www.hotelxauen.com
1. GENERAL INFORMATION
The ownership of this website www.hotelxauen.com (hereinafter, the Website) uses: HOTEL XAUEN, SL, with TAX id: B12275921 and registered at: Register; and whose registration details are: , and whose contact details are:
Address: AVENIDA SOURCE BATHS 26 , 12448 MONTANEJOS (CASTELLÓN)
Contact phone: 964131151
Contact Email: xauen@hotelxauen.com
This document (as well as other documents herein mentioned) regulates the conditions which governs the use of this Web Site (www.hotelxauen.com), and the purchase or acquisition of goods and/or services in the same (hereinafter, Terms).
For the purposes of these Conditions, it is understood that the activity that Hotel Xauen develops through the Website includes:
Hotel reservations, purchase of packs…
In addition to reading these Conditions prior to accessing, browsing and/or using this web site, the User has to have read the Legal Notice and the terms and Conditions of Use, including, the cookies policy, and the policy of privacy and data protection Hotel Xauen. By using this Web Site, or make and/or soliciting the purchase of a product and/or service through the same, the User agrees to be bound by these Terms and by all the above, so if you do not agree with all of this, you should not use this Web Site.
Also, it is reported that these Conditions may be modified. The User is responsible to review them each time you access, browse and/or use of the Web Site because it will be applicable to those that are in effect at the time they request the purchase of products and/or services.
For all of the questions that the User may have in connection with the Conditions you can get in touch with the owner using the contact details provided above, or, in your case, using the contact form.
2. USER
The access, navigation and use of the Website confers the condition of user (hereinafter referred to, interchangeably, individually and as a User or together as Users), so that you are accepted, since start of the navigation of the Web Site, all of the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding regulations, legal compliance as the case may be.
The User assumes his responsibility in the correct use of the Website. This responsibility will extend to:
- Make use of this Web Site only to make inquiries and purchases and acquisitions legally valid.
- Do not make any purchases to be false or fraudulent. If you reasonably could consider that you have made a purchase of this nature may be cancelled and it would be reported to the relevant authorities.
- Provide contact details truthful and lawful, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Web Site.
The Website is primarily aimed at Users residing in Spain. Hotel Xauen does not ensure that the Website complies with laws of other countries, either totally or partially. Hotel Xauen disclaims any and all liability which may arise from such access, as well as ensures the shipment or provision of services outside of Spain.
The User will be able to formalize your choice, Hotel Xauen the contract of sale governing the products and/or services desired in any of the languages in which the present terms and Conditions are available on this Website.
3. PROCESS OF PURCHASE OR ACQUISITION
The Users may buy on the Website by the media and the forms established. Should follow the procedure of purchase and/or acquisition online www.hotelxauen.com, during which several products and/or services can be selected and added to cart, basket or trailing space of purchase and, finally, click on ‘book’.
Also, the User must fill out and/or check the information that at every step he asked, even though, during the purchase process, before payment, you can modify the data of the purchase.
Next, the User will receive an email confirming the Hotel Xauen has received your order or purchase request and/or provision of the service, that is to say, the order confirmation. And, in your case, we will inform you, also by e-mail when your purchase is being sent.
Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice which will be sent to the User via e-mail. Also, the User may, if they so wish, to obtain a copy of your paper bill, requesting Hotel Xauen using the spaces of contact of the Web Site or through the contact details provided above.
The User acknowledges that the current, at the time of the purchase, of certain particular conditions of sale, which apply to the product and/or service in question, and that is shown next to the filing or, in your case, the image of this in your page of the Web Site, by indicating, by way of example, but not exhaustive, and in response to each case: name, price, components, weight, quantity, color, details of the products, or features, mode in which will be carried out and/or cost of the benefits; and acknowledge that the execution of the purchase order or purchase embodies the full and unreserved acceptance of the conditions of sale applicable to each case.
