Pedro José Ruiz López, (hereinafter “La Posada del Cani”) through the www.laposadacompeta.com website (hereinafter the “Website”).
The transaction made through the Website shall be billed by one of the listed companies, with whom the contract is deemed to have been entered into. The Terms and Conditions herein are applicable to each and every one of the above-listed companies; therefore, the expression La Posada del Cani refers to any of them.
Use of the Website and purchasing of the services (hereinafter the “Services”) offered thereon entail the users’ and/or customers’ (hereinafter both shall be referred to interchangeably as “User” or “Users”) acceptance of the General Terms and Conditions of Contract, the Special Terms and Conditions defined in the purchasing process and the Privacy Rules, which are updated regularly; therefore, it is important that the User reads them each time they visit the Website and any Special Terms and Conditions for each Service, which must also be accepted.
Simply browsing the Website does not create any agreement whatsoever between La Posada del Cani and the User. La Posada del Cani provides information on the Website relating to the Services that it markets thereon. The Website provides information relating to the hotels that La Posada del Cani markets (hereinafter the “Hostel”).
By accessing and using the Website, the User hereby undertakes to accept the General Terms and Conditions provided herein below (the “Terms and Conditions”); therefore, we recommend that the User reads this section carefully prior to starting. La Posada del Cani reserves the right to change, modify, add or delete part of the Terms and Conditions, and make changes to the Services without prior notification at any time.
All the resources and technical requirements required to access the Website and the Services must be borne exclusively by the User, as well as any expenses or taxes that may arise from the provision of the Services.
2. EXCLUSION OF LIABILITY
La Posada del Cani shall not be held liable for damages arising from accessing, utilising or improper use of the Website’s contents.
The Website shall be used at the User’s own discretion and risk. La Posada del Cani, its representatives or agents shall not be held liable for any loss, damage or damages, either direct or indirect, particular or causal, which are related in any way or arise from using the Website or any information contained thereon. By accepting the Terms and Conditions, the User hereby expressly waives any claim against La Posada del Cani that stems from using the Website or the information contained thereon.
3. CONTENT LIABILITY
La Posada del Cani shall not be held liable for any potential discrepancies that may exist between the printed versions of their documents and the electronic versions thereof published on the Website. The documents and photographs published on the Website may include technical inconsistencies or typographical errors. The information undergoes regular changes, and La Posada del Cani is able to make improvements or changes to the Services herein described at any time. La Posada del Cani shall not be liable for the truthfulness of any information that it has not created themselves, and shall not be liable under any circumstances whatsoever for damages that may arise from the use of such information.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
This website contains and refers to the industrial and intellectual property rights of La Posada del Cani.
All of this website’s contents, such as text, graphics, logos, icons, images, data collections, as well as software, are the exclusive property of La Posada del Cani and protected by international copyright laws.
La Posada del Cani reserves the right to bring civil and/or criminal proceedings against any individuals or legal entities, as well as the representatives thereof, which breach the Terms and Conditions set forth herein, in particular with regard to Copyright.
The Website is not intended to be distributed, used or accessed by individuals from jurisdictions where visiting this website leads to La Posada del Cani breaching any law or regulation in such jurisdiction.
5. LEGAL AGE AND LEGAL CAPACITY
The User hereby declares that they are of legal age (over 18 or 21 years old in some jurisdictions) and that they have the legal capacity required to purchase the Services provided on the Website in accordance with the Terms and Conditions, which they fully comprehend and understand. La Posada del Cani shall under no circumstance be liable in the event that Services are purchased by a minor, and the minor, their parents or guardians must assume the costs and consequences that may arise from such purchase. Access to the Website is the exclusive responsibility of the Users.
RIU HOTELS advises against minors staying at hotels advertised as “Adults Only” as the Hotel’s offering is intended for adults.
6. ACCEPTING THE TERMS AND CONDITIONS
Once the User has accessed the Website, in order to purchase the Services, they must follow all of the indications and instructions included in the purchasing process, completing for these purposes the Special Terms and Conditions and other forms established for each Service, which shall entail reading and accepting all the applicable General and Special Terms and Conditions.
In checking the acceptance of the Terms and Conditions, the User verifies the contract entered into with La Posada del Cani, confirming the dates indicated in their reservation, chosen Hotel, number of rooms and guests, and any other Special Terms and Conditions relating to the Service described in the purchasing process. The User hereby undertakes to verify the truth and accuracy of the information provided; any contract where the User has provided incorrect information shall be null and void. No purchase-confirmation slips or documents arising from false information shall be accepted at any Hotel. If a User has made a reservation using false information, they shall meet the processing and operational costs stemming from their reservation and shall compensate the Hotel for the loss of earnings deriving from the reservation of rooms that are not going to be purchased by the User or third parties.
The Terms and Conditions and the price of the reservation purchased are those that are expressly stated in the purchasing process; La Posada del Cani reserves the right to modify the prices provided that it has notified the User beforehand.
