct and truthful and you agree to inform us of any changes thereto. In the event of providing personal data of third parties, you undertake to obtain the prior consent of those affected and to inform them about the content of this policy.
In general, the fields of our forms that are indicated as mandatory must necessarily be completed in order to process your requests.

Who is responsible for the processing of your data?

Unless specifically indicated otherwise, the person responsible for processing the data collected on the website www.smyhotels.com (hereinafter the “Website”) is the entity Hotelogy SL, with address at Calle Ada Byron, 1, Edificio Estel, floor low, local 6 , Parc Bit, 07121, Palma de Mallorca, Spain, and provided with NIF B57964629 (hereinafter Smy Hotels). You can contact the Smy Hotels Data Protection Officer at privacy@smyhotels.com .

By contracting our services you are authorizing us to transfer your personal data to the company FLEXMYROOM INSURETECH, S.L., domiciled in Benidorm (03503 – Alicante), Calle Gambo, 6-2º-F, and with CIF number B42687616, with the sole purpose of protecting your reservation enjoying the services and insurance products offered. Only the data strictly necessary for the activation of the insurance (name and surname, identity number, postal address and contact information) will be transferred, in our common interest. This entity will cancel your personal data when the service has ended and the legally established deadlines have been met. You can exercise your rights of access, rectification, deletion, limitation of treatment, data portability, and opposition to treatment and not be subject to automated decisions at the email address datos@flexmyroom.com

Why will we process your data and on what legal basis?

Management of reservations and provision of requested services. The data provided in your reservation or service requests will be processed for the management of said reservations and the provision of the requested services. The categories of data we process for these purposes are the following:
Identification and contact information of the reservation holder;
Data from the reservation itself (dates of stay, number and age of guests and services included in the reservation).
Economic and transaction data.
The processing of these data is necessary for the provision of the requested services, the execution of the hosting contract or for the application of pre-contractual measures at your own request.
The economic data and transactions of goods and services will be processed for accounting and administrative management purposes and compliance with our legal obligations in accounting and tax matters.
Online check-in. In compliance with the Convention on the application of the Schengen Agreement and Organic LO 4/2015, of March 30, for the protection of citizen security, hotels have the obligation to record the information of all guests who stay in them. Said information, which is recorded in an entry report and serves to establish a traveler record book, consists of the following data: Name and surname, sex, date of birth, country of nationality, number and type of identity document, date of issue of the document, date of entry and signature.
The data provided in the online check-in form will be communicated to the destination hotel. The online check-in functionality allows you to pre-fill out the check-in form to expedite your check-in upon arrival at the hotel. The use of online check-in is optional and does not condition your entry into the hotel. If you do not use this functionality, you must complete the entry form upon arrival.
The processing of the information necessary to pre-complete the entry form is based on the consent materialized through the use of this functionality.
Likewise, the photo you have provided for online check-in will be registered in the hotel management system of the destination hotel. The purpose is to allow hotel staff to identify you as a staying customer and control the charge for the consumption you make during your stay in your room. This photo will be deleted at check-out.
This processing is based on the hotel's legitimate interest in identifying hosted clients for security and charge control purposes. To weigh this interest against your rights and freedoms, it has been determined that the treatment had a limited impact on your privacy, since:
  • A contractual relationship exists and the processing is carried out in connection with said relationship;
  • This security measure benefits the clients themselves by guaranteeing the correct allocation of charges to their room and avoiding possible impersonations;
  • Access to your image is restricted to hotel staff;
  • The conservation period of your image is limited to the time of your stay.
Attention to queries and complaints. The data provided in your queries or complaints will be processed to respond to your requests and manage any complaints. This processing is necessary for the execution of a contract, the application of pre-contractual measures at your own request or the defense against customer claims.
The processing of any health data that you have provided in your claim is covered by art. 9.2. f) of the RGPD, as said processing is necessary for the formulation, exercise or defense of claims.
Statistical and quality management purposes: In order to evaluate and manage the quality of our services and products, we perform statistics from aggregate data obtained from transaction data and web browsing data, e.g. e.g. IP address, weblogs, pages visited or actions taken on the Web (+ info in our cookies policy).
We also perform anonymous statistics based on aggregated reservation data to measure the performance of our products.
These treatments are based on our legitimate interest to evaluate and manage the quality of our services and products. To weigh this interest with respect to their rights and freedoms, it has been determined that the processing had a limited impact on the privacy of the interested parties, as it corresponded to their reasonable expectations and did not pose significant threats as it occurred on aggregate data and with the own consent of the interested parties regarding the metrics made with the use of cookies.
Sending personalized commercial communications: If you have consented to receive our commercial communications, your identification and contact data will be processed to send you personalized advertising related to the Smy Hotels chain and the hotels that comprise it.
To personalize our communications, we create a commercial profile based on your reservation history (dates of expired stays, number and age of guests, services included in the reservations and amounts), for example, to determine the periods of the year in which or you usually stay in our establishments or the type of product that may be of interest taking into account your past reservations (for example products aimed at family vacations, if you have traveled with your family).
If you have authorized the use of advertising cookies, we will also use the information generated by your browsing on the Web (IP address, pages visited, products viewed and actions taken) to make commercial contacts and offer you products similar to those you have consulted on the website. Web.
The sending of personalized advertising is based on the consent you have given. Failure to provide or withdraw your consent does not condition access to the Website or the provision of the requested services.
At any time you may revoke your consent and request that you opt out of processing for commercial purposes. To this end you can:
Send an email to the following email address: privacy@smyhotels.com
Use the link provided for this purpose in our newsletters
You may also revoke the consent you have given for the use of advertising cookies at any time through the web configuration panel or by modifying the privacy options of your web browser or terminal. + info on the use of cookies and similar technologies in our cookie policy.
We do not make automated individualized decisions that produce legal effects on our clients or similarly significantly affect them based on this profile. However, we inform you that you have the right to oppose the adoption of automated individual decisions, when this right exists in accordance with the provisions of article 22 of Regulation (EU) 2016/679.
Smy Club loyalty program. The Smy Club program rewards our clients with a series of advantages, including the sending of personalized advance offers and discounts based on their reservation history. You can consult more information about the content and operation of the program in the conditions applicable to it in INDICATE
Your participation in the program involves the following data processing:
We will process the identification data of program members to be able to identify them as such in order to apply the advantages to which they are entitled.
We develop a commercial profile based on your reservation history (dates of expired stays, number and age of guests, services included in the reservations and amounts) to personalize our offers based on your consumption profile, for example, to determine the periods of the year in which those who have or usually stay in our establishments or the type of product that may interest you taking into account your past reservations (for example products aimed at family vacations, if you have traveled with your family). This profile is also used to apply special discounts based on the frequency of your reservations, the products contracted and the amounts spent. We do not make automated individualized decisions that produce legal effects on our clients or similarly significantly affect them based on this profile. However, we inform you that you have the right to oppose the adoption of automated individual decisions, when this right exists in accordance with the provisions of article 22 of Regulation (EU) 2016/679.
These treatments constitute the very purpose of the program and are necessary for its operation. These treatments are based on the contractual relationship originated by your request to register in the program. At any time you can request to unsubscribe from the program by sending an email to privacy@smyhotels.com.

