General conditions

1. GENERAL INFORMATION

This document aims to establish and regulate the GENERAL TERMS and CONDITIONS OF CONTRACTING of the reservation, use, and stay services of HOTEL PONTEVEDRA. The terms “You” and “User” are used here to refer to all individuals and/or entities that for any reason access www.hotelpontevedra.es or use the services.

2. RESERVATION

2.1 The reservation of the services of HOTEL PONTEVEDRA will imply the acceptance of each and every one of the General Terms and/or Conditions, which will be immediately considered incorporated into the contract signed with HOTEL PONTEVEDRA, without the need for them to be transcribed in writing, and in any case, they will refer to the last updated version in this section.

2.2 Contract resolution or reservation cancellation: The reservation is confirmed and guaranteed with a credit card. Cancellation fees vary depending on the reserved rate and the dates of cancellation in advance.

In any case, these are clearly indicated in the reservation process.

Confirmed reservations are guaranteed until 23:00 on the day of arrival. In case of cancellation after the 48 hours before the expected arrival, or no-show, the Hotel may charge the first night as cancellation fees and proceed to cancel the remaining nights.

This clause is not valid for reservations made with special rates. In this case, the respective established conditions will apply (so for cases where the reservation is made with a discount, the reservation is non-refundable and cancellations will generate 100% of the expenses as it is a special rate with non-refundable restrictions. The total amount of the reservation may be charged at the time of booking on the provided credit card).

2.3 Prices per room and per night: Prices are only valid in writing and for the period indicated in them. HOTEL PONTEVEDRA reserves the right to modify these rates without prior notice. The prices related to the reservation will be indicated during the reservation process. Prices are subject to the current VAT at the time of the stay at the hotel.

2.4 The user undertakes to use the services in accordance with the Law, morals, good customs, and public order, as well as with what is established in these General Terms and/or Conditions of contracting. Consequently, they are obliged not to use the services for illegal purposes and/or contrary to what is established in these General Terms and/or Conditions of contracting, harmful to rights and/or interests of third parties or that in any way may damage the services, HOTEL PONTEVEDRA and/or its image.

2.5 The electronic document in which the reservation is formalized is electronically archived for the legally established period. Customers may access the data by exercising their corresponding access rights in the manner described in the data protection policy section.

Operations to consult user account data and request services or products through the website www.hotelpontevedra.es are carried out through a secure server. HOTEL PONTEVEDRA has strict security procedures regarding the storage and disclosure of data to prevent unauthorized access, in accordance with the current personal data protection regulations in Spain.

2.6 Right to modify the Terms and/or General Conditions of contracting: HOTEL PONTEVEDRA reserves the right to modify the present Terms and/or General Conditions of Contracting (purchase conditions), informing users of the modifications made through www.hotelpontevedra.es

2.7 If HOTEL PONTEVEDRA, despite acting with due foresight and diligence, could not provide the contracted rooms for reasons not attributable to them or force majeure, and if there was an impossibility to provide the services under the agreed conditions, HOTEL PONTEVEDRA will offer the user the possibility to choose between a full refund of the amount paid or its replacement for another of similar characteristics in terms of category or quality. If the replacement service is of lower category or quality, HOTEL PONTEVEDRA must refund the difference.

3. SAFEGUARD OF THE GENERAL TERMS AND CONDITIONS OF CONTRACTING

If any provision of these General Terms and Conditions of Contracting is declared null or invalid, the rest of the Terms or General Conditions will remain valid in the agreed Terms. No provision in this contract will affect in any way the mandatory consumer protection provisions. If you are not a consumer, you expressly waive your right of withdrawal.

4. www.hotelpontevedra.es AND ACCEPTANCE OF USAGE RULES

The user is aware that the use of online Reservation services implies full and unconditional acceptance of each of the clauses included in the Rules of Use of www.hotelpontevedra.es in the version published by HOTEL PONTEVEDRA at the same time the user contracts the service. These rules of use complement these Terms and Conditions in everything that is not opposed to them. Therefore, the user must be aware of the importance of consulting the rules on this page before accessing and/or using these services.

HOTEL PONTEVEDRA, without prejudice to the express reference to the corresponding section on the protection of personal data, guarantees the protection and confidentiality of the data provided by our customers, whose collection and processing will be carried out in accordance with current data protection regulations, as can be seen in the Privacy Policy document on this website.

5. APPLICABLE LAW AND JURISDICTION

These Terms and/or General Conditions of contracting (purchase conditions) are governed by Spanish Law. The competent jurisdiction to resolve any dispute that may arise, regarding its validity, execution, compliance, or resolution, in whole or in part, will be that which corresponds under the current regulations applicable to the matter.

