1. Scope of Application
a) These General Terms and Conditions (hereinafter the “GTC”) govern agreements for the rental of rooms for accommodation purposes, as well as all other goods and services provided by the Hotel to the Customer.
b) Use of these services constitutes full and unconditional acceptance of all the GTC set out in this document. The version applicable and published at the relevant time shall automatically form part of the agreement concluded with the Hotel, without the need for these GTC to be reproduced in writing in the agreement.
c) The Customer can find all information concerning access to and use of the website, as well as the content and services contained or accessible there, in the current version of the published legal notice.
2. Conclusion of the Agreement, Contracting Parties
a) The Customer declares that they are of legal age and have the legal capacity required to enter into an agreement for the services offered under these GTC, and that they fully understand and accept these GTC. If a booking is made by a minor, the Hotel accepts no liability, and any resulting costs and consequences shall be borne by the minor, their parents or their legal representatives.
b) The parties to the contract are the Hotel and the Customer, who warrants that the information provided when making the booking is truthful, complete and accurate. If a third party makes the booking on behalf of the Customer, that third party shall be jointly and severally liable with the Customer to the Hotel for all obligations arising from the agreement concluded.
c) Following the booking, the Customer will receive a booking confirmation by email. The Customer must check the information contained in the booking confirmation and notify the Hotel of any errors within a maximum of 24 hours of receiving the confirmation. Otherwise, the Customer shall be deemed to have accepted the terms of the booking confirmation.
d) The agreement shall take effect when the Hotel accepts the Customer’s enquiry. At the Hotel’s discretion, the room reservation may be confirmed in writing.
3. Services, Prices, Payment and Possible Refunds
a) The reservation service is intended to reserve one or more rooms at the Hotel. The Hotel is therefore obliged to keep the rooms reserved by the Customer available and to provide the agreed services.
b) The Customer is obliged to pay in advance the Hotel’s applicable or agreed prices for the rooms provided and for any other services used. This also applies to services provided by the Hotel and to costs incurred by the Customer in respect of third parties.
c) The prices published on the website shall remain valid for as long as they are accessible to users and include statutory value added tax (VAT). If the rate of VAT changes at the time the services are provided, the agreed prices shall be adjusted and the Hotel shall be entitled to charge an additional amount corresponding to the increase in VAT. The price comprises the room rate per night for the selected room category and meal plan, together with any services expressly stated in the booking. The price does NOT include services not expressly stated, surcharges such as overnight accommodation taxes, tourist taxes or similar charges, or extras such as transfers, tips, telephone calls, laundry services, minibar, parking, room service, access to the spa area, etc.
d) Prices may change if the Customer subsequently requests a change to the number of rooms booked, the hotel services requested or the length of stay and the Hotel agrees to the change.
e) The booking is personal and non-transferable. Each stay may therefore only be used by the booking holder and any accompanying persons. The Hotel reserves the right not to approve changes to the booking holder and to cancel bookings where an unauthorised change to the booking holder has been made.
f) All travellers must, without exception, have valid identity documents required by law (e.g. passport or identity card) for themselves and any family members travelling with them. Travellers are responsible for the costs of obtaining any visas, passports, vaccination certificates or other documents required for the journey. Minors under 18 travelling without their parents or legal representatives must carry written consent signed by their parents or legal representatives in case this is requested by an authority.
g) Hotel invoices that do not specify a due date shall be due and payable immediately upon receipt, without deduction. The Hotel shall be entitled at any time to demand immediate settlement of amounts due. In the event of late payment, the Hotel may charge interest on arrears in accordance with the applicable statutory provisions, without prejudice to its right to claim compensation for any higher proven loss.
h) Depending on the selected rate, the Hotel reserves the right to require a reasonable advance payment or deposit upon conclusion of the agreement. The amount of the advance payment and the payment dates shall be agreed in writing in the contract.
i) Depending on the terms of the booking or reservation, the following payment methods are available:
- Credit or debit card: In this case, the Customer must present the card upon arrival at the Hotel. If no card is presented, the Hotel reserves the right to cancel the booking or require payment of the full amount for the stay.
- Payment on site: The Customer may pay at the Hotel in cash or by card. In this case, the Customer must enter their card details at the end of the booking process as a guarantee for the booking. In the event of a change or if the Customer fails to arrive at the Hotel, the cancellation charges specified on the website for the selected rate shall be charged.
j) The Customer may only set off a claim against a claim by the Hotel, reduce or withhold payment, or exercise a right of retention, on the basis of an undisputed claim or a claim established by a final and binding court decision.
