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Hotel Ruta de Europa
This contractual document will govern the contracting of accommodation reservations through the website [[Web]], owned by EXPLOTACIONES SUBIJANA DE ÁLAVA, S.A, under the trademark of HOTEL RUTA DE EUROPA, hereinafter, PROVIDER, whose contact details are also contained in the Legal Notice of this Website.
These Conditions will remain published on the website at the USER's disposal to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER: Has read, understands and understands the above. He is a person with sufficient capacity to hire. Assumes all obligations set forth herein. These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website. The PROVIDER informs that el comercio is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the accommodation reservation service contracted by the USER is EXPLOTACIONES SUBIJANA DE ÁLAVA, S.A, with registered office at C /PEDRO ASUA 59 BAJO, 01008 VITORIA (ÁLAVA), NIF A01104157 and with customer / USER service telephone 945 36 14 16.
And on the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to HOTEL RUTA DE EUROPA.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the moment when the LATTER accepts, during the online contracting process, the rental of real estate for temporary accommodation. The contractual relationship of booking accommodation entails the rental of the chosen property, for a while limited, in exchange for a certain price and publicly displayed through the website. The extra services must be contracted at the time of booking.
Recruitment procedure
The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (Ubr>
E) 2016/679, of April 27 (GDPR), and Organic Law 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and the Privacy Policy of this website. The USER will select a username and a password, committing to make diligent use of them and not to make them available to third parties, as well as to inform HOTEL RUTA DE EUROPA of the loss or theft of them or of possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society and Electronic Commerce Services (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Claims and dispute resolution online.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and term of validity of the offer.
9. Transportation expenses.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Disassociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, the making of a reservation to the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will inform the USER in advance about the procedure to be followed to make the reservation of the trip.
The automatic availability and price calculation system allows the USER to choose the apartment or house that interests him and immediately make the online payment of 40% of the rental price or, failing that, he can make a bank transfer within a maximum period of 48 hours.
The PROVIDER will not book the accommodation until he has verified that the payment has been made. Once the payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.
Bonds
HOTEL RUTA DE EUROPA has three types of deposit ranging from 200€ to 500€. In case the tenants are a group of young people, they must pay € 50 per person with a minimum of € 250.
The payment of the deposit will be made in cash at the time of accessing the accommodation. Upon departure from the accommodation, after inspection of the same, it will also be returned in cash.
In the event that there are any damages to the accommodation, they will be deducted from said deposit.
Failure to perform the distance contract
In case of not being able to execute the contract because the accommodation is not available within the expected period of 30 days, the USER will be informed of the lack of availability and that he will be entitled to cancel the reservation and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER regarding the refund of the total amount, the USER may claim to be paid twice the amount owed, without prejudice to his right to be compensated for the damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the activation of the service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
3. CANCELLATIONS (right of withdrawal)
Withdrawal form: https://hotelrutadeeuropa.com/formulario-solicitud-desistimiento.pdf The USER has the same rights and deadlines to proceed with the cancellation and / or claim for possible defects or defects that the reservation presents, both online and offline.
Any cancellation must be communicated to the PROVIDER, requesting a refund number using the form enabled for it, or by email to hotelrutadeeuropa@telefonica.net , indicating the corresponding invoice or reservation number. In case of refund of the amount, the USER could be penalized for the following concepts: - If the reservation is canceled before the 30 days prior to the arrival date, the PROVIDER will refund the client 50% of his reservation.
- If the reservation is canceled after 30 days prior to the arrival date, the total amount of the reservation (100%) will not be refunded.
4. CLAIMS AND DISPUTE RESOLUTION ONLINE
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses: HOTEL RUTA DE EUROPA
C/PEDRO ASUA 59 BAJO , 01008 VITORIA (ÁLAVA)
Phone: 945 36 14 16
E-mail: hotelrutadeeuropa@telefonica.net
If during the rental period there is a breakdown in the facilities or electrical appliances, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. In the case of not having availability of accommodation, the PROVIDER will refund the total amount delivered.