In any case, any dispute that may arise from the provision of services at the HOTEL PONTEVEDRA will be submitted to the Courts and Tribunals of Pontevedra.

6. LANGUAGES OF CONTRACTING HOTEL PONTEVEDRA

The TERMS or GENERAL CONDITIONS OF CONTRACTING (purchase conditions) of the online Reservation services of HOTEL PONTEVEDRA are expressed in the following languages: Spanish and English. The contracting will be done on the website www.hotelpontevedra.es.

7. PURCHASE CONDITIONS

1. Definitions

• In these general conditions, the following expressions mean the following:
• Parties: The Provider, the Customer, and the Paying Party together (individually: Party).
• Conditions: These general conditions.
• Paying Party: The person who pays the consideration for the Services.
• Hotel: The hotel operated under the commercial name of HOTEL PONTEVEDRA, located at C/ Loureiro Crespo, 81, 36004 · Pontevedra, Spain.
• Contract: The contract entered into by the Parties for the provision of defined Services.
• Services: The accommodation service provided at the Hotel and the typical hotel services associated with it (e.g. catering, tourist services, and communication services) (individually: Service).
• Provider: HOTEL PONTEVEDRA.
• Customer: The natural person to whom the defined Services are provided.

2. Conclusion of the Contract

The Contract is concluded between the Parties in writing (for example, through an online booking system) or in the event that the Provider confirms in writing the provision of Services or actually provides them after a prior verbal request, as well as by the act of reference by the Customer or the Paying Party. The Contract is also concluded if the Customer or the Paying Party is represented by a third party (for example, a travel agent). In this case, the Provider is not obliged to check the representative’s authorization. The Contract supersedes all previous agreements between the Parties related to the Services covered by the Contract.

3. Payment of consideration

The Customer, or in the event that the Contract so stipulates, the Paying Party, must pay the consideration for the Services in accordance with the stipulations of the Contract. The Customer and the Paying Party are jointly responsible for fulfilling their obligations.

For food and other movable items placed in the Hotel room by the Provider (e.g. minibar contents, towels, swimsuits) that the Customer consumes or takes with them when leaving the room, the Service Provider will charge the amount listed on the price list available at the Hotel reception. In the event that the Customer leaves their room and these food items or movable items are not in the room, it will be considered that they were consumed or taken by the Customer.

The Provider establishes and invoices the final amount of the consideration for the Services in euros. In the case of Services for which the consideration is quoted in a currency other than euros in the Contract, the calculation of the consideration in euros will be made according to the exchange rate set by the Provider for the determined settlement period.

The Provider reserves the right to charge (block) the Customer’s (or the Paying Party’s) credit/debit card for the amount corresponding to the consideration for all Services established in the Contract from the time of check-in at the Hotel (or in the case of a reservation through an online reservation system, from the time of booking). The Provider has the right to verify the functioning status of the Customer’s (or the Paying Party’s) credit/debit card and if it does not work properly or does not cover the amount of the consideration for the Services established in the Contract, then the Customer (or the Paying Party) will be obliged to provide another credit/debit card with the necessary funds to cover the value of the Services or, settle the amount in cash at the time of booking. In the event that the Customer (or the Paying Party) fails to meet this obligation, the Provider has the right to terminate the Contract with immediate effect and require the Customer to leave the Hotel immediately, or cancel the reservation.

4. Use of services

The Customer may occupy the Hotel room from 14:00 on the day of arrival and must vacate it along with their luggage by 12:00 (midday) on the day of departure, thereby also officially completing the check-out at the Hotel reception.

The Customer may cancel the use of the Services established in the Contract up to 48 hours before the scheduled arrival date in the Contract by written notification sent to the Service Provider, but only if this has not been excluded in the Contract. If the Contract excludes such cancellation possibility, the Provider has the right to charge the entirety of the consideration for the Services in accordance with the Contract, meaning the pre-set consideration is non-refundable and the non-anticipated consideration must be settled by the Customer (or the Paying Party). If the Contract does not exclude the possibility of such cancellation, but the customer does not use it and does not personally check in at the Hotel reception and does not occupy the designated Hotel room before 23:00 on the scheduled arrival date in the Contract, then the Provider has the right to cancel the reservation for the entire stay and offer the room to another person. In this case, the Provider has the right to charge the entirety of the consideration for the Services in accordance with the Contract, meaning the pre-set consideration is non-refundable and the non-anticipated consideration must be settled by the Customer (or the Paying Party).

