General booking conditions
I. BACKGROUND INFORMATION
These terms and conditions (as may be amended from time to time) apply to all direct or indirect services available online, via any mobile device, by email or by telephone. By accessing, browsing and using our website and/or making a reservation, you agree that you have read, understood and agree to the terms and conditions below (including the privacy policy).
GESTION HOTELERA LA MARINA, SL, in compliance with the provisions of Law 34/2002, of July 11, 2002, on services of the information society and Electronic Commerce, makes available to the User in this document the following General Conditions of Contract.
The user agrees to fill in the forms offered by GESTION HOTELERA LA MARINA, SL to make a reservation with the personal data and additional information requested and that are considered essential for the provision of the service.
On the other hand, and in order to comply with RD933/2021 of October 26th, the user will have the obligation to provide all the data of the DNI, including the support number, and complete address data, as well as the relationship in case there is a minor.
The contract may be executed in Spanish or English.
The User will be able to verify the data in the booking summary screen that will appear just before connecting to the payment gateway.
The User shall have access, prior to the start of the service contracting procedure, to the General Contracting Conditions, which may be stored and/or reproduced on a durable medium.
GESTION HOTELERA LA MARINA, SL guarantees through the provisions of these General Conditions of Contract, full compliance with the regulations on the defense of Consumers and Users that may be applicable to protect their legitimate interests from the beginning to the completion of the process of contracting products and services provided through the page, as well as compliance with Law 7/1998 of April 13 on General Contracting Conditions, Royal Decree 1906/1999 of December 17, 1999 regulating Telephone or Electronic Contracting with general conditions and 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 the free movement of such data.
III. CONTRACTING PROCEDURE.
The accommodation booking service offered by GESTION HOTELERA LA MARINA, SL on its website is for the purpose of booking rooms. The contracting procedure consists of the following phases:
- First: Select the BOOK option from the main page or from the offers section to choose the dates of stay and number of people to evaluate availability.
- Second: Choice of the type of room, number of rooms.
- Third: Selection of supplements and additional services with a sample of the final price.
- Fourth: Insertion of personal data related to the reservation, as well as the bank card used as a guarantee of the reservation, and acceptance of the general conditions of the reservation.
- Fifth: Formalization of the reservation, sample confirmation page.
- Sixth: Sending of email confirmation of the reservation with reservation data.
Phase 1 “Selection of period of stay”: In this phase the User does not need to register, it will be enough to enter in the web form their preferences in terms of dates, number of rooms and number of people that will make up the reservation.
Phase 2 “Availability check”. After validating the data entered and according to these values, the next step will show the User the availability of the hotel establishment.
Phase 3 “Introduction of personal data”. In this step the User must enter his contact data in the form created for this purpose. The fields of this form are all mandatory, so you must fill them in before formalizing the reservation.
Phase 4 “Summary of the reservation”. Once the previous form has been validated, the User will obtain on screen a summary of the reservation. The purpose of this step is for the User to check the data previously entered in order to ensure that no errors have occurred. In this step the User will be able to go back to correct the detected errors or to continue with the reservation and connect with the contracted payment gateway.
Phase 5 “Payment of the reservation”. See point VIII. METHOD OF PAYMENT AND PRICE
GESTION HOTELERA LA MARINA does not store in its systems the data of your credit card, as these are provided by the User to the payment gateway -by secure means- to make the payment of the reservation.
After the payment of the reservation, the User will receive within 48 hours, an e-mail – to the address provided by the User during registration – with the reservation locator and a summary of the reservation.
It is important that you check your email inbox during this period. If you notice that you have not received the confirmation email, please check the messages marked as SPAM and in the SPAM folders in case the email has been stored in them automatically. In this email appears the Locator of your reservation and it is necessary to be able to make any modification or claim of the same one. The present Conditions, regulate the legal relation derived from the processes of contracting formalized by the Users through the web site of GESTION HOTELERA LA MARINA, SL.