Who can we communicate your data to?

In general, we will communicate your data or those of the guests included in the reservations by legal obligation, with your consent or when necessary for the correct processing of the reservation or the provision of the requested services. Specific:
We will communicate the reservation details to the destination hotel. The hotel will communicate the arrival reports of guests to the State Security Forces and Corps in compliance with traveler control and citizen security regulations.
In the event that your reservation contains accessory services provided by third-party providers or that your requests affect such type of services, the personal data necessary for the processing of said reservation/availability request will be communicated to the corresponding providers, only for this purpose. . In the same way, when necessary for resolution, we will transfer your claims to the service providers affected by them. Likewise, depending on the nature of your claim, the recipients of the data included in it may be, among others, administrations or public entities, official bodies, attorneys, judges and courts or insurance entities. These communications are necessary either for the provision of contracted services or for the application of pre-contractual measures at your own request, or for the formulation, exercise or defense of claims.

How long will we keep your data?

Without prejudice to the specific retention periods indicated in the previous sections, in general we retain your data for the duration of the relationship you maintain with us and, in any case, during the periods provided for in the applicable legal provisions, for example. in accounting and tax matters, and for the time necessary to address possible liabilities arising from the processing. We will cancel your data when it is no longer necessary or relevant for the purposes for which it was collected.
Data processed for commercial purposes, including commercial profiles, will remain active as long as you do not object to the processing or request its deletion.
The commercial profiles and booking history of members of our loyalty program will be kept until they request their withdrawal from said program.
The expiration periods of the cookies used on this Website are indicated in our cookie policy

What are your rights?

You have the right to obtain confirmation of whether or not we are processing your personal data and, if so, access it. You can also request that your data be rectified when it is inaccurate or that incomplete data be completed, as well as request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
In certain circumstances, you may request the limitation of the processing of your data. In such case, we will only process the affected data for the formulation, exercise or defense of claims or with a view to protecting the rights of other people. Under certain conditions and for reasons related to your particular situation, you may also object to the processing of your data. In this case, we will stop processing the data except for compelling legitimate reasons that prevail over your interests or rights and freedoms, or for the formulation, exercise or defense of claims.
Likewise, and under certain conditions, you may request the portability of your data so that it may be transmitted to another data controller.
You can revoke the consent you have given for certain purposes, without affecting the legality of the processing based on the consent prior to its withdrawal.
You also have the right to object to the adoption of automated individual decisions that produce legal effects on you or significantly affect you in a similar way, when this right exists in accordance with the provisions of article 22 of Regulation (EU) 2016/679.
You also have the right to lodge a complaint with a data protection authority. You can consult the list and contact details of the European data protection agencies on the European Commission website at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080 .
To exercise your rights you must send us a request by postal mail or email to the addresses indicated in the section

Who is responsible for the processing of your data?

