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Sunotel in Barcelona | General contracting conditions

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General contracting conditions



The purchasing of products and services on www.sunotel.com, www.sunotelcentral.com, www.sunoteclubcentral.com, www.sunotelaston.com and www.sunoteljunior.com, owned by and hereinafter referred to as SUNOTEL BCN, S.L., will be subject to the conditions detailed in this document.

Acceptance of this document implies that the USER:
- Has read, understood and agrees with this text.
- Has the mental capacity to enter into a contract.
- Assumes all of the obligations set forth herein.

These conditions will have indefinite validity and will be applicable to all contracts entered into through the websites: www.sunotel.com, www.sunotelcentral.com, www.sunoteclubcentral.com, www.sunotelaston.com and www.sunoteljunior.com

Identity of the contracting parties:
On the one hand, the provider of the services contracted by the USER is SUNOTEL BCN, S.L., with registered office Gran Via de les Corts Catalanes, 570 - 08011 (BARCELONA), NIF B62180187 and with customer service telephone number 934948280.

And on the other hand, the USER.

Object of the contract:
The purpose of this contract is to regulate the contractual relationship between SUNOTEL BCN S.L. and the USER from the moment the latter agrees to the online contracting process. The contractual relationship for the reservation of accommodation applies to the renting of a room, for a limited time, in exchange for the payment of a given price as publicly displayed on the website.
Additional services can be reserved at the time of booking or requested during the stay.

Booking procedure:
The USER can register on the website by creating a user account, in order to access the services or products offered by SUNOTEL BCN S.L. To do this, the USER must freely and voluntarily provide the required personal data, which will be treated in accordance with the provisions of current regulations on
personal data protection, Regulation (EU) 2016/679 of 27 December April 2016 (GDPR) and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data. Further information is available on the Legal notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to make proper and appropriate use of these and not to make them available to third parties, as well as to notify their loss or theft or possible access by an unauthorized third party, so that SUNOTEL BCN S.L. can proceed to their immediate blocking.
Reservations may also be made without registering in the customer loyalty club.Whether with a user account or without registration, and in accordance with article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the reservation will be subject to the following conditions:
1. General contracting clauses.
2. Booking and payment process.
3. Cancellations.
4. Claims.
5. Force majeure.
6. Competence.
7. General terms and conditions of the offer.
8. Price and term of validity of the offer.
9. Purchasing process.
10. Guarantees and refunds.
11. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES
Unless otherwise specifically stated in writing, making a reservation will imply the USER’s acceptance of these legal conditions. No clause made by the USER may differ from these conditions unless expressly accepted in advance and in writing by SUNOTEL BCN S.L.

2. BOOKING AND PAYMENT PROCESS
Our booking engine calculates availability and rates automatically, so the USER can select a room of their choice and pay online using their preferred payment method. The costs occasioned by this method of payment will be charged to the USER.

Reservation confirmation:
Once the reservation is made, it will be confirmed instantly by email with all relevant details (address, contact information, dates, price, etc.)

Security in online payment:
SUNOTEL BCN S.L. undertakes to protect the data of the USER in full and neither see nor has access to at any time the number of the credit card entered in the form: this information is encrypted and will be visible exclusively to the bank.

Access to the room:
Arrival: Check-in is from 2pm.The USER should contact the hotel for options and supplements if earlier access is required.
Departure: Check-out should be by 12 noon at the latest. Late check-out may be requested, subject to availability and a supplementary charge.
The USER should be ready to leave, with bags packed, by 12 noon. If the USER or their effects remain in the room at that time, the USER will be understood to wish to extend their stay for one more night at the available rate.
Cots are available for babies 0-2 years old, free of charge, on request. An extra bed is available on request and with a supplementary charge for children up to 12 years old.
Children aged 12 and over will be considered adults.
Pets are not allowed.
The USER will be asked to show photo identification and a credit card on checking in.
Smoking is not allowed anywhere in hotel, except in the pool area.
Reservations of more than 5 rooms may be subject to supplementary charges and special conditions. SUNOTEL BCN S.L. will contact the USER once the reservation has been confirmed.
Certain specific characteristics of the room requested may be subject to availability and cannot be guaranteed.

Responsibilities of the USER:
The USER agrees to respect the Hotel’s norms and standards. Between 10pm to 9am the USER and their guests will respect the rest of others and refrain from making noise. In no case will the room be occupied by more persons than established as its maximum capacity.
Towels and/or clothes must not be hung on the balcony railings.
Opening hours of the pool are set by each hotel individually; generally, from 10am to 9pm. It is forbidden to stick objects such as parasols, awnings, etc., or to use inflatable mattresses inside the pool.
Children must always be accompanied by a parent or other responsible adult, under their responsibility.
The USER is responsible for the behaviour of all occupants of the room, SUNOTEL BCN S.L. reserves the right to remove any person behaving improperly, who will forfeit the right to any future claims or compensation.
SUNOTEL BCN S.L. will not be responsible for any damage arising, directly or indirectly, from the misuse of the accommodation, including but not limited to: destruction, loss from fire, theft, crime or accident.3. CANCELLATIONS (RIGHT OF WITHDRAWAL)
Payment and cancellation policies are in accordance with the rate chosen by the USER. The details are as specified during both booking and confirmation process.
Cancellations can be made on the website by accessing MY BOOKING.
Reservations, including non-refundable reservations, may be cancelled free of charge up to 2 hours from the confirmation of the reservation, after which the hotel will apply the cancellation policy chosen by the USER at the time of booking.