Users expressly accept full and unreserved adherence to these stipulations, in the version published by GESTION HOTELERA LA MARINA, SL at the time the User contracts the service and/or content in which he/she is interested. Therefore, the User undertakes to read carefully the contracting conditions, each time he/she proceeds to the contracting of any service, given that by accepting the General Conditions of contracting the User declares:
- 1. That he/she is a person with the capacity to contract.
- 2. That you have read and accept these general terms and conditions.
IV. MODIFICATION OF THE TERMS AND CONDITIONS OF THE CONTRACT.
GESTION HOTELERA LA MARINA, SL may modify these terms and conditions provided that there is sufficient cause or reason to do so, publishing such modifications on the website. It is understood that there is sufficient cause or reason for the modification, including but not limited to, when it is intended:
- a. Expand the range or number of services made available to Users or improve existing ones.
- b. Modify, replace or update the prices of the services offered through the website.
The period of validity of these conditions will be the time they remain published on the website and will apply to the services purchased at the time these conditions were available.
In any case, GESTION HOTELERA LA MARINA, SL reserves the right to modify them unilaterally, without affecting the services contracted by users prior to the modification, except in those cases in which the user has changed or modified the contracted service, in which case the conditions in force at the time of the change and / or modification will apply.
V. CONDITIONS OF USE.
This Site is intended solely for users over the age of eighteen. Registration on, use of, or access to the Site by persons under the age of eighteen is not permitted except through their legal representatives and is a violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are over eighteen years of age and agree and undertake to comply with all the terms and conditions of this Agreement.
The User undertakes and warrants to use the website and the services made available on it in accordance with the provisions and purposes set forth in the general and specific conditions of contracting hotel reservations, the provisions of the applicable regulations, as well as those relating to morality and decency.
Similarly, the User shall refrain from obtaining the contents provided on the website by illicit or fraudulent means, theft or plagiarism of the same, in accordance with the provisions of the Penal Code and the applicable regulations.
GESTION HOTELERA LA MARINA, SL reserves the right to deny access to the site, without prior notice, to any User who contravenes the provisions of these general conditions of contract.
For its part, the User agrees not to make unlawful use of the contents of the website, or that may be detrimental to GESTION HOTELERA LA MARINA, SL. Therefore, the User will refrain from modifying, copying, distributing, publishing, transferring and/or selling any information or appearance concerning the website owned by GESTION HOTELERA LA MARINA, SL.
a. Hyperlinks and secure environment.
GESTION HOTELERA LA MARINA, SL, is not responsible for the websites linked to this one, so it is not responsible for their contents. The risks arising from the consultation of such websites correspond exclusively to the Users, who must abide by the terms, conditions and legal notices of the same, which also GESTION HOTELERA LA MARINA, SL is not responsible.
GESTION HOTELERA LA MARINA, SL, through the website, uses technological means to ensure the protection of information. The entire process of contracting services is done in a secure environment, having a secure server SSL.
b. Intellectual and Industrial Property.
GESTION HOTELERA LA MARINA, SL is the owner of the Intellectual and Industrial Property rights of the elements that make up the design of the website as the brand, trade name or distinctive sign. In particular and without limitation are protected by copyright, logos, color combinations, selection and form of presentation, the source code of the website, menus, navigation buttons, HTML code, Java applets, text, images, graphics, and any other content of the website owned by GESTION HOTELERA LA MARINA, SL.
The User undertakes to respect the intellectual and industrial property rights of the Platform; the User will refrain from copying, reproducing, distributing, making available or public communication of the content of the website, without the express written authorization of GESTION HOTELERA LA MARINA, SL.
c. Limitation of liability.
The User expressly exonerates GESTION HOTELERA LA MARINA, SL from all liability for direct and indirect damages arising from possible errors on the web, as well as for the possible interruption, suspension, delay or anomaly in access to it.
