1.- IDENTIFICATION OF THE PARTIES.
On the one hand, “HOTEL NOGUERA MAR, S.L.”, hereinafter NOGUERA MAR HOTEL, with address at Calle LLAC MAJOR, 3, 03700 Dénia (Alicante) and CIF: B-54011457, and owner of the domain www.nogueramarhotel.com, hereinafter Website.
And on the other hand, the User who contracts the products offered on the Website and whose identification data are those provided directly by the user through the incorporation of his/her data in the different forms that NOGUERA MAR HOTEL makes available to access any of the services offered through the Website.
2.- APPLICABLE LEGISLATION.
These General Booking Conditions are subject to Spanish legislation, to the provisions of Law 7/1998, of 13 April, on General Booking Conditions; in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws; in Royal Decree 1906/1999, of 17 December, which regulates the Telephone or Electronic Booking with General Conditions; Organic Law 3/2018, of 5 December, on the Personal Data Protection and guarantee of digital rights; Law 7/1996, of 15 January, on the Regulation of Retail Trade; and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce; DECREE 19/1997, of 11 February, of the Valencian Government, approving the system of prices and reservations in tourist accommodation.
3.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.
The present General Booking Conditions which govern the provision of the services, have the purpose of regulating the access and the system of acquisition of the services provided by NOGUERA MAR HOTEL to the User on the Website, constituting the legal framework which develops the contractual relationship.
The User will always and in any case have access, prior to the beginning of the procedure of Booking of the services, to the General Booking Conditions, being able to be stored and/or reproduced in a durable support.
NOGUERA MAR HOTEL places at the disposal of the User an e-mail address, email@example.com, where he/she can contact through the contact form in order to attend to any doubt in relation to the present General Conditions of Reservation.
The User expressly accepts the full and unreserved adherence to the present stipulations in the version published by NOGUERA MAR HOTEL at the moment in which the User accesses the Website and has been able to access these General Booking Conditions, or contracts the services in which he/she is interested.
The User undertakes to read the General Booking Conditions carefully each time he/she books a service, given that they may have been modified since the last time he/she accessed them.
By accepting these General Booking Conditions, the User declares:
Ø That he/she is a person with the capacity to contract.
Ø That he/she has read and accepts these General Booking Conditions.
The User, who declares that he/she has sufficient legal capacity* to contract, will be linked to these GBC at the moment that he/she makes a reservation in any of the channels indicated above.
*LEGAL LIMITATIONS: It is understood that the User is not under 18 years of age. Minors are technically restricted from registering on this website and therefore may not make purchases or reservations, in compliance with legal regulations. Data sent by minors will not be processed, as this is prohibited by law.
NOGUERA MAR HOTEL will be able to modify the present General Booking Conditions, without affecting the services acquired by the Users prior to the modification, as long as there is sufficient cause or reason to do so. It is understood that there is sufficient cause or reason for the modification, including but not limited to, when the purpose of the modification is to:
- Extend the range or number of services made available to the User or improve the existing ones.
- Adapt the services covered by this contract to the advances that may occur due to the development of new information technologies.
- Modify, replace or update the prices of the services offered on the Website.
5.- OBLIGATIONS OF THE PARTIES.
These General Booking Conditions apply to any Booking of services on the Website.
5.1.- Obligations of NOGUERA MAR HOTEL:
NOGUERA MAR HOTEL undertakes to comply with the following contractual obligations derived from the commercial relationship with the User as a consequence of the Booking of services by the User:
- To provide the services requested by the User with the maximum guarantees in accordance with the provisions of these General Booking Conditions and without breaching good contractual faith.
- Expressly inform the User of the existence of these General Booking Conditions prior to the start of the Booking procedure.
- Inform the User prior to the Booking and in a concrete, clear, precise and unequivocal way, of the specific characteristics of the services requested, such as the price of the same and the applicable taxes.
- To make available to the User the GBC and the specific conditions where applicable. Likewise, and for those services that so require, the applicable Particular Conditions will be made available to the User prior to the Reservation
- Comply with the provisions of the regulations on the rights of consumers and users.
5.2.- User’s Obligations:
For his/her part, the User undertakes the following contractual obligations:
- To fully comply with the provisions of these General Booking Conditions when booking the services offered by the Websit
- To complete the registration forms prior to the start of the Booking procedure with truthful and current information in order to access any of the services offered on the Website. Likewise, the User guarantees and shall be responsible for keeping them completely updated for as long as he/she remains a User of the Website.
