This contractual document shall govern the contracting of products and services through the website www.hotelplazamayorchinchon.com , property of EL LAGAR DEL CANTO ROTO, hereinafter the PROVIDER.
Accepting this document implies that the USER:
– Has read and understood the above.
– Is a person with sufficient capacity to enter into contract.
– Assumes all obligations set forth herein.
These conditions are valid for an indefinite period of time and apply to all contracts made through the website.
Informs that the business is liable and understands the current laws of the countries in which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
The contract is entered into by EL LAGAR DEL CANTO ROTO, the provider of the services contracted by the USER, whose registered address is located at PLAZA MAYOR, 38 – 28370 CHINCHÓN (Madrid), TIN B84248939 and customer/USER service telephone +34 619331576.
And on the other hand by the Client, registered on the website by means of a user name and password, for which they have full responsibility of use and guard, and is responsible for the truthfulness of the personal data given to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER, at which time the USER accepts the rental of temporary accommodation during the online contracting process.
The contractual relationship of booking accommodation involves the rental of the chosen property, for a limited time, in exchange for a determined price that is publicly displayed through the website. Extra services must be added at the time of booking.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to communicate to their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the USER account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
- General contracting clauses.
- Booking and payment process
- Force majeure.
- General information of the offer.
- Price and period of validity of the offer.
- Purchase process.
- Applicable warranties.
- Applicable law and jurisdiction.
- GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
- RESERVATION AND PAYMENT PROCESS
Our automatic availability and price calculation system will allow you to choose the room you are interested in. This will be formalised when you enter your credit card number and expiry date. The costs incurred by this method of payment will be charged to the USER.
Booking confirmation: The booking will be confirmed instantly and you will immediately receive an e-mail with all the details (hotel address, contact details, dates, etc.).
Online payment security: we are committed to protecting USER data to the maximum.
The hotel may charge 100% of your reservation once you enter the cancellation policy period (7 days prior to arrival).
Check-in and check-out
Check-in: The key collection timetable is from 13:00 to 20:00 at the reception of the Hotel PLAZA MAYOR, 38 – 28370 CHINCHÓN (Madrid). Please call 15-20 minutes before your arrival on +34 619331576.
Arrivals later than 20:00 will not be accepted. If for any reason your arrival is later than 20:00, it must be authorised by the hotel.
Upon arrival at our hotel and in accordance with current legislation, you must sign the travellers’ report, a sheet where your details will appear in order to identify you. (This information will be requested by email three days before your arrival).
You can pay by credit card or cash.
The accommodation is delivered clean, with bath towels and bed linen, which are included in the price of the room.
Check-out: The check-out time of the accommodation is until 12:00 at the latest. To do so, you must call the telephone number provided by the hotel 15-20 minutes before leaving the room.
If you are interested in using our extra services, you must indicate so at the time of booking:
Extra bed: The extra bed rental is 20,00 €. This can only be requested in some of the rooms upon request and confirmation by the hotel.
The customer undertakes to respect the hotel’s rules. During the hours of rest from 24:00 to 9:00, it is not allowed to make noise. The establishment does not allow party celebrations.
Under no circumstances is it permitted to occupy the accommodation by more people than those stated in your booking.
Electricity and water use should be rational. When the air conditioning is on, do not forget to close doors and windows.
It is forbidden to hang towels and clothes on balcony railings.
Parents must always accompany their children and be responsible for them.
The person holding the reservation is responsible for the correct behaviour of all occupants, otherwise the right is reserved to expel the occupants from the accommodation, without the right to future claims or any type of compensation.
Neither nor the owner shall be liable for any direct or indirect damage that may arise from the misuse of the accommodation, including but not limited to damage, loss due to fire, theft, crime, accidental or other damage.
- CANCELLATIONS (RIGHT OF WITHDRAWAL)
Cancellations of reservations will only be accepted in writing via email: firstname.lastname@example.org
– If the booking is cancelled before 7 days prior to the arrival date, no charge will be issued for your reservation.
– If the booking is cancelled after 7 days prior to the arrival date, the first night’s accommodation will be charged.
– If the booking is cancelled the day before, the day of arrival or no-show, 100% of the booking amount will be charged.
We aim to ensure customers have a pleasant stay.
If during the rental period there is any breakdown in the facilities or to electrical appliances, you must immediately notify to resolve these incidents as soon as possible.
In case of force majeure (water damage, fire, etc.) will provide a similar replacement accommodation. If no such accommodation is available, will refund the total amount paid.