Once the purchase has been made, La Posada del Cani will issue the proof of purchase and/or documents applicable to the reservation in question.
The Terms and Conditions herein, the Special Terms and Conditions relating to the sale of the rate reserved by the User and the reservation confirmation slip or request, detail all of the obligations between the parties.
No General or Special Terms and Conditions communicated by the User may be inserted into the Terms and Conditions herein.
The documents that comprise the contractual obligations between the parties are, in descending order of priority, the reservation confirmation slip or request (including the Special Terms and Conditions of the reserved rate) and the Terms and Conditions herein.
In the event of a discrepancy between the reservation confirmation slip and the General Terms and Conditions, the terms set forth on the reservation confirmation slip shall be the only terms and conditions applicable to the obligation in question.
7. RATES AND BILLING
A rate breakdown shall detail the final price of the Service that has been purchased, as well as indirect taxes or any other fee or tax that is applicable in the country where the Service is rendered.
In some countries, a fee must be paid to enter and/or leave the territory; such fees must be paid by the User in their capacity as tourists or visitors and must be collected by La Posada del Cani, which shall subsequently forward these to the Government of the country in question. La Posada del Cani shall do everything within their power to ensure the User is informed of such fee prior to purchasing a Service. Nevertheless, if any country or region were to implement a fee in such a way that La Posada del Cani were unable to notify the User prior to purchasing a Service, the latter hereby expressly authorises the former to charge such fee using the selected payment method.
In any event, the User hereby accepts full and sole liability with regard to those fees arising from their trip, such as port, airport, visa fees, etc.
A charge of one euro (€ 1) — or equivalent currency based on the exchange rate on the day that the charge is to be made — may be made on the User’s credit/debit card in order to verify that such payment method is in working order. The euro charged to the card will be discounted from the total amount of the reservation.
La Posada del Cani will not send bills, confirmation slips or any other documents relating to the reservation on paper under any circumstance. The User hereby accepts La Posada del Cani’s
commitment to the environment, and therefore accepts the electronic means through which they will receive the documents.
The prices relating to the reservation of the Services shall be indicated before and during the reservation process.
The prices shall be expressed per room, number of guests and date selected.
The prices shall be confirmed to the User with all the taxes included, in the Hotel’s commercial currency (in some cases it may be different to the Hotel’s local currency) and shall only be valid for the period indicated on the Website.
All reservations, regardless of their origin, must be paid in the Hotel’s currency, except when there are particular provisions indicated at the Hotel.
Currency conversion is shown for information purposes only, never contractual purposes. Only the currency that has been confirmed when the reservation is made is guaranteed (if such currency is different to that of the Hotel, the currency conversion costs shall be met by the User).
8. PAYMENT METHODS
La Posada del Cani shall indicate the available payment methods according to each Hotel and how far in advance the reservation is made. The User must make the payment by means of any of the methods of payment available.
Based on how far in advance the reservation is made and the Hotel, the available payment methods are as follows:
- Interest-free instalment payments: The User, if they have this option contracted with the entity that has issued the card, may pay the reservation price in various instalments without paying interest. Payment of the reservation shall be made within the deadlines, in the instalments and under the conditions agreed by the User and entity that issued the credit card. The User shall make the full reservation payment to the banking entities in the agreed instalments and La Posada del Cani shall pay the cost of the interest. This payment method means the User is unable to perform any type of change to the reservation they have made. In the event of a no-show or cancellation, the User must pay the full amount of the reservation.
- Credit card payment. This payment method may be used in the following ways:
- ·Full reservation price amount at the time the reservation is confirmed
- ·Split payments: At the time the reservation is made, a certain percentage of the price, which is indicated in the information relating to the reservation, shall be paid and the remaining percentage of the price shall be paid before the date indicated in the same information. This is on the understanding that if the second payment is not made within the indicated period, it shall be treated as if the reservation were being cancelled. Under no circumstance is it guaranteed that the payment method used to pay the initial percentage of the reservation price can be used when paying the remainder of the price.
If payment is made with a card and the cardholder is not the person who is going on holiday, the cardholder will have to provide additional information, over and above that normally required as part of the purchasing process. If that information is not provided correctly, payment must be made at the hotel and, if it is not provided at all, the booking will not be valid.
- Payment at the destination: Payment may be made by the User in cash or by card at the destination upon arrival at the Hotel. In such case, the User shall enter, in order to guarantee the reservation, the purchaser’s credit card information and in the event that they do not show up at the Hotel or they change the details, La Posada del Cani will charge them the stipulated penalties. Under no circumstance is it guaranteed that the payment method used for the initial guarantee can be used to pay at the destination.
- Telephone payment: The User may, if the IT system allows it, make the payment by calling the call centre on the telephone number indicated on the Website. The period to confirm and pay for the reservation must not exceed 3 hours from the moment the reservation is made. In the event that the telephone confirmation is not made in the stipulated period, RIU HOTELS reserves the right to cancel the reservation, and the User will be unable to claim or request anything from the RIU HOTELS. The User must confirm the credit and/or debit card information over the telephone, expressly accepting that the reservation price, as well as the potential expenses or cancellation/modification fees are charged to such card. The User hereby undertakes that the payment method used is their own and that the data information provided is correct, authorising RIU HOTEL to charge the purchased Services and to immediately cancel or modify the payment process in the event of any reasonable indication that the chosen payment method is being used irregularly.