- To complete the forms for accessing the services, with truthful and current information, as said data is necessary for the issuing, if applicable, of the invoice by NOGUERA MAR HOTEL and the collection of the contracted services.
- To correctly provide the bank details requested by NOGUERA MAR HOTEL, as well as to pay the price of the contracted services in accordance with the chosen form of payment and with the current rates published by NOGUERA MAR HOTEL on the Website at the moment of the Reservation.
- To omit sending messages that in any way impede or hinder the normal functioning of the services offered by the Website. In any case, the User will be solely and totally responsible for the content of the messages that he/she writes or sends, as well as for the data that he/she provides.
6.- PAYMENT CONDITIONS. PRE-CONTRACTUAL AND CONTRACTUAL IMPROVEMENT.
Reservations can be made, as indicated above, through three channels: Website, e-mail or telephone call.
The advance payment to make the reservation consists of paying the price of the first night, however, and in the event that this percentage varies, the User will be previously informed on the Website or by e-mail, depending on the chosen contracting channel.
When making an on-line reservation, the User will receive a confirmation e-mail which will include confirmation that the order is in the process of being confirmed. If you are a consumer, once the charge corresponding to your reservation has been made, you will receive an email confirming the same, which will serve as proof of your reservation.
The parties are not bound until the contract has been perfected at both the pre-contractual and contractual stages
If NOGUERA MAR HOTEL, in spite of acting with due foresight and diligence, could not provide the contracted rooms for reasons not attributable to them and if it were impossible to provide the services in the agreed conditions, NOGUERA MAR HOTEL will offer the User the possibility of opting for the total reimbursement of the amount paid or for its substitution for another of similar characteristics in terms of category or quality. If the substitution results in a service of inferior category or quality, NOGUERA MAR HOTEL will reimburse the difference.
The prices published on the website include the corresponding VAT (IVA), as well as the additional taxes according to the tax rate applicable at the time of contracting.The User will be able to know the amount of such costs at the time of contracting the service.
The prices of the accommodation are indicated, depending on the case, per room and night. NOGUERA MAR HOTEL is not responsible for possible errors in the published prices. In case of error in the price of the services that the User has contracted, we will inform the User as soon as possible and we will give him/her the option of reconfirming his/her purchase at the correct price or cancelling it. If we are unable to contact the User, the reservation will be considered cancelled and the amounts paid will be refunded in full.
NOGUERA MAR HOTEL reserves the right to modify the price list published on the Website when it considers it appropriate. In any case, the above will not be applicable to those services contracted prior to the modification
9.- PAYMENT METHODS.
The User has the following means of payment:
– Credit Card (Mastercard and Visa)
10.- CHECK IN AND OUT.
As for the time to check in, it will correspond to 14:00 hours, and as for the time to check out, you must leave the house at 12:00 hours.
- – CONDITIONS FOR CHILDREN AND EXTRA BEDS
Children under 18 years of age must stay at the Hotel accompanied by their parents, guardians or adults duly authorised by them. The Hotel staff may require the relevant documentation identifying the adults as their parents/guardians or authorised persons.
For children under 12 years old, please contact the hotel’s reservations department to request a baby cot.
12.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS, AND LEGAL GUARANTEE.
To exercise the rights of cancellation, withdrawal and use of the guarantee, the user must contact NOGUERA MAR HOTEL through Tel. +34 9664756509 or firstname.lastname@example.org.
12.2.- Right of Cancellation.
In case of cancellation, modification or absenteeism, the following penalties will be applied:
NON-REFUNDABLE bookings will have no cancellation option and the full amount of the booking will be charged at the time of booking.
*In low season (March, April, May, October – except long weekends and holidays) cancellations within 48 hours of arrival will be free of charge. After this period, 100% of your booking will be charged.
*In mid season (June and September, long weekends and holidays), cancellations within 7 days of arrival will be free of charge. After this period, the amount of the first night will be charged and if you cancel 48 hours before your arrival, the hotel will charge 100% of your reservation.
*In high season (July and August), the cancellation of the reservation within the fifteen days prior – in July and August – to the date of occupancy of the room will result in the loss of the amount paid on account.
If the cancellation is made before the fifteen days prior to the date of occupancy of the room, this amount will be returned to the client. If the cancellation is made a week before, the hotel will charge 100% of the reservation.