Communications, purchase orders and payments involved during the transaction made on the Web Site could be filed and preserved in the records computerized Hotel Xauen in order to constitute a means of proof of the transactions, in any case, in compliance with the reasonable conditions of safety and the laws and regulations that may apply, and in particular in view of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and the rights that assist the User in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Hotel Xauen through the Web Site are subject to the product availability and/or to any circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of the services. If you encounter difficulties regarding the supply of products or not to remain in-stock products, Hotel Xauen agrees to contact the User and refund any amount that could have been paid in respect of the amount. This will be equally applicable in the cases in which the provision of a service to be unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the end, in Euros (€) and include taxes, unless a legal requirement, especially in the area of VAT, it is stated and apply different discussion.
However, and unless otherwise stated, promptly another thing, the price of the items offered exclude delivery costs, which could incur, which will be added to the total amount due at the time of managing the procedure for sending, by the User, and where it will consult the methods and costs of shipping are available and will choose freely the most convenient for you.
In any case, the Website will add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen freely and voluntarily.
The prices may change at any time, but changes will not affect orders or purchases made with regard to which the User has already received a confirmation order.
The means of payment accepted are: credit or debit Card
Credit cards will be subject to checks and authorizations by the issuing bank of the same, if such entity does not authorize the payment, Hotel Xauen will not be liable for any delay or non-delivery and will not be able to form a contract with the User.
Once Hotel Xauen receipt of the purchase order by the User through the Web Site, we will make a pre-authorization on the card that is appropriate to ensure that there are sufficient funds to complete the transaction. The charge will be made at the time that it sends the User to the delivery confirmation and/or confirmation of the service that is provided in the form and, in their case, place set.
In any case, when you click on ‘reserve’, the User confirms the payment method used is yours.
6. DELIVERY
In cases that proceed to perform the physical delivery of the contract, the deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic islands)
Except in those cases in which there are unforeseen circumstances or extraordinary, or, in your case, arising from the customization of the products, the purchase order is consistent in the related products in every order confirmation will be delivered in the period of time indicated on the Website based on the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of the order confirmation.
If, for some reason, which was attributable, Hotel Xauen could not meet the delivery date, will contact the User to inform you of this circumstance, and, it may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, the deliveries are made on working days.
If it proves impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where your order is and how to do for it to be delivered again.
If the User is not going to be in the place of delivery in the time slot agreed, you should get in touch with Hotel Xauen to arrange delivery another day.
If 30 days have passed since your order is available for delivery, and has not been delivered for reasons not attributable to the Hotel Xauen, Hotel Xauen means that the User wants to withdraw from the agreement and it shall be deemed to be resolved. As a result of the termination of the contract, all payments received from the User will be returned to you, except for the additional costs resulting from the choice of the User of a mode of delivery different from the least expensive type of standard delivery offered by the Web Site, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which it is considered terminated the contract.
However, the User should keep in mind that the transport derived from the resolution may have an additional cost that may be impacted.
For the purposes of the present terms and Conditions, it shall be understood that has occurred, the delivery or the order has been delivered at the time at which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks of the products may arise will be the responsibility of the User from the moment of its delivery. The User acquires the ownership of the products when Hotel Xauen receives full payment of all sums due in connection with the purchase or acquisition is made, including the shipping costs, or at the time of the delivery, if it takes place in a time after the full receipt of the amount of payment for Hotel Xauen.
In accordance with the provisions of Law 37/1992, of 28 December, the Value Added Tax (VAT), the purchase orders for delivery and/or provision shall be located in the territory of application of the Spanish VAT if the address of delivery is in Spanish territory, except the Canary islands, Ceuta and Melilla. The applicable rate will be the legally valid in each time depending on the particular item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
We inform the User that in the event that it detects that an error has occurred when you enter data necessary to process your application for a purchase on the Website, you may modify the same by contacting Hotel Xauen through the spaces of contact enabled on the Web Site, and, in his case, through those enabled in order to contact the customer service, and/or by using the contact data provided in the first clause (general Information). In addition, these information could also be remedied by the User through his / her personal space connection to the Website.
