GENERAL TERMS AND CONDITIONS FOR CONTRACTING TOURIST SERVICES
The purpose of this document is to regulate the general terms and conditions for contracting the services of Pre-booking and Online booking with respect to IFA HOTEL FARO MASPALOMAS, S.A.U., (henceforth LOPESAN), a company with its business address at Plaza de Colón, nº 1, SAN BARTOLOME DE TIRAJANA, 35100 – LAS PALMAS, with Fiscal Identity Number A-35.011.808 and entered in the Las Palmas Mercantile Registry on Folio 11 of Volume 1434 on Sheet GC-21332.
These General Conditions for Contracting Tourist Services are an integral part of the Legal Notice. Access to and browsing on the web site, or the use of its services, implies acceptance of these Terms and Conditions (and thus the Legal Notice, Privacy Policy and Cookies Policy published on the web site). Please read them carefully.
The use of web services will imply complete unreserved acceptance, including validity, of each and every one of the General Terms and/or Conditions for Contracting -which will be considered to be automatically included within the contract signed with LOPESAN HOTEL GROUP, without the necessity for a written transcription therein- included in the latest updated version of these General Terms and/or Conditions. In the event that the services or products offered through the web site are subject to their own specific conditions that, in each case, replace, complete and/or modify these General Conditions, then LOPESAN will notify the User in each specific case.
SERVICES OFFERED THROUGH THE WEB SITE
The services offered through www.hotelfarolopesancollection.com are the following:
a. Information on the availability of hotel rooms and/or services: this is a service for information purposes only, and has the sole aim of providing the User with the possibility to check the availability of rooms and/or services. This service will be managed directly by LOPESAN.
b. The online booking of rooms and/or services: this implies the booking of the room and/or other specific services through the web site. This service will be managed directly by LOPESAN. The use of these services will imply full unreserved acceptance, including validity, by the User, of each and every one of the clauses and conditions in the contracting of services, which will be directly applicable to the contracted services, without the necessity for a written transcription thereof.
c. Package booking: this implies the contracting of a package for an inclusive price covering the hotel room and services (internal or external for the hotel), without the price for each item being listed. This service will be managed directly by LOPESAN HOTEL GROUP. The use of these services will imply full unreserved acceptance, including validity, by the User, of each and every one of the clauses and conditions in the contracting of services, which will be directly applicable to the contracted services, without the necessity for a written transcription thereof.
d. Hotel + flight bookings: this implies the contracting of a package for an inclusive price for a hotel room and a return flight with an airline and, in some cases, the hire of a vehicle without a driver, or other additional services. This service will be provided through an external provider.
e. “Golf only” bookings: this implies the booking of a Green Fee. This service will be provided through an external provider.
f. “Only Spa/Thalasso” bookings: this implies the booking of any of the services provided by our Spa/Thalasso establishments. Services will be provided by an external provider.
Clear precise information regarding the detailed price of the products or services, online bookings and packages, and all information which is mandatory under regulations governing hotel accommodation, package holidays, or whatsoever is contracted in your particular case, will be provided through the web page in the specific conditions for each of the services which are finally contracted by the User.
CLAUSES COMMON TO ALL SERVICES
In order to access services on the web site and, in the event, contract them, the User states that he/she is of legal age and has the legal capacity to enter into contracts in accordance with his/her national law.
The contracting of services offered directly by LOPESAN through the web site will imply complete unreserved acceptance, including validity, of each and every one of the General Terms and/or Conditions -which will be considered to be automatically included within the contract signed with LOPESAN HOTEL GROUP, without the necessity for a written transcription therein- included in the latest updated version of these General Terms and/or Conditions.
In the event of contracting products from third parties offered through the web site, it will be they who determine the general conditions, and thus the User is reminded of the importance of printing or downloading them, and reading them carefully.
2.1 Contracting procedure
In accordance with Current Legislation in Spain, specifically the provisions of article 27 a) of Law 34/2002, of 11th July, on Information Society and Electronic Commerce Services, any contracting through hotelfarolopesancollection.com will take place through the following steps:
Step 1 “Choose Hotel/Service”: Selection of the hotel or other service via search parameters, together with the dates for the stay or period for the contracted service.
Step 2 “Choose Package”: Choice of the service or type of room, number of rooms, number of persons and accommodation type. In the final step, the User may also contract extras and additional services which will be reflected in the final price.
