In accordance with the provisions of art. 10 of Law 34/2002 of 11 July, on information society services and electronic commerce, we make the following general information available:
1. Aquahotel.com is a domain in the network owned by HOMARGRUP S.A., with registered offices in Avda. del Mar no. 16, 08398-Santa Susanna, Barcelona, Spain, telephone (34) 93 767 82 11, fax (34) 93 767 80 78, e-mail firstname.lastname@example.org, recorded in the Companies Registry of Barcelona volume 23,501, sheet 35, page B-55770, Fiscal Identity Code A-58.253.816.
2. HOMARGRUP S.A., hereinafter AQUA HOTEL, offers in its website information regarding the type of activities, products and services that the company carries out. Aquahotel.com and the pages contained therein offer information on the Hotels and establishments of the AQUA HOTEL group, as well as those managed or franchised by it. AQUA HOTEL is the corporate image of the hotel group to which HOMARGRUP S.A. belongs.
Use of the AQUA HOTEL website and the products and services contained therein constitutes for the users their acceptance of the General Contracting Conditions and of the rules or conditions of use that are listed below and are included in the latest updated version, for which it is important that the user reads them each time he visits the site, as well as all the specific conditions of each product or service, which must also be accepted.
CONDITIONS OF USE
1. By accessing and using this web site, you agree to being bound by the conditions that are stated below, for which reason it is recommended that you carefully read this section before beginning. AQUA HOTEL reserves the right to change, modify, add or eliminate at any time part of these conditions and to make changes in the products and programs included in this site without prior notice. We ask that you periodically review the possible changes.
2. Limitations of use. Limitation for personal and noncommercial use. This web site is for your personal use, never commercial. Modification, copying, distributing, transmitting, reproducing, publishing, marketing, selling or any other activity that can be carried out with the contents of these web pages is prohibited, nor can the sources be cited, except with written consent from AQUA HOTEL.
3. Responsibilities. The use of this web site is done at your own risk. Therefore, AQUA HOTEL or its representatives or agents will not be responsible for any loss or harm or damage, direct or indirect, special or causal, in any form connected with or that result from the use of this site or of any information from AQUA HOTEL. The documents and photographs published in this web site could include technical inconsistencies or typographical errors. The information is subject to periodic changes and AQUA HOTEL can make at any time improvements or changes in the products or programs described herein. AQUA HOTEL does not respond for the truth of the information that is not of its own elaboration and which is indicated by another source, for which it does not assume any responsibility regarding hypothetical damage that could originate from the use of this information.
4. Copyright and information on Industrial and Intellectual Property Rights. This page contains and refers to register trademarks and other intellectual and industrial property rights under licence of AQUA HOTEL, none of which are granted to third parties. All the contents of this page, such as text, graphs, logos, icons, images, data compilation, as well as software are the exclusive property of AQUA HOTEL, and all are protected by international copyright laws. AQUA HOTEL reserves the use of civil and/or criminal legal actions against those natural or legal persons and their representatives that violate the provisions of these legal usage conditions, especially as regards copyright laws.
5. Links. AQUA HOTEL is not responsible for the information contained in the web sites of third parties to which you may access through links or search engines of the AQUA HOTEL website. Their presence in the AQUA HOTEL web page is merely for informative purposes and in no case signifies suggestion, invitation or recommendation of them.
6. Data treatment. AQUA HOTEL guarantees the confidentiality of the personal data provided by the clients and its automated processing in accordance with legislation on the protection of personal data and, in particular, the Organic Law 15/99 of 13 December on Personal Data Protection. The client has the right to exercise his right to access, rectify, cancel and oppose, in the offices of AQUA HOTEL, Avenida del Mar No. 16, 08398 - Santa Susanna, Barcelona Spain, or by sending a fax to (34) 93 767 80 78 or an e-mail to email@example.com.
7. Other conditions. By merely using this web site there does not exist any agreement, contract, commitment, employment relationship, business or agency between AQUA HOTEL and the user except for the cases of on-line reservations of this web that will be regulated in the General Contracting Conditions and by the formalities that must be followed to execute the contract.
1. DATA PROTECTION. AQUA HOTEL is obliged to comply with the rules on personal data processing treatment, specifically with the Organic Law 15/1999 on Personal Data Protection and Royal Decree 994/1999, which enacts this law. AQUA HOTEL will process its clients' data in an automated manner and guarantees that the files containing the information, where applicable, are its full responsibility and are duly declared in the General Registry of the Data Protection Agency. A client of AQUA HOTEL may exercise his right of access, rectification, cancellation or opposition, by communicating in writing to the supervisor of data processing and holder of the files where his personal data are found: AQUA HOTEL, Computer Department, Avda. del Mar No. 16, 08398-Santa Susana, Barcelona, Spain.
2. SERVICES AND RESERVATIONS. By filling out the form for service and reservations, each holder authorises AQUA HOTEL to use and process in an automated manner the personal data supplied for the purpose of processing the requested reservation and/or to manage the services and/or commercial products offered in aquahotel.com. The client who makes a reservation is informed that his personal data will be consigned to the destination hotel, for the purpose of making the reservations and guaranteeing its execution.
