Legal Notice and Conditions
LEGAL NOTICE AND GENERAL CONTRACT CONDITIONS
1.- Scope of application.
The purpose of this document is to establish and regulate the rules of use of the Site https://www.benalmadenapalace.com/ (hereinafter the "Site"), the Site being understood as all pages and their contents of the Benalmádena Palace SPA Hotel, property of Amo Holiday, SL, which is accessed through the domain and its subdomains, as well as the General Conditions of Contract in sales from our online store. The use of the Site attributes the condition of User of the same and implies the acceptance of all the conditions included in this Legal Notice. The User undertakes to carefully read this Legal Notice on each of the occasions in which he intends to use the Site, since it and its conditions of use contained in this Legal Notice may undergo modifications. The use of our online store, either as a simple visitor or as a registered member, attributes the condition of consumer or user, and acceptance of the General Conditions of Contract. The user undertakes to carefully read this Legal Notice and General Contract Conditions on each of the occasions in which he intends to use the Site, since these may undergo modifications. All notices can be reviewed at any time by the user through our website. It will be understood that the follow-up of all the steps foreseen to acquire a reservation through our online store, as well as your request, implies the full and unreserved adherence of the user to each and every one of the general conditions published on the website. These Conditions shall apply from the beginning of the online purchase procedure of the product until the receipt of the shipment, as well as the end of the withdrawal periods and legally established guarantees, as appropriate.
2.- Ownership of the Website.
The owner of this Site is Amo Holiday, SL domiciled at Camino de Gilabert s / n, CP 29650, of Benalmádena Costa, and with CIF: B91086272. Registered in the Mercantile Registry Volume 3166, folio 10, Sheet SE-42475. Registered in the tourism registration number with the number: H / MA / 01733, Modalidad Playa, granted by the General Directorate of Tourism Quality, Innovation and Promotion, under the Ministry of Tourism and Sports of the Junta de Andalucía. You can check the registration here: http://www.juntadeandalucia.es/turismoydeporte/opencms/areas/turismo/registro-de-turismo/ We are attached to the consumption system, regulated by the Junta de Andalucía. We have a claims book. For more info consult the OMIC: http://www.benalmadena.es/delegations-consumo.php You can contact us at the following telephone or e-mail numbers: Phone: 952964958, e-mail: rrhh@benalmadenapalace.com
3.- Intellectual and industrial property.
The intellectual property rights of this site are the property of Amo Holiday, SL, or of third parties that are authorized when necessary. The reproduction, distribution, commercialization or transformation, total or partial, of the unauthorized content of the Site constitutes an infringement of the intellectual property rights of Amo Holiday, SL. Likewise, all brands or distinctive signs of any kind contained in the Site are protected by Law. The unauthorized use of the information contained in this Site, as well as the damages caused in the intellectual and industrial property rights of Amo Holiday, SL , may result in the exercise of the actions that legally correspond and, if appropriate, the responsibilities arising from said exercise. In the event that the products of our online store are susceptible to protection by Intellectual Property, Amo Holiday, SL guarantees to be authorized to manage the acquisition and collection of the product to the consumer.
4.- Exclusion of liability.
The content, programs, information and / or advice expressed on this Site should be understood as merely indicative. Amo Holiday, SL, does not respond in any way to the effectiveness or accuracy of the same, being exempt from any contractual or extra-contractual responsibility with the Users who make use of them, since these are the ones that must decide at their discretion the opportunity to the same. On this Site you can publish content contributed by third parties or companies, Amo Holiday, SL, is not responsible for the veracity and accuracy of the same, being exempt from any contractual or extra-contractual liability with the Users who make use of them. Amo Holiday, SL, reserves the right to modify the content of the Site without prior notice and without any limitation. Likewise, it declines any responsibility for the possible damages that may be caused by the lack of availability and / or continuity of this Site and the services offered on it. Amo Holiday, SL, does not guarantee the absence of viruses or other elements on the web that may cause alterations in your computer system. Amo Holiday, SL, declines any contractual or extra-contractual responsibility with the Users who make use of it and have damages of any nature caused by computer viruses or by computer elements of any kind. Amo Holiday, SL, declines any responsibility for the services that could eventually be provided on the Site by third parties. Amo Holiday, SL, declines any responsibility for the services and / or information provided in other Sites linked to it. Amo Holiday, SL, does not control or exercise any type of supervision on third-party Websites. We advise Users of the same to act with caution and consult the possible legal conditions that are exposed in these websites. Users who send any type of information to Amo Holiday, SL, agree that it is true and that it does not violate any third party right or current law.
5.- Conditions of use of the portal for users.
Access to this Site is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. It is expressly forbidden to use the Site for harmful purposes of goods or interests of Amo Holiday, SL or third parties or that in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or computer products and applications ( software) from Amo Holiday, SL, or third parties. In the event that the User was aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, denigrating, violent or contrary to morals, we would be grateful if you could contact Amo Holiday, SL.
