General Conditions
All rights and obligations deriving from the Data Protection Clause, the Legal Notice and this list of General Contractual Conditions are considered as a single, inseparable body and therefore Users are recommended and required to read their contents carefully before pressing the button to accept them.
SERVICIOS TECNOLÓGICOS HOTELENCO, S.L. (hereinafter referred to as HOTELPLEASE) allows the User to use this website provided that the User accepts, without amendments, the General Conditions stated herein and the Conditions established in the Legal Notice and in the Data Protection Clause. If the User does not accept these, he will have no right to use the website.
Likewise, the User declares that he is legally of age in accordance with Spanish law and has sufficient legal capacity to be bound by this agreement and to use this website in accordance with the General Conditions listed herein and that he understands and accepts their full contents. In case of any doubt, before making a booking please contact our Customer Service Department Call Centre (900.176.176), where you will receive information on the available booking options, cancellations, changes to the various travel packages and possible discounts and special offers.
GENERAL CONDITIONS
The User has access through this website to information on third-party products and services relating to travel and tourism and, in certain cases, the User may make bookings and purchases from some of these products or the relevant suppliers or organisers of package travel.
Bookings or purchases by the User of products or services from those suppliers or organisers of package travel chosen by the User will be subject to the specific terms and conditions established in each case by those suppliers or organisers of package travel. Likewise, tickets issued to the User will contain important notices including, among others, information for international passengers regarding limitations of liability and notices on limitations of liability relating to luggage. The User agrees to accept and respect the terms and conditions for purchase established by any supplier or organiser with which the User chooses to enter into an agreement, including but not limited to payment of any amounts accrued and fulfilment of any rules and restrictions with regard to the availability of tariffs, products or services. In the case of special rules and restrictions affecting certain tariffs, products or services selected by the User, the User will be informed of those special rules or restrictions on-screen before making the booking.
For the purposes of these General Conditions, the programme/brochure is the information document in which they are included. The programme/offer is the description of the package travel contained in the programme/brochure that constitutes the subject-matter of the package travel agreement. The information on the programme/offer contained in the programme/brochure is binding on the organiser or retailer, unless any of the following circumstances apply.
a) If consumer has been clearly notified in writing of changes in that information before making the agreement and that possibility has been expressly mentioned in the programme or offer.
b) If subsequent amendments occur, subject to agreement in writing between the parties.
1. Legal regulations applicable to the package travel agreement and acceptance of the General Conditions.
These General Conditions are subject to the provisions contained in Law 21/1995, of 6 July, on Package Travel (Official State Gazette 7/7/1995), Law 7/1998, of 13 April, on General Contractual Conditions (14/4/98) and in General Law 26/1984, of 19 July, on Protection of Consumers and Users (Official State Gazette 24/7/84) and other current legal provisions. These General Conditions will be included, signed by the parties, in all package travel agreements relating to the programmes/offers contained in the programme/brochure and are binding on the parties with the particular conditions contained in the agreement or stated in the documentation for the travel supplied simultaneously with the signing of the agreement.
2. Organisation
HOTELPLEASE, registered trademark, owned by SERVICIOS TECNOLÓGICOS HOTELENCO, S.L. (hereinafter referred to as HOTELPLEASE), a retail travel agency with headquarters in Madrid (Spain), holder of CICMA licence no. 1118 and Tax Identification Code (C.I.F.) B-82584129, is responsible for the technical organisation of this programme.
3. Price
3.1. The price of the Package Travel includes:
- Return transport, when this service is included in the programme/offer booked, with the type, characteristics and category of transport stated in the agreement or in the documentation supplied to the consumer when signing the agreement.
- Accommodation, when this service is agreed in the programme/offer booked, at the establishment and with the board stated in the agreement or in the documentation supplied to the consumer when signing the agreement.
- Charges or taxes for hotel establishments and indirect taxes Value Added Tax (VAT), General Indirect Tax in the Canary Islands (I.G.I.C.), etc. whenever applicable, except for the ECOTASA in the Balearic Islands.
- Technical assistance during the travel, when this service is specifically included in the programme/offer booked.