3. CONFIDENTIALITY. AQUA HOTEL guarantees the confidentiality of the personal data of its users, as well as using security measures set forth in the Spanish regulations on data protection regarding third parties, although it will reveal to the competent Public Authorities the personal data it has available if it is required by the Authority in accordance with current law. In any case, the holders of the data have the right to access, rectify, cancel and oppose, as well as the right to revoke his consent in the processing and assignment of his data, as provided in Organic Law 15/1999, of 13 December, on Personal Data Protection.
GENERAL CONTRACTING CONDITIONS
The use of the services or the contracting of products of AQUA HOTEL signifies the acceptance of these following general contracting conditions, so that you state and accept:
2. In order to contract the offered services, the user should not register as a client, but should provide some essential data for his identification and making the reservation, such as first and last names, address and any other that the website requires for the effective contracting of the service for which purposes he declares that all the information supplied at the time of contracting is true, complete and concise.
3. This website is for your personal use, never commercial use, so that the reservation of the products and services offered is prohibited for natural or legal persons who act as intermediaries in fact or under law for later reselling or distribution. AQUA HOTEL reserves the right to limit the number of reservations contracted by a single person or client, as well as according to the availability of the hotels and of the contracting programming outside Internet.
4. Only those pages that figure within the web map make up the website.
6. Making the reservation according to the instructions on the web page, you confirm the dates indicated therein, as well as the number of rooms, the number of persons and the hotel chosen. The conditions and the price of the reservation contracted are those that are specifically set in the website and that have been specifically accepted by you. The prices of the reservation includes lodging, breakfast and the regime contracted of half or full board, where appropriate, but not including any other optional "extra" or any other service that does not show specifically contracted through the aquahotel.com system. The prices of the reservation include the V.A.T., unless such mention is specifically omitted. Any other fee or tax that is due from the lodging shall be paid additionally in the hotel.
7. Your reservation will be confirmed after the payment of a (1.-€) deposit with the credit card details you have provided, the 1€ payment will be confirmed on screen during the reservation process. The outstanding is to be paid directly at the hotel. In case of cancellation, please note, the 1€ deposit is not refundable under any circumstances.
In case of cancelling the reservation in a period of 5 or more days in advance of the date of arrival, no further charges will be imposed by the hotel .
If however, you cancel your reservation 4 days or less before your arrival date or you don´t show up on your arrival date, your credit card will be charged 30% of your total reservation cost.
8. In accordance with the provisions of article 3.2 of the Royal Decree 1906/1999 of 17 December, which regulates telephone or electronic contracting with general conditions, and in article 28.1.b) of the Law 34/2002 of 11 July, on information society services and electronic commerce, this contract is of single performance and AQUA HOTEL will send the confirmation of the reservation as soon as possible from the time the accepting party has completed the reservation procedure and will do it to the electronic mail address that the latter had previously supplied.
9. In accordance with the provisions of art. 27.3 of Law 34/2002 of 11 July, on information society services and electronic commerce, all the offers will only be valid during the time that they remain accessible to the addressees of the service for their effective contracting through the system established by aquahotel.com.
10. In case that AQUA HOTEL communicates its cancellation of the reservation for reasons of force majeur, understanding as such those circumstances that would not have been able to be avoided despite of having acted with due diligence, the reservation will be cancelled without right to claim or compensation by the user or client. This case must be communicated, if it is possible, by the channel used for confirming the reservation, and will imply the return of the deposit made in accordance with the information provided with your credit card.
11. In accordance with the provisions of art. 21 and 22 of Law 34/2002 of 11 July, the information society services and electronic commerce, AQUA HOTEL may send commercial advertising of its products and services to the electronic address provided by the accepting party if the latter so authorises in the selection that will be shown in the reservation process. The accepting party can revoke his consent at any time by sending an e-mail to firstname.lastname@example.org.
12. All notifications, requirements, petitions and other communications that are made by the parties regarding these general conditions must be made in writing and will be understood that they have been duly made when they have been sent by fax, delivered by hand or sent through regular mail to the address of the other party or to his electronic address.
13. If one or several of the clauses included in the general conditions or in the conditions for use were declared totally or partially null and void, this will only affect that provision or that part that was so declared, subsisting the general conditions or the conditions for use in all the rest, leaving such provision or the affected part as not implemented.
14. The user accepts that the law applicable to the functioning of this service is the Spanish Law and is subject to the jurisdiction of the Courts of Arenys de Mar, Barcelona, for the resolution of any disputes that are derived from this interpretation or application of these clauses. AQUA HOTEL reserves the right to make the changes that it considers appropriate in the terms and conditions set forth herein. The applicable law is that regulated by the following provisions: General Contracting Conditions Act 7/1998 of 13 April; Law 26/1984 of 19 July, General Law for the Defence of Consumers and Users; Retail Trade Regulations Act 7/1996 of 15 January; Royal Decree 1906/1999 of 17 December by which the Telephone or Electronic Contracting is regulated with general conditions; Organic Law 15/1999 on Personal Data Protection; Royal Decree 994/1999 of 11 June that enacts the aforementioned Organic Law, and Law 34/2002 of 11 July on Information Society Service and of Electronic Commerce, and subsidiarily the Civil Code and Commerce Code.