GENERAL CONTRACTING CONDITIONS, CLIENTS, PURCHASING OF PRODUCTS WITH USER REGISTRY
Together with our other terms and conditions, the present General Conditions establish the legal frame that regulates the contracting of products offered through the website WWW.HOTELAYA.COM.This website is owned by the company HOTEL AYA S.A, a legally incorporated company with registered office at CARRETERA ARENAL Nº 60 07600 PALMA DE MALLORCA, BALEARESand corporate tax ID number (CIF) A07020118, registered in the Commercial Registry of volume 121, folio 104, page 2584, book 36, section 3rd .
The activity of the Company and/or Entity HOTEL AYA S.A comprises the selling of . If you have any questions or queries, you may contact us by telephone on 971260450 or by sending an e-mail to our Customer Service Department to the following address DIRECCION@HOTELAYA.COM; firstname.lastname@example.org.
The present contracting conditions aim to regulate the terms and conditions applicable to the contracting of products offered by the company through the web, as well as the corresponding monetary compensation and/or payment made by the Client to the Company. Before initiating the contracting process and with the help of technical means that are adequate for the used communication channel, the company offers to the recipient of the service the following permanent, easy and cost-free information in a clear, comprehensive and unambiguous way:
a) The different steps and procedures that have to be followed in order to accept the present general contracting conditions.
b) An electronic file containing the present general contracting conditions that shall be accessible at all times.
c) The company puts at the disposal of the client the technical means necessary to identify and correct errors.
d) These general contracting conditions were drawn up and are formalised in Spanish.
e) Before initiating the contracting process, the company makes available to the client the general contracting conditions in a way that allows the client to save and reproduce them.
g) The present General Contracting Conditions are set forth according to the regulations of Law 34/2002 on services of the information society and e-commerce, with the modifications of Law 56/2007 from December 28 on measures to promote the information society and Law 2/2011 from March 4 on sustainable economy; Royal Decree-Law 13/2012; Law 7/1998 on general contracting conditions, Royal Decree 1906/1999 from December 17 regarding telephone and electronic contracting with general conditions, as a development of article 5.3 of Law 7/1998 from April 13 on general contracting conditions, Law 26/1984 for the defence of consumers and users, Royal Legislative Decree 1/2007 from November 16, which approves the consolidated version of the Law on the defence of consumers and users and other complementary legal regulations.
h) The acquisition and/or purchase of any of the company’s/entity’s products through the website implies that the client accepts without any reservation all and each of the General Contracting Conditions and the Particular Conditions that are applicable to the acquired and/or contracted products.
i) The company informs that, in order to contract the offered products, the client shall follow the steps and procedures which are described in the present general conditions, as well as those specific procedures which are indicated during the navigation on this site. Therefore, the client declares that it knows and accepts the said steps and procedures which are necessary in order to acquire and/or contract the products that are offered through the website.
j) The company will store all the information that was provided during the contracting process. Any modifications or corrections of data provided by the clients during the navigation process need to be made according to the instructions included in this website.
k) When submitting its data, the client gives its express consent to the treatment of its personal data with the purpose of acquiring and/or contracting the products that are sold by the company.
The client contracts and/or acquires the products of the company, which accepts the order of selling to the client the products that were selected through the website, in accordance with the present general contracting conditions.
The seller reserves the right to unilaterally modify the aforesaid Conditions, without this affecting the products or promotions that where contracted prior to any change that was introduced.
I.- IDENTITY OF THE VENDOR
The Vendor of the products that are contracted by the client and/or user is the company HOTEL AYA S.A. The activity of the entity consists of selling .
The company CARRETERA ARENAL Nº 60 07600 PALMA DE MALLORCA, BALEARESsells the products offered through the website WWW.HOTELAYA.COM. It shall be understood that the selling and/or contracting takes place at CARRETERA ARENAL Nº 60 07600 PALMA DE MALLORCA, BALEARES.
The website WWW.HOTELAYA.COM is registered under the name of the company HOTEL AYA S.A. The trade mark is duly registered under the name of the Company and/or Entity.