- All other services and supplements specified in the programme/offer booked or that are expressly stated in the package travel agreement.
3.2.
Price revisions
The price of the package travel has been calculated on the basis of currency exchange rates, transport tariffs, fuel costs and charges and taxes applicable on the date of publication of the programme/brochure or that may have been subsequently published in printed form. Any change in the price of the above items may give rise to a revision of the final cost of the travel, either upwards or downwards, strictly by the amount of the aforesaid price changes. The consumer will be notified of these changes in writing or by any means that allows confirmation of the notification and the consumer may, when the change in question is substantial, withdraw from the travel without any penalty whatsoever or accept the amendment to the agreement. Under no circumstances will prices be revised upwards in the twenty days prior to the departure date with regard to bookings already made.
3.3.
Special offers
When package travel is booked as a result of special offers, last-minute offers or equivalent at a price other than that stated in the programme/brochure, the price will include only the services specified in detail in the offer even though that offer may refer to one of the programmes described on this site, provided that any such reference is made for the sole purpose of general information on the destination.
3.4.
Exclusions
3.4.1.
The price of the Package Travel does not include:
Visas, airport taxes and/or entry and exit charges, vaccination certificates, "extras" such as coffee, wine, liqueurs, mineral water, special diets not even in cases of full or half board, unless otherwise specified in the agreement , washing and ironing of clothes, optional hotel services and, in general, any other service not expressly listed in the section entitled "The price of the Package Travel includes" or not specified in detail in the programme/offer, in the agreement or in the documentation supplied to the consumer when signing the agreement.
3.4.2.
Optional excursions or visits
In the case of optional excursions or visits not reserved as part of the original booking, Users should bear in mind that these do not form part of the package travel agreement. Their publication on the site is merely for information purposes and the price is described as "estimated". For that reason, when booking the services at the destination, there may be variations in their costs which mean a change in the estimated price. Furthermore, these excursions are offered independently to the consumer subject to their specific conditions and at their final price and their availability is not guaranteed until the moment when they are booked.
3.4.3.
Gratuities
Gratuities are not included in the price of package travel. In the case of cruises, the price of the voyage does not include a supplementary payment that is usually, albeit incorrectly, known as a gratuity. The amount of this payment is proportional to the duration of the voyage and is paid solely to service personnel. Clients are notified at the beginning of the voyage that they must assume the commitment to pay this amount at the end of the voyage.
4.
Bookings
Bookings may be made by the following means: on-line 24 hours a day through the website or by phoning the Customer Service Department on
900.176.176. When you have correctly entered your details and made your booking, our system will take you to a booking confirmation page which provides a localizador [booking number]. You will then receive an e-mail message at the address you supplied to us informing you of the purchase made and itemising the price. The client must carefully check that the details are correct and contact
HOTELPLEASE in the case of any error by phoning 900 176 176 or sending an e-mail to the following address:
reservas@hotelplease.com.
5.
Introduction Document
Attached to the confirmation of the booking is an introduction BONOMAIL® that the User of the services must give the supplier of the services.
6.
Payment method
Registrations and refunds. Payment for the booking must be made by credit or debit card or bank transfer, as appropriate. For your security,
HOTELPLEASE reserves the right to request additional information and/or documentation from the client in order to verify the details supplied. The act of requesting a booking implies a commitment on the part of the User to authorise the charge on the credit card that he or she supplies. If the card cannot be charged,
HOTELPLEASE will contact the client to obtain the correct number or, failing that, details of another card. If
HOTELPLEASE is unable to contact the client, it reserves the right to cancel the booking.
7.
Withdrawal by the consumer, assignment and cancellation of the travel
The User or consumer may withdraw from the services requested or booked at any time with the right to a refund of any amounts paid. However, the User or consumer must compensate
HOTELPLEASE for the following items:
a) In the case of services not part of a package: All management costs, plus cancellation costs if any have been incurred. If the client fails to use the services without cancelling them or notifying
HOTELPLEASE,
HOTELPLEASE is entitled to invoice any costs generated by the booking.
b) In the case of package travel, unless the client withdraws for reasons of force majeure:
- Management costs plus cancellation costs, if any.
