1. INTRODUCTION
The purpose of this document is to regulate the GENERAL TERMS or CONDITIONS OF PROCUREMENT of the Pre-booking and Online Booking services (hereafter, and interchangeably, ‘Pre-booking’ and ‘Online Booking’ services, or ‘services’) of Giorgia Mariani y Daniel James Bolger SC ) Posada Ignatius, Plaza de Arcos 4, Navarrete, La Rioja, 26370, Spain and Tax ID number J26553966. (hereafter, ‘GM’), Tel. 941 12 4 094 . The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access www.posadaignatius.com or use its services.
The use of these services implies full and unconditional acceptance and validity of each and all the General Terms and/or Conditions – which are deemed to be automatically incorporated into the contract concluded with GM, without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.
2. USE OF THE GM PRE-BOOKING AND ONLINE BOOKING SERVICES
2.1. Pre-booking Services
The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of a room in the premises. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE GM HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION AND SUBSEQUENT PAYMENT BY THE USER. The user must verify the booking confirmation and notify GM of any error immediately in writing.
2.2. Online Booking Services
a. THE USE OF THESE SERVICES IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND/OR CONDITIONS – WHICH ARE DEEMED TO BE AUTOMATICALLY INCORPORATED INTO THE CONTRACT CONCLUDED WITH GM, WITHOUT THE NEED FOR YOUR WRITTEN TRANSCRIPTION IN THE SAME – INCLUDED IN THE LATEST VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS.
b. Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their purchase order is in the process of being confirmed. If you are a customer, once the corresponding debit for your reservation has been made, you will receive an email confirming this; this email serves as proof of your booking.
c. Guarantee: The booking is confirmed and guaranteed with a credit card. In the event of a no-show without prior notice, the full amount will be charged (including VAT and taxes).
d. Termination of the contract or cancellation of the booking: Cancellations are not accepted and refunds will not be made for any reason other than cancellations made within 12 hours after making the booking in cases when the booking is made 24hrs before the date reserved.
e. GM Policies for children
No children can be facilitated at the premises
g. Policy on minors.
Minors under the age of 18 staying in the Hotel must be accompanied by their parents, teachers or other duly authorized adults. Hotel staff may require relevant documentation identifying adults as parents/teachers of authorized persons.
h. Prices per room and night.
Prices are valid only in writing and for the period specified. GM reserves the right to modify these prices without prior notice where there are justifiable reasons.
Prices relating to the booking will be indicated during the booking process. VAT is applicable on these prices without prejudice to local taxes also being applied in accordance with existing local regulations in each country. These local taxes must be paid directly in the hotel.
i. Prices shown at the time of booking include VAT (or equivalent tax) according to the applicable rate at the time.
In the event that the applicable rate changes between the date of the booking and the date of services being provided, creating a disparity, in accordance with the applicable regulations, the applicable price shall be that which corresponds to the time of delivery of services or to the accrual of the tax, even where this will incur an increase to the final price indicated to the client during the booking process.
2.3. The user undertakes to use the services in accordance with the Law, moral standards, good customs and public order, as well as that which is stipulated in these General Terms and/or Conditions of procurement. Consequently, the user is obliged not to use the services for illicit purposes or effects and/or contrary to what is set out in these General Terms and/or Conditions of procurement, detrimental to the rights and interests of third parties or which could, in any way, damage the services, GM and/or its image.
2.4 GM shall, for increased agility and for the benefit of its users, be able to unilaterally modify at at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – GM’s ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via email address.
3. CONDITIONS APPLYING TO THE GM ONLINE CHECK OUT PROCESS.
For users who opt to use the “ONLINE CHECK-OUT” process, the following Particular Conditions will apply when checking out of the room they have reserved at the GM hotel:
3.1 How the Online Check-out Process Works
a. This process allows users to check out of their room without having to personally go to the reception area of the GM hotel to check out.
b. The Check-out process operates in the following way:
- The day before the user leaves the GM hotel, they will receive an e-mail or text message from GM, where they will be given a link to the General Conditions in this section 3. The acceptance of this section 3 implies authorizing, in your name or in the name of the other accompanying users, access to the information related to your stay at the GM hotel, as well as consenting to the rest of the content in the above-mentioned section.
The user must have accepted these conditions in order to be able to check out online. - Once the user is on the Online Check-out form, they will be able to see all the information related to their stay at the GM hotel: number of nights booked, number of guests, arrival and departure date, billing information, and total amount to be paid for the services provided (price, value-added tax, and applicable fees broken down).
- Users may use the Online Check-out up to 12 p.m. on their day of departure from the GM hotel; otherwise, they will have to check out at the GM hotel reception
3. PROTECTION OF THE USER’S PERSONAL DATA
Users of Pre-Reservation, Online Reservation, and Online Check-out services offered through www.posadaignatius.com, are voluntarily providing personal data (hereinafter, the Personal Data) and expressly, fully, and unreservedly accept that GM may process this data in an automated way and include them in a file for the purpose of being able to provide and offer its services.
Due to the specific characteristics of the activity and the GM services, and for the optimal development and achievement of its objectives, it is necessary to transfer personal data to third parties, including international transfers.