4. CLAIMS
We aim at all times to ensure that our guests have a pleasant stay. In the event of a breakdown in the electrical equipment or other facilities, the USER should immediately inform the Hotel in order for the situation to be rectified.
If SUNOTEL BCN S.L. is unable to provide the accommodation requested, as a result of damage caused by water, fire, etc., the USER will be offered an alternative with similar characteristics. If this should not be possible, payment will be refunded.

Online Dispute Resolution:
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the online resolution of conflicts between the USER and SUNOTEL BCN S.L., with no need to resort to a court of law, through the intervention of a third party, the Dispute Resolution Body,
which mediates between the two parties. This neutral body will consult both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE
The parties will be free from liability in the event of force majeure. Fulfilment of contractual obligations will be suspended for the duration of force majeure, which will be understood as a situation of natural hazard, act of God or other such circumstances as make provision of the service impossible.

6. COMPETENCE
The USER may not surrender, transfer or transmit the rights, responsibilities and obligations contracted. If any stipulation of these conditions is declared null or impossible to fulfil, this will not affect in any way the validity, legality and fulfilment of the rest nor will it modify in any way any other terms or
conditions.
The USER declares that they have read, understand and accept these General Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER
All transactions on the website will be subject to these General Conditions.
No modification, alteration or agreement contrary to the terms and conditions stipulated here will have effect without an express written agreement to that effect signed by SUNOTEL BCN S.L, in which case these particular agreements will prevail.
Given ongoing technical advances and product improvements, SUNOTEL BCN, SL reserves the right to modify the information provided in its advertising, without this affecting the value of the services offered. These modifications will also be valid if, for any reason, the supply of products or services is
adversely affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER
Rates are per room, in the currency selected by the USER, and include Value Added Tax (VAT). Barcelona city tax is not included and must be paid on arrival at the hotel. The rates applicable to each room are as published on the website. The USER accepts that the cost of certain services may vary in real time. Rates are subject to change until a reservation is confirmed.
SUNOTEL BCN S.L. will issue an invoice in the name of the registered USER or business making the reservation. This invoice will be provided at the end of the stay and on payment of all contracted services.
For any queries about bookings, the USER may contact customer service on (+34) 934 948 280 or via email at sunotel@sunotel.com.

9. PURCHASING PROCESS
Searching for accommodation:
Our booking engine incorporates a series of parameters to facilitate your choice of accommodation.
Booking:
The MY RESERVATION section details the characteristics of the accommodation, services included, optional extras and particular conditions applying.
The final price will be calculated according to the USER’s arrival and departure dates, the number of guests (adults and children) and any additional services reserved.

10. GUARANTEES AND REFUNDS
The guarantees of the products and services offered corresponds to the following articles, under Law 23/2003, of July 10, on Guarantees for the sale of consumer goods and services:
Conformity of the services with the contract:1. Goods and services will be understood as complying with the contract if and when they meet all of the requirements detailed below:
a) They are as described on SUNOTEL BCN S.L.’s website.
b) They are suitable for the purposes for which services of the same type are ordinarily used.
c) They are suitable for any special purpose stipulated by the USER and SUNOTEL BCN S.L at the time of entering into the contract, provided that the latter has accepted that the service is suitable for this use.
d) The quality and benefits of the service are such as the USER can reasonably expect, taking into
account its nature and, where appropriate, the specific characteristics of the services as given by SUNOTEL BCN S.L, in good faith.

2. Non-compliance with the contract in the form of a failure to perform or provide a service will be taken as a breach of the contract in the event that such failure is the responsibility of SUNOTEL BCN S.L.; on the contrary, in the event that failure to perform or provide a service is due to negligence or bad practice on the part of the USER, it will not be taken as a breach of the terms of the contract.

3. SUNOTEL BCN S.L. will not be responsible for any non-compliance of which the USER can be expected to be aware at the time of entering into the contract or that has its origin in information provided by the USER.

Responsibility of SUNOTEL BCN S.L.:
SUNOTEL BCN S.L will be answerable to the USER for any non-compliance during their stay and recognizes the USER’s right to have any service made good or substituted by another and to terminate the contract.

Making good and substitution of products and services:
1. If the service is not in compliance with the contract, the USER may choose to demand that it be made good or substituted by another, unless either of these options should be impossible or disproportionate. From the moment that the USER communicates the chosen option, both parties must abide by this.
2. Any form of making good or substitution entailing costs that may be deemed unreasonable in comparison to some other form shall be considered disproportionate, taking into account the value that the service would have if there were no lack of compliance, the relevance of the lack of compliance and
whether the alternative solution could be provided without major inconvenience to the USER.

Terms of making good or substitution of the product:
Making good or substitution will conform to the following terms:
The USER will not be liable for any expenses incurred in making good the non-compliance of the contracted services.
Such making good will be carried out in a reasonable period of time and without major inconveniences to the USER, taking into account the nature of the service or services and their purpose for the USER.If after making good or substitution, the service or services is still not in accordance with the contract,
the USER may demand a further making good or substitution or the termination of the contract.

Deadlines:
In the absence of prove to the contrary, the service will be provided on the day that appears on the booking confirmation. The USER must inform SUNOTEL BCN S.L. of any non-compliance with the contract at the time of becoming aware of it.
In the absence of prove to the contrary, it will be understood that the USER's communication has taken place within the established period.

11. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation unless an alternative is expressly stipulated and agreed to. SUNOTEL BCN, S.L. and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these conditions to the courts and tribunals in or closest to BARCELONA. In the event of being domiciled outside of Spain, the USER expressly waives any forum other than the Spanish jurisdiction established above.

 
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