In any case, the User, before you click ”, you have access to the space, cart, or basket where they will be scoring their purchase requests and can make modifications.
Similarly, it directs the User to consult the Legal Notice and the terms and Conditions of Use and, in particular, the Privacy Policy, in order to gather more information about how to exercise your right to correction according to what is established in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
8. RETURNS
In the cases in which the User acquires products on or through the Web Site of the holder, will attend a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website, and therefore he has the right to withdraw from the purchase within 14 calendar days without justification.
This withdrawal period will expire on the 14 natural days of the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods purchased on the Website of Hotel Xauen, or in case the goods that make up your order are delivered separately, at 14 calendar days of the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods belonging to a same purchase order, or in the case of a contract of services, the 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User shall notify its decision to Hotel Xauen. You may do so, in your case, through the spaces of contact enabled on the Web Site.
The User, regardless of the medium you choose to communicate your decision, you should express clearly and unequivocally that it is your intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Hotel Xauen made available to you as part annexed to these Conditions, however, their use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication that expresses unequivocally the decision to withdraw is sent before the expiration of the corresponding period.
In case of withdrawal, Hotel Xauen shall reimburse to the User all the payments received, including the delivery costs (with the exception of additional costs, chosen by the User to a type of delivery other than the least expensive type offered on the Website), without undue delay and, in any event, no later than 14 calendar days from the date on which Hotel Xauen is informed of the decision to withdraw by the User.
Hotel Xauen be refunded to the User using the same method of payment that you used this to perform the initial transaction of purchase. This refund will not generate any additional cost to the User. However, Hotel Xauen may withhold reimbursement until we have received the goods or articles of the purchase, or until the User present a proof of the return of the same, depending on which condition is met first.
The User can return or send the products back to Hotel Xauen in:
And you should do so without undue delay and in any event no later than within 14 calendar days from the date on which Hotel Xauen was informed of the decision of withdrawal.
The User acknowledges know that you will have to bear the direct cost of returning (transport, delivery) of the goods, if there are any any. In addition, you will be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions from the right of withdrawal, as stated in article 103 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws. But, not exhaustive, this would be the case: custom products; products which are liable to deteriorate or expire rapidly; CDs/DVD of the music or video without your packaging, such as it is sealed in the factory; goods which for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, governs the provision of a service for which the User might employ on this Web Site, since this Law also states that he will have the Right of withdrawal to the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Hotel Xauen, he will lose his right of withdrawal.
In any event, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Also, you must return the products using or including all their original packaging, instructions and other documents which in his case to accompany, in addition to a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
Return of defective products or error in the shipment
It’s about all those cases in which the User considers that, at the time of the delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, you need to contact Hotel Xauen immediately and let you know the dissatisfaction existing (default/error) by the same means, or by using the contact data provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned will be tested and the User will be informed, within a reasonable time frame, if applicable, the refund or, in their case, the replacement of the same.
The refund or replacement of the product shall be carried out as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the item in.
The amount paid for products returned because of a defect, where one exists, will be refunded in full, including delivery costs and the costs that would have been incurred by the User for the return. The refund will be made by the same means of payment the User used for the purchase.
In any case, they will be always to the rights recognized in the legislation in force in each moment to the User, as a consumer and user.
Warranties
The User, as a consumer and user, enjoys warranties on the products you may purchase through this Website, in the legally established terms for each type of product, responding Hotel Xauen, therefore, because of the lack of conformity of the same, which is manifested in a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract, provided that: conform to the description given by Hotel Xauen and possess the qualities presented in the same; they are suitable for the uses to which you are ordinarily made of the products of the same type; and showing the quality and performance which are normal in a product of the same type and they are basically expected the same. When this is not so in respect of the products delivered to the User, it shall proceed as indicated in the paragraph Return of defective products or error in shipment. However, some of the products that are marketed on the Web Site may have features not homogeneous if and when they arise from the type of material with which they have been manufactured, and therefore form part of the individual appearance of the product, and shall not be a default.