II.- PURPOSE OF THE CONTRACTING CONDITIONS
The purpose of the present contracting conditions is to set forth the conditions for the selling of products contracted through the website WWW.HOTELAYA.COM. These conditions shall regulate the contractual relationship between the Vendor and the Purchaser regarding the selling and buying and/or contracting, being this relationship initiated from the moment in which the Purchaser accepts/marks the corresponding checkbox during the online purchasing and/or contracting process. The specific features of the acquired and/or contracted products are listed on the website.
By contracting any of the products through the website WWW.HOTELAYA.COM, the purchaser accepts and shall be bound by the present General Sales Conditions in their totality.
The company sells through its website the following products: . This selling shall be regulated by de Contracting Conditions included herein and by the Particular Conditions that may be applicable, if it is the case, to the acquisition and/or contracting of all and each of the products. The prices applicable to the purchased and/or contracted products are those ones which are indicated on the website at the date of contracting and/or acquisition, and it is understood that the Value Added Tax (VAT) is included in the price.
Offers are duly marked and identified, indicating the original price and the price of the offer.
All means and technical requirements that are necessary to access the website and the products offered therein shall be the sole responsibility of the user.
After having accessed the website and in order to be able to acquire and contract the different products, the user shall follow all the indications and instructions that appear on the site; in order to proceed, the user shall accept/fill out the Contracting Conditions and other forms that are listed for each product, which implies that the user has read and accepted all the General Contracting Conditions, as well as the Particular Conditions that may be applicable, if it is the case.
III.- PURCHASING PROCESS
The contracting of the products shall be done by specifically selecting the desired product and/or products, using the purchase selection functionalities that are installed on the website. The selection and verification of the purchase request implies that you have expressly accepted all and each of the contracting conditions, in the form that these were published on the company’s website prior to your acquisition of the requested products.
From the moment of acceptance, the user acquires the condition of Client of the company/entity.
The provision of any products or services that are offered subsequently by the company/entity shall require a new contract.
It is recommended that the client carefully reads the present General Conditions and prints out the document in paper or saves the electronic version.
In order to contract any of the products offered through the website WWW.HOTELAYA.COM, the user shall register its personal and/or professional data and choose a password which allows it to access those areas that require prior identification. At the moment when your data is registered in our server, or when you enter into a contractual relationship with us, your personal and professional data, your address and the data about the payment method you used are incorporated into our database. The aforesaid data will exclusively be used to process the selling of the contracted product during the selected period and to send information regarding offers or information that could be of your interest during the term of the contract. You have the possibility to modify at any time the data you have registered with us as a client (address, contact telephone number, e-mail, etc.) or to request a reminder of your password in case you have forgotten it.
After having created your customer account, we hereby inform you that, in accordance with the requirements of article 27 of the Law 34/2002 on services of the information society and e-commerce, the contracting process consists of the following steps:
- In order to initiate the contracting and/or acquisition through the website WWW.HOTELAYA.COM, the user shall select one of the products that are shown on the site.
The user can visualise and control the selected product and/or products by following the purchasing and/or contracting instructions that are displayed on the website. The selected items, the price and the particular conditions are displayed on the webpage.
After having finished the selection of products, the user shall proceed with the payment and/or contracting. At this point, information will be displayed to the user about the selected products, number of requested items, their prices, itemised Value Added Tax (VAT), total purchase price and information regarding the inclusion or non-inclusion of shipping charges. In case that the shipping charges are not included in the final price, the client will be informed about the cost of transport and/or delivery of the selected product and/or products. Likewise, the user/client might apply the discounts it has. At this point the user has the possibility to continue shopping or make the payment and/or contracting.
- In order to make the payment, the user shall be registered on the site. To this end, the client must fill in a form with the data that is required from it. Obligatory fields are marked with an asterisk and include data which is indispensable for the purchase process.
Likewise, by means of selecting the corresponding checkbox, the user may request the reception of newsletters and offers sent by the company HOTEL AYA S.A Moreover, the client can confirm here the delivery address and its invoicing address.
In the following step the details of the delivery are entered. Likewise, an e-mail address has to be introduced.
The Vendor accepts the following payment methods:
OPTION 1 - CREDIT CARD (A-VISA B-MASTERCARD C-AMERICAN EXPRESS)
To complete and finalise the process, the user shall confirm the contracting.
