Legal notice | ExploreMallorca

Sebastiano Mosele, a self-employed worker operating under the trade name Explore Mallorca, hereinafter THE OWNER, responsible for the website www.exploremallorca.es, makes this Legal Notice available to users in order to comply with the obligations set out in:

Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE).
Regulation (EU) 2016/679 of the European Parliament and of the Council, relating to the protection of natural persons with regard to the processing of personal data (GDPR).
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

Any person who accesses this website assumes the role of user, committing to the strict observance and compliance with the provisions set out herein, as well as any other legal provisions that may be applicable.

THE OWNER reserves the right to modify any information that may appear on the website, without any obligation to notify users in advance, the publication of changes on the website itself being considered sufficient notice.

1. Identification details

Owner: Sebastiano Mosele
Trade name: Explore Mallorca
NIF: Z0203746V
Address: Avinguda Méxic 23, 1-G, 07007, Palma, Illes Balears, Spain
Website: www.exploremallorca.es and subdomains
General email: info@exploremallorca.es
Support and customer service: support@exploremallorca.es · www.exploremallorca.es/support (ticket system)
Legal contact / GDPR: sebastiano@exploremallorca.es
Commercial Register: Not applicable (activity carried out as a self-employed worker).

2. Purpose

Through the website www.exploremallorca.es, Explore Mallorca provides users with information about its active tourism services, excursions, activities and experiences in Mallorca, as well as the possibility of making bookings and contracting said services directly online.

Additionally, Explore Mallorca makes available to the public the Interactive Map of Mallorca, accessible at map.exploremallorca.es, a tourist discovery tool that includes points of interest, activities, experiences and resources selected by THE OWNER. Basic access to the Map is free; full access to all its features requires taking out a paid subscription, managed through the Stripe payment gateway. The Map may include links to third-party platforms for the purchase of tickets or the booking of experiences.

The content and information published on this website and on the Interactive Map is purely informative and descriptive in nature, and does not constitute a binding offer except under the terms established in the booking process.

3. Privacy and data processing

When access to certain content or services requires the provision of personal data, users shall guarantee their truthfulness, accuracy, authenticity and validity. THE OWNER will process said data in accordance with its nature or purpose, as indicated in the Privacy Policy.

The user may at any time exercise their rights of access, rectification, erasure, portability, restriction of processing and objection, as recognised in Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD), by means of a written request addressed to the address indicated in section 1 or to the email address sebastiano@exploremallorca.es. For more information, please consult our Privacy Policy.

4. Industrial and intellectual property

The user acknowledges and accepts that all content displayed on the website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs capable of industrial and/or commercial use are subject to Intellectual and Industrial Property rights, being the exclusive property of THE OWNER and/or of third parties who have authorised their use.

Access to the website in no case implies any waiver, transfer, licence or total or partial assignment of said rights. The user undertakes not to reproduce, copy, distribute, make available to the public or, in general, publicly communicate, transform or modify such content, keeping THE OWNER harmless from any claim arising from non-compliance with said obligations.

The content, texts, photographs, designs, logos, images, computer programs and, in general, any intellectual creation on this site, as well as the website itself as a whole, are protected by intellectual property legislation. The content on the website may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation from THE OWNER has been obtained.

It is expressly prohibited to suppress, circumvent and/or manipulate the copyright notice, as well as the technical protection devices or any information mechanisms that the content may contain. THE OWNER reserves the right to exercise all legal actions available to it in defence of its legitimate intellectual and industrial property rights.

5. User obligations and responsibilities

The user undertakes to make appropriate and lawful use of the website, its content and services, in accordance with: (i) applicable legislation at any given time; (ii) this Legal Notice; (iii) generally accepted morality and good customs, and (iv) public order.

Likewise, the user must refrain from:

Making unauthorised or fraudulent use of the website and/or its content for unlawful purposes or effects that are harmful to the rights and interests of third parties.
Accessing or attempting to access restricted resources or areas of the website without meeting the conditions required for such access.
Causing damage to the physical or logical systems of the website, its providers or third parties.
Introducing or disseminating computer viruses or any other physical or logical systems capable of causing damage to the systems of THE OWNER, providers or third parties.
Attempting to access, use and/or manipulate the data of THE OWNER, third-party providers and other users.
Reproducing, copying, distributing or publicly communicating, transforming or modifying content without authorisation from the rights holder.
Transmitting, disseminating or making available to third parties any content that is illegal, defamatory, discriminatory, violent, obscene or contrary to public order.