You can obtain more information about your rights and how to exercise them on the page of the Spanish Data Protection Agency at www.aepd.es or on the page of the data protection authority of your country.

LEGAL WARNING

Access to the website https://www.smyhotels.com attributes the condition of USER and implies full and unreserved acceptance, from said access and/or use, of this legal notice and the privacy policy in its latest version. version, without prejudice to the General Conditions of Contract that, where applicable, are mandatory. Therefore, we recommend that you read these documents before using the functionalities offered by this website, as well as each time you access it, since we reserve the right to change, modify, add or delete at any time. part of these conditions.
Mere access to this Website does not in any case imply the existence of a commercial relationship between the user and the website.

I. OWNER OF THE WEBSITE

In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company that owns the domain is set out below: 'smyhotels.com' (in forward, the Web):
Company Name: HOTELOGY SL (hereinafter, SMY HOTELS)
CIF: B57964629
Registered Office: Calle Ada Byron, 1, Edificio Estel, ground floor, premises 6 (Parc Bit) – Ctra. Palma – Valldemossa km 7.4, 07121 Palma de Mallorca, Spain.
Email: info@smyhotels.com
Registration data in the Commercial Registry: Sheet PM-78691 Volume 2657 Folio 210 Registration 9

II. TERMS OF USE

1. Introduction. SMY HOTELS offers on this Website information about its hotels and the active promotions in them, allowing users to formalize reservations directly online and manage the reservations made. Likewise, users can sign up for the loyalty program to receive commercial offers tailored to their profile. By accessing and using this Website, you agree to be bound by the conditions set out below, so it is recommended that you read this section carefully before starting your navigation.
2. Obligations of Users. Users undertake to use this Website lawfully, in accordance with the provisions of these conditions and in a manner that does not harm the rights or interests of SMY HOTELS or third parties. By way of example and in no way limiting or exclusive, the User also undertakes to:
Not engage in illegal activities or activities contrary to public order or good faith;
Do not attempt to access, modify, manipulate and, where appropriate, use the accounts of other Users;
Do not use the data published on the Web to send unsolicited communications (spam).
Do not introduce or disseminate false, misleading, ambiguous or inaccurate information or content on the website in a way that misleads the recipients of the information, nor disseminate content of a racist, xenophobic, pornographic nature, in support of terrorism or an attack against rights. human or minor rights;
Not carry out actions that involve or entail a violation of the intellectual property rights of SMY HOTELS or third parties;
Not cause damage to the physical and logical systems of SMY HOTELS, its suppliers or third parties;
Do not introduce or spread computer viruses on the network or use any other physical or logical systems that are likely to cause the aforementioned damage.
Do not delete, alter, evade or manipulate any protection device or security system that was installed on the pages of this Website.
3. Exclusion of liability. This Website is provided “as is” and its use is carried out at the User's own risk, therefore, neither SMY HOTELS, nor its administrators, workers, suppliers or collaborators will be responsible for damages of any nature, direct or no, that derive from the use of the Website, expressly excluding SMY HOTELS to the full extent provided by Law, any type of guarantees, whether express or implicit.
SMY HOTELS does not guarantee the availability and accessibility of the Website, although it will make all reasonable efforts in this regard. Occasionally, interruptions may occur for as long as necessary to carry out the corresponding maintenance operations.
SMY HOTELS is not responsible for possible damages derived from interference, interruptions, computer viruses, telephone breakdowns or telephone disconnections due to causes beyond the control of the aforementioned entity; delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing center, telephone lines, the Internet system or other electrical systems; nor of any other alteration that may occur in the Software or Hardware of the Users. Nor does it guarantee the absence of viruses, malware, trojans or other elements that may cause alterations in the User's computer system, documents or files, excluding any liability for damages of any kind caused to the User for this reason. Likewise, SMY HOTELS will not be liable for damages caused by third parties through illegitimate interference beyond its control.
Nor will it be liable for damages caused by the use or misuse of the contents of the Website, nor for the consequences that may arise from errors, defects or omissions in the contents that may appear on this Website provided by the Users themselves or other third parties. SMY HOTELS does not assume any obligation or responsibility regarding those services that it does not provide directly.
In no case will SMY HOTELS assume any responsibility for the contents of the links belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and legality of any material or information contained in any of said websites. hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
5. Passwords. The passwords to access the accounts of registered Users are personal, confidential and non-transferable. Registered Users are solely responsible for maintaining the confidentiality and security of their account, and they exclusively assume the consequences of any kind regarding the activities carried out through it. Users undertake to immediately notify SMY HOTELS of any breach of the security of their account.
6. Denial of access and cancellation of accounts. SMY HOTELS reserves the right to deny access to the Website, as well as to suspend or cancel the accounts of those Users who fail to comply with these conditions; in case of unforeseen technical or security problems; of account inactivity for a significant period of time; or in compliance with a requirement and/or a police, judicial or administrative order.
Such cancellation or suspension will be carried out at the sole discretion of SMY HOTELS and will not give rise to any type of compensation.
7. Processing of personal data. Users consent to the processing of their personal data with the scope and under the terms indicated in our privacy policy, which is available on the Website, and said policy is also incorporated into these conditions by reference. In this policy, Users will find information on how to exercise their rights of access, deletion, limitation and rectification of their personal information, as well as the right to oppose its treatment and portability.
8. Intellectual property and copyright. Without prejudice to the contents over which third parties hold intellectual rights, the intellectual property rights of the Website, the domain name, its source code, design and navigation structure and elements contained therein (by way of example, images, sound, audio, video, software, or texts; brands or logos, color combinations, structure and design, etc.) are the property of SMY HOTELS, who is responsible for the exclusive exercise of the rights to exploit them in any form, and, especially the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of current intellectual property legislation. The reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of this website on any medium and by any technical means, without the authorization of SMY HOTELS or, where appropriate, is expressly prohibited. case, of the third parties that hold the intellectual property or copyright rights over the affected content. Notwithstanding the foregoing, the user of the website may view the elements of this Website and even print, copy and store them on the hard drive of their computer or on any other physical medium as long as it is, solely and exclusively, for their personal use. and private. Those entities or people who, with prior authorization from the owner of this website, intend to establish a link with it, must guarantee that it only allows access to this Website or service but does not reproduce its contents and services.
9. Applicable law and jurisdiction. Without prejudice to the rights recognized to consumers by Royal Legislative Decree 1/2007, of November 16, this website will be governed by Spanish law with the exclusion of its conflict of law rules and any controversy that may arise from its use. or the services linked to it will be subject to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca, with users expressly waiving their own jurisdiction if they have any.

