General Terms and Conditions
INTRODUCTION
This document of General Conditions of Contract, hereinafter referred to as GTC, together with the documents mentioned herein, establishes the conditions governing the purchase of the services of the website www.laspalmerasdelcalifa.com owned by MAGNUM PLUS, S.L. with address at Plaza de España, 16- 11150 Vejer de la Frontera (Cádiz) and e-mail address: reservas@lacasadelcalifa.com. The company MAGNUM PLUS,S.L. is registered in the Mercantile Register of Cadiz, Volume 1051, Book: 0, Page 11313.
Please read these terms and conditions carefully before using this website.
By using this website or making a reservation through it, you are bound by these terms and conditions, which may be modified, but the terms and conditions in force at the time of use of the website or conclusion of the contract will be applicable to you.
The USER may access, print, download and save the GTC at any time. These Terms and
Conditions will be permanently accessible on the Website via the link www. https://califavejer.com/condiciones-contratacion.
The elements of the Website, as well as the services offered for sale have been originally created in their idea, image, production system, etc., expressly by our company. The reproduction, publication, transmission, transmission, modification or distribution by any means of any element of this website is expressly prohibited. The photographs, images, illustrations, designs, graphics, icons and any other element that forms part of the website are the exclusive property of MAGNUM PLUS, S.L.
CONCLUSION OF THE CONTRACT OF SALE
APPLICABLE REGULATIONS
The services offered, together with their main characteristics and price, appear on the screen.
MAGNUM PLUS, S.L. reserves the right to decide, at any time, the products and/or services offered to customers. In this way, MAGNUM PLUS,S.L. may, at any time, add new services to those currently offered. Likewise, MAGNUM PLUS, S.L. reserves the right to withdraw or stop offering, at any time and without prior notice, any of the services offered.
The GTC regulate the distance selling relationship between MAGNUM PLUS,S.L. and the user or client, in accordance with the legal stipulations, in particular, Law 7/1998, of 13 April, on General Contracting Conditions, Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users, the current regulations on Personal Data Protection (Regulation (EU) 2016/679), Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade and Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce and Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests.
Once inside www.hotelplaza18.com, and in order to access the contracting of the different services, the User must follow all the instructions indicated in the BOOKING process, which will imply the reading and acceptance of all the general and specific conditions set out in www.hotelplaza18.com
BOOKING PROCESS
The user can make the online booking of the desired service, whether it is hotel accommodation or gift vouchers.
The availability of the offers provided by MAGNUM PLUS, S.L. through its website may vary depending on customer demand. In general, all the services offered appear to be available. However, all bookings are subject to availability and confirmation by us.
In order to make any reservation on www.califavejer.com it is necessary for the client to be of legal age.
The Client chooses any service offered by MAGNUM PLUS, S.L. The services offered, together with their main characteristics and price, appear on the screen.
The use of these services shall imply the full and unreserved acceptance, and the validity, of each and every one of the GTC, which shall be considered automatically incorporated into the contract signed with MAGNUM PLUS, S.L., without the need for its written transcription in the same.
CONTRACTING PROCEDURE:
– Enter dates and number of guests.
– Select the desired service.
– Click on “Book”.
– Enter personal and payment details.
– Accept the Terms and Conditions and Privacy Policy.
– Make reservation and payment.
– Receipt of confirmation by e-mail.
To confirm the booking, the user must provide their credit card details. Once the booking has been processed, you will receive an e-mail confirming the booking. This e-mail will serve as proof of the contract. Normally our confirmation time is very short or even immediate.
The contract will be archived in electronic format. It is also recommended that the client prints and/or saves a copy on a durable medium, as well as the proof of receipt sent by MAGNUM PLUS, S.L. by e-mail.
In the case of the restaurant El Jardín del Califa, it will not be necessary to provide bank details for the reservation to be made.
Please note that in the case of our hotels, we have two types of reservations:
– Those that involve the card being charged in real time.
– Reservations in which it would only be necessary to indicate the credit card details.
The holder of the credit card used to make the reservation must correspond to the guest staying at the establishment. The credit card used for the booking will be requested on arrival to verify that the details provided are correct. The credit card holder must be present at the time of booking.
SPECIAL OFFERS
The special offers have a specific validity that can be consulted in the specific conditions of the offer.
INVOICING
The invoice will be given to you on paper when you leave the hotel. However, it can also be sent by e-mail, upon request.
3. PRICE
The price of each service will be the one stipulated at any given time on our website, and is expressed in Euros (€), as currency.
The prices relating to the booking are indicated before, during and after the booking, and refer to each room and are indicated for the number of persons and the date selected.
When confirming the booking, the Customer is informed of the total price including taxes.