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and HOTEL RUTA DE EUROPA, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr /
5. FORCE MAJEURE
The parties will not incur liability for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure. COVID-19: If due to mobility restrictions or another reason related to the rules consolidated in the COVID-19 code the USER cannot move to the reserved accommodation, he will have the possibility to use his reservation until the or a new date proposed by the PROVIDER.
6. COMPETITION
The USER may not assign, transfer or transmit the contracted rights, responsibilities and obligations.
If any provision of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way. The USER declares to have read, known and accepted these General Conditions in all their extension.
7. OVERVIEW OF THE OFFER
The details of each reservation, such as accommodation and meal plan, are informed to the USER in their respective description on the website.
All sales and deliveries made by HOTEL RUTA DE EUROPA will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of HOTEL RUTA DE EUROPA or stipulated herein will have effect, unless express agreement in writing signed by HOTEL RUTA DE EUROPA, in this case, these particular agreements will prevail. Given the continuous technical advances and improvements of the products, HOTEL RUTA DE EUROPA reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of providing the services offered is affected. Entrances and exits The entrances and exits of the accommodations are on Saturdays. Tickets: The key collection time is from 17:00 to 20:00 at our offices at C / PEDRO ASUA 59 BAJO, 01008 VITORIA (ÁLAVA). Accommodation will not be available before 17:00. If you arrive earlier, you can call by phone and leave the luggage at the agency. For arrivals from 20:30 and until 24:00, there will be an additional cost of €70.00. We do not accept arrivals later than 24:00; these will be left for 8:00 am the next day. Upon arrival at the agency and in accordance with current legislation, the USER must hand over the booking form and all the occupants of the accommodation will be identified. Then, the USER will sign a rental agreement and pay the remaining 60% of the rent plus € 20.00 management fees and the Tourist tax of € 0.50 per day of stay and person over 16 years of age, with a maximum of 7 days. (Law 5/2012 of 20/3/12. D.O.G.C. No. 6094 of 23/03/12) and the deposit. You can pay by credit card or cash. The deposit will always be in cash. The accommodation is delivered clean and with all utensils and kitchenware. Bath towels and sheets per person are included in the rental price. Departures: The departure time of the accommodations is from 8:00 to 10:00. A person from the agency will arrive at the accommodation at the agreed time to check the condition of the apartment, collect the keys and return your deposit. At the agreed time of departure from the accommodation, the tenants must be prepared and with their bags packed and the apartment collected and cleaned. Extra services If the USER is interested in hiring an extra service, he must do so at the time of making the reservation: Cleaning 1 bedroom accommodation: 50,00 €
2 bedroom accommodation: 60,00 €
3 bedroom accommodation: 70,00 €
4 bedroom accommodation 80,00 € Private house (semi-detached) 110,00 € Detached villa 160,00 €
Crib
The rent of the cot is 60,00 €.
Baby chair
The rental of the baby chair is 45,00 €
Folding bed
The extra bed rental is 70,00 €
There are accommodations where pets are allowed, for authorization you must inform HOTEL RUTA DE EUROPA at the time of booking. Responsibilities of the Client
- The USER undertakes to respect the regulations of the Community. During the rest hours from 22:00 to 9:00, it is not allowed to use the accommodations for holiday celebrations purposes, nor to make noise. In no case is it allowed to occupy the accommodation by more people than those established in its maximum capacity. - The use of electricity and water should be rational.
- It is forbidden to hang towels and clothes on the balcony railings.
- The swimming pool schedule is set by each Community and in general it is from 10:00 to 21:00. It is forbidden to nail objects such as parasols, awnings, etc. on the lawn, as well as to use inflatable mattresses inside the pool.
- Children must always be accompanied by their parents and under their responsibility.
- The USER is responsible for the correct behavior of all his booking companions, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.
- Neither HOTEL RUTA DE EUROPA, nor the owner will be responsible for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including without limitation: damage, loss after fire, theft, crime, accidents or other types of damage.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services and annexes to the purchased service. The prices applicable to each property are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily until the reservation is made. Any payment made to HOTEL RUTA DE EUROPA entails the issuance of an invoice subject to consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that he/she has informed at the time of placing the order. This invoice will be delivered to the USER when the rental ends and the payment of the contracted services is made. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER puts at your disposal, informing you that at any time you may revoke said decision. For any information about the reservation, the USER may contact through the customer service phone of HOTEL RUTA DE EUROPA 945 36 14 16 or via email to the address hotelrutadeeuropa@telefonica.net .