- A penalty consisting of 5% of the total payment for the travel package if the client withdraws between ten and fifteen days prior to the departure date; 15% between days 3 and 10; and 25% within forty-eight hours prior to departure.
If the client fails to appear at the set departure time, he will have no right to any refund whatsoever of any amounts paid, unless otherwise agreed by the parties. If any of these services booked and cancelled were subject to special financial conditions for booking, such as chartering of aircraft or vessels, special tariffs, etc., cancellation costs due to withdrawal will be established as per the conditions agreed by both parties.
Pursuant to the provisions contained in the preceding paragraph, since these travel packages contain services subject to special financial conditions, the cancellation costs for withdrawal will consist of the total amount of the airline ticket, if any has been issued.
The consumer of the package travel may assign his booking to a third party by requesting such assignment in writing fifteen days prior to the departure date, unless the parties state a shorter term in the agreement. The assignee must meet the same general requirements for package travel as the assignor and they will be jointly and severally liable vis-à-vis HOTELPLEASE for payment of the price of the travel and the additional duly justified costs of the assignment.
In cases in which the Organiser makes the availability of the offer of package travel conditional on a minimum number of participants, specifically stating that this is the case, and the travel is cancelled because that number is not achieved, the User will only have the right to a refund of the full price or any amounts paid in advance and may not claim any amount whatsoever in respect of compensation, provided that HOTELPLEASE has notified the client in writing a minimum of ten days in advance of the planned departure date.
8.
Changes
If the need arises for any change to any of the services booked, including the price,
HOTELPLEASE must immediately inform the consumer either directly, when it also acts as a retailer, or through the respective retailer in other cases. In that event, unless the parties agree otherwise, the consumer may choose between terminating the agreement without any penalty whatsoever or accepting an amendment to the agreement which specifies the changes made and their effect on the price. The consumer must notify the retailer or, as appropriate, the organiser of his decision within three days from receiving notice of the change referred to in section a). If the consumer fails to notify his decision in the aforesaid terms, he will be considered to have chosen termination of the agreement without any penalty whatsoever. If, after departure,
HOTELPLEASE fails to supply or finds itself unable to supply a significant part of the services contemplated in the agreement, it will adopt suitable solutions to allow the package travel to continue, without any price supplement whatsoever being payable by the consumer and, as appropriate,
HOTELPLEASE will pay the consumer the difference between the services contemplated in the agreement and those actually supplied, provided that the consumer duly fulfils his obligation to notify
HOTELPLEASE immediately of any possible defects that he observes. If the consumer continues with the travel with the solutions adopted by the Organiser, he will be considered to have tacitly accepted the said proposals.
9.
The consumer's obligation to notify any default in the performance of the agreement
The consumer is obliged to give notice of any default in the performance of the agreement preferably "in situ" or otherwise as soon as possible in writing or in any other verifiable form to the organiser or the retailer and, as appropriate, the party providing the service in question. If the solutions chosen by the Agency the Organiser or the Retailer are not acceptable to the consumer, the consumer will have a term of one month to file a complaint with the retail agency or the organiser, always through the retail agency. The retail agency or the organiser will respond to the complaint filed by the client as soon as possible.
10.
Expiry of actions
Notwithstanding the provisions contained in the preceding section, the term for expiry of actions deriving from the rights granted in Law 21/95, of 6 July, governing Package Travel (Official State Gazette 7/7/95) will be two years, as established in article 13 of that Law.
11.
Liability
11.1.
General
The Organising Travel Agency and the Retail Agency, which is the final seller of the package travel, will be liable vis-à-vis the consumer, according to the obligations deriving from the scope of their respective management of the package travel, for the correct fulfilment of the obligations deriving from the agreement, regardless of whether they themselves must fulfil those obligations or whether the obligations must be fulfilled by other service providers, without prejudice to the Organisers and Retailers right to bring action against those service providers. The Organiser states that it assumes the duties of organisation and implementation of the travel.
The Organisers and Retailers of package travel will be liable for any damage suffered by the consumer as a result of failure to perform or defective performance of the agreement. That liability will cease when any of the following circumstances apply:
- The defects observed in the performance of the agreement are attributable to the consumer.