Unless otherwise indicated on the Site, the price does not include any option (such as breakfast, half board, full board, etc.) that was not expressly offered at the time of booking the Service.
The prices include the VAT applicable on the day of booking, but any change in the applicable VAT rate will be automatically passed on to the price indicated on the date of invoicing.
The prices on this website are inclusive of applicable taxes (e.g. VAT). On the final invoice, the price of the service(s) purchased and the applicable taxes are therefore broken down.
Any changes or introduction of new legal or regulatory fees imposed by the competent authorities will be automatically passed on to the price indicated on the invoice date.
Finally, it should be noted that certain promotional offers are only available on the Site and are sold exclusively via the Internet, but not in any case at the reception desk of the establishment.
4. PAYMENT METHODS
At www.hotelplaza18.com we accept the following methods of payment:
– Bank card.
– Cash payment up to a maximum of 999 €.
There are also different methods of payment by credit card:
– Payment at the time of booking: the card is charged in real time through the corresponding payment gateway, once the authenticity of the communicated data has been checked. Non-refundable bookings are always paid by credit card and charged in real time.
– Payment at check-out: the user pays by debit/credit card in real time after check-out at the hotel desk.
Our company uses a security certificate S.S.L “Secure Sockets Layer” protocol designed to allow the secure transmission of information. In order to provide maximum security to the payment system, we use secure payment systems of leading financial institutions in electronic commerce. Payments by credit card will be made through a payment gateway, and your data will be encrypted under the secure server of the virtual POS, depending on the payment platform chosen by the user, so that all personal data entered in these payment platforms, including credit cards, are sent encrypted (encrypted) to a secure server.
By accepting the GTC, the user expressly authorises MAGNUM PLUS, S.L. to automatically charge for the provision of its services, for which it may use the details of the bank card provided by the user at the time of booking the hotel room.
MAGNUM PLUS, S.L. will store the user’s bank card details for the period necessary to check that any additional expenses incurred by the user, after having checked out, are fully covered. Therefore, MAGNUM PLUS, S.L. will temporarily store this data for the sole purpose of being able to charge the additional expenses incurred by the user until their departure from the Hotel and which have not been paid at the time of Check-out.
Once MAGNUM PLUS, S.L. has verified that the user has paid for all the services enjoyed, it will delete, where appropriate in compliance with the legal obligations that may be required of it, all the user’s bank card details. In this way, if the user were to contract the services of GRUPO CALIFA again, he/she would have to provide his/her bank details again.
The user declares that he/she is the holder of the bank card provided for the payment of the services provided by MAGNUM PLUS,S.L. and/or that it belongs to a third party who expressly authorised him/her to use it.
The user guarantees that the personal and invoicing data provided to MAGNUM PLUS,S.L. are true, exact, current and complete and is responsible for the accuracy and completeness of the information provided.
5. TAXES
All the services on this website include the legally established taxes.
In the event that the tax rate changes between the date of booking and the date of enjoyment, generating a disparity according to tax regulations, the rate to be applied to the final price will be that which corresponds at the time of enjoyment of the services, even in cases where this would cause an increase in relation to the total price indicated to the customer at the time of booking.
6. CANCELLATION POLICY
Hotels
Cancellation is free of charge up to 48 hours in advance. If you wish to cancel your reservation, please let us know at least two days before your stay, we will cancel your reservation without any charge. Otherwise we will charge you the amount corresponding to the first night of your stay. The credit card is only a means of guarantee. Cancellation of bookings by the user will not incur any early cancellation charges.
Gift vouchers
Gift vouchers are non-refundable, the recipient may redeem them for one year from the date of purchase.
If you wish to exercise your right of withdrawal, please read carefully the corresponding point of these Conditions.
NO SHOW (NO SHOW ON THE DAY THE RESERVATION IS MADE)
Unless the cancellation has been made in accordance with the preceding paragraphs, in the event of a no-show at the accommodation before 12:00 noon on the day following the start date of the reservation, the reservation will be automatically cancelled in full and a “No Show” charge for the first night of the room reserved will be applied to the credit card used to guarantee the reservation, without any refund of any amount.
7. WITHDRAWAL
According to the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without having to state the reason and without incurring any cost, except for those provided for in art. 107.2 and 108 of RD1/2007, of 16 November, which approves the aforementioned text of the General Law for the Defence of Consumers and Users.
This right of withdrawal is not applicable to, among others:
– Provision of services already executed or commenced.
– The provision of accommodation services or services related to leisure activities, if the contract provides for a specific date or period of performance.
The deadline for withdrawal from the contract for the provision of services is 14 calendar days from the day of conclusion of the contract. The user must inform MAGNUM PLUS, S.L. of his/her wish to exercise this right, which can be done by filling in the following WITHDRAWAL FORM.
