Terms & Conditions
GENERAL BOOKING TERMS AND CONDITIONS
EPI GESTIÓN, S.L., in compliance with the Law 34/2002, of 11 July, of information society services and Electronic Commerce, informs the user of the following Contracting Terms and General Conditions.
In this sense, the aim of this document is to regulate the contracting terms and general conditions of the online booking services in which EPI GESTIÓN S.L., with registered office in Saturnino Calleja Street 16, 28002 Madrid. CIF: B-81890006, registered in Madrid Business Register, nº12618, section 8, sheet 174, page M 201777, acts as an intermediary between the client and the establishment of the reservation. Its contact address being [email protected] or via telephone at +34 965-506-4880.
Through this website, EPI GESTIÓN, S.L., provides an online platform which offers accommodations of the Palmaïa -The House of AïA chain and allows for the clients’ reservations. When making a reservation through thehouseofaia.com, the client/user establishes a direct contractual relationship with the hotel where the reservation has been done. The foregoing means that, from the moment of the reservation, EPI GESTIÓN, S.L. does not offer accommodation services, nor manages, rents or exploits by any means of legally admissible evidence, nor makes any activity related to the hotel establishments, but it only acts as an intermediary between the client and the establishment, for electronic commerce purposes, transferring the reservation data to the establishment and sending a reservation confirmation email, on behalf of and representing the establishment.
The information we offer has been expressly sent by the hotel establishments, which are responsible of updating the rates, availability and other data published on our website, they being the sole responsible of their veracity and accuracy, notwithstanding this EPI GESTIÓN, S.L. tries to offer an as accurate as possible service. Likewise, EPI GESTIÓN, S.L. does not own or is not owned by any commercial entity exploited or owned by the hotel establishments.
EPI GESTIÓN, S.L. is the owner company of the web www.thehouseofaia.com, created with the aim of acting as an intermediary in the promotion and selling of hotel services.
The use of these services by the users will entail the full and unconditional acceptance and the validity of each of the general conditions here presented, without the need to reproduce and/or ratify them elsewhere. Hence, the user commits himself to read the contracting conditions every time he contracts a service, so the use or contracting of the services entails the full acceptance of the following conditions, the user simultaneously declaring:
- That he is a person able to enter into contracts.
- That he has read and accepts the following general contracting conditions.
- The user commits himself to filling the forms provided by EPI GESTIÓN, S.L. in behalf of the establishment, or by the hotel in order to do the reservation with the personal data and additional information requested, which is considered essential for the provision of the service.
- The contract shall come into effect in Spanish or English.
- The addressee will have to verify the reservation data that will appear on screen before connecting with the payment gateway.
- The user will always and in any case have access to the general contracting conditions prior the contracting of services process starts, they are stored and/or reproduced in a durable storage medium.
The main aim of the accommodation booking service offered by EPI GESTIÓN, S.L. on its website is to mediate in the reservation of rooms in different hotels where the client makes the reservation in the terms provided by these establishments. The contracting process comprises the following stages:
SELECTING DATES AND HOTEL
In this stage the client needn’t register, it is enough to introduce his preferences in the web form regarding dates, number of rooms and number of people.
After validating the data introduced and in accordance with those values, the following stage will show the client the availability at the selected hotel.
Adding the client’s selection to the shopping cart
Once shown the availability of the client’s option, the user will have to add his selection to the shopping cart in order to continue with the contracting process.
PERSONAL DATA INPUT
The client will have to introduce the requested personal data in the web form, as well as to provide the data of his credit card, which will not be charged, but will be used as a guarantee in case of cancellation, as stated in these conditions.
All the fields of this form are compulsory, so they must be filled in before confirming the reservation.
The reservation will be confirmed after this step.
After the confirmation of the reservation, the user will receive a confirmation email in the next 24 hours to the email address provided during the registration, with the reservation number and a summary.
In case you do not receive the email within that period, you will have to check out your emails, including the SPAM folder and contact us at the email provided above. Likewise, in case of detecting any error in the data, you will inform of that circumstance to that email providing the correct data.
Guaranty: The reservation is confirmed and guaranteed all night with a credit card. In case of no-show, the credit card will be charged (VAT and taxes included) in accordance with the no-show policies of every establishment.
