1. CLIENT AND PARTICIPANT COMPANIES
These General Terms and Conditions of Contract (hereinafter, ‘the General Terms and Conditions’) regulate the commercial relationship that arises between, on one side, the user or client, and on the other side, the company DERBY HOTELS COLLECTION S.L. (the company providing the tourism service). The full identification details of the participant companies are as follows:
Tourism company: DERBY HOTELS COLLECTION S.L. (hereinafter, ‘DERBY HOTELS’), with registered office at Plaza de las Cortes, 10 (28014 Madrid) and email firstname.lastname@example.org, holder of Tax Id. No. CIF B-61395984, registered in the Company Register of Madrid in Volume 34039, Folio 47, Page no. M-612449, Entry 1.
2. GENERAL TERMS AND CONDITIONS OF THE WEBSITE
The purpose of this document is to establish and regulate the rules of use and safeguarding of information of the website www.hotelbanke.com (hereinafter, ‘the Website’), the term ‘Website’ signifying all of the pages and contents owned by DERBY HOTELS which are accessed through the domain www.hotelbanke.com and its subdomains.
The owner of the Website is DERBY HOTELS COLLECTION S.L.
Through the Website, DERBY HOTELS seeks to provide its clients with information, room reservation and job search services, as well as any other service which at the time is deemed appropriate for properly achieving its corporate purpose.
These general terms and conditions regulate the use of the Website service that DERBY HOTELS makes available to Internet users. By using the Website, you are considered a user of it (hereinafter, ‘the User’), which signifies that you fully and unreservedly accept all of the General Terms and Conditions published by DERBY HOTELS at the very moment you access the Website and should be aware of the importance of reading them every time you visit the Website.
By accessing the Website, the User is agreeing to be bound by the following General Terms and Conditions, which DERBY HOTELS recommends that the User print or download and carefully read every time that he/she accesses it. Furthermore, use of the Service is also subject to all notices, regulations of use and instructions brought to the attention of the User by DERBY HOTELS, which complete the provisions of these General Terms and Conditions, provided that they are not incompatible with them.
2.2 USE OF DERBY HOTELS’S ONLINE RESERVATION SERVICES
2.2.1) Online reservation services.
The purpose of these services is the reservation of rooms in any of the hotels. By using these services, the User is fully and unreservedly accepting all of the General Terms and Conditions contained in the latest published version and their validity.
2.2.2) Terms and conditions of contract: When using the service, the User will receive a confirmation email in which a reservation tracking number will be included. This email serves as proof of reservation and confirmation of acceptance.
2.2.3) Guarantee and cancellation policy: Reservations made through this page will be guaranteed by means of the credit card entered by the User on the form. Failure to appear at check-in or late cancellation (deadline clearly stated on booking terms and conditions) will result in an automatic charge to the credit card of the amount corresponding to one or more nights, as well as the cancellation of the reservation, except in cases where the client has opted for a ‘Non-refundable offer’, in which case, failure to appear at check-in or cancellation after the deadline will result in the total forfeiture of the amount of the stay, which DERBY HOTELS is entitled to keep if it has already been paid, charge to the client’s debit/credit card or claim by any other valid means provided for by the law. To cancel a reservation, you can contact the establishment of destination from Monday to Sunday or send an email to email@example.com.
2.3 USE OF SERVICES
The User undertakes to use all services in accordance with the law, morality, good practice and public order, as well as the provisions of these General Terms and Conditions of Contract. Consequently, the User is required to refrain from using the services for purposes that are illicit and/or contrary to the provisions of these General Terms and Conditions of Contract, that are harmful to the rights and/or interests of third parties or that, in any way, could damage the services, DERBY HOTELS and/or its reputation, or prevent its correct functioning or that of the services it offers or could offer in the future.
2.4 SCOPE OF THE WEBSITE. USER RESPONSIBILITY
Access to the Website is the sole responsibility of the User. Any risks derived from use of the Website shall be the User’s sole and exclusive responsibility. The following are not guaranteed by DERBY HOTELS: Website infallibility, availability, continuity, non-existence of deficiencies and security; Website content or information passing through it that is free from viruses or other harmful elements; security in the use that the User makes of the Website.
DERBY HOTELS shall accept no liability for any loss or damage that may arise from interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operation of this electronic system resulting from causes beyond the control of DERBY HOTELS; delays or lockouts in the use of this electronic system caused by deficiencies or overloads in its Data Processing Centre, telephone lines, Internet system or other electronic systems; or damage that may be caused by third parties as a result of unlawful intrusions beyond the control of DERBY HOTELS.