The owners of the data have the right to access the file at any time, and may exercise their rights of rectification, cancellation, and opposition in the Terms set out in the data protection legislation. Likewise, users’ consent to the processing and transfer of their personal data may be revoked at any time without retroactive effects, pursuant to the provisions of Articles 6 and 11 of Spanish Organic Law 15/1999 of 13 December on Personal Data Protection.
For such purposes, it will be sufficient to contact GM via the e-mail address info@posadaignatius.com, or by writing to Plaza de Arco 4, Navarrete, La Rioja, 26370. GM guarantees that it has taken the appropriate security measures at its facilities, in its systems and files. Moreover, GM guarantees the confidentiality of the personal data, although it will disclose to the competent public authorities the personal data and any other information in its possession or that is accessible via its systems that may be required pursuant to the legal and regulatory provisions applicable to the case. Users of www.posadaignatius.com guarantee and are responsible for the truthfulness, accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly up to date.
However, GM may collect information via devices such as cookies or log files regarding its users’ browsing on www.posadaignatius.com. These mechanisms are exclusively associated with one user and their own personal computer. In this case, GM will only use these data as a whole for the ultimate aim of improving its services.
Operations to check user account data and to request services or products via the GM website are carried out by means of a secure server. This server’s software encrypts the information entered by users before sending it to GM. Moreover, GM has strict security procedures regarding the storage and disclosure of data in order to prevent any unauthorised access to this data, pursuant to Article 9 of Organic Law 15/1999 of 13 December on Personal Data Protection in force in Spain.
5. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER
5.1 GM declares that the industrial property rights (Brands, Trade names, etc.) which appear in this Website are owned by them and/or are legitimately exploited under agreements or user licences, and are duly protected by current Legislation on Industrial Property. The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from:
(a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of GM or its titleholders incorporated into the contents and/or products marketed from the GM Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same.
(b) Using the contents and, in particular, information about GM obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people.
(c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorisation has been obtained from the titleholder of the corresponding rights or it is legally permitted.
(d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. GM grants no licence or authorisation of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website.
5.2. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify GM of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.
6. RIGHT TO MODIFY THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
GM reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via www.posadaignatius.com.
7. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
7.1 GM DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THUS EXCLUDING ANY LIABILITY FOR DAMAGES WHICH MAY ARISE OWING TO A LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES, ALTHOUGH IT WILL TRY TO FACILITATE, TO THE EXTENT OF ITS CAPABILITIES, TECHNICAL SUPPORT FOR THE PERSON AFFECTED, AND WILL TRY TO IMMEDIATELY RECTIFY THE BREAK IN SERVICES, PUTTING INTO PLACE, TO THE EXTENT OF ITS CAPABILITIES, ALTERNATIVE MEANS.
7.2 GM DOES NOT UNDERTAKE TO CONTROL AND DOES NOT HAVE ANY PRIOR CONTROL OVER VIRUSES OR ELEMENTS IN ITS CONTENTS WHICH MAY ALTER THE SOFTWARE OR HARDWARE OF THE USER OR OF PERSONS VISITING THE WEB PAGES AND WILL THEREFORE NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH MAY ARISE FROM THE SAME.
7.3 IF, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, GM IS UNABLE TO PROVIDE THE CONTRACTED ROOMS FOR REASONS WHICH ARE NOT ATTRIBUTABLE TO IT AND IF IT IS IMPOSSIBLE TO OFFER THE SERVICES UNDER THE CONDITIONS AGREED, GM SHALL OFFER THE USER THE OPTION OF A COMPLETE REFUND OF THEIR PAYMENT OR SUBSTITUTION FOR SOMETHING SIMILAR IN NATURE IN TERMS OF CATEGORY OR QUALITY. IF DUE TO SUBSTITUTION THE SERVICE IS OF AN INFERIOR CATEGORY OR QUALITY, GM MUST REFUND THE DIFFERENCE.
8. SAFEGUARDING THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
Should one of the stipulations of these General Terms and/or Conditions of procurement be declared null and non-operational, the rest of the General Terms and Conditions will be retained in the agreed Terms. GM undertakes to substitute the stipulation affected by the nullity, bringing it into line as far as possible with the intention originally sought by the parties.
NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.
9. WWW.POSADAIGNATIUS.COM AND ACCEPTANCE OF TERMS OF USE
The user is aware that use of the Pre-booking and online Booking services assumes full and unconditional acceptance of each of the clauses that make up the Terms of Use of www.posadaignatius.com, in the version published by GM at the time that the user contracts the service. These terms of use complete these General Terms and Conditions in all issues which are not contrary to them. Thus, the user must be aware of the importance of referring to the terms of this page prior to accessing and/or using these services.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and/or Conditions of procurement are governed by Spanish Law. For the resolution of any dispute arising with respect to its validity, execution, fulfilment or resolution, either total or partial, GM and the users expressly waive their own jurisdiction or any other which, if appropriate, may apply to them and submit to the competence of the Courts and Tribunals of La Rioja. This contract constitutes the full and complete expression of the agreement between GM and the user and replaces all previous pacts, undertakings, statements or agreements, either written or oral, which may have existed previously between both.
In all cases, any dispute arising from the provision of services in the hotel in which the client is staying shall be submitted to the consumer courts.
March 2018
