Abora Buenaventura Legal note
These General Terms and Conditions for Hiring Tourism Services are an integral part of the Legal Notice. Accessing and browsing the site, or using its services, implies accepting these Terms and Conditions (and therefore the Legal Notice, Privacy Policy and Cookies Policy posted on the Web). Please read them carefully.
The use of Web services implies full and unreserved acceptance, and the validity, of all the General Terms and/or Conditions for Hiring− which shall be deemed automatically incorporated in the contract signed with LOPESAN HOTEL GROUP, without the need for them to be transcribed in writing thereof− included in the latest updated version of these General Terms and/or Conditions. Where the services or products offered on the Web are subjected to special conditions which, as appropriate, replace, complete and/or amend these General Conditions, LOPESAN shall inform the User in each particular case.
1.- SERVICES OFFERED ON THE WEB
The services offered through www.lopesan.com are:
a) Information on availability of hotel rooms: this is a service for information only and it just allows the User the possibility to check room availability. This service shall be directly managed by LOPESAN.
b) Online room and/or services booking: means the room and/or other specific services booking through the Web. This service shall be directly managed by LOPESAN. The use of these services implies full and unreserved acceptance of all the terms and conditions for hiring services by the user, as well as their validity, and they shall be directly applicable to the contracted services, without the need for them to be transcribed in writing thereof.
c) Package booking: means hiring jointly hotel room and services (inside or outside the hotel) at an overall price, without the price of each part being detailed separately. This service shall be directly managed by LOPESAN HOTEL GROUP. The use of these services implies full and unreserved acceptance of all the terms and conditions for hiring services by the user, and they shall be directly applicable to the contracted services, without the need for them to be transcribed in writing thereof.
d) Flight+Hotel Bookings: means booking jointly and at an overall price, hotel room and return flight provided by an airline and, in some cases, car hiring without a driver or other additional services. This service shall be provided by an external supplier.
e) "Golf only" bookings: means booking a Green Fee. This service shall be provided by an external supplier.
Clear and accurate information about the detailed price of products or services, online bookings and packages and all the information required by the hotel accommodation rules and, where appropriate, by package tours rules, shall be offered on this Webpage through the particular conditions of each of the services eventually hired by the User.
2.- COMMON PROVISIONS TO ALL SERVICES
To access and hire the Web services, the User states that he/she is of legal age and has legal capacity to act according to his/her national law.
Hiring the services directly offered by LOPESAN through the Web, implies full and unreserved acceptance of all the terms and conditions for hiring services by the user, as well as their validity, and they shall be directly applicable to the contracted services, without the need for them to be transcribed in writing thereof, included in the latest updated version of these general terms and/or conditions
In case of hiring third-party products offered through the Web, they shall be subject to their own general conditions, so the User should print or download them and read them carefully.
2.1.- Hiring procedure
In accordance with the legislation in force in Spain, specifically the provisions in Article 27 a) of Law 34/2002 dated 11th July, regarding Information Society Services and Electronic Commerce, hiring through www.lopesan.com shall follow these steps:
- Step 1 “Select Hotel”: Hotel selection using the search parameters and dates of stay
- Step 2 “Select Combination”: Selection of room type, number of rooms, number of people and type of accommodation.
- Step 3 "Confirm Booking": Booking confirmation by inserting both the User’s information related to the booking, as well as the bank card used as guarantee or to make online payment of the hired service, and acceptance of the booking terms and conditions. In this final step, the User may also hire extras and additional services, being showed in the final price. To do this, the client must provide his/her personal data (name and surname*, gender*, address, post code, city, country*, e-mail* and/or phone number) and his/her credit card details (card type*, credit card number* and expiry date*), whose use shall depend on the payment method chosen by the client from the options offered. Credit card details shall not be requested if the payment is made by wire transfer.
All personal data containing the (*) symbol are mandatory and essential for the service delivered under the provisions of Article 7 of Decree 142/2010 dated 4th October, approving the regulation on Accommodation Tourist Activity.
When completing the personal data form in any of the hiring processes, the holder of such data authorises LOPESAN to use and automatically process the provided personal data in order to proceed with the requested booking and/or manage internal or external services of LOPESAN HOTEL GROUP. The client making a booking is informed that his/her personal data shall be communicated to the destination hotel in order to arrange the booking and ensure its implementation.
