General Terms and Conditions - Castell de la Solana

CASTELL DE LA SOLANA: GENERAL TERMS & CONDITIONS / TÉRMINOS Y CONDICIONES GENERALES / ALGEMENE VOORWAARDEN

Article 1: Definitions

Castell de la Solana: Castell de la Solana S.L., Partida la Coma, Alcalalí, Alicante, Spain, including its brand names, for example Hotel Castell de la Solana; Home of Innergy; and Jalonvallei.nl .
Services: the provision of accommodation in the widest sense, plus all associated work and/or services such as, but not limited to, activities and facilities offered.
Client: the natural person or legal entity that has a contract for Services with Castell de la Solana. The term ´Client’ shall also include the intermediary that has concluded a contract for Services, whether or not this is done in the name of his/her principal.
Guest: the person to whom the Services rendered by Castell de la Solana concern under the contract concluded with a Client. Where these General Terms and Conditions refer to a Guest, Guest also includes the person(s) accompanying such a Guest. Unless explicitly provided otherwise, these General Terms and Conditions use the terms ‘Guest’ and ‘Client’ interchangeably.
Contract: the contract concluded between Castell de la Solana and the Client, under the terms of which Castell de la Solana renders Services for the Client and/or the Guest in return for payment by the Client and/or the Guest. Where these General Terms and Conditions refer to a Contract, this term also includes any other agreement to which these General Terms and Conditions are declared applicable.
Reservation Value: the monetary value of the Contract, in euros, unless a different currency is explicated.
Reservation: reservation made via Castell de la Solana’s online reservation tool, email, telephone or otherwise, as a result of which the Client and Castell de la Solana have arranged a contract, which lays down the period during which the terms and conditions apply and under which the Contract will be performed.
Law: Spanish Law applies and any conflict shall be governed by the Court of Dénia.

Article 2: Applicability

2.1
The General Terms and Conditions apply in full to any and all offers, contracts and other commitments, of whatever name, arising from the contract(s) to which these General Terms and Conditions have been declared applicable, unless otherwise agreed in writing.

2.2

Offers or contracts or clauses deviating from these General Terms and Conditions shall only be valid if agreed upon explicitly in writing with Castell de la Solana.

2.3

The applicability of general terms and conditions (of whatever name) used by the Client is hereby ruled out/rejected, unless otherwise agreed in writing. Where these General Terms and Conditions and those used by the Client are incompatible, Castell de la Solana’s General Terms and Conditions shall prevail.

Article 3: Formation of the Contract

3.1

Castell de la Solana reserves the right to decide against forming a Contract at any time.

3.2

Castell de la Solana is entitled to terminate the Contract with a Client or Guest without observing a notice period and without providing giving any reason.

3.3

The Client is deemed to also conclude the Contract for and on behalf of every Guest. By showing up, the Guest intimates that the Client was authorised to represent them in that respect.

3.4

All offers for the formation of a Contract shall be without obligations and shall only apply insofar as Castell de la Solana has sufficient capacity and capability to provide the Services concerned.

3.5

Every Contract concluded by a Client shall also be deemed to have been concluded at the expense and risk of this Client. Any payment by a Guest shall discharge the Client from liability to the same extent.

Article 4: Obligations of Castell de la Solana

4.1

Castell de la Solana shall make available to the Guest the accommodation(s) agreed to for the period agreed to and/or shall render the Service(s) agreed to in accordance with the quality standards applicable to Castell de la Solana.

4.2

The provisions described in 4.1 do not apply:

in the event of force majeure, as described below in article 12;
if Guests do not show up;
if Clients do not fully meet their obligations, for any reason whatsoever, to Castell de la Solana.

4.3

Castell de la Solana is entitled to offer the Guest hotel accomodation other than the accommodation specified in the Contract. Where this is inconvenient for the Guest, the Guest or the Client has the right to terminate the Contract with immediate effect. Should the hotel accommodation offered and accepted by the Client or the Guest be cheaper than the original accommodation, Castell de la Solana shall make available the difference to the Guest or the Client. Castell de la Solana is not obliged to pay any other damages.

Article 5: House Rules

5.1

In order to maintain order, peace and quiet in Castell de la Solana, and to guarentee high-quality Services for all Guests, Castell de la Solana has drawn up house rules. These house rules are available on request in the accommodation.