COOKIES POLICY

Use of cookies

We inform you that this website installs its own and third-party cookies when visiting its pages. If you go on surfing, we will consider you accepting its use.
Cookies are non-executable text files intended to store any type of information about the user. We use these files to facilitate your navigation and obtain statistical data.
There are cookies that are controlled and managed by the owner of the Website itself (first-party cookies) and others that are controlled and managed by third parties (third-party cookies), for example, because they provide a tool or functionality integrated into the website.
Certain cookies are canceled once browsing the website has ended (session cookies) while others may continue to be stored on the users' computer and be accessed for a longer period (persistent cookies).

What type of cookies does this website use?

Technical cookies: These are those that allow the user to navigate through a website, platform or application and use the different options or services that exist therein.
- GOOGLE TAG MANAGER: cookies are the responsibility of Google Inc., with address at 1600 Amphitheater Parkway, Mountain View, CA, 94043, you can consult more information at http://www.google.com/intl/en/about.html , you will find the privacy policy at http://www.google.com/intl/en/policies/privacy/ .
- FACEBOOK CONNECT: cookies provided by Facebook Inc. Located at 1601 Willow Road, Menlo Park, CA, 94025. More information about Facebook for Developers can be found at https://www.facebook.com/FacebookforDevelopers . You have the privacy policy for these cookies at https://www.facebook.com/about/privacy/ .
Personalization cookies: These are those that allow the user to access the service with some predefined general characteristics based on a series of criteria on the user's terminal.
Analysis cookies: These are those that allow the monitoring and analysis of the behavior of the users of the websites to which they are linked. The information collected through this type of cookies is used to measure the activity of the websites, applications or platforms and to prepare navigation profiles of the users of said sites, applications and platforms, in order to introduce improvements in based on the analysis of usage data made by users of the service.
GOOGLE ANALYTICS is a tool provided by Google, Inc., 1600 Amphitheater Parkway. Mountain View, CA 94043. USA You can obtain more information about how GOOGLE ANALYTICS works and the cookies used by this service at the following links:
You can deactivate GOOGLE ANALYTICS cookies by installing the disabling add-on created by Google and available at the following link in your browser: https://tools.google.com/dlpage/gaoptout?hl=es
GA AUDIENCES is a tool provided by the company: Google Inc., with address at 1600 Amphitheater Parkway, Mountain View, CA, 94043. You can consult more information about these cookies at http://www.google.com/intl/en /about.html, the privacy policy is available on this page: http://www.google.com/intl/en/policies/privacy/ .
VISUAL WEBSIDE OPTIMIZER is a tool provided by the company Visual Website Optimiser with address at 14th floor, KLJ Tower North,, , Netaji Subhash Place, Pitampura, Delhi, 110034, India. You can consult more information about these cookies at https://vwo.com/privacy-policy/
The data derived from your browsing that may be subject to analysis are the following:
  • The provider's domain name (PSI) and/or IP address that gives them access to the network.
  • The date and time of access to our website. This allows us to find out the busiest hours and make adjustments to avoid saturation problems during our peak hours.
  • The internet address from which the link that directs to our website originated.
  • The number of daily visitors to each section. With this we can know the most successful areas and increase and improve their content so that users obtain a more satisfactory result.
Advertising cookies: We use advertising cookies to manage our advertising spaces. These cookies allow the administration of these spaces based on technical criteria such as the edited content or the frequency at which advertisements are displayed.
During your browsing, cookies of this type may be installed from the third parties identified below. Since we do not control them, we decline any responsibility regarding the content and veracity of the information and privacy policies related to these cookies.
DOUBLECLICK - GOOGLE, INC., located at 1600 Amphitheater Parkway. Mountain View, CA 94043. USA More information about these cookies at: http://www.google.com/policies/technologies/ads/ and https://support.google.com/adsense/answer/2839090? hl=en . You can disable DoubleClick cookies by visiting the DoubleClick opt-out page (in English: http://www.doubleclick.com/privacy/dart_adserving.aspx ).
FACEBOOK CUSTOM AUDIENCE - FACEBOOK, INC., with address at 1601 Willow Road, Menlo Park, CA 94025 USA and FACEBOOK SPAIN, SL, with address at Calle Pinar, 5, MADRID 28006. More information about this program at www.facebook .com/ads/website_custom_audiences/ . More details about the cookies used by Facebook at https://www.facebook.com/help/cookies/?ref=sitefooter . More information about disabling Facebook cookies at https://es-es.facebook.com/help/cookies/ or as indicated at https://www.facebook.com/about/privacy/en .