The exercise of the right of withdrawal will result in the cancellation of the service. MAGNUM PLUS, S.L. will communicate to the consumer on a durable medium an acknowledgement of receipt of the withdrawal.
Withdrawal implies that MAGNUM PLUS, S.L. will proceed to refund the amount already paid by the customer within a maximum period of 14 calendar days, following the same procedure chosen by the customer for its payment (provided that the contracted service is not within the exceptions indicated above).
Once we receive the request we will contact the customer to indicate the details of the refund.
8. SPECIAL CONDITIONS
– Opening hours: check-in is from 15:00 hours and check-out is until 12:00 hours.
– Jardín del Califa: Our restaurant is the most popular in Vejer. We recommend that you make a reservation (you can always cancel at any time) in order to avoid the disappointment of not having a table available when you stay with us. Please leave a message in the comments box on the booking or email us at www.laspalmerasdelcalifa.com
– Parking: The historic quarter of Vejer is mainly pedestrianised. Although street parking is available, availability is often difficult. We have limited parking spaces available depending on the season at 15 € or 17 € per day; otherwise there is a covered public car park (with charge). Our car park is 100 m from the hotel.
– Extra beds and cots are available: Extra bed depending on the room and on request. Please leave a message in the comments box when booking or email us at www.laspalmerasdelcalifa.com and we will confirm which specific rooms are available.
-Hammam: Relax in the Hammam of Vejer, hammamvejer.com, the Arab baths of the Califa Group located a few meters from the hotel. The hotel reception will make the reservation or if you wish you can make it directly on 621 19 30 30.
– Smoking policy: In accordance with Law 28/2005, on health measures related to tobacco and the regulation of the sale, supply, consumption and advertising of tobacco products, our accommodation is a non-smoking establishment. Smoking is only permitted in designated areas.
– It is important for you to know that from the 10th to the 24th of August are the patron saint festivities of Vejer and that the hotel is situated in a square where there is an orchestra playing until the early hours of the morning.
9. POLICY FOR MINORS
Minors under 18 years of age must be accompanied by their parents, guardians or adults duly authorised by them. Hotel staff may require relevant documentation identifying the adults as their parents/guardians or authorised persons.
10. PUBLIC ORDER
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 GTC. Consequently, he/she is obliged not to use the services for illicit purposes or effects and/or contrary to what is established in the present Terms and/or General Conditions of contracting, harmful to the rights and/or interests of third parties or which, in any way, may damage the services of MAGNUM PLUS, S.L. and/or its image.
11. QUALITY
GRUPO CALIFA may, for greater flexibility and for the benefit of the users, unilaterally modify, at any time and without prior notice, the services provided, or the operating, technical and usage conditions of the services. In the same way, in order to improve the service and establish an optimum level of quality, the ultimate objective of MAGNUM PLUS, S.L., users may suggest those modifications that they consider useful, by contacting those responsible for the page via the e-mail address: www.laspalmerasdelcalifa.com
12.NOTIFICATIONS
For the purposes of making the appropriate notifications, the company designates the address specified in the legal notice as the contact address. The e-mail address provided by the User during the registration process on our website will be used by the company for the purpose of sending notifications to the User.
The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.
All notifications made by the company to the User will be considered validly made if they have been made using the data and through the aforementioned means.
The company accepts no liability for any damage that may be caused by the User’s failure to keep his or her contact details up to date.
13. LANGUAGE
In accordance with the provisions of art. 27. 1d) of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, you are informed that you can access our website, as well as the general contracting conditions and carry out any transaction in Spanish.
14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for us, as well as for our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a Contract but you may assign or donate the purchased product to anyone you wish. We may transfer, assign, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of this Contract. For the avoidance of doubt, any such assignment, transfer, assignment, encumbrance or other transfer will not affect your statutory rights as a consumer, if any, or void, reduce or otherwise limit any express or implied warranties we may have given you.
15. FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Household confinement, e.g. in case of COVID and the like.
5. Inability to use trains, ships, aeroplanes, motor transport or other means of transport, public or private.
6 Impossibility to use public or private telecommunication systems.
7 Acts, decrees, legislation, regulations or restrictions of any government or public authority.
8 Strike, failure or accidents in maritime or inland waterway transport, postal or any other type of transport.
Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues and we shall have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.
16. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the Website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, and in particular those of the purchaser’s domicile.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we provide you with the following link to access the European Union’s online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
17. COMPLAINT FORMS
In accordance with the provisions of Decree 72/2008, of 4 March, which regulates the complaint and claim forms for consumers and users in Andalusia, we inform you that there are complaint forms available to the public, which you may request by sending a message to the address www.laspalmerasdelcalifa.com