The prices are only valid in writing and during the period stated in them. EPI GESTIÓN, S.L. and/or its subsidiary companies reserve the right to modify these prices without prior notice for justifiable reasons.
The reservation prices will be offered during the reservation process. Prices include the corresponding tax, without prejudice to the application of additional taxes, in accordance with the current local regulations of every country. The aforementioned local taxes must be directly paid at the hotel. Accordingly, prices shown at the moment of the reservation include the VAT (or the equivalent tax), depending on the applicable tax rate.
In case the applicable tax rate changes between the reservation date and the date of the provision of services, generating a disparity according to the tax regulations, the tax rate applicable to the final price will be the one valid at the moment of the provision of services, or the accumulation of the tax, that even in cases where that produces a rise in relation to the final price provided to the client during the reservation process.
PAYMENT OF THE RESERVATION
The client shall pay the stay booked at his arrival at the hotel.
For your own safety, the user shall provide an official identification at check-in in order to confirm the payment. The check-in process will not be completed without this document.
HOTEL LIABILITY LIMITATIONS
Complaints should be addressed directly to the hotel at the following emails:
The previous email contains the hotel name in order to facilitate its identification by the user. Likewise, there are complaint forms at the disposal of the clients at each of the hotels.
The complaint must be done immediately, preferably during your stay at the hotel. In case the complaint is done after the stay at the hotel, the user has 15 days to communicate this circumstance. After this period, the hotels will decline any type of responsibility.
In any case, the liability limit will coincide with the price of the reservation. The establishment will not assume responsibility for the costs and expenses of those professionals that act on behalf of the users.
CONTRACT CONDITION MODIFICATION
EPI GESTIÓN, S.L., as indicated by each of the establishments, will be able to modify these conditions providing there is sufficient cause or reason for that, publishing those modifications on the website. In such a case, the establishment that makes the modification will be its direct responsible. It will be understood that there is sufficient cause or reason for the modification, including but not limited to, when the aim of the modification is to: Extend the wide or number of services offered to the Users to improve the current offer.
Modify, substitute or update the prices of the services offered through the website.
The validity period of these general contracting conditions will be the time frame they are published on the website, and they will be applied to the services acquired when those conditions are available.
In any case, EPI GESTIÓN, S.L reserves the right to modify them unilaterally, without impairing the services contracted by the user prior to the modification, except for those cases in which the user changes or modifies the contracted service, in which case the conditions valid at the time of the change and /or modification will be applied.
CONDITIONS OF USE
The addressee commits himself to use the website and services provided in accordance with the provisions and arrangements included in the contractual conditions, in the provisions of the applicable legislation, ethical behaviour and good practice.
Likewise, the user shall abstain from obtaining the content supplied in the web by illicit or fraudulent means, or by theft, in accordance to the criminal code and the applicable legislation.
EPI GESTIÓN, S.L. reserves the right to refuse any user access to the website, without prior notice.
For its part, the addressee undertakes not to make unlawful use of the contents of the website, or that may be harmful to EPI GESTION, S.L. Therefore, the addressee will abstain from modifying, copying, distributing, publishing, assigning and/or selling any information or appearance concerning the website owned by EPI GESTION, S.L. Hyperlinks and secure environment.
EPI GESTIÓN, S.L. is not responsible for the web pages linked to this one, so it is not responsible for their contents. The risks arising from the consultation of such web pages correspond exclusively to the recipients, who must be governed by the terms, conditions and legal notices of the same, which also EPI GESTIÓN, S.L. is not responsible.
EPI GESTIÓN, S.L., through its website, uses technological resources to guarantee the protection of the information. The whole process of contracting the services is carried out in a secure environment, with a secure SSL server of up to 256 bits.
INTELLECTUAL AND INDUSTRIAL PROPERTY
EPI GESTIÓN, S.L. is the owner of the Intellectual and Industrial Property rights, or is legitimately exploited by virtue of agreements or licenses of use, of the elements that make up the design of the website such as the trademark, trade name or distinctive sign, etc., being duly protected by the existing legislation on Intellectual and Industrial Property. In particular, and not limited to, the following are protected by copyright: the logos, colour combinations, the selection and the way of presentation, the website source code, the menus, the navigation buttons, the HTML code, the Java applets, the texts, images, graphics, as well as any other content of the website owned by EPI GESTION, S.L.