On the other hand, this might be the case that the User acquires on the Web Site is a product of a brand name or manufacture by a third party. In this case, and considering the User that it is a defective product, this one also has the possibility of contact with the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly in front of the same during the two years following the delivery of such products. To do this, the User must have kept all the information in relation to the warranty of the products.
9. DISCLAIMER
Except provision of law to the contrary, Hotel Xauen not accept any liability for the following losses, regardless of their origin:
- any losses that were not attributable to any failure on your part;
- business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- all other indirect or consequential loss that was not reasonably foreseeable by both parties at the time when the contract of sale of the products between the two parties.
Also, Hotel Xauen also limits your liability in the following cases:
- Hotel Xauen apply all actions concerning provide a display faithful of the product on the Web Site, however not responsible for the minimal differences or inaccuracies that may exist due to lack of resolution of the screen, or problems with the browser used or other of this kind.
- Hotel Xauen act with the utmost diligence to put at the disposal of the company responsible for the transport of the product covered by the purchase order. However, no responsibility for damages arising from a malfunction of transport, particularly for causes such as strikes, traffic on roads, and in general of any other characteristic of the sector, and that can lead to delays, loss or theft of the product.
- Technical failures that due to unforeseeable circumstances or otherwise impede the normal functioning of the service through the internet. Lack of availability of the Web Site, for reasons of maintenance or other, rendering the service unavailable. Hotel Xauen puts all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, disclaims liability for causes not attributable to, fortuitous event or force majeure.
- Hotel Xauen is not responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Hotel Xauen not be liable for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, Hotel Xauen not be liable for any failure to perform, or delay in performance of, any of the obligations, when the same is due to events that are outside of its reasonable control, that is to say, which is due to causes of force majeure, and this may include, by way of example but not limited to:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations shall be suspended during the period that the force majeure event continues, and Hotel Xauen will have an extension of time to meet them for a period of time equal to the duration of the force majeure. Hotel Xauen will use all reasonable means to find a solution that will allow you to comply with its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that the greater part of the communications with Hotel Xauen be in electronic format (e-mail or notices posted on the Web Site).
For contractual purposes, the User agrees to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Hotel Xauen send to you electronically meet the legal requirements of being written. This condition does not affect the rights recognized by the law to the User.
The User can send notifications and/or contact with Hotel Xauen via the contact data in these Conditions are provided and, in his case, through the spaces of contact of the Website.
Also, unless otherwise noted, Hotel Xauen you can contact and/or notify the User on the e-mail or the postal address provided.
11. DISCLAIMER
No waiver of Hotel Xauen a legal right or remedy or the lack of requirement for Hotel Xauen strict compliance by the User of any of its obligations will, or a waiver of other rights or actions derived from a contract or the Terms, or relieve the User of the fulfillment of its obligations.
No waiver of Hotel Xauen any of these Conditions, or the rights or actions derived from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User by writing.
12. INVALIDITY
If any of these Conditions is declared null and void by a final decision of a competent authority, the remaining provisions shall remain in force, without which are not affected by such declaration of invalidity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to in these constitute the entire agreement between the User and Hotel Xauen in relation to the object of purchase and in lieu of any other covenant, agreement, or promise previously agreed verbally or in writing by the same parties.
The User and Hotel Xauen acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly stated in these terms and Conditions.
14. DATA PROTECTION
The information or personal data that the users provide to Hotel Xauen in the course of a transaction on the Web Site, will be treated in accordance with what is established in the Privacy Policy or data protection (contained, in his case, in the Legal Notice and the terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data you provide is truthful.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products via the site shall be governed by Spanish legislation.
Any dispute, issue or dispute arising out of or related to the access, navigation and/or use of the Website, or the interpretation and enforcement of these Terms, or with the contracts of sale between Hotel Xauen, and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can get to Hotel Xauen their complaints, claims or any other comments you wish to make through the contact information provided at the beginning of these terms and Conditions (General Information).