- Cash payment: Cash payments must be made in the Hotel’s currency. In order to comply with the legislation in force relating to limits on cash payment, payments in excess of 2,500 euros (or equivalent currency at the time payment is made) may not be made in cash.
- If the User is a resident of the European Union, the Terms and Conditions consist of an agreement entered into by the User and Reservation Shop, S.L.U. Under such Terms and Conditions, the Services will be rendered by Reservation Shop, S.L.U. as agent of any of the non-eu companies listed in Provision One or by any of the non-EU companies listed in Provision One, depending on the payment method used for the purchase of the Services. If the User is not a resident of the European Union, the Terms and Conditions shall consist of an agreement entered into between the User and the corresponding company from the list provided in Provision One; therefore, the Services will be rendered by them directly.
9. ADDITIONAL SERVICES
When the services of any third party offering to provide services other than hotel reservations such as flights, rail and coach transfers, or car rental are promoted either on www.riu.com or in any other media, these services are operated by third parties and the terms and conditions of the third party service provider will apply. La Posada del Cani is not responsible for the correct performance or otherwise of these third party suppliers and in particular is not responsible for delays, cancellations or incorrectly featured information.
10. RESERVATIONS, CANCELLATIONS AND CUSTOMER SERVICE
The User may modify or cancel the reservation via the Website or the call centre. The modification, cancellation or no-show terms and conditions for the reservation shall be those that feature in the purchasing process specified on the Website, which the User is aware of and hereby expressly accepts at the time the reservation is made:
A modification shall be deemed to be:
- Changing the arrival date
- Shortening the length of the initial reservation that was made
- Changing the number of rooms reserved if the reservation falls within the cancellation period indicated on the Website.
Changing the name of the User that made the reservation shall be deemed to be a Cancellation.
Contact with La Posada del Cani for information, suggestions or to conduct a claim may be done through the form accessible through the link ‘Contact’ in the center of the bottom of the web or through phone accessing the link ‘Contact Us ‘at the right of the top of Web.
User also can contact directly using the following email addresses:
- Pricing, Hotel Information and Reservations: firstname.lastname@example.org
Upon arrival at the Hotel, the reservation must always be confirmed by means of the confirmation slip. The User hereby undertakes to carry the confirmation slip and present it when checking in, accepting that the Terms and Conditions of the reservation may not be guaranteed if such document is not presented.
The User hereby accepts and undertakes to use the room and the Hotel’s facilities in an appropriate manner. Any behaviour that goes against good manners and public order may enable the Hotel to request the User to leave the establishment without any compensation whatsoever or any type of refund if a payment has already been taken.
Users taking food into the Hotel shall be required to sign the document releasing the Hotel from liability beforehand; such document shall be provided to them in the Hotel’s reception.
12. OFFER VALIDITY
The Website’s offers shall only be valid during the time when they are accessible to the Users to be purchased by means of the established purchasing process.
The quote displayed on the Website shall be based on the rate in force for the User’s country of residence, using the User’s IP address as reference. In the event that, due to a discrepancy between the User’s IP used to access the website and their country of origin, an incorrect calculation is made, La Posada del Cani reserves the right to change the system’s quote, having previously notified the User.
In the event that La Posada del Cani cancels the reservation due to an act of nature or force majeure, the reservation shall be cancelled without entitling the User to file a claim or request compensation. Such event must be communicated to the User, where possible, via the communication channel used when confirming the reservation.
13. PRESERVATION PRINCIPLE
If one or several of the provisions included in the Terms and Conditions were declared partially or completely null and void, this shall only affect such provision or the part that has been declared as such, with all other provisions remaining in place, deeming such provision or the affected part thereof as not included.
All notifications, summons, requests and other communications that must be made by the parties in relation to the Terms and Conditions must be made in writing and shall be deemed to have been duly performed when they have been delivered by hand or sent by normal post to the other party’s address or to the email address thereof.
15. JURISDICTION AND APPLICABLE LAW
Any conflict arising from the use of the Website shall be governed by Spanish Law and the Courts of Málaga.
RIU CLASS SPECIFIC CONTRACTING CONDITIONS:
The use of the services of RIU or the contracting of its services implies acceptance of the following general terms and conditions:
In agreeing to this contract, you declare and accept:
1. Acceptance of the Riu Hotels & Resorts GENERAL CONTRACTING CONDITIONS
2. Bookings and Cancelations
The User may modify or cancel the booking through the Call Centre or through www.riu.com. The modification, cancelation and no-show conditions of the booking shall be those that appear in the purchasing process specified on the Website and which the User knows and expressly accepts at the time the booking is made.
– August 2018 –