Procedure in case of infringement of intellectual property rights:
In the event that any user or third party considers that any of the contents have been posted on its Web Site in violation of their intellectual property rights, they must send notification to EPI GESTION, S.L. with complete and precise indication of your data and the intellectual property rights allegedly infringed, as well as the Web Site to the following e-mail address [email protected]
EXCLUSION OF LIABILITY
EPI GESTIÓN, S.L. does not guarantee the reliability, availability or continuity of the services made available to the user, and therefore excludes any liability for damages and/or losses that may be due to the lack of availability, reliability or continuity of the website or its services, although it will try to provide technical assistance to the person concerned to the best of its ability, as well as to try to restore the interruption immediately, making available, as far as possible, alternative means.
The addressee expressly exonerates EPI GESTIÓN, S.L. from all responsibility for direct and indirect damages derived from possible errors in the website, as well as for the possible interruption, suspension, delay or anomaly in the access to the same
EPI GESTION, SL undertakes to take the utmost care to protect the website from any viruses, trojans or other elements that may violate or damage the addressee´s or third party’s computer system. In any case, the addressee exonerates EPI GESTIÓN, S.L. from all liability for direct or indirect damage caused by the possible existence of such harmful or malicious elements.
Likewise, and in view of its role as an intermediary on behalf of third parties, EPI GESTIÓN, S.L. will not be liable for the fact that the service provided to the recipient corresponds to that offered on its website.
RIGHTS AND OBLIGATIONS OF THE ADDRESSEE
Obligations of the Addressee.
The addressee undertakes to:
- Carry out full compliance with the provisions of these conditions of the services provided by EPI GESTIÓN, S.L.
- Complete the registration forms prior to the beginning of the contracting process with accurate and actual information.
- Pay the price of the services contracted, without the presentation of a complaint or claim exempts you from this obligation.
- The user undertakes to use the services in accordance with the law, morality, good customs and public order, as well as with the provisions of these General Terms and Conditions of Contract. Consequently, the user is obliged not to use the services for purposes or effects that are illicit and/or contrary to the provisions of these General Terms and/or Conditions of Contract, that are harmful to the rights and/or interests of third parties or that, in any way, may damage the services, establishments and/or their image.
EPI GESTIÓN, S.L., may, for greater agility and for the benefit of users, unilaterally modify, at any time and without prior notice, the services provided, or the operating, technical and use conditions of the services. In the same way, users, in order to improve the service and establish an optimum level of quality, the ultimate objective of EPI GESTIÓN, S.L., may suggest any modifications they consider useful, by contacting those responsible for the website via the following e-mail address:
Likewise, the user undertakes to respect the intellectual and industrial property rights of the platform; the addressee shall abstain from copyi
ng, reproducing, distributing, making available or publishing the content of the website, without the express written authorization of EPI GESTIÓN, SL, and in particular shall abstain from:
(a) Delete, elude or manipulate the copyright, trademarks and other data identifying the rights of EPI GESTIÓN, S.L. or of the owners incorporated into the contents and/or products commercialised from the EPI GESTIÓN, S.L. website, as well as the technical protection devices, fingerprints or any other information mechanisms that they may contain.
(b) Use the contents and, in particular, the information of EPI GESTIÓN, S.L., obtained through its Web Site to send advertising, communications for direct sales or any other type of commercial purpose, unsolicited messages addressed to a plurality of people.
(c) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless the authorization of the holder of the corresponding rights is obtained or it is legally permitted.
(d) In general, to use the contents in a manner, with purposes or effects contrary to law, morality and generally accepted good practices or public order. EPI GESTIÓN, S.L. does not grant any license or authorization for the use or exploitation of any kind on its industrial and intellectual property rights or on any other property or right related to its Web Site.
RIGHTS OF THE ADDRESSEE
All the information provided to the client will be considered binding on the offeror under the terms established by current legislation.
All addressees of the contracted services have the right to have the services they acquire be of the contracted legal category and requirements or of the quality that is in direct proportion to the category of the establishment.
PAYMENT METHOD AND PRICE
The prices and rates applicable to the contracting of the services by the user will be those provided by the establishments to appear on the website owned by EPI GESTIÓN, S.L., at the time the recipient accesses the specific service, and complete the contracting process.