Mere access to the Website does not imply any commercial relationship between DERBY HOTELS and the User.
2.5 WEBSITE CONTENTS
DERBY HOTELS reserves the right to prevent or prohibit access to the Website to any Internet user who introduces any contents that are contrary to the law or immoral and to institute any legal action that it deems appropriate to prevent this type of behaviour.
2.6 CORRECT USE OF WEBSITE CONTENTS
All of the Website’s contents, including, but not limited to, text, graphics, logos, icons, images, audio clips, data and software collections and their compiling (intellectual property content) are the property of DERBY HOTELS or our sponsors, partners and licensors, and are protected by intellectual property law.
DERBY HOTELS declares that the intellectual property rights (trademarks, trade names, etc.) that appear on the Website are owned by it and/or are legitimately protected by existing intellectual property legislation.
The User undertakes to use the Website diligently, correctly and lawfully and, in particular, undertakes to refrain from:
a) Deleting, circumventing or manipulating any copyright, trademark or other information that identifies the rights of DERBY HOTELS or other rights holders incorporated into the contents of and/or products marketed through the Website, including technical protection devices, digital fingerprints and any information mechanisms that may contain them.
b) Using any of the contents, in particular information about DERBY HOTELS obtained from the Website, to send publicity, communications for the purpose of direct sale or, for any other kind of commercial purpose, unsolicited messages addressed to a number of persons.
c) Reproducing or copying, distributing, allowing access to the public through any form of public communication, changing or modifying the contents, unless authorised by the holder of the corresponding rights or it is legally permissible to do so.
d) In general, using the contents for purposes that are contrary to the law, morality, generally accepted good practice or public order.
DERBY HOTELS grants no licence or permission of any kind over its intellectual property rights or any other property or right related to the Website.
2.7 INTELLECTUAL PROPERTY
The intellectual property rights over the work contained in the Website belong exclusively to DERBY HOTELS, unless different ownership is indicated. Any unauthorised reproduction, distribution, marketing or modification of such work constitutes an infringement of the intellectual property rights of DERBY HOTELS, or other rights holder, and may result in the instituting of any judicial or extrajudicial action to which it may be entitled in the exercising of such rights.
Furthermore, information that the User may access through the Website may be protected by intellectual or other rights. DERBY HOTELS shall under no circumstances accept liability for any infringements of such rights committed by the User.
2.8 APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions shall be governed by Spanish law, which shall also be applicable for any eventualities that are not provided for in terms of interpretation, validity and execution.
DERBY HOTELS and the User, expressly waiving any other jurisdiction, agree to be subject to the Courts of the city of Barcelona for the resolution of any disputes that may arise from the existence, interpretation or application of the General Terms and Conditions, except for cases in which the User has the status of a consumer or user in accordance with applicable laws and this clause shall not apply.
3. RESERVATION REQUIREMENTS AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF RESERVATION
Reservations through the Website can only be made by persons of legal age and with full natural capacity to act. By making a reservation through the Website, you are expressly and unreservedly accepting these General Terms and Conditions, as well as the General Terms and Conditions of Use of the Website, which can be downloaded from the ‘General Terms and Conditions’ section of the Website, located at the bottom of the screen.
These General Terms and Conditions are subject to the provisions of Law 7/1998 of 13 April, concerning General Terms and Conditions of Contract (Official State Gazette - BOE 14/04/1998); Organic Law 15/1999 of 13 December, concerning the Protection of Personal Data (Official State Gazette - BOE 14/12/1999); Law 34/2002 of 11 July, concerning Information Society and Electronic Commerce Services (Official State Gazette - BOE 12/07/2002); Royal Legislative Decree 1/2007 of 16 November, Consolidated Text of the Consumers and Users Act (Official State Gazette - BOE 30/11/2007); the Tourism Act of Catalonia 13/2002 of 21 June (Official Gazette of the Government of Catalonia - DOGC 03/07/2002); Decree 159/2012 of the Government of Catalonia’s Department of Enterprise and Employment (Official Gazette of the Government of Catalonia - DOGC 5/12/2002); and the Consumer Code of Catalonia, Law 22/2010 of 20 July of the Parliament of Catalonia (Official Gazette of the Government of Catalonia - DOGC 23/07/2010 and 13/08/2010), as well as any other applicable legislation and regulations.