6.- Reservations and responsibility.
Through the portal, consumers or users can make reservations. Our services are categorized, the available information about their characteristics and price appears on the screen; and one or several descriptive photographs. Before making the reservation, the user must check it and assess whether it suits their needs. Before making the reservation, the user must check it and assess whether it suits their needs. In addition, the user must be 18 years of age, provide the necessary data and accept these Conditions. The fact that the user completes the reservation form does not imply automatic acceptance of the order by Amo Holiday, SL, but it will be understood that he accepts it when an automatic email acknowledgment of the request is sent.
6.1.- Reservation procedure:
The customer must follow the instructions on the screen by filling in the fields until the room and date agreed, without any purchase commitment. You can view the reservation or delete it. You can change dates, days of stay, room, currency or language. In the same search, the web will guide you with notices, such as those related to minimum stays. If you wish to continue with the reservation, you must select the room or apartment, and press the "GO TO PAY" button. You can add different complementary services. Subsequently, you will receive a field to fill in your personal data, and after entering your credit card, you will confirm the purchase and accept the purchase in the “CONFIRM” button. No prior customer registration is necessary. You must accept the Legal Notice and conditions, as well as the particular conditions, typical of the chosen reservation format. The most prominent will appear in a drop-down. To complete the reservation process you must click on the “CONFIRM” button (or a similar expression), which entails the purchase with payment obligation. If there are help pages during the process, they will give the customer extra information about the purchase process. When a reservation is formalized, and once payment has been received and verified, Amo Holiday, SL, confirms the acceptance of the reservation by email within 24 hours of confirmation. If payment is made by credit card, the payment on the card will be made through bank POS. All commercial transactions are made in a secure server environment under 256-bit SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of your data. The establishment will charge 100% of the first night. The contract ends once you leave the hotel. The reservation is formalized at the time you are in the Hotel. The guarantees and data will be maintained for legal and / or commercial reasons, if you accepted or requested the latter. Amo Holiday, SL will not respond for inaccurate or erroneous publication when they are the result of events or circumstances that are beyond its control, including, but not limited to, governmental action, fire, flood, insurrection, earthquake, technical failure, hacking , mutiny, explosion, embargo, legal or illegal strike, shortage of personnel, interruption of any kind, or any other circumstance beyond their control. For any additional information about your reservation or billing, you can contact Customer Service through the email address direccion@benalmadenapalace.com Delivery times: It can be accessed from any operating system, platform or browser. If you have a problem, contact us.
6.2.- Specific terms and conditions:
Prices are quoted and will be charged in Euros, VAT included. These prices are subject to availability and can be modified if you do not book now. In special offers and on some specific dates a minimum stay may be required. When making the reservation it is essential to enter the credit card details of the reservation holder. The credit card is needed to guarantee the reservation. THE ESTABLISHMENT WILL CHARGE 100% OF THE FIRST NIGHT AT THE TIME OF RECEIVING THE RESERVATION TO YOUR CREDIT CARD. Reservations can be canceled or modified up to 4 days before the arrival date at no cost. After this time, you automatically lose the right to the money back. More amounts can be charged once at the hotel depending on your consumption. Don't forget to bring the card with you. To cancel or modify your reservation, go to the cancellations / modifications page on the website http://www.bookin1.com/cancel/cancel.jsp or the link given in your reservation confirmation. When the reservation has been canceled online, they should receive a cancellation reference by email. Please keep this number as proof of cancellation. In the absence of this cancellation reference, the reservation will remain confirmed and the amount equivalent to the first night of your reservation will be charged to your credit card in the case of "no-show" (do not appear on the day of the reservation). Despite the effort in the veracity of the information, the hotel does not accept any responsibility for errors or omissions and reserves the right to change the information and description of the hotel. Information provided by In1 Solutions: “When a deposit is charged for your reservation / purchase, it will appear on your credit card statement as" Reserve: www.travelin1.com ". Please visit www.travelin1.com for more information. The reservation / purchase agreement is wholly and exclusively between you (this term includes you and any other party included in the reservation / purchase made by you) and the Service Provider. The reservation technology is supplied by In1 Solutions Ltd and / or its subsidiaries, hereinafter In1, and thus proceeding In1 acts merely as an intermediary facilitating its contracting with the Service Provider through the use of In1 technologies. You are not hiring a service with In1. The service provider and In1 have been reasonably diligent to ensure that the content of the web / reservation system is accurate. You the Client acknowledges and accepts that In1 is not responsible for an inaccuracy in said information. By accepting these Terms and Conditions and proceeding with the purchase / reservation you acknowledge and accept that you are fully responsible for the choice of the Service Provider, and that the responsibility of In1 is limited at any time and without exception to the provision of the technologies of Reservation and at no time and for any reason our responsibility with you or another party included in the reservation / purchase made by you exceeds the responsibility of recovering and returning the deposit paid by you through our technologies to the Service Provider. The reservation / purchase confirmation email includes the contact details of the Service Provider. The Service Provider is your first point of contact for any type of query. In1 Customer Service can be contacted at support@in1solutions.com. ”
7.- Price, payment method, and supporting documentation.