If the user breaches any of the obligations established in this Legal Notice, negligently or wilfully, they shall be liable for all damages and losses that may arise from said breach for THE OWNER or third parties.

6. Liabilities

THE OWNER does not guarantee continued access, nor the correct display, download or usefulness of the elements and information contained on the website, which may be hindered, impeded or interrupted by factors or circumstances beyond its control.

THE OWNER accepts no responsibility for damages of any nature that may be due, by way of example and not limitation, to:

Interference, interruptions, failures, omissions, breakdowns or disconnections in the operation of the electronic system, caused by reasons beyond the control of THE OWNER.
Unlawful intrusions through the use of malicious programs or computer viruses through any means of communication.
Improper or inadequate use of the website by the user.
Security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions thereof.
Decisions made by the user as a result of accessing the content or information offered on the website.

THE OWNER reserves the right to withdraw, in whole or in part, any content or information present on the website, as well as to interrupt or terminate the relationship with the user if non-compliant use of this Legal Notice is detected.

The user shall keep THE OWNER harmless from any damages and losses arising from claims, actions or demands by third parties as a result of their access to or use of the website.

7. Hyperlinks

The user undertakes not to reproduce in any way, not even through a hyperlink or deep link, the website or any of its content, without the express written authorisation of THE OWNER.

The website may include links to other websites managed by third parties, in order to facilitate the user's access to information from partner companies and/or service providers. THE OWNER is not responsible for the content of such third-party websites, nor does it guarantee the services and/or information they may offer.

A limited, revocable and non-exclusive right to create links to the main page of the website is granted to the user exclusively for private and non-commercial use, provided that the relationship with Explore Mallorca is not misrepresented, no inappropriate or unlawful content is included, and the website is not reproduced within a "frame" or window of another site. THE OWNER may request the removal of any link to the website at any time.

8. Data protection

To use some of the services on the website, the user must provide certain personal data. THE OWNER will process this data in accordance with Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 (LOPDGDD) and Law 34/2002 (LSSICE), applying appropriate technical and organisational security measures to guarantee the confidentiality and integrity of the information.

The user may consult full information on the processing of their personal data, the purposes, the legal basis, the retention periods, the recipients and the exercise of their rights in the Privacy Policy available on this website.

In the event of a discrepancy between this Legal Notice and the Privacy Policy regarding data protection, the provisions of the Privacy Policy shall prevail.

The website www.exploremallorca.es uses its own and third-party cookies in order to improve the user experience, analyse browsing behaviour and, where applicable, display content or advertising related to the user's interests.

In compliance with Law 34/2002 (LSSICE) and the guidelines of the Spanish Data Protection Agency (AEPD), users are informed of the following categories of cookies used on this site:

Strictly necessary technical cookies: These are essential for the correct functioning of the website and cannot be deactivated. They do not require the user's consent.
Analytical cookies: These allow us to know the number of visitors, the most visited pages and the behaviour of users on the site for statistical purposes. They require the user's consent (e.g. Google Analytics).
Preference or personalisation cookies: These allow the user's preferences to be remembered (language, region, etc.). They may require consent depending on their origin.
Third-party cookies: Certain services integrated into the website (booking platforms, social networks, payment gateways) may install their own cookies. These third parties have their own privacy and cookie policies, over which THE OWNER has no control.

When accessing the website for the first time, the user will see a cookie management panel that will allow them to accept or reject each category of cookies. If the user accepts non-necessary cookies, they give their express and informed consent to their use. In case of refusal, only essential technical cookies will be used.

The user may revoke their consent and configure or deactivate cookies at any time through the cookie preferences panel available on the website, or through their browser settings. Deactivating certain cookies may affect the correct functioning of the site or the availability of some services.

For complete information on the cookies used, their purposes, retention periods and how to manage them, please consult our Cookie Policy available on the website.