Who uses and has access to the information from the cookies we install?

Only the owner of this website and GLOBAL OBI SL, the company that provides the owner with the site maintenance and analysis service, use and have access to its cookies. Third parties that have stored cookies on your computer will have access to them.

How to manage your cookie preferences?

Most browsers automatically accept cookies, but you can configure your browser not to accept cookies or to have the browser notify you when a server wants to save a cookie. You can do this by consulting:
Chrome:
Explorer:
Firefox:
Safari:
Last modified date: August 10, 2022

GENERAL

Management company:
HOTELOGY SL
CIF B57964629
CALLE ADA BYRON, 1, ESTEL BUILDING, GROUND FLOOR, UNIT 6, PARC BIT
CTRA. PALMA – VALLDEMOSSA KM 7.4
07121 PALMA DE MALLORCA
BALEARIC ISLANDS - SPAIN

Postal address
DISSET BUILDING - OFFICE C-6 (PARC BIT)
07121 PALMA DE MALLORCA
BALEARIC ISLANDS - SPAIN

In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company that owns the domain is set out below: 'smyhotels.com' (in forward, the Web):

Company Name: HOTELOGY SL (hereinafter, SMY HOTELS)

CIF: B57964629

Registered Office: Estel Building, ground floor, unit 6, Parc Bit – Ctra. Palma – Valldemossa km 7.4, 07121 Palma de Mallorca, Spain.

Email: info@smyhotels.com

Registration data in the Commercial Registry: Sheet PM-78691 Volume 2657 Folio 210 Registration 9

INTRODUCTION

The transaction carried out through the Website will be invoiced by one of the listed companies, with which the contract is understood to have been concluded. These Terms and Conditions apply to each and every one of the companies on the list, so the expression SMY HOTELS is a reference to any of them.

The use of the Website and the contracting of the services (the “Services”) offered therein, supposes on the part of its users and/or clients (hereinafter, both interchangeably called “User” or “Users”) the acceptance of the General Contracting Conditions, Specific Conditions defined in the purchase process and the Privacy Rules that are updated periodically, so it is important that the User reads them every time they visit the Website, as well as all those specific conditions of each Service, which must also be accepted.

By simply browsing the Web, there is no agreement between SMY HOTELS and the User. SMY HOTELS offers through the Website information related to the Services it markets through it. The Website offers information about the hotels marketed by SMY HOTELS (the “Hotels”).

By accessing and using the Website, the User agrees to accept the general conditions set forth below (the “Conditions”), so it is recommended that you read this section carefully before beginning. SMY HOTELS reserves the right to change, modify, add or delete part of the Conditions at any time and to make changes to the Services without prior notice. Therefore, we recommend that you read these documents before using the functionalities offered by this website, as well as each time you access it.

All the means and technical requirements required to access the Website and the Services will be the exclusive responsibility of the User, as well as any expenses or taxes that the provision of the Services may give rise to.

SMY HOTELS offers on this Website information about its hotels and the active promotions in them, allowing users to formalize reservations directly online and manage the reservations made. Likewise, users can sign up for the loyalty program to receive commercial offers tailored to their profile. By accessing and using this Website, you agree to be bound by the conditions set out below, so it is recommended that you read this section carefully before starting your navigation.