In addition, Hotel Xauen features of an official complaint at the disposal of consumers and users, and that these may apply to Hotel Xauen at any time, using the contact information provided at the beginning of these terms and Conditions (General Information).
Also, if the conclusion of this purchase contract between Hotel Xauen, and the User emanates a dispute, the User as a consumer may request a court settlement of disputes, in accordance with the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 may 2013 on online dispute resolution in consumer and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following web site: https://ec.europa.eu/consumers/odr/.
General conditions of contract
E-COMMERCE (BOOKINGS THE ACCOMMODATION). LAW GENERAL CONDITIONS OF CONTRACT
This contract document shall govern the recruitment of booking accommodation via the website [[Web]], the property of the HOTEL XAUEN, SL, under the trade name of HOTEL XAUEN, SL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Terms will remain posted on the website available to the USER for playback and save them as confirmation of the contract, and may be modified at any time by the LENDER. It is the USER’s responsibility to read them periodically, as they will apply those that are in effect at the time of ordering.
Contracts will not be subject to any formality with the exception of the cases expressly mentioned in the Civil and commercial Codes, and in this or in other special laws.
The acceptance of this document implies that the USER:
- You have read, understood and accept what is stated here.
- Is a person with sufficient capacity to contract.
- Assumes all of the obligations set forth herein.
These conditions will have a validity period of indefinite and will be applicable to all contracts made through the website of the PROVIDER.
The service PROVIDER informs that the trade 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 affecting the goods or promotions that were hired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of accommodation reservation service contracted by the USER is HOTEL XAUEN, SL, with registered address at AVENUE SOURCE BATHS 26 , 12448 MONTANEJOS (CASTELLÓN), NIF B12275921 and phone customer/USER 964131151.
And on the other, the USER registered on the website by a user name and password, over which you have full responsibility for its use and custody, and is responsible for the accuracy of the personal data provided to HOTEL XAUEN, S. L..
The object of the contract
This agreement is to regulate the contractual relationship between the PROVIDER and the USER at the time that this agrees, during the recruitment process in line, the rent of buildings for temporary accommodation.
The contractual relationship of booking accommodation involves the rental of the property is elected for a limited time, in exchange for a certain price and publicly exposed through the website. The extra services are to be hired at the time of booking.
Recruitment procedure
The USER, to be able to access the services or products offered by the PROVIDER, shall be of age and register through the web site by creating a user account. Therefore, the USER must provide a free and voluntary personal data that you will require, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the legal Notice and the privacy Policy of this website.
The USER will select a user name and a password, pledging to make diligent use of the same and to not make them available to third parties, as well as to inform the HOTEL XAUEN, SL of the loss or theft of the same or of the possible access by an unauthorized third party, so that it will proceed to the immediate blocking.
Once it has been created the user account, it is reported that, in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the recruitment process will adhere to the following steps:
1. General conditions of recruitment.
2. Activation of reserves.
3. Right of withdrawal (cancellation).
4. Claims and resolution of disputes in line.
5. Force majeure.
6. Competition.
7. Overview of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Form of payment, charges and discounts.
11. Process of purchase.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONDITIONS OF CONTRACT
Unless otherwise agreed in writing, the making of a booking, the PROVIDER will imply the USER’s acceptance of these legal terms and 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 PAYMENT
The service PROVIDER shall inform the USER about the procedure that you must follow to make the booking of the trip.
The automatic system of calculation of availability and prices allows the USER to choose the room that you’re interested in, and immediately make the booking through an online system.
Bonds
HOTEL XAUEN, SL has the right to request a deposit from 200€ to 500€) for group bookings of 3 rooms or more.
The deposit payment will be in cash at the time of access to the accommodation. The output of the accommodation, subject to inspection of the same, will be returned also in cash.
In the event that there are damages in the accommodation, will be deducted from the security deposit.