10. The Interactive Map of Mallorca (map.exploremallorca.es)

The website www.exploremallorca.es incorporates an interactive map accessible at map.exploremallorca.es (hereinafter, "the Map"), developed using the Zonemaps platform, a Software as a Service (SaaS) provided by Zoneatlas Oy (Business ID: FI21635806, Hallituskatu 23, 33200 Tampere, Finland; hello@zoneatlas.com). The editorial content of the Map — selection of points of interest, activities, resources and recommendations — is the exclusive responsibility of Explore Mallorca.

Cartographic data and mandatory attributions

The Map uses cartographic data provided by OpenStreetMap (https://www.openstreetmap.org/copyright) and MapTiler (https://www.maptiler.com/copyright/). The use of said data is subject to their respective licence terms and attribution conditions, which THE OWNER undertakes to respect.
The technological infrastructure of the Map is managed by Zoneatlas Oy in accordance with its own Terms and Conditions and Privacy Policy, available at https://zoneatlas.com. The contractual relationship with Zoneatlas Oy is governed by Finnish law, without prejudice to the rights of end users recognised by Spanish and European legislation.

Data collected when using the Map

Access to the Map may result in the collection of anonymised usage data by Zoneatlas Oy through its own analytics tool (OpenPanel), in order to optimise performance and the user experience. Said data does not include personally identifiable information of Map visitors and is stored on AWS servers located in the European Union (Stockholm, Sweden). For more information, please consult the Zonemaps Privacy Policy at https://zoneatlas.com.

Access to the Map: free and paid subscription

The Map offers a free access level with limited content, visible to any user without the need for registration.
Full access to the Map and all its features is subject to the purchase of a paid subscription. The price, the duration of the subscription period and the specific conditions will be those indicated at the time of purchase on the corresponding page of the website.
Subscription payments for the Map are processed by Stripe Payments Europe, Ltd., an entity domiciled in Ireland, in accordance with its own Terms of Service and Privacy Policy (available at https://stripe.com/privacy). The user's payment data is processed directly by Stripe and is not stored by Explore Mallorca. THE OWNER acts as the data controller for personal data linked to the subscription; Stripe acts as the data processor for payment data.
Access to the Map is acquired through a one-time payment, with no automatic renewal. Full access will be maintained until 31 December of the current year, at which point it will expire.
At the time of purchasing full access, if the user expressly requests the immediate commencement of the digital service, they acknowledge and accept that they lose their right of withdrawal of fourteen (14) days, in accordance with article 103.a) of Royal Legislative Decree 1/2007. This waiver will be expressly obtained before confirming payment.

Limitation of liability for the Map

The data, locations and content shown on the Map are purely informative and indicative in nature. They should not be used as a navigation tool or as an official geographical reference source.
THE OWNER does not guarantee the accuracy, completeness or permanent updating of the cartographic information, which may be subject to changes by the data providers (OpenStreetMap, MapTiler).
THE OWNER accepts no responsibility for interruptions, errors or failures in the availability of the Map arising from incidents on the Zonemaps platform or its infrastructure providers, as these are third-party services beyond the direct control of Explore Mallorca.
Some content or links in the Map may include affiliate codes. For more information, please consult section 11 of this Legal Notice.

11. Affiliate links and commercial relationships

In compliance with the provisions of article 20 of Law 34/2002 (LSSICE) and Law 3/1991, of 10 January, on Unfair Competition, Explore Mallorca informs users of the existence of commercial affiliate relationships with third parties on its website and in the Interactive Map.

What is an affiliate link?

Some of the links published on www.exploremallorca.es and in the Interactive Map (map.exploremallorca.es) are affiliate links. This means that if the user accesses said links and makes a purchase or booking through them, Explore Mallorca may receive a commission or remuneration from the destination provider or platform, without any additional cost to the user.

Platforms with which affiliate relationships are maintained

Tiqets (www.tiqets.com) — ticket and experience sales platform.
Other activity and tourist experience platforms in Mallorca, which will be identified in the context of each link.

Editorial independence

Affiliate relationships do not condition or influence the selection, order or assessment of the content, activities or places recommended by Explore Mallorca. Recommendations are made exclusively based on criteria of quality, relevance and interest for the user.

Identification of affiliate links

Affiliate links are or will be identified by means of a visible notice near them. The indicative text used is as follows:

"Affiliate link. If you make a purchase or booking through it, Explore Mallorca may receive a commission, at no additional cost to you.".