- The said defects are attributable to a third party outside of the supply of the services contemplated in the agreement and are of an unforeseeable or insurmountable nature.
- The said defects are due to reasons of force majeure, such being considered to mean abnormal or unforeseeable circumstances beyond the control of the person invoking force majeure whose consequences could not have been avoided despite the fact that the said person has acted with due diligence.
- The defects are due to an event that the Retailer or, as appropriate, the Organiser, despite having acted with all due diligence, could neither prevent nor overcome. Nevertheless, in cases of exclusion of liability due to the applicability of any of the circumstances provided in sections 2, 3 and 4, the Organiser and the Retailer who are parties to the package travel agreement will be obliged to give any necessary assistance to any consumer who finds himself in difficulties.
11.2.
Limits to compensation for damage
With regard to the limit to compensation for damage resulting from default or defective performance of the services included in the package travel, the provisions contained in International Conventions on these matters will be observed.
12.
Exclusions of the Package Travel services
12.1
Air travel
Appearance at the airport
For air travel, passengers must be at the airport a minimum of one and a half hours before the official departure time and, in any case, the specific recommendations stated on the travel documents supplied when signing the agreement must be strictly observed. For services that do not form part of a package, it is recommended that the client confirm flight departure times forty-eight hours in advance.
The relevant administrative authorities will inform you of the specific formalities necessary for the flight (passport, visa, vaccinations...). Compliance with these formalities is your responsibility. You will have no right to any refund if you are not allowed to embark due to failure to present the required documents (passport, visa, vaccination certificate...).
12.2.
Hotels
12.2.1.
General
The quality and contents of the services provided by the hotel will be determined by the official tourist category, if any, allocated by the relevant body in the country in question. In view of current legislation on this matter, which establishes only the existence of single and double rooms, allowing a third bed to be installed in some double rooms, it is always considered that the third bed is used with the knowledge and consent of the people occupying the room. This tacit consideration derives from the actual circumstance of their having being previously advised and the room being described as a triple room on all booking forms supplied to the consumer when paying the deposit, in the agreement and on the travel tickets and/or documentation supplied simultaneously with the signing of the agreement. The same will apply in cases of double rooms for use by up to four people, with four beds, when such is specified in the offer in the programme/brochure.
The usual times for checking in and out of hotels is according to the first and last service that the User will use. As a general rule and unless expressly stated otherwise in the agreement, rooms may be used from 1 pm on the day of arrival and must be vacated by 12 noon on the day of departure.
When the service booked does not include permanent accompaniment by a guide and the User expects to arrive at the hotel or apartment on a date or at a time other than the agreed date or time, it is advisable, in order to avoid problems and misunderstandings, to notify the organising agency or the hotel or apartments directly, as appropriate, as far in advance as possible.
When the service booked does not include permanent accompaniment by a guide and the User expects to arrive at the hotel or apartment on a date or at a time other than the agreed date or time, it is advisable, in order to avoid problems and misunderstandings, to notify the organising agency or the hotel or apartments directly, as appropriate, as far in advance as possible.
The accommodation service implies that the room is available on the night in question and the service is considered as having been provided regardless of whether check-in to the accommodation takes place later than originally planned, due to circumstances associated with the package travel itself.
12.2.2.
Other Services
For flights arriving at their destination after 12 noon, the first service provided by the hotel will be dinner when this is included in the offer in the programme/brochure. Likewise, for flights arriving after 7 pm, the first service provided by the hotel will be accommodation. Flights whose document consists of only one ticket will always be considered as direct flights, regardless of whether the flight makes any technical stopover.
12.2.3.
Supplementary Services
When "Users" request supplementary services (for example a room with a view of the sea, etc.) that cannot be finally confirmed by the Organising Agency, the User may choose to withdraw the request for the supplementary service or continue with the request and wait to verify whether the services can finally be provided. If the parties have agreed payment in advance for supplementary services that finally cannot be provided, any amount paid will be refunded by the retail agency immediately when the consumer withdraws the request for the service or on the consumer's return, according to whether the User has chosen to withdraw the request for the supplementary service or has continued with the request.
