Terms and Conditions
GENERAL TERMS AND CONDITIONS
This contractual document will govern the contracting of accommodation bookings through the website hostalatocha.com, owned by Almudena Martín Peinado under the trademark Hostal Atocha Almudena Martín, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
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 the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions contracted prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the accommodation booking service contracted by the USER, Almudena Martín Peinado, whose registered address is at Calle de Atocha, 43 – 3 28012 Madrid (Madrid), TIN 50313299V and telephone number for customer/USER service 911 520 863.
And on the other hand by the USER, 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 .
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. Extra services must be contracted at the time of making the reservation.
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.
- Activation of reservations.
- Right of withdrawal (cancellations).
- Claims and dispute resolution online.
- Force majeure.
- General information of the offer.
- Price and period of validity of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Suspension or termination of the contract.
- Guarantees and refunds
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing a reservation with the PROVIDER shall imply the acceptance by the USER of these legal terms and 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.
2. ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will not book the accommodation until it has been verified that payment has been made.
The automatic system for calculating availability and prices allows the USER to choose the apartment or house they are interested in and immediately make the online payment.
The PROVIDER shall inform the USER in advance of the procedure to be followed when booking. Once the payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.
Lack of execution of the distance contract
In case of not being able to execute the contract because the accommodation is not available within the stipulated period, the USER will be informed of the lack of availability and that he will be entitled to cancel the reservation and receive a refund of the total amount paid without any cost, and without thereby deriving any liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for the damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the activation of the service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
3. RIGHT OF WITHDRAWAL (cancellations)
The USER has the same rights and period to return and/or report possible flaws or defects in the service online as they do offline.
Any cancellation must be communicated to the PROVIDER, requesting by email to firstname.lastname@example.org, indicating the corresponding invoice or reservation number. In the event of a refund, the USER may be penalised for the concepts indicated below:
- If the reservation is canceled after 48 hours prior to the arrival date, the total amount of the reservation (100%) will not be refunded.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Calle de Atocha, 43 – 3 28012 Madrid (Madrid)
Telephone number: 911 520 863
If during the rental period there is any breakdown in the facilities or to electrical appliances, the USER 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. In the event that accommodation is not available, the PROVIDER will reimburse the total amount paid.
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. 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/
5. 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.
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.
7. GENERAL INFORMATION OF THE OFFER
The details of each reservation, such as accommodation and meals, are informed to the USER in their respective description on the website.
All sales and deliveries made by are subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of or stipulated herein shall take effect, unless expressly agreed in writing and signed by , 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 services offered is affected.
– The USER commits to respecting Community regulations.
– No parties or excessive noise during rest hours, between 22:00 and 9:00.
– In no case is it permitted to occupy the accommodation with more people than the maximum capacity.
– The use of electricity and water must be rational.
– It is forbidden to hang towels and clothes on balcony railings.
– Parents must always accompany their children and be responsible for them.
– The USER is responsible for ensuring all occupants behave appropriately. Otherwise, the PROVIDER reserves the right to evict the occupants from the accommodation, without any right to future claims or 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..
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices applicable to each property are those published on the website and shall be shown in Euros. 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.
Any payment made to entails sending an invoice with consent (art. 63.3 RD 1/2007) in the name of the registered USER or in the business name provided at the time of booking. This invoice will be delivered to the USER at the end of their stay, once all contracted services have been paid for. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that at any time you can revoke said decision.
For any questions about the booking, the USER may contact the customer services by calling 911 520 863 or by emailing email@example.com.
9. SHIPPING COSTS
There are no shipping costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and accepts the following payment methods for orders:
- Credit card
The website uses generally accepted information security techniques within the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the USER agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
The website has a search system with different parameters to facilitate the choice of accommodation. Types of reservations:
Reservation with immediate confirmation: Minimum price of the service stipulated on the web. You can make the reservation online and add the extra services that suit you.
Price not available: In the event that the price of the service is not available, the USER will be informed as soon as possible, by email or telephone.
Select the dates of entry and exit, the people staying (adults and children) and the chosen extra services and add to the basket. In this, only the selected services, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalization:
1. – Confirm billing details.
2. – Check the reservation (dates, services…).
3. – Select payment method.
4. – Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all the relevant information.
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 specifications of each property.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to the accommodation and extra services, in whole or in part, for any valid reason, including, without limitation, where USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to the PROVIDER.
13. GUARANTEES AND REFUNDS
The guarantee of the services 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
1. 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.
b) They are fit for the purposes for which similar services are ordinarily intended.
c) They are fit for any special use required by the customer when they have informed when the contract is executed, provided that they have accepted that the service is fit for such 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.
e) describes the details, specifications and photographs of the accommodation as provided by the owners, and is not bound by these public statements.
2. 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 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 ’s behalf, who shall be deemed to have complied with the terms of the contract.
3. 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 will respond to the USER regarding non-conformity that exists at the time of check-in to the accommodation. Grants the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.
Repair and replacement of the accommodation service
1. If the accommodation service is not in compliance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies of the chosen option, both parties must abide by it. The USER’s decision is respected without prejudice in the following cases: the repair or replacement fails to bring the service into compliance with the contract.
2. Any form of remedy which imposes on costs which are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.
Repair and replacement shall 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 of any non-conformity the moment that they become aware of it or by the end of their stay, at the very latest.
Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.