GESTION HOTELERA LA MARINA, SL undertakes to take the utmost care to preserve the website of any viruses, Trojans and other elements that could violate or damage the computer system of the User or third parties. In any case, the user disclaims any liability to GESTION HOTELERA LA MARINA, SL, for direct or indirect damages caused by the possible existence of such harmful or malicious elements.
d. Protection of Personal Data.
User access to the portal and the reservation of the services offered through the website involves the processing of personal data. For GESTIÓN HOTELERA LA MARINA, S.L., compliance with the regulations on personal data protection and services of the information society and electronic commerce is of great importance.
Access to the BOOKING process will require the User to provide personal data. GESTIÓN HOTELERA LA MARINA, S.L., guarantees the confidentiality of personal data provided by users, in accordance with the provisions of the regulations on Protection of Personal Data, and Services of the Information Society and Electronic Commerce. GESTIÓN HOTELERA LA MARINA, S.L. complies with current legislation on data protection, having adopted the necessary administrative and technical procedures to ensure the security of personal data we collect.
In this sense, the User is informed and gives his consent to the incorporation of his data to the processing carried out by GESTIÓN HOTELERA LA MARINA, S.L. We remind you that you have all the information about the purpose, basis of legitimacy, responsible for treatment… in the section “Privacy Policy” of the website (Section 3. Reservations) https://www.marinahotelbenidorm.com/files/politica- privacy.pdf.
In the event that you have contracted our services through the “Tarifa Viaje Seguro”, you are accepting that we transfer your personal data to the entity FLEXMYROOM INSURETECH, S.L., domiciled in Benidorm (03503 – Alicante), Calle Gerona, 13, Local CA 18, and with CIF number B42687616, with the sole purpose that you can benefit from the cancellation and travel assistance insurance that this entity offers.
This entity will cancel your personal data when the service has ended and the legally established deadlines have been met.
You may exercise your rights of access to data, rectification or deletion of data, limitation of use of data, opposition to the use of data and data portability at the email address: datos@flexmyroom.com
The User declares that all data provided by him are true and correct, and undertakes to inform GESTIÓN HOTELERA LA MARINA, S.L. any changes that occur in them. The user has the right to object to the processing of any of their data that are not essential for the conclusion of the contract and its use for any purpose other than the maintenance of their contractual relationship. The privacy policy of GESTIÓN HOTELERA LA MARINA, S.L. guarantees the User in any case the possibility of exercising their right of access, rectification, cancellation and opposition of their data, notifying GESTIÓN HOTELERA LA MARINA, S.L. by sending an e-mail to the e-mail address: central@marinaresortbenidorm.com
Likewise, and in compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce, GESTIÓN HOTELERA LA MARINA, S.L. will only send offers or advertising and promotional communications by electronic means to your email address or through other equivalent electronic means of communication, to those Users who have expressly granted their consent. GESTIÓN HOTELERA LA MARINA, S.L. informs the User that he/she may unsubscribe from this type of communications by following the instructions that appear at the end of all our emails or by writing to the following email address: central@marinaresortbenidorm.com
e. Newsletters
To request information about our promotions and receive communications about our services, you must access by clicking on the “Newsletter” button, and you must complete the user registration. Once you press this button the system will take you to a form with fields to fill in with your personal data (name, e-mail address, country).
Once you have filled in all the data, click on the “Send” button. The registration system will display the data for verification by the user or, if necessary, for modification, indicating in red and with an asterisk those fields that need to be corrected. Once you have verified or corrected your data, press the “Submit” button and you will be automatically registered.
Remember that you must read and accept the terms of use and the privacy and cookies policy whose links appear on the registration page, before confirming your registration on the site. In addition, once you have completed the above registration process the system will send you within 24 hours a message to the email address you entered in the
registration form, confirming your registration and a URL address from which
can download and/or print these terms and conditions. If, once registered, you wish to correct or modify any of the fields you have entered as user profile, you should contact us through this email: central@marinaresortbenidorm.com
You may unsubscribe from the System at any time you wish. To do so, you must send an e-mail to the following address: central@marinaresortbenidorm.com, identifying yourself as a user and indicating in the subject of the e-mail the word “Unsubscribe from the System”. We will proceed to the cancellation of your account in the System.