During the period established in the Contract, the Customer may stay in the room made available by the Hotel reception, as well as in the common areas of the Hotel open to Customers using their facilities and furniture appropriately. The Hotel may have areas that cannot be visited/used by Customers, or can be visited only in certain circumstances or with certain conditions.

While using the Internet connections located at the Hotel, the Customer must proceed in accordance with current legislation (especially intellectual property laws) and maintain the status of hardware and software devices.

In the event that the Customer suffers (or is likely to suffer) from an infection or other illness or is in such conditions that it is (or may be) dangerous to the people staying at the Hotel, the Provider has the right to terminate the Contract with immediate effect and require the Customer to leave the Hotel immediately. If the Customer falls ill during the period of using the Services and is unable to act on their own, the Service Provider will offer medical assistance. In the event of illness/death of the Customer, the Service Provider may demand compensation for related expenses from relatives, heirs, or the Paying Party.

The Service Provider will keep movable goods found in the Hotel and without an owner or that appear to have no owner for a period of 1 year (except if the condition of the item deteriorates in a shorter period; in such case they will be destroyed from the moment the deterioration is perceived). After this period, the Service Provider destroys the found goods.

5. Code of Conduct

It is strictly prohibited to bring any type of animal into the Hotel.

Smoking in the Hotel is prohibited. The Customer is responsible for maintaining the smoking ban in the room occupied by them. In the event that someone has smoked in the Customer’s room or there are visible signs of it, the Customer must pay a penalty to the Provider in the amount of 100 EUR, authorizing the Hotel to charge the credit/debit card provided by the Customer or Paying Party.

In the Hotel rooms, it is only allowed to receive visitors with the Hotel’s authorization, declared at the reception, and only between 10 am and 10 pm.

The Customer is responsible for supervising individuals under 18 years old staying with them in the Hotel.

The Customer must behave in the Hotel according to generally accepted good manners and general rules of good manners and public order. The Customer must especially:

• use the Hotel facilities and furniture appropriately and maintain their condition;
• abstain from behaviors that are (or may be considered) intimidating, offensive, rude, or scandalous to other Customers or Hotel staff;
• refrain from excessive alcohol consumption (that is dangerous to the Customer’s health, or may scandalize other people); 
• refrain from consuming other narcotic substances (e.g. drugs).

If the Customer violates any of the provisions in this section on the Code of Conduct, the Provider has the right to terminate the Contract with immediate effect and require the Customer to leave the Hotel immediately. The Customer must indemnify for damages caused by such behavior, authorizing the Hotel to charge such damages to the credit/debit card provided by the Customer or Paying Party.

6. Liability

The Hotel is not responsible for the Customer’s property deposited outside the Customer’s surveillance, both in their room and in any other area of the Hotel.

7. Data Management

By entering into the Contract, the Customer and the Paying Party consent to the Provider managing their personal data provided for management and/or data processing purposes. The purpose of data use is to fulfill the Provider’s obligations prescribed by law. By entering into the Contract, the Customer and the Paying Party consent to the Provider, and/or their agents, sending messages to the email address provided by the Customer regarding the Services or other messages for commercial purposes. The data management period is not defined. The legal basis for data management is partly compulsory under immigration laws and partly based on consent.

The Customer consents to the Provider preparing, managing, and processing photos and video recordings in the common areas of the Hotel (except in intimate areas). This data management serves as support for the Hotel’s security measures, is based on consent, and the data management period for such data is 1 month from the preparation of the recordings. The Provider may provide this data to their tenants and subcontractors of the Hotel, as they are considered data processors according to the current Data Protection regulations.

The Customer or the Paying Party may, regarding their personal data and its management:

• initiate contact with the Service Provider for rectification, erasure, or blocking (except data management compulsory by law);
• request information from the Service Provider; and
• make a claim or appeal to the Court according to current legislation.

 

8. Applicable Law

The applicable laws regarding the Conditions and the Contract are Spanish. In case of a conflict between the provisions of the Conditions and the Contract, the provisions of the Contract will prevail. The Parties submit all legal disputes related to the Contract to the exclusive jurisdiction of Spain.

9. Modification

The Provider reserves the right to unilaterally modify the provisions of the Conditions at any time. The modified Conditions will take effect upon publication on the Hotel’s website (www.hotelpontevedra.es). If the modified Conditions contain provisions that are more unfavorable to the Customer, then the Customer may, within 3 days of the publication of the modified Conditions, terminate the Contract in writing with immediate effect.