In all cases the user will be informed about the finalisation of the purchase and/or contracting process, being this information shown to it on the contracting platform of the Vendor.
The features of the product that is offered through the website are described on the site as detailed as possible.
V.- PRICES AND AVAILABILITY OF THE PRODUCTS
The prices that apply are the ones that are published for each product on the website WWW.HOTELAYA.COM,, indicated below the products. The prices are shown in Euros (EUR).
Prior to the acceptation of the contracting and/or acquisition operation on side of the purchaser, the following items will be clearly specified: the prices of all the selected and/or contracted products and/or the expenses applicable to the said operation, as well as the promotions or discounts that may be applicable, if it is the case.
The Vendor reserves the right to modify its prices at any time. If there was a modification in the selling price, the products will be invoiced according to the price that was valid at the date of registry of the contract and/or acquisition.
For all payments made to the Vendor, an invoice will be issued to the name of the client/user.
For any additional information regarding the contracted product, the user may send an e-mail request to the following address: CARRETERA ARENAL Nº 60 07600 PALMA DE MALLORCA, BALEARES. This must be indicated in the subject line of the e-mail and the client’s data must be included.
VII.- VALIDITY OF THE OFFER
Offers shall be duly marked on the website. The products offered through the website will be available until any change is made regarding the product, which, in case of implementation, will be announced one week in advance.
VIII.- The Vendor accepts the following payment methods:CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS)
The contracting party is considered a consumer and user and, according to article 68 of the Royal Decree 1/2007, disposes of the right of withdrawal which may be exercised within a period of 14 days. Pursuant to article 71 of the Royal Decree 1/2007 and considering that the purpose of this contract is a service rendering, the 14-days-period to exercise the right of withdrawal shall be counted beginning with the date on which the product was received by the client. In order to exercise its right of withdrawal from the contract, the client may use any of the following means of communication:
a) By telephone, dialling 971260450..
b) By e-mail, sending a message to the following address DIRECCION@HOTELAYA.COM; email@example.com. COST FREE CANCELATION: The Client shall dispose of a period of 5 calendar days for the exercise of its withdrawal right, counted from the reception of the goods or, if the contract was concluded with reference to a service, from the date of formalisation of the purchase. If the client cancels between 4 and 2 days the 100% of the first night will be charged; if the client cancels one day before the arrival the 100% of the booking will be charged.
NON REFUNDABLE RESERVATIONS : Reservations with a discount of 10% in which it is demanded the payment of the total of the invoice at the moment of formalizing the reservation. Cancellation policy: In case of cancellation, modification or if the client does not appear, the client will not be entitled to refund of the amount charged by the hotel at the time of making the reservation.
As a consequence of new economic and/or commercial circumstances that require a change, or due to amendments, changes and enactments of laws, regulations and implementing provisions regarding the rendering of the Service and/or aspects related to it, the company reserves the right to modify or replace the present Contracting Conditions at the expiration of the contract.
The company commits itself to make all possible efforts to maintain an acceptable level of compliance with regard to its contractual obligations.
XIV.- SCOPE OF LIABILITYThe company will not be responsible for problems that may occur due to lack of access or problems inherent to Internet connectivity or electricity networks, whose causes lie outside the control of the company or that could not have been foreseen by the Parties. Likewise, the company will not be responsible for causes that, despite of being foreseeable, could not be avoided although all reasonable efforts were undertaken in this respect, or causes that are considered fortuitous or causes of force majeure.
Fortuitous events and cases of force majeure Pursuant to article 1105 of the Spanish Civil Code, the company will in no case be responsible for delays in the performance of its obligations or failure of their fulfilment if such non-performance arises due to a fortuitous event or an event that constitutes a case of force majeure. If this occurs, it shall be communicated to the other party in the shortest possible timeframe. The agreed delivery terms shall be extended at least with the period corresponding to the actual duration of the situation due to force majeure. If the situation of force majeure lasts more than three (3) months, any of the parties may withdraw from these Contracting Conditions.
