This contractual document will govern the booking of accommodation through the website https://www.estivalgroup.com, owned by ESTIVAL GESTIO S.L., hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website for the USER to reproduce and save 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, as those in force at the time of placing orders will apply.
The 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.
Acceptance of this document implies that the USER:
These conditions will have an indefinite validity period and will be applicable to all bookings made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of 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 partiesOn one hand, the PROVIDER of the accommodation booking service contracted by the USER is ESTIVAL GESTIO S.L, with registered office at Avda. Pau Casals, s/n. CP 43480 VILA-SECA. TARRAGONA, NIF B-43539550.
And on the other, the USER, registered on the website using their full name, official identification document (ID, passport, NIE, etc.), a valid credit card with sufficient funds (to guarantee the booking), email address and telephone number, for which they have full responsibility for use and custody, and is responsible for the veracity of the personal data provided to ESTIVAL GESTIÓ, S.L.
Purpose of the contractThe purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the moment the latter accepts, during the online booking process, the reservation of a tourist accommodation unit (hotel room, apartment, bungalow or camping pitch) for vacation, tourist use or temporary accommodation.
The contractual relationship for accommodation booking entails the rental of the chosen accommodation unit for a limited time, for a price determined and publicly displayed through the website. Some extra services may or may not be contracted at the time of making the booking.
Booking procedureThe USER, in order to access the services or products offered by the PROVIDER, must be of legal age. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 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 provide the full name of all recipients/users of the contracted service, with everyone committing to make diligent use of the contracted service and not to make it available to third parties, as well as to report the loss or theft of the possible access to the establishment or services by an unauthorized third party, so that immediate blocking can proceed.
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 Services and Electronic Commerce (LSSICE), the booking procedure will follow the following steps:
Except for particular written stipulations, placing a booking with the PROVIDER will imply the USER's acceptance 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 BOOKINGS AND PAYMENTThe PROVIDER will previously inform the USER about the procedure that must be followed to make the trip booking.
The automatic availability and price calculation system allows the USER to choose the accommodation unit they are interested in and immediately make the online payment of its price.
The PROVIDER will not reserve the accommodation until it has validated the card; once this process is finished, the PROVIDER will contact via email to confirm the booking. This term is understood provided that availability has been correctly confirmed.
NON-Refundable Rates: when making the booking, 100% of the booking amount will be paid.
Flexible Rates: will have prepayment charges based on the conditions published in the establishment, for example: holiday hotels 1 night from 7 days before arrival. Mountain hotels 7 days before arrival, 30% of the booking will be charged. Campsites when making the booking, 30% of the total amount will be paid. Urban hotels 3 days before arrival the charge for the first night will be made.
DepositsA deposit of €150 is required, which can be paid in cash or by credit card (Visa, MasterCard or Maestro). This deposit will be refunded at the end of the stay, subject to verification that the accommodation has not suffered significant damage. In the event that there is damage to the accommodation, it will be deducted from said deposit.
Non-execution of the distance contractIn case of being unable to execute the contract because the accommodation is not available within the expected period, the USER will be informed of the lack of availability and that they will be entitled to cancel the booking and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER arising therefrom.
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)The USER has the same rights and deadlines to proceed with the cancellation and/or claim for possible vices or defects presented by the booking, both online and offline.
All cancellations must be communicated to the PROVIDER, through the my bookings section enabled on the website, providing their email and booking number, or by email according to the establishment, indicating the corresponding invoice or booking number. In case of a refund of the amount, the USER could be penalized for the concepts indicated below:
Any complaint that the USER considers appropriate will be handled as soon as possible, and can be made by phone or at the accommodation's address, both details are on its website.
If during the rental period there is any breakdown in the facilities or electrical appliances, the USER must notify the PROVIDER immediately 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 event of not having availability of accommodation, the PROVIDER will refund the proportional part of the amount delivered.
Online Dispute ResolutionIn accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEUREThe parties will not incur liability for any failure due to force majeure. Compliance with the obligation will be delayed until the cessation of the case of force majeure.
6. COMPETENCEThe USER may not assign, transfer, or transmit the rights, responsibilities and obligations contracted. If any stipulation of these conditions were considered null or impossible to fulfill, the validity, legality and compliance of the rest will not be affected in any way. The USER declares to have read, understood and accepted these General Conditions in their entirety.
7. GENERAL TERMS OF THE OFFERThe details of each booking, such as accommodation and meal plan, are informed to the USER in their respective description on the website.
All sales and deliveries made will be understood to be subject to these General Conditions.
No modification, alteration or pact contrary to the stipulated Commercial Proposal will have effect.
Given the continuous technical advances and product improvements, THE PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising. These modifications will also be valid in case, for any reason, the possibility of offering the contracted services is affected.
Arrivals and departuresArrivals: The arrival or check-in time varies depending on the type of accommodation:
Before the times indicated above, the accommodation will not be available.
In situations where the USER has booked their stay at a campsite and plans to arrive at the accommodation after 22:00, it is essential that they communicate this prior to their arrival. In case of not receiving this prior notice, the arrival might not be accepted and, in that case, access to the accommodation will be postponed until 8:00 in the morning of the next day.