PLAZA MAYOR, 38 – 28370 CHINCHÓN (Madrid)
Telephone number: 619331576
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
COVID-19: If, due to mobility restrictions or having to remain in quarantine because of being COVID-19 positive or having been in direct contact with a positive person, the USER cannot travel to the booked accommodation, he/she will have the possibility of cancelling his/her reservation. Provided that he/she can present the corresponding medical certificate.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.
- GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER are subject to these General Conditions.
No modification, alteration or agreement contrary to the PROVIDER’s or USER’s Commercial Proposal stipulated herein shall have any effect, unless expressly agreed in writing signed by BOTH, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
- PRICE AND PERIOD OF THE VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. All prices are shown in EURO.
The prices applicable to each stay are those that are published on the website. The USER accepts that the economic valuation of some of the services may vary in real time. Prices may change daily as long as no booking is made.
All payments made will result in an invoice being issued in the name of the registered USER or the company name provided by the USER at the time of booking. This invoice will be given to the USER if requested.
For any information about the booking, the USER may contact us by telephone at 619331576 or by e-mail at the following address: email@example.com.
- PURCHASE PROCESS
Our website has a search system based on different parameters to make it easier for you to choose your accommodation. Types of reservations:
Booking with immediate confirmation: This will be made from the booking tab of our website. Once you have entered all the required data, you will receive an automatic confirmation email. You will be able to make the booking online and add any extra services that suit you.
Reservation on request: You can request your reservation by email indicating date, days of stay and number of people. Once your request has been received, the hotel will reply informing you of availability and the data necessary to formalise the reservation.
Reservation (purchase request)
In the on-line Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each room.
The final price will be calculated according to the selected check-in and check-out dates, the number of people staying (adults and children) and the extra services chosen.
- GUARANTEES AND REFUNDS
The guarantee of the products offered will respond to the following articles based on 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 and other complementary laws:
Conformity of services with the contract
- Unless there is proof to the contrary, products shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
a) They match the description given by the PROVIDER.
b) They are fit for the purposes for which similar services are ordinarily intended.
c) Are suitable for any special use required by the USER, when the USER has informed the PROVIDER at the time of the conclusion of the contract, provided that the PROVIDER has accepted that the service is suitable for this use.
d) They demonstrate the usual quality and performance of similar services which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the services’ specific features made by the PROVIDER.
e) The PROVIDER Describes the details, specifications and photographs of the accommodation as provided by the owners, and is not bound by these public statements.
- Non-conformity resulting from a service that was not performed or provided shall be treated as non-adherence to the contract, provided that the responsibility for the service lies with the PROVIDER or is under its responsibility. On the other hand, when the service not performed or provided is due to negligence or malpractice on the part of the USER, it shall not be considered to be non-adherence on provider’s behalf, who shall be deemed to have complied with the terms of the contract.
- No liability shall be accepted for any non-conformity that the USER is aware of or was unable to overlook when entering into the contract, or which is caused by information provided by the USER.
The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation. The USER has the right to have the service repaired, replaced, the price reduced or the contract terminated.
Repair and replacement of the hosting service
- If the hosting service does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs the PROVIDER of the option chosen, both parties must abide by it. This decision by the USER is understood to be without prejudice to the provisions in cases where the repair or replacement fails to bring the service into conformity with the contract.
- A form of remedy shall be deemed disproportionate if it imposes costs on the PROVIDER which, in comparison with the alternative form of remedy, are unreasonable, taking into account compared to the alternative form of remedy, are unreasonable, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER.
Rules of repair or replacement of the product
Repair and replacement will comply with the following rules:
The necessary expenses incurred to correct the non-conformity of the contracted services will be at no cost to the USER.
They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the products and their purpose for the USER.
If, after the repair has been completed and the property has been handed over, it is still not in conformity with the contract, the USER may demand a replacement, a discounted price or termination of the contract.
If the replacement fails to bring the property into conformity with the contract, the USER may demand it be repaired, a discounted price or termination of the contract.
Price reduction and contract termination
The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the product’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER.
The decision shall not apply when the non-conformity is of minor importance.
Price reduction criteria
The price reduction will be proportional to the difference between the value the service would have had at the time of delivery had it been in compliance with the contract and the value of the service actually delivered at the time of delivery.
Unless there is evidence to the contrary, check-in will be on the date that appears in the booking.
The USER must inform the PROVIDER of the lack of conformity at the moment he/she becomes aware of it or, at the latest, at the end of the stay.
Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals closest to CHINCHÓN.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms and Conditions.