XV.- PROTECTION OF INTELLECTUAL PROPERTY
The website WWW.HOTELAYA.COM is the property of HOTEL AYA S.A. The trade mark is duly registered under the name of . Likewise, the company HOTEL AYA S.Ais the owner of the website WWW.HOTELAYA.COM, including, but not limited to its programming, information edition, compilation, designs, logotypes, text and graphs that are protected by national and international regulations regarding intellectual and industrial property. For this reason, the holder of the rights expressly prohibits the partial or whole reproduction or use by third parties (by any physical or electronic means), except as otherwise provided in a written agreement or authorisation in this respect.
The access of this website on part of the user does not grant to the user any property rights in the site. The company HOTEL AYA S.Ashall initiate the corresponding legal actions against any person knowingly performing without authority any of the above described acts.
XVI.- APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed by and interpreted according to the Spanish law, which will be applicable in all matters that are not expressly set forth in this document. The parties submit themselves to the jurisdiction of the Courts and Tribunals of Palma de Mallorca for any matter or action derived from the provision of services of this website, its services and contents, as well as from the interpretation, application, compliance or non-compliance of what is established in the present general conditions.
XVII.- PERSONAL DATA
In compliance with the Organic Law 15/1999 of December 13 on personal data protection (hereafter referred to as LOPD), the company HOTEL AYA S.A, with corporate tax ID number (CIF):A07020118, corporate address: CALLE BARTOLOME CALAFELL, 23 C.P. 07600 PALMA-BALEARIC ISLANDS, SPAIN and e-mail address: DIRECCION@HOTELAYA.COM; firstname.lastname@example.org, informs the users that, in compliance with the provisions of article 5 of the Organic Law 15/1999 of December 13 on personal data protection (LOPD), the company informs you that your personal data will be included in several mixed files named CLIENTS/ACCOUNTING/WEB USERS. The aim of these files is to enable the company the payment and/or contracting and/or order of the acquired products, for banking, accounting and fiscal purposes. The entity responsible for the files is the company HOTEL AYA S.A, with corporate tax ID number (CIF): A07020118, corporate address: CARRETERA ARENAL Nº 60 07600 PALMA DE MALLORCA, BALEARES PALMA-BALEARIC ISLANDS, SPAIN Hereby you authorise the Entity to process and use your credit card data with the purpose of making the payments and the acquisition of the contracted products, as well as making the corresponding orders. This data will be incorporated into a mixed file named CLIENTS/ACCOUNTING/WEB USERS. Likewise, we hereby inform you about your rights to access, rectify, cancel or oppose the treatment of your personal data. This can be done at any time by sending a written notification to the before mentioned address of the company and/or by e-mail to: DIRECCION@HOTELAYA.COM; email@example.com
The collected personal data (gathered by different means such as customer surveys, information requested through forms or proceeding from sources accessible to the public) will be processed, computerised and included into the corresponding files which are duly registered at the Spanish Data Protection Agency. The collection and computerised processing of personal data is carried out with the purpose of maintaining the contractual relationship that may be established with the company HOTEL AYA S.A, as well as with the purpose of carrying out information, marketing and other similar activities, with the specification that marketing activities will always be clearly identified as such. Moreover, in case that the company HOTEL AYA S.A is getting access to personal data whose responsible is the Client, the said company shall be considered as the controller of this data and commits itself to assume its obligations according to the law, especially with regards to its obligations defined in article 12 of the Organic Law on personal data protection in force.
The company HOTEL AYA S.A will process the data it has access to according to the instructions of the Client and will not use the before mentioned data for any purposes other than those provided for in this contract. In the same way, we inform you that the above mentioned data may be transferred to those enterprises linked to the company HOTEL AYA S.A, whose activity comprises the production, distribution or marketing of contents and services related to the field, with the aim of maintaining you informed about any novelty, promotion, contest or launching in relation to the products or services they offer.