Lack of implementation of the contract at a distance
In case of not being able to execute the contract because the accommodation is not available in the prescribed period of 30 days, the USER will be informed of the lack of availability and you will be entitled to cancel the reservation and refund the total amount paid without any cost, and without any liability for damages attributable to the service PROVIDER.
In case of unreasonable delay on the part of the LENDER in respect of the refund of the total amount, the USER will be able to claim that he is paid twice the amount owed, without prejudice to its right to be indemnified for the damages incurred in excess of such amount.
The PROVIDER does not assume any responsibility when the activation of the service is not getting done, being the data provided by the USER is untrue, inaccurate or incomplete.
3. CANCELLATIONS (right of withdrawal)
Withdrawal form: https://hotelxauen.com/formulario-solicitud-desistimiento.pdf
The USER has the same rights and deadlines to proceed with the cancellation and/or claim any defects or defects with the booking, both on-line and off-line.
All cancellations must be communicated to the service PROVIDER requesting a return number by using the form prepared for this purpose, or by e-mail xauen@hotelxauen.com, indicating the number of the invoice or booking confirmation. In the case of a refund of the amount, the USER could be penalized by the concepts outlined in the cancellation policy of each reservation.
4. CLAIMS AND RESOLUTION OF DISPUTES IN LINE
Any claim that the USER deems appropriate will be answered as soon as possible, and can be performed in the following contact addresses:
HOTEL XAUEN, SL
AVENUE SOURCE BATHS 26 , 12448 MONTANEJOS (CASTELLÓN) Phone: 964131151
E-mail: xauen@hotelxauen.com
If during the rental period you experience any malfunction in installations or electrical appliances, the USER must be notified immediately to the LENDER to resolve as soon as possible in these circumstances.
In case of force majeure (damage caused by water, fire, etc), the PROVIDER shall replace the accommodation booked by another of the same characteristics. In the case of non-availability of accommodation, the service PROVIDER will refund the full amount paid.
Online dispute resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a platform of free access conflict resolution online between the USER and HOTEL XAUEN, SL, without the necessity of resorting to the courts of justice, through the intervention of a third party, called the Agency for dispute resolution, which is an intermediary between the two. This agency is neutral and will be discussed with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the platform ODR: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur any responsibility for any failure due to force majeure. The performance of the obligation is delayed until the cessation of the force majeure event.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any provision of these terms is deemed invalid or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor will they suffer modification in any way.
The USER declares to have read, understood and accepted the present General Conditions in its entirety.
7. OVERVIEW OF THE OFFER
The details of each book, such as accommodation and food regime, are reported to the USER in their respective description on the web page.
All sales and deliveries made by HOTEL XAUEN, SL shall be subject to the present General Conditions.
Any modification, alteration, or covenant, is contrary to the Proposal’s Commercial HOTEL XAUEN, SL or herein shall have effect, unless otherwise agreed to in a writing signed by HOTEL XAUEN, SL, in this case, these agreements specific shall prevail.
Given the continuous technical advances and improvements of the products, HOTEL XAUEN, SL reserves the right to modify its specifications in respect of the information provided in their advertising, even that does not affect the value of the services offered. These modifications will also void in the event that, for any cause, affected the possibility of supply of the services offered.
Inputs and outputs
The inputs and outputs of the rooms will be in the reserved date.
Entries: check in time is from 16:00 until the time that they wish (24 hours).
On arrival at the hotel, and according to the current legislation, the USER must submit the booking form and we will proceed to identify all of the occupants of the accommodation.
Next, the USER will sign a rental agreement. The accommodation is cleaned. Bath towels and bed linen per person are included in the rental price.
Departures: The departure time of the accommodations is until 12:00.
Extra services
If the USER is interested in hiring an extra service, you must do so at the time of booking, or on the contrary, indicate your arrival at the hotel if availability.
Customer responsibilities
– The USER undertakes to respect the rules of the Community. During the hours of rest from 22:00 to 9:00, you are not allowed to use accommodations with the end of holiday celebrations, or make a noise. In no case is allowed to occupy the accommodation for more people than those set out in its maximum capacity.