VI. RIGHTS AND OBLIGATIONS OF THE USER.
a. Obligations of the User:
The User agrees to:
– Carry out full compliance with the provisions of these conditions of the services provided by GESTIÓN HOTELERA LA MARINA, S.L
– Complete the registration forms prior to the start of the contracting procedure with accurate and current information.
– Omit sending messages that in any way prevent or hinder the normal operation of the service. In any case, the User will be solely and fully responsible for the content of the messages he/she writes or sends, as well as for the data he/she provides.
– Pay the price of the contracted services, without the filing of a complaint or claim exempting you from this obligation.
– Comply with the particular rules of the hotel establishment whose services you enjoy.
– To observe the rules of hygiene, education and good manners towards the rest of the users and the staff of the hotel establishment that provides their service.
b. User’s rights:
– All information provided to the client shall be binding for the offeror under the terms established by the legislation in force.
– Every User of the contracted services has the right that the services acquired are of the category and legal requirements contracted or of that quality that is in direct proportion to the category of the establishment.
– The establishment is obliged to have at the disposal of the client the book of complaints where to register their complaints. To make a complaint, ask for these sheets, fill in your personal data and clearly indicate the reason for the complaint.
VII. CONFIRMATION OF RESERVATION
Upon booking the user will receive an email or SMS with a confirmation voucher. The user will be able to print this voucher in which the user is informed of all the details of the reservation contracted online as well as the detailed price information.
The user agrees to carry the reservation confirmation voucher and to show it at the time of check-in (it is not necessary to print it, it would be enough to show it through a digital device), accepting that, if such document is not presented, the reservation conditions cannot be guaranteed.
VIII. FORM OF PAYMENT AND PRICE
The prices and rates applicable to the contracting by the user of the services, will be those appearing on the website owned by GESTION HOTELERA LA MARINA, SL, at the time the user accesses the specific service, and proceeds to initiate the hiring process.
All prices are shown including VAT/taxes.
The currency exchange rate is for information purposes only, as our rates are only published in Euros.
As a general rule, the price of the reservation includes exclusively: accommodation, accommodation and breakfast, accommodation and half board or full board accommodation. The availability and price or gratuity in special services such as: transfer to or from the airport, details in the room, etc. that could not be included in the calculation of the on-line reservation, will be subject to confirmation by GESTION HOTELERA LA MARINA, S.L.
GESTION HOTELERA LA MARINA, S.L. reserves the right to modify the rates published on the website when it deems appropriate.
If you choose to book the Pay As You Go rate, in any of its modalities, (Non-Refundable or partially refundable, (How Safe Travel Rate(*), or others that may be added under this policy of total or partial payment), the payment method will be through a secure e-commerce gateway / Redsys payment gateway.
Travel Insurance Rate(*). The charge for the first night will be made at the time of booking. Upon arrival at the hotel you will pay the outstanding amount during the check in process.
The entire operation will be performed in a 3-D Secure environment.
3-D Secure (3DS) is a security protocol designed to ensure enhanced security and strong authentication for your online credit or debit card purchases. Depending on the type of card, it is called “MasterCard Identity Check”, or “Visa Secure”, which are the cards we accept in-store. You may have to enter a special security code or log in to your card issuer’s online banking application to authorize a payment. Card issuers have different methods of authenticating their customers, so if you are unable to complete the process, you may need to contact your bank.
The reservation will not be effective until the total amount of the reservation has been paid in full.
If you choose to book the non-prepaid rate (flexible, standard, or any other designation at the time of booking or others that may be available under this payment policy), you will pay upon arrival at the hotel, by credit card or cash.