Step 3 “Confirm Booking”: Confirmation of the reservation through both the entry of personal data by the User relating to the booking, and the bank card used as a guarantee or to make online payment for the contracted service, and acceptance of the terms and conditions for the booking. To do that, the client will have to provide personal data (name* and surname*, postcode, country*, email* and/or telephone number), together with the data from a credit card in his/her name (Card holder*, credit card number*, expiry date* and CVC*), the use of which will depend on the payment method chosen by the client from among the options provided. The data relating to the credit card will not be requested in the event that the payment is made via bank transfer.
All personal data marked with the (*) symbol is obligatory and essential for the service provision.
On completing the form with personal data during any of the contracting procedures, the holder of the data authorises LOPESAN to use and handle in an automated manner the personal data provided, in order to process the requested booking and/or manage the internal or external services of the LOPESAN HOTEL GROUP. The client making the booking is notified that their personal data will be given to the hotel or destination establishment, in order to manage the booking and guarantee its execution.
2.2 Confirmation of Contracting Procedure
On using the service, after having entered the personal data and, in the event, data relating to the credit card, the User will receive a confirmation email which will include confirmation that your purchase order is in the process of confirmation.
After formalisation of the booking, the client is asked to check the content of the email in order to detect any possible errors in the data provided. In the event of discovering an error of any nature, it is possible to contact LOPESAN by telephone or email, while providing data identifying the booking.
The booking can be confirmed through the web site itself by using your booking code, and a screen will appear with detailed information regarding the booking.
Furthermore, once payment has been made for the booking, LOPESAN HOTEL GROUP will send the User a definitive confirmation email, indicating each of the specific terms and conditions for the booked/contracted service.
The electronic contracting process will end, on the understanding that the booked service has been contracted:
1. In the event of payment at the hotel/establishment for the contracted service: With the reception of the confirmation email.
2. In the event of online payment for the contracted service: From the moment payment is made using the card provided by the client.
3. In the event of payment via bank transfer: From the moment payment is received for 10% of the total for the booking, provided this is within 14 days following the online booking.
2.3 Payment methods
LOPESAN provides its clients with various accepted methods of payment for the contracting of services.
1. Payment at the hotel/establishment for the contracted service: In this case, the data provided by the client related to the credit card will be used as a guarantee, without any charge being made to the card for the contracted service. The payment for the room and/or contracted services will be made by the client at the hotel/establishment, during check-in or arrival at the establishment.
2. Online payment for the contracted service: This payment method implies the automatic charging to the credit card for which the data was previously provided by the client of the amount corresponding to the room(s) and/or contracted services. As a consequence, the choice of online payment implies authorisation for both the booking of the room and/or contracted service, and payment.
3. Payment via transfer: This payment method is offered as an alternative to payment via credit card in some hotels, and consists in the prepayment of 10% of the booking total via bank transfer to the current account that will be given to the client during the electronic contracting process. The transfer will have to be made within a maximum period of 14 days following the online booking. In the event of not making the transfer within the period and/or not having sent notification of payment to the fax number indicated on the booking, the booking will be cancelled automatically. The contract will be taken as signed through the receipt for payment by bank transfer.
Despite that indicated in the three points above, for each specific service the particular payment method will be expressly indicated.
2.4 Right to Withdrawal
The client is expressly notified that, in accordance with the provisions of article 103 of Royal Legislative Decree 1/2007, of 16th November, approving the consolidated text of the General Law for the Defence of Consumers and Users, and other complementary laws, legal regulation relating to the right to withdrawal will not apply to bookings made through www.hotelfarolopesancollection.com, with the specific conditions for the offer in matters of cancellation being applicable in all cases.
2.5 Cancellation policy
The cancellation of the booking can be made using the “Cancel” button which appears in the booking confirmation email or, if you are a registered client, by accessing the private area for individuals, using your credentials and finding the booking using the confirmation number. You can also cancel via telephone, using the number for information and bookings given on the web site (Call Centre).
a. General arrangements for cancellation of Hotel Bookings. The cancellation of the booking can be made, at no cost, up to 18:00 on the day prior to arrival at the hotel -except in the special cases indicated below- , with a charge being made for the full amount for the first night for the booked room for cancellations after the indicated time. The amount will be charged to the credit card for which the data was previously provided by the client when making the booking. The client expressly authorises this through acceptance of these conditions.
b. Special arrangements for cancellation and modification for bookings with online payment (non-refundable bookings). In the case of online payment for contracted services, once the credit card has been charged, it is not possible to cancel or modify the bookings, and thus these bookings are “non-refundable”.
c. Special arrangements for cancellation for Bookings in Hotels in Germany and Austria. A series of specific conditions are established for booking cancellation arrangements for LOPESAN Hotels in Germany and Austria, which will be directly applicable to clients.