As stated above, the total and final calculation of the reserve includes VAT (or equivalent tax), unless they are not expressly included and so stated.
Any other fee or tax that affects the final price will be paid additionally at the hotel establishment and will therefore be additional to the rate offered by the hotel.
The client must pay for the reserved stay upon arrival at the hotel unless the reservation is non-refundable: if the client cancels, modifies or does not show up at the hotel and does not stay, the total amount of the reservation will be charged.
Payment of the non-refundable reservation will be made at the time of the day of booking.
As a general rule and unless expressly agreed otherwise, rooms may be used from 3 p.m. on the day of arrival and must be vacated before 12 a.m. on the day of departure. If the client does not show up on the day of entry, the cancellation policy duly communicated in the reservation will be applied. The prices that are indicated, are Sale Price to the public, VAT included. However, in the event of an error in the entry of data, failure of the computer calculation or other circumstances provided for in these general conditions, the information reflected may be subject to changes which will be valid provided that the client is aware of them before the departure of the trip.
The Prices of Sale to the Public published in this Web site respond to the automatic calculation made by a booking engine. As this is an automatic system, errors may eventually occur in the calculation of the rates, which will be notified to the client, at the e-mail address designated by the client or by telephone call to the number provided by the client, as soon as EPI GESTIÓN S.L. has received the information. In this case, the client may choose to cancel the reservation at no cost or maintain the reservation, paying the difference between the amount paid and the correct price of the reservation, all prior to the start of the trip.
CANCELLATION OF THE RESERVATION
The reservation made may be canceled directly on the website or by e-mail to [email protected] and show clearly display the reservation number.
In the event of cancellation of a reservation by the client, the cancellation policies of each of the establishments that have been expressly communicated in the reservation will be applied.
In case of termination of the contract or cancellation of the reservation, the credit card is only a warranty. The cancellation of reservations by the user will not cause early cancellation fees, as long as this is done under the cancellation policies of each establishment. Each of the establishments will charge the cancellation costs established by each of them according to each rate by way of compensation. In the event that the User does not comply with the compensation requested by the establishment, the establishment will charge in the credit card provided by the client.
When the establishment does not attend the reservation confirmed by the client, for reasons only attributable to the establishment, it will provide the client with other accommodation of the same or higher characteristics and category.
In none of these cases shall EPI GESTIÓN, S.L. be held liable or be held liable.
MODIFICATION OF THE RESERVATION
The recipient can modify the reservation during the entire online booking process.
If you need to make any changes after receiving the reservation confirmation email, please contact us:
- Email: [email protected]
- Telephone: (inside Europe) +34 965-506-4880.
The offers will only be valid for the period set by EPI GESTIÓN, S.L. in the advertising, or failing that, for the time they are accessible to customers for effective contracting.
The modification will be subject to the conditions in force at the time of your request and subject to the availability of the establishment.
All notifications, requirements, requests and other communications to be made by the parties in relation to these General Conditions must be made in writing and shall be deemed to have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the e-mail address of the same, or to any other address or e-mail address that each party may indicate to the other for this purpose.
NULLITY AND NON-EFFECTIVE CLAUSES
If any clause included in these conditions is declared totally or partially null or void, such nullity will affect only that provision or the part of it that is null or void, and the rest of the conditions will remain in force. EPI GESTION, S.L., undertakes to replace the stipulation affected by the nullity as close as possible to the intention initially agreed by the parties.
PROTECTION OF PERSONAL DATA
In accordance with Article 5 of the RGPD, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), users are expressly informed that the personal data they provide through the service provided through this website will be collected and processed in a file owned by Palmaïa – The House of AïA.
The main purpose of this file is that the establishments provide the most excellent service possible, as well as to manage all the reservations made and the tasks involved in this management, and to offer you the services and products of the hotel chain Palmaïa – The House of AïA, understanding that in this way you will be provided with a better service as customers and users of this website. Likewise, we inform you that the information, data provided, and your e-mail address may be used to carry out segmentations or personal profiles. We will also send you information using the email address you have provided. Palmaïa – The House of AïA will include the User’s e-mail address in the mailing lists and will send commercial information or news that may be of interest to the User. For this purpose, you must expressly consent to the collection and processing of your data in the sense indicated.