OBLIGATIONS OF USERS

Users undertake to use this Website lawfully, in accordance with the provisions of these conditions and in a manner that does not harm the rights or interests of SMY HOTELS or third parties. By way of example and in no way limiting or exclusive, the User also undertakes to:

· Not engage in illegal activities or activities contrary to public order or good faith;
· Do not attempt to access, modify, manipulate and, where appropriate, use the accounts of other Users;
· Do not use the data published on the Web to send unsolicited communications (spam).
· Do not introduce or disseminate false, misleading, ambiguous or inaccurate information or content on the website in a way that misleads the recipients of the information, nor disseminate content of a racist, xenophobic, pornographic nature, in support of terrorism or an attack against human or minor rights;
· Do not carry out actions that involve or entail a violation of the intellectual property rights of SMY HOTELS or third parties;
· Not cause damage to the physical and logical systems of SMY HOTELS, its suppliers or third parties;
· Do not introduce or spread computer viruses on the network or use any other physical or logical systems that are likely to cause the aforementioned damage.
· Do not delete, alter, evade or manipulate any protection device or security system that was installed on the pages of this Website.

USE OF THE PRE-RESERVATION AND RESERVATION SERVICES BY THE USER THROUGH THE WEBSITE

Pre-Booking Services
The online Pre-Reservation services are merely informative, and their purpose is only to offer the user the possibility of checking the availability of a room in a hotel or aparthotel of their preference and interest.

Online Reservation Services
The purpose of the online reservation services is to reserve the rooms and apartments requested by the User in any of the hotels belonging to the Smy Hotels chain. The use of these online reservation services constitutes a contract between the parties with full and unreserved acceptance by the user of each and every one of the general terms and conditions that regulate its use, without it being necessary or required by the parties. your written transcript.

Exclusion of liability
This Website is provided “as is” and its use is carried out at the User's own risk, therefore, neither SMY HOTELS, nor its administrators, workers, suppliers or collaborators will be responsible for damages of any nature, direct or no, that derive from the use of the Website, expressly excluding SMY HOTELS to the full extent provided by Law, any type of guarantees, whether express or implicit.

SMY HOTELS does not guarantee the availability and accessibility of the Website, although it will make all reasonable efforts in this regard. Occasionally, interruptions may occur for as long as necessary to carry out the corresponding maintenance operations.

SMY HOTELS is not responsible for possible damages resulting from interference, interruptions, computer viruses, telephone breakdowns or telephone disconnections due to causes beyond the control of the aforementioned entity; delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing center, telephone lines, the Internet system or other electrical systems; nor of any other alteration that may occur in the Software or Hardware of the Users. Nor does it guarantee the absence of viruses, malware, trojans or other elements that may cause alterations in the User's computer system, documents or files, excluding any liability for damages of any kind caused to the User for this reason. Likewise, SMY HOTELS will not be liable for damages caused by third parties through illegitimate interference beyond its control.

Nor will it be liable for damages caused by the use or misuse of the contents of the Website, nor for the consequences that may arise from errors, defects or omissions in the contents that may appear on this Website provided by the Users themselves or other third parties. SMY HOTELS does not assume any obligation or responsibility regarding those services that it does not provide directly.

In no case will SMY HOTELS assume any responsibility for the contents of the links belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and legality of any material or information contained in any of said websites. hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

PASSWORDS

The passwords to access the accounts of registered Users are personal, confidential and non-transferable. Registered Users are solely responsible for maintaining the confidentiality and security of their account, and they exclusively assume the consequences of any kind regarding the activities carried out through it. Users undertake to immediately notify SMY HOTELS of any breach of the security of their account.

DENIAL OF ACCESS AND CANCELLATION OF ACCOUNTS

SMY HOTELS reserves the right to deny access to the Website, as well as to suspend or cancel the accounts of those Users who fail to comply with these conditions; in case of unforeseen technical or security problems; of account inactivity for a significant period of time; or in compliance with a requirement and/or a police, judicial or administrative order.

Such cancellation or suspension will be carried out at the sole discretion of SMY HOTELS and will not give rise to any type of compensation.

PROCESSING OF PERSONAL DATA

Users consent to the processing of their personal data with the scope and under the terms indicated in our privacy policy, which is available on the Website, and said policy is also incorporated into these conditions by reference. In this policy, Users will find information on how to exercise their rights of access, deletion, limitation and rectification of their personal information, as well as the right to oppose its treatment and portability.

INTELLECTUAL PROPERTY AND COPYRIGHT

Without prejudice to the contents over which third parties hold intellectual rights, the intellectual property rights of the Website, the domain name, its source code, design and navigation structure and elements contained therein (by way of example, images, sound, audio, video, software, or texts; brands or logos, color combinations, structure and design, etc.) are the property of SMY HOTELS, who is responsible for the exclusive exercise of the rights to exploit them in any form, and, especially the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of current intellectual property legislation. The reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of this website on any medium and by any technical means, without the authorization of SMY HOTELS or, where appropriate, is expressly prohibited. case, of the third parties that hold the intellectual property or copyright rights over the affected content. Notwithstanding the above, the user of the website may view the elements of this Website and even print, copy and store them on the hard drive of their computer or on any other physical medium as long as it is, solely and exclusively, for personal use. and private. Those entities or people who, with prior authorization from the owner of this website, intend to establish a link with it, must guarantee that it only allows access to this Website or service but does not reproduce its contents and services.