Confirmed bookings by clients are binding for both parties. If the parties have not agreed to free withdrawal up to a specific date at the time of formalising the contract, or if there is no legal right for the client to withdraw from or cancel the contract, then the client will have to pay the following compensation to the hotel in the event of cancelling a confirmed booking, a reduction in the confirmed volume of the booking, or other withdrawal:
1. The hotel/establishment has no right to compensation if the written cancellation, written reduction in volume of the booking or withdrawal from the contract in writing arrives at the hotel up to 30 days prior to the agreed start for the period of the provision of services.
2. If the written cancellation, written reduction in volume of the booking or withdrawal from the contract in writing arrives in a period between 29 and 10 calendar days prior to the agreed start for the period of the provision of services, then the right to compensation for the hotel will be 50% of the price of the services in question.
3. If the written cancellation, written reduction in volume of the booking or withdrawal from the contract in writing arrives in a period of less than 10 calendar days prior to the agreed start for the period of the provision of services, or if the client does not accept the services offered on the day of arrival, then the right to compensation for the hotel will be 90% of the price of the services in question.
These cancellation amounts will be charged to the credit card for which the data was previously provided by the client when making the booking. If prepayment was made via bank transfer, the hotel may ask for payment via invoice. The invoice corresponding to the amount for the cancellation costs will be sent via email or to the address given by the client when registering. The client expressly authorises this through acceptance of these conditions.
d. Special arrangements for cancellations for Package holidays. For those services contracted by the client that are considered to be Package Holidays under the terms of Royal Legislative Decree 1/2007, of 26th November, approving the consolidated text of the General Law for the Defence of Consumers and Users, the legally enforceable penalties will be applied. The administration costs and cancellation referred to in the previous section will be defined in the specific conditions for each of the services finally contracted by the User.
These cancellation amounts will be charged to the credit card for which the data was previously provided by the client when making the booking. If prepayment was made via bank transfer, the hotel may ask for payment via invoice. The invoice corresponding to the amount for the cancellation costs will be sent via email or to the address given by the client when registering. The client expressly authorises this through acceptance of these conditions.
2.6 Booking modification policy.
With the exception of bookings with online payment (“non-refundable bookings”), modifications to bookings at no cost is allowed up to 18:00 on the day prior to arrival at the Hotel/establishment. If the modification consists in an increase in days, persons, or an increase in the board type or category of the room, then the cost will be based on the conditions for prices indicated on the www.hotelfarolopesancollection.com web site on the day the modification is made.
2.7 Compensation in the event of a no show at the hotel by the client
a. General arrangements under the NO SHOW policy. The deadline for arrival at the hotel is 18:00 on the day of arrival.
If the client does not arrive at the hotel and check in before 18:00 on the day of arrival (except in the event of modification or cancellation of the booking) then by way of compensation, the full total for the first night for the booked room will be charged to the credit card (the data for which was previously received from the client). The booking will be cancelled automatically. In the event of expecting to arrive at the hotel on the day of arrival at a time later than 18:00, you will have to contact the hotel directly.
b. Special arrangements for bookings with online payment (non-refundable bookings). In the case of online payment for the contracted services, the above general arrangements will not be applied. In the event of a no show at the hotel or establishment, no amount will be refunded to the client, as these bookings are “non-refundable”.
c. Special arrangements for Germany and Austria. In the event that the client does not arrive at the hotel without prior notification, then 10% of the stay may be returned as compensation for costs not incurred, in accordance with the German Civil Code (provisions 651 a and subsequent provisions).
d. Package Holiday Special Considerations: In the event that the booking is considered to be a package holiday, then on not arriving for departure, the User will be obliged to pay the full amount for the holiday, including the payment of any sums outstanding.
3. APPLICABLE LAW AND JURISDICTION
If one of the stipulations outlined in these General Conditions for Contracting were declared null or inapplicable, the remaining general conditions would remain in force. In that case, LOPESAN promises to replace the stipulation declared null by one approximating as closely as possible the initially intended purpose.
These General Terms and/or Conditions for contracting are governed by current Law in the Kingdom of Spain. LOPESAN HOTEL GROUP and the Users, in order to resolve any dispute which may arise with respect to its validity, execution, compliance or full or partial cancellation, submit, through the express relinquishment of their own jurisdiction and any other jurisdiction that may be applicable, to the Courts and Tribunals of Las Palmas de Gran Canaria (Las Palmas, Spain).
This contract constitutes the complete and integrated expression of the agreement between LOPESAN and the User, and replaces any previous pacts, commitments, declarations or agreements, whether written or oral, which existed between the two.
In any event, any dispute which may arise from the provision of services will be submitted to the Courts and Tribunals corresponding to the address of the consumer.