We express to you that the data provided during the entire provision of the service may be transferred by Palmaïa – The House of AïA to the merchants that own and/or operate the hotel establishments operated under the Palmaïa – The House of AïA brand. In order to provide a strictly personalized service, we will share your data with specialized merchants in marketing, management, and navigation tracking on our website. However, Palmaïa – The House of AïA will keep this data for a period of three (3) years, being able to carry out assignment activities during the same period, leaving the natural or legal persons linked for this period as well. Likewise, it is reported that, where appropriate, those data whose obligation is accrued from compliance with any tax or commercial regulations will be kept for the time that corresponds.
When personal data is collected through https://www.thehouseofaia.com , the user will be solely responsible for filling in the forms with false, inaccurate and incomplete or not updated information, being previously informed, in a clear manner and unequivocal, that the Personal Data provided will be incorporated into a file or treatment of personal data, whose owner and responsible is Palmaïa – The House of AïA.
In accordance with the provisions of Art. 15 et seq. of the RGPD, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we hereby inform you that the data controller is Palmaïa – The House of AïA, and therefore the user may at any time exercise their rights under the aforementioned regulations, in particular, those of access, cancellation, opposition and rectification by sending a written communication to the e-mail address [email protected] indicating in the subject line or reference: Data Protection. You are also informed that you can contact the Data Protection Officer at this e-mail address. However, in order to do this, your express consent is required, which will be obtained from us in order to carry out the aforementioned actions.
APPLICABLE LAWS AND JURISDICTION
These General Terms and/or Conditions of Contract are governed by Spanish Law.
Likewise, the users expressly accept that the resolution of any controversy that may arise, with respect to its validity, execution, compliance or resolution, in whole or in part, are subject, with express waiver of their own jurisdiction or any other jurisdiction that, where appropriate, could correspond to them, to the jurisdiction of the Courts and Tribunals of Benidorm.
This document constitutes the complete and integral expression of the agreement between EPI GESTIÓN, SL and the User, and replaces all previous agreements, commitments, statements or agreements, both written and oral, that have previously existed between them.
CONTENT SHARING THROUGH SOCIAL NETWORKS
We share our content over many social networks, and the content of our website can be shared on social networks through the share button. All the clickable elements that allow sharing content are integrated through the use of simple links instead of social plugins developed by social network providers. This is done to ensure that your data is not automatically transmitted to the social network servers you are using as soon as you access our website. In addition, when you share content from our website, we only transmit the necessary information to the social network so we can share the corresponding content with you, but even in this context, we do not share ANY personal data.
In turn, you can find simple links to your web pages on social networks. If you access a link on our website from a social network, or if you enter your social network to share content on our website, your data will be processed by the provider of the social network. For more information about the objective and scope of the data collection, its treatment and use by the social network, as well as related rights and adjustment options to protect your privacy, please refer to the Information on Data Protection published by the corresponding provider.
You have the option to share information on our website through social networks, such as Facebook, Instagram, Linkedin, and YouTube. This means that the information you share, with name and preferences, will be visible to users on your personal pages. We recommend that you carefully read the privacy policies of all social media application you use, as they apply to the processing of your personal data.
Remarketing is a feature that we use to collect information on users that have visited our website before, this is solely used to target our audience so that we can continue to attract viewers to our content. We inform you that we can collect information for this remarketing function.
The information we collect through this function is collected by cookies from Facebook and or other trustable and equitable social networks. You can control the data that these cookies collect in the privacy policies for each service. If you do not want your information to be collected by these cookies, you can disable the use of Google cookies through google ads settings. You can also disable the use of these cookies from a third-party provider through the disabling page of the Network Advertising Initiative.
These types of services allow you to interact with social networks or other external platforms directly from the pages of this website. The interactions and information obtained through this website will always be subjected to follow the privacy settings of the user in each social network. In the event that a service is installed that allows interaction with the social network, it is possible that even if users do not use the service, will collect data from web traffic related to the pages on which they are installed.
© 2020 THE HOUSE OF AÏA HOTELS & RESORTS. ALL RIGHTS RESERVED – TERMS & CONDITIONS