12.3.
Apartments
When making the booking, the client is fully and solely liable for correctly declaring the number of people who are to occupy the apartments, not omitting any children regardless of their age. You are warned that the management of the apartments may legally refuse to allow entry to any undeclared person and there is no right to any claim whatsoever for that reason. As a general rule and unless otherwise expressly stated in the agreement, the usual times for checking in and out of apartments will be 5 pm on the day of arrival and the apartments must be vacated by 10 am on the day of departure.
In some cases it is possible to provide additional beds or cradles. These must be requested by clients before making the agreement and, unless expressly stated otherwise, will not be included in the published price of the apartment.
12.4.
Special financial conditions for children
In view of the differences in treatment of children according to their age, the service provider and the date of the travel, we recommend that you should always consult the scope of the existing special conditions. Specific detailed information on these conditions at any given time will be provided in the agreement or in the documentation for the travel supplied when the agreement is signed. In general, as far as accommodation is concerned, these conditions will apply provided that the child shares the room with two adults.
With regard to overseas visits by minors, the information supplied for each particular case at any given time and any provisions contained in the agreement or in the documentation for the travel supplied when signing the agreement will apply.
13.
Passport, visas and documentation
All "Users", without exception (including children), must have the appropriate relevant personal and family documents in order, whether this is a passport or a national identity document, according to the laws of the country or countries visited. Users will be responsible for obtaining visas, passports, vaccination certificates, etc. when the travel so requires. If any User is refused a visa by any authority for private reasons pertaining to the User or if a User is refused entry to a country due to failure to meet the appropriate requirements or due to any defect in the required documentation or because the User is not carrying that documentation, the Organising Agency refuses to assume any liability for events of that type and any cost thus accrued is payable by the consumer. The conditions and rules established for voluntary withdrawal from services will apply in these circumstances. All "Users" and in particular those who are not of Spanish nationality are reminded that they must ensure, prior to departure, that they have fulfilled all the applicable rules and requirements in terms of visas for entry without problems to all the countries to be visited. Persons under the age of 18 must carry written permission signed by their parents or guardians in case this is requested by any authority.
14.
Information that the Retail Agency must supply to consumers
Consumers are informed that when they make the agreement the Retail Agency must supply them with the relevant information on the specific documentation necessary for the travel chosen, along with advice on voluntary insurance covering cancellation costs and/or medical insurance covering repatriation costs in the event of accident, illness or decease; and information on probable risks associated with the destination and the travel booked, in fulfilment of the General Law on Protection of Consumers and Users.
15.
Luggage
For all purposes and as far as land transport is concerned, it will be considered that the User carries all luggage and other personal effects with him, regardless of where they are loaded on the vehicle, and that they are transported at the User's own risk. The Organising Agency will have no obligation to assume liability for loss, robbery or damage that the User's luggage may suffer during the travel for any reason, including handling during hotel to airport transfers or vice-versa, whenever appropriate. It is recommended that Users be present at all times when their luggage is being loaded or unloaded. As far as air, sea or river transport of luggage is concerned, the carriers conditions apply and the travel ticket is the only binding contract between the said carriers and the passenger. In the event of any loss or damage, the appropriate claim must be submitted to the carrier in the act.
16.
Notes
The descriptions of the services for each establishment have been supplied by the establishments themselves during the contract period (January/December 2007) and therefore their characteristics may be subject to change.
Photographs of people, landscapes, hotels, apartments, etc. shown on the site were taken or supplied by external providers and are included merely as a guide and therefore the Organising Agency assumes no liability if the client does not find identical situations during his stay.
Board: Full Board will include breakfast, lunch and dinner. Dinner will be the first service provided by the hotel and the last service will be lunch on the day of departure, provided that the client arrives at the hotel before the dining-room closes. Half Board will include breakfast and dinner, though dinner may be exchanged for lunch, provided that such is authorised by the establishment.
Interruption of stay: If the client checks out of the establishment before the agreed departure date, the Organising Agency assumes no obligation to give any refund whatsoever, unless a claim is submitted in writing, attaching thereto an original document from the establishment authorising the refund of the cancelled stay.