9. TRANSPORTATION EXPENSES
There are no transportation expenses.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and allows the following ways to make the payment of an order: Bank transfer Pay Pal Credit card: payment by card will not be accepted if it exceeds € Security measures The website uses information security techniques generally accepted in the industry, such as SSL, data entered in a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls. The LENDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.
11. PURCHASE PROCESS
The website has a search system by different parameters to facilitate the choice of accommodation. Types of reservations: Booking with immediate confirmation: Minimum price of the service stipulated on the website. You can make the reservation online and add the extra services that suit you. Price not available: In the event of not having the price of the service, the USER will be informed as soon as possible, by email or telephone. Select the check-in and check-out dates, the people staying (adults and children) and the chosen extra services and add to the basket. In this, only the selected services, the quantity, the price and the total amount will be observed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the data entered. The baskets have no administrative connection, it is just a section where you can simulate a budget without any commitment on both sides. An order can be placed from the basket by following the following steps for its correct formalization:
1. - Verification of the billing data.
2. - Verification of the reservation (dates, services...).
3. - Selection of the payment method.
4. - Place the order (purchase).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order has been placed. Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all the relevant information. From the Online Reservation section, you will be able to consult the description and the characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed unlawful, void or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or use policies. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws: Conformity of the services with the contract 1. Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable: a) They conform to the description made by HOTEL RUTA DE EUROPA. b) Are suitable for the uses to which the services of the same type are ordinarily intended. c) Are suitable for any special use required by the USER, when he has informed HOTEL RUTA DE EUROPA at the time of conclusion of the contract, provided that he has admitted that the service is suitable for this use. d) Present the usual quality and performance of a service of the same type as the customer may it is reasonable to expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by HOTEL RUTA DE EUROPA. e) HOTEL RUTA DE EUROPA describes the details, technical characteristics and photographs of the properties provided by the owners thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility for it falls on HOTEL RUTA DE EUROPA or under its responsibility; on the contrary, when the service not performed or provided is due to negligence or malpractice of the USER, it will not be considered any fault of HOTEL RUTA DE EUROPA and will be considered in accordance with the terms of the contract.
3. The liability for non-conformity that the USER knows or could not have ignored at the time of conclusion of the contract or that have their origin in information provided by the USER will not apply.
Responsibility of HOTEL RUTA DE EUROPA
The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. HOTEL RUTA DE EUROPA recognizes the USER's right to repair the service, to its replacement, to the reduction of the price and to the termination of the contract.
Repair and replacement of the hosting service
1. If the hosting service is not in accordance with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options proves impossible or disproportionate. From the moment the USER informs HOTEL RUTA DE EUROPA of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions in the cases in which the repair or replacement fails to bring the service in accordance with the contract.
2. Any form of sanitation that imposes costs on HOTEL RUTA DE EUROPA that, compared to the other form of sanitation, are unreasonable will be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
The repair and replacement will be in accordance with the following rules:
- The necessary expenses incurred to correct the lack of conformity of the contracted services will be free for the USER.
- They will be carried out within a reasonable time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.
- If the repair has been completed and the property has been delivered, it is still not in accordance with the contract, the USER may demand the replacement of the same, the price reduction or the termination of the contract.
- If the replacement fails to bring the property in accordance with the contract, the USER may demand the repair of the same, the price reduction or the termination of the contract.
Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the USER's choice, when he cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USER.
The resolution will not proceed when the lack of conformity is of minor importance.
Criteria for the price reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
Deadlines
Unless proven otherwise, the delivery is understood to have been made on the day indicated in the reservation.
The USER must inform HOTEL RUTA DE EUROPA of the lack of conformity at the time he has become aware of it or, at the latest, at the end of the stay. Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. HOTEL RUTA DE EUROPA and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services subject to these Conditions. In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, see clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Terms.