2.2.- Hiring procedure confirmation
By using the service, after entering the data and, where appropriate, those related to the credit card, the User will receive a confirmation email informing that the purchase order is in the process of confirmation.
After the booking is formalised, the client is requested to review its content in order to identify potential material errors in data provided. Should the client see any errors, the client shall contact LOPESAN by telephone or email and facilitate the booking identification details.
The booking shall be confirmed through the web itself, with a booking code, a screen shall appear with the booking details.
Likewise, once the corresponding booking charge is made, LOPESAN HOTEL GROUP shall send a final booking confirmation email to the User, indicating all the details of the terms and conditions for the hired/booked service.
The electronic process for hiring shall end at this stage, accordingly understanding that the booking service has been hired:
1) In case of paying the hired service at the hotel: Upon receipt of the confirmation email.
2) In case of online payment of the hired service: From the moment the positive charge is made on the credit card provided by client
3) In case of wire transfer payment: From the moment the payment of 10% of the booking amount is received, always within a maximum period of 14 days after the online booking is made
2.3.- Payment methods
LOPESAN offers its clients various payment methods to hire the services.
1.- Payment of the hired service at the hotel: In this case, the credit card details provided by the client shall be used as a guarantee, without any charge for the hired services being made on it. The room and/or services payment shall be made at the hotel by the client when checking–in.
2.- Online payment of the hired service: This payment method involves the automatic charge on the credit card provided earlier by the client, of the amount corresponding to the room/s and/or hired services. Consequently, choosing the online payment involves granting consent for both room booking and its payment.
3.- Wire transfer payment: This payment method is offered in some hotels as an alternative to credit card payment, and consists of prepaying 10% of the total amount of the booking by wire transfer to the account that shall be provided to the client during the electronic hiring process. The transfer shall be made within a maximum period of 14 days from the online booking date. If the transfer is not done within that period and/or the payment notice is not sent to the fax number indicated on the booking, the booking shall be automatically cancelled. The contract is deemed completed when the wire transfer payment is received.
Notwithstanding the provisions in the above three points, the specific payment method shall be explicitly indicated on each specific service.
2.4.- Right of withdrawal
The client is expressly informed that, according to the provisions of Article 103 of Royal Legislative Decree 1/2007, dated 16th November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the legal rules concerning the right of withdrawal do not apply to bookings made through www.lopesan.com, with the special conditions of the offer in respect of cancellation being applicable in any case.
2.5.- Cancellation Policy
Cancellation of bookings may be made through www.lopesan.com or by telephone, through the information and booking number indicated on the Web (Call Centre).
2.5.a) General arrangements for cancellation. The booking cancellation can be made without charge until 06.00 p.m. on the day prior to arrival at the hotel, except in special cases stated below. After the indicated time, the total amount of the first night per booked room shall be charged. The amount shall be charged on the credit card whose details were provided by the client at the time of the booking. The client expressly authorises this by accepting these conditions.
2.5.b) Special cancellation and amendment scheme for online paid bookings (non-refundable bookings). In case of online payment of the hired services, once the charge has been made on the card credit, the cancellation or modification of such bookings cannot be made, so these bookings will be "non-refundable”.
2.5.c) Special cancellation scheme for hotel bookings in Germany and Austria. A number of specific conditions are established in terms of the cancellation scheme for LOPENSAN hotel bookings in Germany and Austria, which are directly applicable to clients.
Confirmed client bookings are binding on both parties. If the parties have not agreed on a free withdrawal at the time of signing the contract, until a certain date or if there is no legal right from client to withdraw or terminate the contract, the client must pay the following compensation to the hotel in case of cancelling a confirmed booking, reducing of the confirmed volume of the booking or any other withdrawal:
(1) The hotel has no right to compensation if the written cancellation, written volume reduction of the booking or withdrawal from the contract, declared in writing by the client, arrives at the hotel up to 30 days before the agreed commencement of the period of the service provision.