APPLICABLE LAW AND JURISDICTION

Without prejudice to the rights recognized to consumers by Royal Legislative Decree 1/2007, of November 16, this website will be governed by Spanish law with the exclusion of its conflict of law rules and any controversy that may arise from its use. or the services linked to it will be subject to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca, with users expressly waiving their own jurisdiction if they have any.

AGE OF MAJORITY AND LEGAL CAPACITY

The User declares that he or she is of legal age (over 18 years of age or 21 in some jurisdictions) and has the necessary legal capacity to contract the Services offered on the Website in accordance with the Conditions, which he or she understands in their entirety. In the event of hiring by a minor, SMY HOTELS will in no case be responsible, and the minor himself, his parents or guardians must assume the expenses and consequences that this may cause. Access to the Website is the exclusive responsibility of the Users.

ACCEPTANCE OF CONDITIONS

Once the User has accessed the Website, to proceed with the contracting of the Services, they must follow all the indications and instructions included in the purchase procedure, completing for these purposes the Specific Conditions and other forms established for each Service, which will entail reading and accepting all applicable General and Particular Conditions.

By checking in to accept Conditions, the User ratifies the contract with SMY HOTELS, confirming dates indicated in their reservation, Hotel chosen, number of rooms and people, and any other Specific Conditions of the Service that are detailed in the purchase procedure. The User undertakes to confirm the veracity and accuracy of the information provided, with any contract in which the user has provided false information being void. Bonuses or contract confirmation documents resulting from false information will not be accepted in any Hotel. In those cases in which the User has made a reservation with false information, the User will be responsible for the processing and operational expenses generated by their reservation and will compensate the hotel for the lost profits derived from the reservation of rooms that will ultimately not be contracted. by the User, nor by third parties.

The Conditions and price of the contracted reservation are those that are expressly determined in the purchase procedure, SMY HOTELS reserving the right to modify the prices prior notification to the User.

Once the contract has been made, SMY HOTELS will send the User by e-mail the receipts and/or documents applicable to the specific reservation.

These Conditions, the specific conditions of sale of the rate reserved by the User and the voucher or reservation request, express the entirety of the obligations between the parties.

No general or specific condition communicated by the User may be integrated into these Conditions.

The documents that make up the contractual commitments between the parties are, in descending order of priority, the voucher or reservation request (including the particular conditions of the reserved rate) and these Conditions.

In the event of a contradiction between the reservation voucher and the cancellation conditions, the provisions of the reservation voucher will be the only thing applicable to the obligation in question.

RATES AND BILLING

The itemized rate will show the final price of the contracted Service, indirect taxes or any other fee or tax that may be applicable in the country where the Service is provided.

Some countries request fees to enter and/or leave their territory that must be paid by the User as a tourist or visitor, and that must be collected by SMY HOTELS who must subsequently remit them to the Government of said country. SMY HOTELS will make its best efforts to ensure that the User is informed of said rate prior to contracting.

However, if any country or region introduces fees in such a way that it is not possible to notify the User prior to contracting, the User expressly authorizes SMY HOTELS to charge said fee using the chosen payment method.

Under no circumstances will SMY HOTELS send Users billing, vouchers or other documents related to the reservation in paper format. The User accepts SMY Hotels' commitment to the environment, and therefore accepts the electronic method of receiving documents.

The prices relating to the reservation of the Services are indicated before and during the reservation.

Prices are expressed per room, number of people and for the selected date.

The prices are confirmed to the User with all taxes included, excluding some local taxes such as the tourist tax and/or ecotax, in the commercial currency of the Hotel (which in certain cases may be different from the local currency of the Hotel) and are valid only for the period indicated on the website.

All reservations, regardless of their origin, must be paid in the Hotel's currency, except for particular provisions indicated in the Hotel.

Currency conversion is indicated for informational purposes only, never contractual. Only the currency confirmed at the time of booking is guaranteed (if said currency is different from that of the Hotel, any currency exchange costs will be borne by the User).

At the time of making your reservation, you can inform the data that you require to appear in the billing of the services. Some hotels can generate invoices electronically. The original file is certified and available online at the email address provided by the hotel.

PAYMENT METHODS

SMY HOTELS will indicate in the reservation form, depending on the Hotel and the advance notice, the available means of payment. The User must make the payment through any of the methods offered.

Depending on the Hotel and how far in advance the reservation is, the payment methods offered may be the following:

· Payment by credit or debit card. This payment method can be made in the following ways:

- In the Non-refundable mode, the full amount of the reservation will be charged at the time of confirming the reservation.
- In the flexible payment method, payment will be made in accordance with the reservation cancellation policies (subject to modifications).

If you accept payment by card, you must present the card upon arrival at the hotel. If the card is not shown, SMY HOTELS reserves the right to cancel the reservation.