If the standard rate is chosen, the client will not have to make any payment until the arrival at the hotel, although Gestión Hotelera La Marina reserves the right to send the Paygold link (*) 48 hours before the arrival at the Hotel in order to pay the amount of the first night or the only night (if it is a reservation of only one night) as it is established in the cancellation/payment policy. The period of 48 hours may vary being the one applicable at the time of booking.
Upon arrival, guests must present the credit card used to guarantee the reservation. If none of the guests is the holder of the credit card, they must contact the property in advance.
Reservations without advance payment, for two or more rooms, are considered “group reservations” and are subject to special conditions. For this type of reservation, you must pay the amount corresponding to one night’s stay of the total reservation. GESTION HOTELERA LA MARINA, S.L. may send you a link by email and/or sms in which you must make the payment by authenticating yourself in the appropriate manner. The link will be sent through the Redsys platform called Paygold. (*) Paygold is a type of payment in which the merchant sends a payment URL via SMS or email to its customers. Once customers have received this URL, they only have to access and enter their card details to make the payment. The reservation will not be effective until the payment has been made. In case of payments to third parties, there will only be the option of payment in advance of the contracted services by bank transfer or similar, irrevocable.
Upon arrival, guests must present the credit card used to guarantee the reservation. If none of the guests is the holder of the credit card, they must contact the property in advance.
In compliance with Article 7 of Law 7/2012 of October 29, 2012, no cash payments in excess of 1,000 euros will be accepted for customers of Spanish nationality and/or tax residents, or 10,000 euros for non-resident customers.
The total and final calculation of the reservation includes V.A.T., unless not expressly included. Any other fee or tax that affects the final price will be paid additionally at the hotel establishment.
Clients are obliged to pay for the rest of the services invoiced upon arrival at the same establishment.
IX. CANCELLATION OF THE RESERVATION.
The reservation made can be canceled through the web in the section “manage your reservation” included in the booking confirmation email. In this section will appear all the details of your reservation, by clicking the cancel button, your reservation will be canceled. The user will receive an e-mail confirming the cancellation.
In the event that you cancel your reservation and you have also booked the transfer or transfer to and from the airport through the form on our website, you will have to cancel the booked transfers, otherwise you will be charged the cost of the transfers.
You can also modify or cancel your reservation in our Reservation Center via e-mail to central@marinaresortbenidorm.com always indicating the reservation number and/or locator and your personal data.
In the event of cancellation of the reservation by the client, the company shall be entitled to be reimbursed the management fees that are duly justified, taking into account the following criteria indicated at the time of booking in the cancellation policy stipulated:
– The rate without prepayment, cancellation without charge up to 2 days before arrival. After that time if the customer cancels, 1 night or the total amount if the reservation is for a single night will be charged on the card provided by the customer. Also if the client does not show up or leaves early.
– The Paga Ya rate, it is not possible to cancel without penalty. For the confirmation of the reservation
the hotel must have received full payment, otherwise the reservation will be canceled. No refund is allowed in case of cancellation, early departure or no-show.
– Safe Travel Rate. In case of modification, cancellation or no show, the amount
charged will not be refunded by GESTION HOTELERA LA MARINA, SL. In case of cancellation, modification or no show, you should contact the contracted insurance. Reasons for cancellation, there are 25 reasons specified in the policy. Reasons for exclusion, those indicated in the policy.
When it is the establishment that does not attend the reservation confirmed by it, it will give the client the option to choose between:
a) to occupy another accommodation of equal or superior characteristics and category
b) an indemnity for an amount equal to twice the advance payment made.
Refunds will be made through the Paygold gateway of Redsys secure commerce and/or bank transfer to the account of the reservation holder, at the latter’s expense.
X. MODIFICATION OF THE RESERVE
The User will be able to modify the reservation during the entire online booking process. You can also modify your reservation in our Reservation Center via e-mail
to central@marinaresortbenidorm.com or through the section “manage your reservation”
included in the booking confirmation.
In case you modify your reservation and you have also booked the transfer to and from the airport through the form on our website, you will have to modify the booked transfers, otherwise, you will be charged the cost of the transfers.