In the event that the client, already staying, leaves the room, during the low season the 48 hours after the cancellation will be charged and during the rest of the seasons 100% of the reservation will be charged.
12.3.- Right of Withdrawal.
In accordance with Article 103 letter L of the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, “The right of withdrawal shall not be applicable to contracts that refer to: The provision of accommodation services for purposes as housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance”.
13.- RESPONSIBILITY OF THE PARTIES.
13.1.- Responsability of NOGUERA MAR HOTEL.
The content of the present Website is presented for the sole purpose of promoting the services of NOGUERA MAR HOTEL, without any other guarantee of any nature whatsoever.
The User is warned that the use of electronic systems entails certain risks. NOGUERA MAR HOTEL will only be responsible for the damages that the User may suffer as a consequence of the acquisition of the services.
In particular, NOGUERA MAR HOTEL is exempt from any responsibility for possible damages:
- that may be caused by the lack of availability and/or continuity of the Website.
- that may be generated to the User in the case of impossibility of providing the service which is the object of the present General Booking Conditions due to fortuitous events, force majeure or other causes not attributable to NOGUERA MAR HOTEL. To these effects, the following are considered beyond the control of NOGUERA MAR HOTEL (i) the modem, (ii) the User’s computer system, (iii) the navigation software, (iv) viruses, (v) the interconnection of telephone and electrical networks, (vi) ADSL, RDSI, and/or any other transport or telecommunications infrastructure used by the User.
- NOGUERA MAR HOTEL does not accept any responsibility for the inadequate functioning of the Website if this is due to maintenance work, incidents, a defective functioning of the User‘s terminal or its insufficient capacity to support the indispensable systems to make use of the service.
NOGUERA MAR HOTEL does not guarantee the absence of viruses or other elements in the Website that could produce alterations in your computer system, nor the usefulness, accuracy, updating or infallibility of the contents or services not controlled by them.
NOGUERA MAR HOTEL will adopt the appropriate measures to ensure a rapid response, but cannot be held responsible for delays due to telecommunication services, nor can it guarantee a specific period of time for the provision of services.
13.1.- User’s responsibility.
The User will be the only responsible for the consequences derived from the communication of data that is not true as well as data belonging to persons other than the User.
To adopt the necessary security measures, both personal and material, to maintain the confidentiality of their User name and password, as well as to immediately notify NOGUERA MAR HOTEL of the loss, misplacement, theft, robbery or illegitimate access of their User name, as well as its knowledge by third parties.
In case of non-fulfilment by the User of his contractual obligations, NOGUERA MAR HOTEL reserves the right to take the opportune legal actions, as well as the right to restrict the access to the services offered in the Website.
14.- BREACH OF CONTRACT.
Both contracting parties must proceed to comply with the obligations assumed in this contract in the terms established throughout it. In the event that either of the parties should fail to comply with any of the essential obligations of this contract, or should fail to comply with them in a defective manner, the party that has in turn complied with its own obligations may consider that there has been a breach of contract under the terms established in Article 1.124 of the Civil Code, being entitled to choose between terminating the contract or demanding compliance, claiming, in both cases, the corresponding compensation for damages.
NOGUERA MAR HOTEL designates the address specified in the Legal Notice as the contact address for the purpose of making the opportune notifications.
The email provided by the User during the registration process shall be used by NOGUERA MAR HOTEL as an address to service.
The User is obliged to keep the data duly updated for the purposes of notifications referred to in this clause.
All notifications made by NOGUERA MAR HOTEL to the user shall be considered validly made if they have been made using the data and through the aforementioned means. NOGUERA MAR HOTEL shall not be liable for any damage that may occur due to the User‘s failure to keep their contact details up to date.
- NULLITY AND INEFFECTIVENESS OF CLAUSES.
If any clause included in these General Booking Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect said provision or the part thereof that is null and void or ineffective, and the General Booking Conditions shall remain in force in all other respects.
- DURATION OF THE GENERAL BOOKING CONDITIONS.
The period of validity of these General Booking Conditions shall be the time that they remain published on the Website and shall be applicable from the moment the User proceeds to book any of the services.
18.- APPLICABLE JURISDICTION.
In case of litigation between the parties, territorial jurisdiction shall correspond, imperatively, to the Court of Dénia.