(2) If the written cancellation, written volume reduction of the booking or withdrawal from the contract declared in writing by the client, arrives within 29 to 10 calendar days before the agreed commencement of the services provision, the hotel right to compensation reaches 50% of price of the services in question.
(3) If the written cancellation, written volume reduction of the booking or withdrawal from the contract declared in writing by the client arrives within less than 10 calendar days before the agreed commencement of the services provision or if the client does not accept the services offered on the day of arrival, the hotel compensation is 90% of price of the service in question.
These cancellation amounts shall be charged on the credit card whose details were provided by the client at the time of the booking. If the prepayment was made by wire transfer, the hotel may request payment by invoice. The invoice for the cancellation fees shall be sent to the email or the address given by the client at the time of the registration. The client expressly authorises this by accepting these conditions.
2.5.d) Special cancellation scheme for package tours. Package Tour means the combination in advance of at least two of the following: transport, accommodation or other tourist services not ancillary to transport or accommodation, offered with a total price.
Those services hired by the client that are considered Package Tour, in accordance with Royal Decree 1/2007, dated 16th November, approving the revised text of the General Law for the Defence of Consumers and Users the following penalties shall be applied:
- 5% of the total amount of the trip, if the cancellation occurs more than ten and less than fifteen days before the date of commencement of the journey;
- 15% between days three and ten;
- 25% within the 48 hours before the departure
Management and cancellation fees referred to in the preceding paragraph shall be defined in the specific conditions of each of the services eventually hired by the User.
These cancellation amounts shall be charged on the credit card whose details were provided by the client at the time of the booking. If the prepayment was made by wire transfer, the hotel may request payment by invoice. The invoice for the cancellation fees shall be sent to the email or the address given by the client at the time of the registration. The client expressly authorises this by accepting these conditions.
2.6.- Booking modification policy.
Except online payment bookings (“non-refundable bookings"), the booking modification can be made without charge until 06:00 pm on the day prior to arrival at the hotel. If the change involves extending the dates, people or increased boarding or room category, the cost shall be based on the price terms indicated on the website www.lopesan.com on the day the modification is performed.
2.7.- Compensation if the client does not show up at the hotel (NO SHOW)
2.7.a) General system of NO SHOW policy
The arrival time limit at the hotel is 06.00 p.m. on the day of arrival.
If the client does not show up at the hotel and checks-in before 06.00 p.m. on the day of arrival (subject to booking modification or cancellation) the total amount of the first night per booked room shall be charged on the credit card (details previously provided by the client), as compensation. The booking shall be automatically cancelled. If the arrival at the hotel is scheduled later than 06:00 p.m., the hotel must be directly contacted.
2.7.b) Special scheme for on-line payment bookings (non-refundable bookings). The above general scheme shall not apply in cases of online payment of the hired services. Since these bookings are "non-refundable" in case of no show at the hotel, the client shall not be refunded any amount.
2.7.c) Special scheme for Germany and Austria. If the client does not show up at the hotel without prior notice, he/she may be refunded 10% of the stay as compensation for expenses not incurred, in accordance with the German Civil Code (provisions 651 a and following).
2.7.d) Special Package Tours: In the event that the booking is for a package tour, if the User does not show up at the trip departure, he/she shall be obliged to pay the total trip price, including any outstanding amounts.
3.- APPLICABLE LAW AND JURISDICTION
If one of the provisions set forth in these General Terms for Hiring was declared void or unenforceable, all other general conditions shall remain in effect. In that case, LOPESAN shall replace the void provision trying to stay as close as possible the purpose originally intended.
These General Terms and/or Conditions for Hiring are governed by the applicable laws in the Kingdom of Spain.
LOPESAN HOTEL GROUP and the Users, for the resolution of any dispute that may arise with respect to the validity, execution, compliance or resolution, full or partial, are subject, expressly waiving their own jurisdiction or any other that may correspond to them, to the jurisdiction of the Courts of Las Palmas de Gran Canaria (Las Palmas, Spain).
This contract constitutes the full and complete agreement between LOPESAN and the User, and supersedes all prior agreements, commitments, representations or contracts, either written or oral, that may have previously existed between them.
In any case, any dispute that may arise from the service provision in the hotel where the client stays, shall be submitted to the Courts where the consumer lives.