Changes of ownership of reservations will not be accepted. Any modification will imply the cancellation of the original reservation and the new reservation will be accepted depending on the availability of places in the contracted hotel and according to the price and conditions existing at the time of making the new reservation, with no obligation on the part of the HOTEL to respect the conditions prior to the modification.
ANY CHANGE OF RESERVATION DATE notified more than 72 hours prior to the scheduled check-in date, will entitle to transfer the amount charged to a future stay, in the same establishment and in the name of the same owner, before December 31 of the current year or the date of the hotel’s seasonal closure.
Only one change of date per reservation will be allowed, which may not be fragmented into different stays, nor be used for any other purpose other than the payment of the stay itself. Also, the change of date will be subject to availability.
In the event that the rates applicable on the date of the new reservation are higher, the customer must pay the difference, and cannot claim any amount in the opposite case, namely that the rate is lower.
If the reservation is canceled without notice or the customer does not show up at the hotel on the contracted date, the compensation costs will correspond to the amount paid on the reservation for one night and there will be no possibility of modification or refund.
THE HOTEL will not reimburse any amount for early departure of guests.
The offers will be valid only during the period set by GESTION HOTELERA LA MARINA, SL in advertising, or failing that, during the time they are accessible to customers for their effective recruitment.
XI. TO BE TAKEN INTO ACCOUNT.
– As a general rule and unless expressly agreed otherwise, rooms may be used from 16:00 hours on the day of arrival and must be vacated before 12:00 hours on the day of departure. The reservation will be guaranteed until 20:00 hours on the day of arrival so, in the event that the user expects to arrive at the hotel at times other than those outlined will be convenient to communicate as far in advance as possible such circumstance to the hotel where the reservation has been made via telephone at +34965853762 always indicating the reservation number.
– Wi-Fi internet connection is available in the rooms. Free of charge.
– Parking. Public parking is available nearby. Reservations are not possible. Price:
10 EUR per day. Parking is subject to availability, as spaces are limited.
– Half board (breakfast and dinner – no possibility of change) and full board do not include beverages.
– Christmas lunch is included in the room rate. It is served in the hotel lounges.
– The New Year’s Eve Gala dinner is included in the room rate. It is served in the hotel lounges
– Pets are not allowed.
– Deposit to cover possible damages. A deposit to cover possible damages or extra-cleaning of 150€/person may be requested upon arrival at the hotel by credit card. If the deposit is requested, it will be returned to you after check-out after the room has been inspected. Depending on the financial institution you work with, it may take between 5 and 21 business days to have the deposit money available.
– Upon arrival, guests must present the credit card used to guarantee the reservation. If none of the guests is the holder of the credit card, they must contact the property in advance.
XII. NOTIFICATIONS.
All notices, summons, requests and other communications to be made by the parties in connection with these General Terms and Conditions shall be in writing and shall be deemed to have been duly given when delivered by hand or sent by ordinary mail to the other party’s address or e-mail address, or to any other address or e-mail address that each party may indicate to the other party for this purpose.
XIII. PERIOD OF VALIDITY
The period of validity of these conditions will be the time they remain published on the website and will apply to the services purchased at the time these conditions were available.
In any case, GESTIÓN HOTELERA LA MARINA, S.L., reserves the right to modify them unilaterally, without affecting the services contracted by users prior to the modification, except in those cases in which the user has changed or modified the contracted service, in which case the conditions in force at the time of the change and/or modification shall apply.
XIV. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these conditions is declared totally or partially null or ineffective, such nullity shall only affect such provision or the part thereof that is null or ineffective, and the conditions shall survive in all other respects.
XV. APPLICABLE LAW
Both parties agree that the law applicable to the operation of this service is Spanish and submit to the jurisdiction of the Courts and Tribunals of Benidorm and hierarchical superiors for the resolution of disputes arising from the interpretation and application of this contract.