5.2

If the Guest and/or Client violate(s) the house rules or their behaviour potentially disrupts the order, peace and quiet or normal operations of the hotel, Castell de la Solana is entitled to terminate the Contract with a Client or Guest without observing a notice period. The Guest must leave the hotel after the first request to that end. Castell de la Solana is not obliged to give reasons for its request and is not obliged to refund the Reservation Value. The Reservation Value / contract value will still have to be paid for by the Client / Guest, and a €200 fee for violating the house rules may apply.

5.3

Castell de la Solana is entitled to terminate any Contract in the event of a disturbance of public order or if it fears this. Termination may include consultation with and involvement of the competent local authorities. In such a case, Castell de la Solana is not liable to pay any compensation.

5.4

Pets are allowed in Castell de la Solana under specific conditions that shall be agreed upon explicitly between Castell de la Solana and Client/Guest.

5.5

Castell de la Solana has an adult only policy. This implies that, unless (as an exception) agreed upon in writing by the Client and Castell de la Solana, minors (being persons below the age of 18) are excluded as Guest.

5.6

Rooms are for two individuals. Castell de la Solana does not put extra beds in rooms, unless (as an exception) agreed upon in writing by the Client and Castell de la Solana.

Article 6: Reservation

6.1

When making an Reservation using the online reservation tool and/or via email, telephone or otherwise, the Client must provide all data requested accurately. If data at any time show to be incorrect, Castell de la Solana reserves the right to to terminate the Contract with a Client or Guest.

6.2

The Reservation is valid upon receipt of the reservation by Castell de la Solana and confirmation thereof to the Client.

6.3

Adaptations to a Reservation such as date of arrival and/or departure, cause the original Reservation to loose its effect. A new Reservation must be made and confirmed.

6.4

The Client owes Castell de la Solana the full Reservation Value. The amount of money can be paid for via bank transfer, debit and credit card (limited acceptation of card types applies), and/or cash. Other methods of payment may be used if agreed upon by the Client and Castell de la Solana.

6.5

Castell de la Solana has compiled the information provided on its website with the utmost care. Nevertheless, any data may be inaccurate and/or incomplete following the transfer of data and/or due to technical errors or other circumstances. Any Reservation made online made shall be subject to changes and/or errors. If changes and/or errors result in a different rate, the Client has the right to cancel the contract free of charge. In that case, no rights may be derived from the Online Reservation made. Castell de la Solana can neither be held responsible for the fact that a Reservation made online has not been performed / has not been performed correctly in the event of errors, force majeure or due to an action or omission of the Client.

Article 7: Cancellation

7.1

The provisions of this article apply without prejudice to the other provisions in these General Terms and Conditions. The provisions of this article do not affect the liability of the Client and/or any third party under prevailing legislation.

7.2

Reservations may be cancelled free of charge until 2 weeks before the check-in date. For cancellations between 2 weeks before the check-in date and 24 hours before the check-in date, the Client owes Castell de la Solana 50% of the Reservation Value. For cancellations after 24 hours before the check-in date, and in case of no-show (i.e. a guest does not appear), the Client owes Castell de la Solana 100% of the Reservation Value. Other cancellations agreements may be reached between and by both the Client and Castell de la Solana.

7.3

Cancellations must be made via e-mail. Cancellations are valid upon confirmation by Castell de la Solana. A Client cannot derive any right from any cancellation made otherwise and/or one that has not been confirmed by Castell de la Solana.

Article 8: Liability of Castell de la Solana

8.1

Unless there is intent or gross negligence on the part of Castell de la Solana, Castell de la Solana does not accept any form of liability. This applies to all Services rendered.

8.2

Unless there is intent or gross negligence on the part of Castell de la Solana, Castell de la Solana does not accept liability for damage caused to or by any Guest´s vehicle.

8.3

Unless there is intent or gross negligence on the part of Castell de la Solana, Castell de la Solana does not accept liability for direct or indirect damage/loss caused to anyone or anything as a direct or indirect result of a defect of whatever name in or on any movable or immovable property, which is either owned by or otherwise at the disposal of Castell de la Solana.

8.4

Unless there is intent or gross negligence on the part of Castell de la Solana, Castell de la Solana is not liable for any damage to or loss of property of the Guests. The Client indemnifies Castell de la Solana from any claim made by any Guest in that respect.

8.5

Castell de la Solana is indemnified in full by the Client from any claim of whatever name made by any Guest or any third party against Castell de la Solana in respect of the rights, in the widest sense possible, under the Contract concluded. This indemnity obligation also applies to the Contract if all or part of it is terminated, for any reason whatsoever.