The price of the products is defined in Euros, and will be established in the corresponding pages of the Site for each product, being valid for as long as they remain accessible on the website. The only form of payment supported on the credit card. Applicable taxes are included in the price of the product. In general, Amo Holiday, SL will send by email the confirmation of receipt of payment via email.
8- Warranty. No products subject to warranty are offered.
9.- Obligations of the user.
Any commercial use of the products with registered trademark, is expressly prohibited, unless expressly authorized by Amo Holiday, SL, or the owner of the trademark registrations. The user is obliged to pay the price of the product and make use of it according to the law and these general conditions. The user undertakes to maintain the confidentiality of his password and to notify us, immediately, of his suspicion of any unauthorized use of his account or access to his password. The user undertakes not to use the account, username or password of another User.
10.- Obligations of Amo Holiday,
SL It undertakes to make available to the user the necessary information related to the product and once the purchase has been made, to send a check via email, stating the receipt of the order placed, and the payment confirmation. It undertakes to have the necessary spare parts for the product, or to request them from the manufacturer, for 5 years from the end of manufacture. It will also prepare an invoice that will facilitate the consumer along with his order.
11.- Withdrawal.
The Right of Withdrawal is not applicable to hotel reservations, since a legal exception applies to this right because the trip is made at a specific time or within a period of time indicated exactly, since the hotel reserves a room for a specific period of time. However, you can cancel it up to 4 days before going to the hotel.
12.- Responsibilities.
The user will be absolutely responsible for the use made of the purchased reservation. Specifically, he will be responsible for: All those acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and public order. The certainty, accuracy, validity and timeliness of the data with which you will fill in each of the forms that Amo Holiday, SL requires on the website. The direct or indirect damages and losses that have been caused by any third party if the user lost, revealed, neglected or, in any way, allowed a third party to know for personal reasons his personal data necessary for contracting the product.
13.- Faculty of denial of the order.
Amo Holiday, SL reserves the right to exclude or not allow the acquisition of the product, when it considers that it is in violation of current regulations, general conditions, morality, generally accepted customs, public order, when a third party is harmed, or when for reasons derived from the image and reputation of the website Amo Holiday, SL do not consider it appropriate. In this case, if the payment had been made, it will be returned.
14.- Information and modification.
Amo Holiday, SL guarantees that it has exposed the present general conditions to the generality of the possible interested parties, on a date prior to the latter being able to contract the products, thus complying with the prior information period. The user may consult these General Conditions at any time through our website. The temporary validity of this condition coincides with the time of its exposure, until such time as the terms and conditions stipulated herein are modified totally or partially, the user being obliged to consult our General Contract Conditions each time he accesses Our online store. If any clause is declared void, it will be deemed not put without affecting the rest of the conditions.
15.- Assignment and subrogation.
Amo Holiday, SL may hire service providers, and collaborate or assign the formalized contracts to third parties, to carry out the supply of all or part of the products to which it undertakes under the different operations that are formalized.
16.- Extinction and resolution.
This contract shall be terminated when both parties comply with the obligations to which they commit themselves or when it is resolved by any of them if any of the causes provided for the resolution concur, or if the counterparty seriously breaches any of the obligations established in the contract.
17.- Notifications.
Notifications must be sent by any reliable means to the following address: Amo Holiday, SL; in the Camino de Gilabert street s / n, CP 29650, of Benalmádena Costa.
18.- Applicable law, jurisdiction and validity.
Amo Holiday, SL informs you that this Legal Notice and the General Contract Conditions are governed in each and every one of its extremes by Spanish legislation. This contract is established in Spanish. When the consumer enjoys protection regulations, he may claim or sue from the jurisdiction of his domicile. Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Benalmádena Costa (Spain), in the following cases: That the purchasing party has its domicile outside the European Union and in that country there is no bilateral agreement or multilateral with Spain that prevents the possibility of fixing the express submission of the jurisdiction; If it is a sale made by a company that acts within the framework of its business or professional activity.
19.- Contact us.
If you have any questions about these conditions, or if you would like to make any suggestions or recommendations, please contact us through the following email address: rrhh@benalmadenapalace.com
20.- Online Dispute Resolution.
In accordance with the provisions of EU Regulation 524/2013 on the resolution of online consumer disputes (ODR - Online Dispute Resolution), we inform you that as a consumer, you have at your disposal a procedure to resolve the various disputes arising from the sale online merchandise and services in the EU. The EU RLL (online dispute resolution) platform is available: http://ec.europa.eu/consumers/odr/ You can find more information at the following link: http: //eurrow.europa .eu / legal-content / ES / TXT / PDF /? uri = CELEX: 32013R0524
21- Download Documents:
You can download this document here (link to the downloadable document in .pdf) If you want us to send them in another format, request it in the comments section when processing your order.