DERBY HOTELS reserves the right to make any amendments that it deems appropriate to these General Terms and Conditions without prior notice. These amendments may be made through the company’s websites and shall be legally binding to all for the duration of their publication on the Website, except to clients who made reservations under the terms of the previous general terms and conditions, which shall remain applicable to them. DERBY HOTELS also reserves the right to apply, in certain cases, when it deems it appropriate, Special Terms and Conditions of Contract which shall take precedence over these General Terms and Conditions and shall be announced in a timely and appropriate manner.
4. PRE-CONTRACT INFORMATION
Through the Website, you can make a reservation for tourist accommodation in the advertised hotels, apartments and houses. The reservation of accommodation is a contract which is signed electronically and generates certain rights and obligations for both the tourism establishment and you. The reservation and accommodation contract are subject to Spanish law and Catalonian regional legislation, as described in Section 3 above.
DERBY HOTELS informs you that the reservation procedure through its web pages is detailed in the General Terms and Conditions of Use of the Website, which can be downloaded from the ‘General Terms and Conditions’ section of the Website, located at the bottom of the screen.
By making a reservation with DERBY HOTELS through its website, users or clients expressly declare their knowledge, understanding and acceptance of the general terms and conditions of use and reservation. Furthermore, users declare that they are of legal age and have the necessary legal capacity to access the websites of DERBY HOTELS and enter into a contract through them. The user accepts responsibility for confidentially and responsibly safeguarding his/her identity and (where applicable) the password obtained when registering as a client, and not disclosing them to third parties.
PAYMENT OF THE RESERVATION: In the case of an apartment reservation designated as a ‘Non-refundable offer’, the full amount will be charged to the bank card indicated within 48 hours of the reservation. In the case of other offers, payment for the entire stay will be made on the day of arrival.
CONFIRMATION OF THE RESERVATION: Once the reservation is made, the user will see the reservation confirmation on screen and can print it off as proof. The user will also be sent an email within 24 hours confirming the reservation.
CONFORMITY OF THE ACCOMMODATION: DERBY HOTELS guarantees that its accommodations conform with the descriptions provided on this website. The photographs that appear on the website shown the current state of several accommodations belonging to the same establishment. The reserved accommodation may not exactly match the photographs, but it will be of the same style, as per the description on the website, and feature similar furniture.
CANCELLATION OF THE RESERVATION: The ability to cancel depends on the type of reservation offer selected:
1) NON-REFUNDABLE OFFERS: If the reservation via the website is designated as a ‘Non-refundable offer’, cancellation will result in the total forfeiture of the amount of the stay, which DERBY HOTELS is entitled to keep if it has already been paid, charge to the client’s debit/credit card or claim by any other valid means provided for by the law.
2) OTHER OFFERS: In the case of a reservation via the website not designated as a ‘Non-refundable offer’, the client can cancel without penalty, provided that the cancellation is made before the deadline clearly stated on booking terms and conditions. Once the stay has begun, any remaining days of the reservation can be cancelled, provided the same notice before stated; otherwise, the amount corresponding to the day cancelled without sufficient notice will be charged.
Failure to appear at check-in or late cancellation will result in an automatic charge to the bank card of the amount corresponding to one or more nights, as well as the cancellation of the reservation.
CANCELLING THE REMAINDER OF THE STAY: Once the stay has begun, the client is permitted to cancel any remaining days of the reservation under the same terms provided for in the Cancellation of the Reservation section above. In cases of cancelling the remainder of a stay designated as a ‘Non-refundable offer’, no refund will be given from the total amount of the stay.
NO RIGHT OF WITHDRAWAL: In accordance with Article 103(i) of the Consumers/Users Act (RDL 1/2007), the consumer/user’s right of withdrawal from this contract is not applicable.
LANGUAGE OF THIS DOCUMENT AND THE CONTRACT: This document has been downloaded in the language detected on your Internet browsing program. If you wish to view it in another language (Spanish, Catalan, English, French, German or Italian), you can change the website language by going to the box at the top right of the screen.
OFFICIAL COMPLAINTS FORMS: Available to the client at all establishments are official complaints forms.
APPLICABLE LEGISLATION: The reservation and subsequent stay shall be governed by Spanish legislation in force in Catalonia. See Section 3 of this document for detailed reference to this legislation.
JURISDICTION: Except for cases in which the client has the status of a consumer/user (in accordance with applicable legislation), both the client and DERBY HOTELS, in arranging the reservation of accommodation, formally waive any other jurisdiction that may apply to them and agree to be subject to the Courts of the city of Barcelona for the resolution of any doubt or discrepancy that may arise from the existence, application or interpretation of these General Terms and Conditions and resulting contract.