8.6

Liability of Castell de la Solana shall never exceed the value of the Contract (/Reservation Value), or the compensation of the damage/loss as covered by the insurance taken out by Castell de la Solana.

Article 9: Liability of the Guest and/or the Client

9.1

The Client/the Guest is jointly and severally liable for any damage/loss arising for Castell de la Solana or for any third party as a direct or indirect consequence of breach of contract and/or tort committed by the Client/the Guest.

9.2

This form of liability also applies to the Guest violating the house rules.

9.3

This form of liability also applies to any loss/damage caused by any property held by or supervised by the Client/the Guest.

9.4

Liability of Castell de la Solana shall never exceed the value of the Contract (/Reservation Value). Be it required to pay compensation, the compensation amount will never exceed the amount paid out by the liability insurance for the case in question.

9.5

The Client and/or the Guest is/are jointly and severally liable for any claim that Castell de la Solana may have now or in the future against either or both of them, for any reason whatsoever. Neither the Client nor the Guest may invoke any preferential right of enforcement.

9.6

9.7

Article 10: Rates and payment

10.1

Rates may vary, depending on for instance but not exclusively the type of accommodation, time of reservation, season, payment terms and cancellation terms. Rates are in euros.

10.2

The Client shall owe Castell de la Solana the amount(s) / Reservation Value specified in the Contract. For special or additional Services, such as extra cleaning of the room, Castell de la Solana may charge the Client/the Guest a fee.

10.3

Payment of all invoices, including the invoice regarding cancellation or no show, shall be made by the Client/the Guest. The amount of money can be paid for via bank transfer, debit and credit card (limited acceptation of card types applies), and/or cash. Other methods of payment may be used if agreed upon by the Client and Castell de la Solana.

10.4

Castell de la Solana has a right of retention to any and all property brought by the Guest, as long as the Guest and/or the Client has not fully satisfied the payment obligation towards Castell de la Solana.

10.5

If payment has not been made before or at check-out, the Client and/or the Guest shall automatically be in default. In that case, the Client or the Guest shall be obliged to pay default interest without a notice of default being required. The default interest shall be the interest at the statutory rate plus 2% over the amount due as of the invoice date.

10.6 The Client/the Guest in default pursuant to the foregoing in this article shall also owe any and all extrajudicial and pre-trial costs.

10.7

Payment shall first be used to settle the enforcement cost due, next the judicial, extrajudical and court costs, then the interest, the loss and lastly the principal sum.

Article 11: Privacy and information provision

11.1

A Guest is obliged, not least because of statutory regulations, to provide personal data including valid identity card, passport or other valid legal identification document upon arrival.

11.2

Castell de la Solana shall use this data in connection with the Guest staying in the hotel.

11.3

Otherwise, Castell de la Solana shall act in accordance with the provisions of the privacy law and privacy statement.

Article 12: Force majeure

12.1

Force majeure shall include (consequences of) circumstances reasonably rendering operations impossible, among which and not limited to illness among staff; war; threat of war; riots; strikes; water damage; fire; flooding; disfunctioning of utility services; health risks; and/or government measures.

12.2

In the event of force majeure, Castell de la Solana can either cancel or suspend the Contract. In that case, there is no obligation on the part of Castell de la Solana to pay any compensation.

Article 13: Lost and found items

13.1

Guests must hand in to Castell de la Solana any item lost or left behind in the hotel by another Guest as soon as possible.

13.2

Castell de la Solana shall acquire title to any item which has not been asked for by the owner within 3 months of it being handed in to Castell de la Solana.

13.3

Lost and found items may be sent at the expense and risk of the Guest. Castell de la Solana has no obligation to forward any such item.

Article 14: Governing law and disputes

14.1

All contracts of whatever name shall be governed by Spanish law, excluding any foreign legislation and conventions such as the Vienna Convention.

14.2

Any dispute of whatever name arising from a contract to which these General Terms and Conditions apply, shall be submitted to the relevant legal authorities.

14.3

An invalid provision of these General Terms and Conditions shall not affect the validity of the other provisions. Where a provision proves to be invalid, for any reason whatsoever, Castell de la Solana and the Client and/or Guest shall be deemed to have agreed upon a valid provision that approximates the invalid provision where possible in terms of purport and scope.