– The use of electricity and water must be rational.
– It is forbidden to hang towels and clothes on the balcony railings.
– The schedule of the pool marks each Community, and is generally from 10:00 to 21:00. It is prohibited to nail
objects like sun shades, awnings, etc, in the grass, as well as to use mattresses inflatable in the pool.
– Children should always be accompanied by their parents and under its responsibility.
– The USER is responsible for the correct behaviour of all his companions booking, in the
otherwise, the service PROVIDER reserves the right to expel the occupants of the accommodation, without the right
to future claims or any type of compensation.
– Neither HOTEL XAUEN, SL, nor the owner shall be responsible for any damage, direct or indirect
may arise as a consequence of the misuse of the accommodation, including but not limited to: destruction,
loss by fire, theft, crime, accidents or other types of damage.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices that are indicated in respect of each booking which include the Value Added Tax (VAT). These prices, unless otherwise expressly stated, do not include resort tax, travel insurance, the cost of shipping, handling, packaging, or any other additional services and annexes to the service purchased.
The prices applicable to each property they are published on the web site, and shall be denominated in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real-time. The prices may change daily as you do not make the reservation.
Any payment made for the HOTEL XAUEN, SL involves the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or of the social reason that this has been informed at the time of placing the order. This invoice will be provided to the USER when the end of the lease and the payment of the contracted services. You will be able to download the invoice in PDF format by accessing the management panel of the web with the user account. In case you want to receive it via e-mail, you must request it by any means that the service PROVIDER makes available to you, telling you that at any time entitled to revoke such a decision.
For any information regarding the booking, the USER will be able to contact through the customer support phone number of HOTEL XAUEN, SL 964131151 or via e-mail to the address xauen@hotelxauen.com.
9. TRANSPORT COSTS
There are No transport costs.
10. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and provides the following ways to make the payment of an order:
- Bank transfer
- Pay Pal
- Credit card
Security measures
The web site uses security techniques generally accepted in the industry, such as SSL, data entered on secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purposes of the corresponding authentication of the access controls.
The service PROVIDER undertakes not to allow any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same, or have a negative impact on 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 laws applicable to the Buyer, Issuing Bank, Merchant, or the Holder of the card or cards.
11. PURCHASE PROCESS
The web page has a search system for different parameters in order to facilitate the choice of accommodation. Types of bookings:
- Booking with immediate confirmation: the lowest Price of the service stated on the website. You can make the booking online and add the extra services that suit you.
- Price not available: In the case of not having the price of the service, the USER will be informed as soon as possible, by e-mail or phone.
Select the dates of entry and exit, residents (adults and children) and the extra services, select and add to cart. This notice only the selected services, the quantity, the price and the total amount. Once saved, the basket will be calculated the taxes, fees and discounts based on the data entered.
The baskets do not have any linkage to administrative, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket you can make an order by following the steps below for your correct formalization:
1. – Check your billing information.
2. – Check the booking (dates, services, etc.).
3. – Selection of the form of payment.
4. – Place order (buy).
Once processed the order, the system instantly sends an email to the department of management to the service PROVIDER and the other to the USER’s e-mail confirming the order.
In a maximum of 24 hours on weekdays, an email will be sent to the USER confirming the status of the reservation, as well as all the relevant information.
From the online Booking, you may consult the description and characteristics of the accommodation, the services included, optional services (extra) and the particular conditions of each property.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining terms.
The PROVIDER may, without prior notice, suspend or terminate a USER’s access to the services, in whole or in part, for any valid reason, including, without limitation, when the USER does not meet or follow any of the obligations set forth in this document, or any provision of law, license, regulation, directive, code of practice or policy of usage applicable.
When The LENDER’s exercise of any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to The PROVIDER.
13. WARRANTY AND RETURNS
The warranty of the services offered, respond to the following items based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws:
Compliance of the services with the contract
1. In the absence of proof to the contrary, it is understood that the services comply with the contract, provided that
meet all of the requirements set forth below, unless the circumstances of the case,
one of them is not applicable:
a) Will conform to the description given by HOTEL XAUEN, S. L..