4. Cancellation by the Customer, Non-Use of Hotel Services and Failure to Arrive
a) Cancellation or termination of the agreement by the Customer requires the Hotel’s written consent and depends on the agreed rate. If such consent is not granted, the Customer shall be required to pay the contractually agreed price even if they do not use the services agreed under the contract. This shall not apply if the Hotel has failed to take due account of the Customer’s rights, legally protected interests or legitimate interests, if continuation of the agreement can no longer reasonably be expected of the Customer, or if another statutory or contractual right of withdrawal applies.
b) If the Hotel and the Customer have agreed in writing on a deadline by which cancellation is possible free of charge in accordance with the agreed rate, the Customer may cancel the agreement up to that deadline without the Hotel being entitled to payment or any compensation. The Customer’s right to cancel shall lapse if it is not exercised in writing within the agreed period, unless there is a reason for withdrawal as set out in the preceding paragraph.
c) If the Customer does not use the rooms, the Hotel shall deduct from the amount claimed any income generated by renting the rooms to third parties, as well as any costs saved as a result.
d) The Hotel may claim the contractually agreed remuneration and deduct a fixed amount for the costs saved. In this case, the Customer shall be required to pay at least 90% of the contractually agreed price for the overnight stay, with or without breakfast.
e) Unless otherwise agreed, cancellation free of charge is possible, depending on the cancellation terms of the reservation booked, up to 3, 7, 14 or 21 days before arrival.
f) The Customer shall have the right to demonstrate that the relevant claim does not exist or does not exist in the amount demanded.
5. Cancellation by the Hotel
a) If an advance payment agreed or required under Clause 3(e) and/or (f) is not made even after the expiry of a reasonable period set by the Hotel, the Hotel may cancel the booking.
b) In addition, the Hotel shall be entitled to terminate the agreement for good cause, including where:
- force majeure or other circumstances for which the Hotel is not responsible make it impossible to perform the agreement;
- the rooms were reserved using misleading or false information concerning material facts, such as the Customer’s identity or the purpose of the stay;
- the Hotel has reasonable grounds to believe that use of its services could jeopardise normal hotel operations, security or its public reputation, provided this is not attributable to the Hotel’s management or organisation;
- Clause 1(b) has been breached.
c) The Hotel shall notify the Customer without undue delay that it has terminated the agreement.
d) The Customer shall have no claim for compensation as a result of a justified cancellation by the Hotel.
6. Availability, Handover and Return of Rooms
a) The Customer shall have no right to be allocated a specific room.
b) The reserved rooms shall be available to the Customer from 3.00 pm on the agreed arrival date. The Customer shall have no right to earlier availability.
c) The rooms must be vacated and made available to the Hotel by no later than 11.00 am on the agreed departure date. In the event of late departure without good cause after the contractually agreed time, the Hotel may charge 50% of the full overnight rate (list price) for continued use of the room until 6.00 pm and 100% of the price thereafter. The Customer shall have no contractual claim in respect of these surcharges. The Customer may, however, demonstrate that no compensation was due or that a substantially lower amount was due.
7. Hotel Liability
a) Mere access to the website, or the provision of information by telephone or other means of telecommunication, shall under no circumstances establish a contractual relationship between the user and the Hotel. The portal merely provides information about the hotel rooms available at the time the information is requested. The agreement is only concluded when a booking is made, whether in person, online or by telephone. The booking confirmation issued for the booking contains the booking number to be presented upon arrival at the Hotel.
b) The Hotel shall be liable for the performance of its contractual obligations with the due care expected of a prudent businessperson. A breach of contract by the Hotel shall be deemed equivalent to a breach by its legal representatives or vicarious agents.
In the event of interruptions to or defects in the Hotel’s services, the Hotel shall take measures to remedy them as soon as it becomes aware of them or after the Customer has promptly submitted a complaint.
c) The Hotel shall be liable for items brought into the accommodation by the Customer in accordance with the statutory provisions. Any claim for liability shall lapse if the Customer does not notify the Hotel without undue delay after becoming aware of the loss, destruction or damage of an item.
d) If the Customer is provided with a parking space in the Hotel garage, this shall not constitute a contract of custody, even if a fee is charged for it. The Hotel shall not be liable for the loss of or damage to motor vehicles or bicycles parked or moved on the Hotel premises, or for their contents, except in cases of intent or gross negligence. Sentences 2 to 4 of Clause 7(a) shall apply accordingly.
e) Messages, mail and parcels received for guests shall be handled with due care. The Hotel shall hand them over to the guest, store them and, upon request, forward them for a fee. Sentences 2 to 4 of Clause 7(a) shall apply accordingly. This shall not constitute a contract of custody.
f) The Hotel shall not be liable for items left behind by guests. Such items shall only be sent to the guest upon request and against advance payment of the shipping costs. Please note that the Hotel is obliged to retain such items for three months.
g) All claims against the Hotel shall be subject to the limitation periods and other provisions of Spanish law.
8. Final Provisions
a) The Hotel reserves the right to amend these GTC and shall inform users of any amendments on the website. Amendments and additions to agreements concluded with Customers must be made in writing. Unilateral amendments or additions by the Customer shall be invalid.
b) If any provision of these GTC is or becomes invalid or void, the validity of the remaining provisions shall not be affected. The applicable statutory provisions shall apply.
c) The place of performance and payment shall be the location of the Hotel.
d) This agreement shall be governed exclusively by Spanish substantive law, excluding conflict-of-law rules and international treaty law.
e) Unless otherwise provided by law, the Hotel and the Customer agree that the courts at the location of the Hotel shall have jurisdiction over any disputes concerning the validity, in whole or in part, performance, enforcement or termination of these GTC. The parties expressly waive any other jurisdiction to which they may otherwise be entitled.