The user may, at any time, exercise its rights of access, rectification, cancellation and opposition, as recognised under the Spanish Organic Law on personal data protection (LOPD). This can be done personally by the user, sending a written communication to the following address: HOTEL AYA S.A, corporate tax ID number (CIF): A07020118, corporate address: CARRETERA ARENAL Nº 60 07600 PALMA DE MALLORCA, BALEARES PALMA-BALEARIC ISLANDS, SPAIN
PARTICULAR CONDITIONS OF THE SERVICES OFFERED BY THE HOTEL
The quality and features of the services provided by the hotel are determined by the official hotel category. Based on the applicable legal regulations in force, only single and double rooms are permitted, allowing in some of the double rooms the addition of a third bed, whose utilisation shall be agreed to. In case of installing a third bed, this may only be done with the knowledge and consent of the persons who are accommodated in the same room. This unspoken agreement occurs when customers have been previously notified of this particular circumstance, with the room being displayed as a triple room during the online selection of the booking and specifically regulated in this particular conditions of the general contracting conditions. The same has validity for the use of double rooms with up to four beds and four occupants, if so specified in the offer. This unspoken agreement occurs when customers have been previously notified of this particular circumstance, with the room being displayed as a triple room during the online selection of the booking and specifically regulated in this particular conditions of the general contracting conditions.
The regular check-in and check-out times are fixed depending on the first and the last service used by the client. As a general rule, with the exception of those cases in which something different has expressly been contractually agreed, the rooms may be used from 2 p.m. of the arrival date and have to be left free before noon (12 o’clock) of the departure day.
The accommodation service implies that the room will be available during the corresponding night; for this reason, the accommodation service will be considered as rendered even if the customer, due to circumstances of its trip, arrives at a later time than it was originally foreseen.
The applicable prices for each of our products are the ones which are indicated on the website at the date of order and/or contracting and/or booking, each of them including VAT (Value Added Tax). Offers shall be duly highlighted and identified as such, indicating in a convenient manner the original price and the price and/or percentage of the offer.
The company reserves the right to make, at any time and without prior notice, the changes that it considers appropriate, including the daily update of products and services, in line with market rates.
HOTEL CHECK-INCHECK-IN AND CHECK-OUT: The room will be at the disposal of the client from 2 p.m. of the day of arrival until noon (12 o’clock) of the departure day. If your flight is in the evening, the hotel can keep your luggage and you may remain in the building until de pick-up time.
The facilities and services that are not included in the price shall be paid always directly in the establishment; their publication is for information only. ** ROOMS** All displayed features are based on standard double room occupancy, therefore it is possible that other room types be characterised by different features. Third persons and children who are accommodated in the same room will normally be offered an extra bed or sofa bed or two double beds will be placed in the room.
Double rooms may be equipped with two separate beds or one double bed for two persons, depending on the availability of the hotel.
The company offers the following accommodation schemes: A.D.: Accommodation and breakfast. M.P.: Half-board scheme. Does not include drinks. The prices do not include the drinks that are consumed during the meals, except where stated otherwise. The half-board scheme includes breakfast and dinner and it is not permitted to change the dinner for lunch.
Hereby we inform that if the client requests voluntarily any modification of the contracted services after its arrival to the hotel, it may happen that the prices of the tourist services do not correspond to the prices that were published on the website based on which the contract was concluded. We publish the prices of extra nights in all our establishments. The said price will only be valid in order to extend your stay. Likewise, the price of the extra night will not correspond to the price of your originally contracted departure date, but to the real accommodation period. Hereby we inform that if the client requests voluntarily any modification of the contracted services after its arrival to the hotel, it may happen that the prices of the tourist services do not correspond to the prices that were published in the brochure based on which the contract was concluded. We publish the prices of extra nights in all our establishments.
The said price will only be valid in order to extend your stay. Likewise, the price of the extra night will not correspond to the price of your originally contracted departure date, but to the real accommodation period.
The booking is guaranteed during the whole day of arrival. However, the Company requests that the client informs the hotel and the central office about the foreseen arrival time, in order to facilitate the most efficient preparation of the contracted services.
Rights of the client: All information provided to the client shall be binding for the party offering the service under the terms established by current legislation on consumer protection.
All users of tourist services dispose of the right to obtain services and goods that comply with the legally established requirements and category, as well as that the purchased goods and services be of the same quality as it was contracted, or higher. All commercial establishments must have complaint forms at the disposal of the clients where clients can record their complaints. To lodge a complaint, solicit this form from the director of the hotel or the person in charge, fill it out with your personal data and indicate clearly the reason of your complaint.