· Payment by credit card that does not belong to the members of the reservation. In the case of a card payment in which the holder is not the person enjoying the stay, the holder must provide additional information to that required in the purchase process. If this information is not provided correctly, payment must be made at the hotel, and if it is not provided, the reservation will not be valid.

· Payment on arrival. Payment can be made at the destination by the User, in cash or by card, once they arrive at the Hotel. In this case, the User will enter, as a guarantee of the reservation, the buyer's card details and in case of modification or "no show" the penalties indicated on the Website and in the voucher will be charged by SMY HOTELS. In no case is it guaranteed that the payment method used for the initial guarantee can be used for payment at destination. Cash payments must be made in the Hotel's currency.

ADDITIONAL SERVICES

When the services of any third party that offers to provide services other than hotel reservations, such as flights, train and bus transfers, or car rental, are promoted either on the website www.SMYHOTELS.com or in any other media, these services They are operated by third parties and will be governed by the terms and conditions of said third party service provider. SMY HOTELS is not responsible for the correct provision of services or any other contingency of these third-party service providers, and is particularly not responsible for delays, cancellations or errors in the published information.

RESERVATIONS, CANCELLATIONS AND CUSTOMER SERVICE

The User may cancel the reservation through the Web, call center or from the hotel itself. If you wish to modify your reservation, you must contact the Call Center or directly with the hotel where you are going to stay.

The conditions for modification, cancellation or no-show of the reservation will be those that appear in the purchase process specified on the Website and that the User knows and expressly accepts at the time of making the reservation.

If you make a modification or cancellation that entails costs, these will be charged directly to the card that was provided as a guarantee at the time of purchase.

It will be understood as a modification:

· Modification of the entry date
· Shorten the reservation initially reserved
· Modify the number of rooms contracted if the reservation is in the cancellation period indicated on the Website
· Modify the type of reservation room

These clauses are not valid for reservations made at special rates. In this case, the respective established conditions will apply.

Contact with SMY HOTELS to request information, make suggestions or make a claim will be made through the form that is activated when accessing the “Contact” link located in the upper area of the Website or by telephone or email to the emails from each hotel in question.

NO-SHOW

It is considered a “no show” when the client does not show up at the Hotel on the day of arrival and has not canceled the reservation. In case of no-show when the reservation has been guaranteed by credit card, SMY HOTELS will charge the rate indicated in the cancellation policy shown at the time of making the reservation. The charge will be issued to the credit card that the client provided to guarantee the reservation. Cancellation policies may vary depending on the market and reserved dates, always being shown in the sales conditions of the reserved rate.

If you have opted for a Non-refundable rate when making your reservation, the penalty would be 100% of the total amount of the stay.

STAY AT THE HOTEL

Upon arrival at the Hotel, the means of confirmation of the reservation will always be the voucher.

The User agrees to carry the voucher and display it at the time of check-in, accepting that if said document is not presented, the conditions of the reservation cannot be guaranteed.

The User accepts and undertakes to use the room and facilities of the Hotels appropriately. Any behavior contrary to good customs and public order may allow the Hotel to ask the User to leave the establishment without any compensation or without any type of refund if a charge has already been made.

VALIDITY OF OFFERS

The offers on the Website will only be valid for as long as they remain accessible to Users for effective contracting through the established purchasing process.

The quote shown on the Website is based on the current rate for the User's country of residence, taking their IP address as a reference. In the event that a discrepancy between the User's access IP and their country of origin results in an erroneous calculation, SMY HOTELS reserves the right to modify the system quote by notifying the User in advance.

In the event that SMY HOTELS cancels the reservation due to a fortuitous event or force majeure, the reservation will be canceled without the right to claim or compensation. This assumption must be communicated to the User, if possible, through the channel used to confirm the reservation.

CONSERVATION PRINCIPLE

If one or more of the clauses included in the Conditions are declared totally or partially null or ineffective, this declaration will affect only said provision or that part that has been so declared, the Conditions subsisting in everything else, having such provision or the part of the same affected, for not putting it.

NOTIFICATIONS

All notifications, requirements, requests and other communications that must be made by the parties in relation to the Conditions, must be made in writing and will be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the latter's email.

LOYALTY PROGRAM

Smy Club, everything is advantages
Discover Smy Club and start benefiting from multiple exclusive advantages from the first moment.

· The best price, guaranteed
· +10% additional discount
· Free room upgrade (Subject to availability)
· Priority check-in / check-out
· Exclusive offers
· Priority information on new campaigns
· Free early check-in from 1:00 p.m. (Subject to availability)
· Free cot
· Free cancellation due to COVID-19

These benefits may be modified at any time.

Conditions of participation in the program
To be part of Smy Club you must be of legal age and register through the website https://www.smyhotels.com/es/signup/ by completing all required fields. You can only benefit from the benefits of Smy Club by booking through our website www.smyhotels.com.

Communications by electronic means
Smy Hotels may periodically send electronic communications to the members of its loyalty program to inform them about promotions and offers in force at all times.

Data Protection
Users who register with Smy Club consent to the processing of their personal data in accordance with the provisions of the privacy policy.