(b) Are fit for the purposes for which normally used the services of the same type.
c) Are fit for any particular purpose required by the USER, when I have
knowledge of HOTEL XAUEN, SL at the time of the conclusion of the contract, provided that this has
admitted that the service is suitable for this use.
d) Present the quality and performance which are normal in service of the same type that the client can
reasonably expect, given the nature of this and, in his case, the descriptions on the
specific features of the services made by HOTEL XAUEN, S. L..
e) HOTEL XAUEN, SL describe the details, the technical characteristics and the photographs of the real estate
provided by the owners of the same, in a manner which is not required for these statements
public.
2. The lack of conformity resulting from a service that is not performed or provided will match to the lack of
under the contract, if and when the responsibility falls on HOTEL XAUEN, SL or
under its responsibility; on the contrary, when the service is not performed or provided due to a
negligence or malpractice of the USER, shall not be deemed to lack any HOTEL XAUEN, SL and
be deemed to conform with the terms of the contract.
3. Shall not be liability for lack of conformity that the USER knows or has not been able to
unaware at the time of the conclusion of the contract or that have their origin in information
supplied by the USER.
Liability of HOTEL XAUEN, SL
The service PROVIDER shall be liable to the USER for any lack of conformity which exists at the time of delivery of the accommodation. HOTEL XAUEN, SL recognises the USER the right to the repair of the service, your replacement, to the reduction of the price and the rescission of the contract.
Repair and replacement of the hosting service
1. If the hosting service is not in conformity with the contract, the USER may choose between demanding the
repair or replacement of the same, unless one of these options is impossible or
disproportionate. From the moment that the USER communicates to the HOTEL XAUEN, SL option
chosen, both parties must abide by. This USER’s decision is without prejudice to the
provisions in those cases where repair or replacement is not possible to put the service in accordance
with the contract.
2. Is considered disproportionate to any form of sanitation that imposes to HOTEL XAUEN, SL costs
that, in comparison with the alternative remedy, are unreasonable, taking into account the value
that would be the service if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative remedy could be done without inconvenience to the USER. The repair and replacement shall conform to the following rules:
– Will be free to the USER, the necessary expenses incurred to remedy the lack of conformity
of the contracted services.
– Will be carried out in a reasonable time and without significant inconvenience to the USER, taking into
account the nature of the services and the purpose for which you have for the USER.
– If you completed the repair and handed over the property, this remains not in conformity with the contract, the
USER may require the replacement of the same, the reduction of the price or rescission of the contract.
– If the replacement fails to put the property in accordance with the contract, the USER may require the
repair of the same, the reduction of the price or rescission of the contract.
The price reduction and termination of the contract
The reduction of the price and the rescission of the contract shall, at the option of the USER, when this may not require repair or replacement of the service, and in cases where these have not been carried out within a reasonable time or without significant inconvenience to the USER.
The resolution shall not apply when the lack of conformity is minor.
Criteria for the reduction of the price
The price reduction will be proportional to the difference between the value that the service had had in the time of the delivery having been in conformity with the contract and the value that the service actually delivered had at the time of delivery.
Deadlines
In the absence of proof to the contrary, delivery is understood to be made on the day shown in the booking.
The USER shall inform HOTEL XAUEN, SL of the lack of conformity in the moment in which you realize the same or, at most, at the end of the stay.
In the absence of proof to the contrary, it is understood that the USER communication has taken place within the specified period.
14. APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with Spanish legislation on matters not expressly established. HOTEL XAUEN, SL and the USER agree to submit to the courts and tribunals of the residence of the USER for any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER reside outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submit to the Agency for resolution of disputes which will act as the intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the necessity of resorting to the courts of justice. For more information, refer to clause 4. CLAIMS AND RESOLUTION OF DISPUTES IN LINE with these Terms.