Upon arriving at the establishment's reception, the USER is obliged, in accordance with current legislation, to present the documentation that certifies the booking confirmation. In addition, the identification of all occupants of the accommodation will be carried out.
Subsequently, the USER will pay the total remaining balance of the booking plus the local TAXES and the tourist TAX (check according to establishment) per day of stay and person over 16 years old, with a maximum of 7 days (Law 5/2012 of 20/3/12. D.O.G.C. no. 6094 of 03/23/12) and the deposit. The payment of these amounts can be made both by debit or credit card and in cash, depending on the USER's preference.
Departures: The established time to perform the check-out is until 10:00 in all our accommodation, except for Islantilla, where the departure is until 11:00. It is essential to respect this schedule to facilitate the organization and cleaning of the accommodation for the following users. The user must return the keys to the reception before the agreed time. The provider may request a prior review of the state of the accommodation before departure, thus ensuring that the established conditions of use are met.
Extra servicesIn case the USER wishes to contract any extra service, they have the option to do so at the time of formalizing the booking. It is important to keep in mind that these additional services will be subject to the existing availability at the establishment. The prices corresponding to said services will be published on the website. If it is not possible to access the information through this means, the USER must contact the establishment by phone to consult the current conditions and rates.
Regarding the admission of pets, only in those accommodations where it is allowed, it will be essential to inform about it at the time of making the booking and request the corresponding authorization.
Customer responsibilitiesThe prices indicated for each booking include the Value Added Tax (VAT) according to the regulations in force at the time of payment. In the event of any modification in the applicable tax rate, said variation will be reflected in the corresponding rates and will be automatically adjusted in the final prices.
It is important to note that, unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance or any other additional or complementary service to the main service contracted. Therefore, any supplement or extra service requested by the user must be paid separately and is not included within the base price of the booking.
The prices applicable to each establishment 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 as long as the booking is not made.
Every payment made to the PROVIDER entails the issuance of an invoice with consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that they have reported at the time of placing the order. This invoice will be delivered to the USER when the rental ends and the full payment of the contracted services is made. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it via email, you must request it through any of the means that the PROVIDER makes available to you, informing you that at any time you can revoke said decision.
9. TRANSPORT COSTSNOT APPLICABLE.
10. PAYMENT METHODS, CHARGES AND DISCOUNTSThe PROVIDER is responsible for the economic transactions and enables the following ways to make the payment of an order:
The website uses generally accepted industry information security techniques, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the object of preventing unauthorized access to data. To achieve these ends, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or influence them in a negative way.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder or cards.
11. PURCHASE PROCESSThe website has a search system by different parameters to facilitate the choice of accommodation. Booking types:
It is necessary to select the arrival and departure dates, the people accommodated (adults and children) and the chosen extra services and include them in the basket. In this, only the selected services, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties. From the basket you can place an order following the next steps for its correct formalization:
Once the order has been processed correctly, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the order placement.
In a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the booking, as well as all relevant information.
From the Online Booking section, you can consult the description and characteristics of the accommodation, the services included, optional services (extras) and the particular conditions of each property.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACTIf any of these terms and conditions were considered illegal, null or for any reason unenforceable, this condition will be considered separable and will not affect the validity and enforceability of any of the 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 does not comply with or follow any of the obligations established in this document or any legal provision, license, regulation, directive, code of practice or applicable usage 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. WARRANTIES AND RETURNSThe warranty of the services offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws:
Conformity of services with the contract1. Unless proven otherwise, it will be understood that the services are in conformity with the contract provided they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
2. The lack of conformity that results from a service not performed or provided will be equated to the lack of conformity of the contract, provided that the responsibility for this falls on or under their 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 lack of and will be considered in accordance with the terms of the contract.
3. Liability for lack of conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that originate from information supplied by the USER will not proceed.
Responsibility of the PROVIDERThe PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. It recognizes the USER's right to the repair of the service, its replacement, the reduction of the price and the resolution of the contract.
Repair and replacement of the accommodation service1. If the accommodation service is not in conformity with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates to the PROVIDER the chosen option, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions in cases where the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remediation that imposes costs that, in comparison with the other form of remediation, are not reasonable, taking into account the value the service would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remediation could be carried out without major inconvenience to the USER, will be considered disproportionate.
Repair and replacement will comply with the following rules:
The price reduction and the resolution of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER.
Criteria for price reductionThe price reduction will be proportional to the difference existing between the value that the service would have had at the time of delivery had it been in conformity with the contract and the value that the effectively delivered service had at the time of delivery.
DeadlinesUnless proven otherwise, delivery is understood to be made on the day that appears on the booking. The USER must inform the PROVIDER of the lack of conformity at the time they become aware of it.
14. APPLICABLE LAW AND JURISDICTIONFor everything that arises from this contract, both appearing parties expressly submit to the jurisdiction of the Courts and Tribunals of the city where the establishment has its domicile.