Liability for purchases made through affiliate links

Transactions made through affiliate links are governed by the terms, conditions and policies of the destination provider or platform. Explore Mallorca does not intervene in the purchase process nor assumes any responsibility for the products, services, prices, availability or customer service offered by said third parties. For any complaint relating to a purchase, the user must contact the relevant provider directly.

12. Electronic contracting

Paid subscription to the Interactive Map (map.exploremallorca.es)

Subscription process: The user may purchase full access to the Map by selecting the available subscription plan, providing their data and completing payment through the Stripe gateway. Before confirming payment, a summary with the price, billing frequency and renewal conditions will be shown.
Payment gateway — Stripe: Payments are processed securely by Stripe Payments Europe, Ltd. THE OWNER does not store or have access to the user's full payment card details. Stripe applies the 3D Secure protocol and complies with the PCI DSS standard.
Automatic renewal: The subscription does not renew automatically upon expiry of the current year.
Right of withdrawal for digital subscription: The user has a period of fourteen (14) days from contracting to exercise their right of withdrawal without justification, in accordance with article 102 of Royal Legislative Decree 1/2007. However, if the user expressly requests immediate access to the Map and expressly acknowledges that they lose this right when the provision of the digital service commences, said waiver will be recorded at the time of purchase and withdrawal will not be applicable. To exercise the right of withdrawal (where applicable), the user must communicate this to support@exploremallorca.es before the deadline expires.

Conditions

Document archiving: THE OWNER will archive the electronic document formalising the contract and will make it available to the user upon request, for the legally established period.
Contract language: The contract will be concluded in Spanish. Documents relating to the contract may also be available in English and other languages for information purposes.
Error correction: The user may correct the data entered before confirming payment. Once the transaction is completed, any modification must be communicated to THE OWNER through the channels indicated in section 1.

In accordance with the provisions of article 21 of Law 34/2002 (LSSICE), THE OWNER will only send commercial and/or advertising communications by electronic means to users who have given their express and unequivocal consent to do so.

The user may subscribe to the Explore Mallorca newsletter by providing their email address and ticking the corresponding acceptance box. Subscription is voluntary and can be cancelled at any time.

In each commercial communication sent, the user will have a simple and free mechanism to unsubscribe from the distribution list (unsubscribe link). Likewise, the user may exercise their right to object to the sending of commercial communications or manage their subscription preferences by contacting: info@exploremallorca.es.

14. Online dispute resolution (ODR)

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes, consumers and users are informed of the possibility of accessing the Online Dispute Resolution (ODR) Platform of the European Commission, available at:

https://ec.europa.eu/consumers/odr/

This platform allows consumers and traders in the European Union to resolve their disputes arising from online sales or service contracts, without the need to go to ordinary courts.

Nevertheless, THE OWNER undertakes to attempt to resolve any complaint or incident directly with the user, amicably, before resorting to alternative or judicial dispute resolution mechanisms. To do so, the user may contact support@exploremallorca.es or open a ticket at www.exploremallorca.es.

15. Declarations and warranties

In general, the content and services offered on the website are purely informative in nature. Consequently, in offering them, no guarantee or declaration of any kind is given in relation to the content and services offered on the website, including, by way of example and not limitation, guarantees of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such declarations and warranties cannot be excluded by law.

THE OWNER reserves the right to update, modify or remove the information contained on its website, and may even limit or deny access to such information. THE OWNER declares that it has taken all necessary measures, within its capabilities and the state of technology, to ensure the functioning of the website and minimise system errors, both from a technical point of view and in terms of published content.

16. Force majeure

THE OWNER shall not be liable in any case for the impossibility of providing service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, insurrection, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

17. Applicable law and jurisdiction

These conditions shall be governed and interpreted in accordance with current Spanish legislation.

For the resolution of any dispute arising from access to or use of the website with users who have consumer status, the court of the consumer's domicile shall have jurisdiction, in accordance with the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007). In business-to-business (B2B) relationships, the parties expressly submit to the Courts and Tribunals of the domicile of THE OWNER, waiving any other jurisdiction that may apply to them.

In the event that any provision of this Legal Notice is found to be null and void or ineffective, said nullity shall not affect the remaining provisions, which shall maintain their full force and effect. THE OWNER shall proceed to modify or replace the affected provision with another valid one that, as far as possible, achieves the same objective.