General terms and conditions of contract

I. PREVIOUS INFORMATION

These terms and conditions (which may be modified from time to time) are applicable to all direct or indirect services available online, through any mobile device, by email or by phone. By accessing, browsing, and using our website and/or making a reservation, you agree to have read, understood, and agreed to the terms and conditions displayed below (including the privacy policy).

GESTION HOTELERA LA MARINA, SL, in compliance with the provisions of Law 34/2002, of July 11, on services of the information society and electronic commerce, makes available to the User in this document the following General Contracting Conditions.

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, which are considered essential for the provision of the service.

The contract can be executed in Spanish or English languages.

The User will be able to verify the data on the reservation summary screen that will appear just before connecting to the payment gateway.

The User will 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 Contracting Conditions, full compliance with the regulations on Consumer and User protection that may be applicable, protecting their legitimate interests from the beginning to the end of the process of contracting the 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 April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

II. IDENTIFICATION OF THE PARTS.

On one hand, GESTION HOTELERA LA MARINA, SL, the company operating the accommodation establishment, with address in Benidorm, at 6 Cuenca Street (03503), phone +34 96 585 37 62 and VAT number B-53600912 registered in the Mercantile Registry of Alicante, volume 2475, book 0, folio 59, section 8, sheet A-66737, and the owner of the present website.

And on the other hand, the User, whose identifying data are provided directly by the User by incorporating their data into the different forms that GESTION HOTELERA LA MARINA, SL makes available to access any of the services offered through the aforementioned website.

III. HIRING PROCEDURE.

The accommodation booking service offered by GESTION HOTELERA LA MARINA, SL on its website aims to reserve rooms. The contracting procedure consists of the following phases:

  • First: Selection of the RESERVE option from the main page or from the offers section to choose the stay dates and number of people to check availability.
  • Second: Selection of the room type, number of rooms.
  • Third: Selection of supplements and additional services with display of the final price.
  • Fourth: Insertion of personal data related to the reservation, as well as the credit card used as a guarantee for the reservation, and acceptance of the reservation’s general conditions.
  • Fifth: Formalization of the reservation, display of confirmation page.
  • Sixth: Sending a confirmation email of the reservation with its details.

Phase 1 “Selection of stay period”: In this phase, the User does not need to register, it will be enough to enter their preferences in terms of dates, number of rooms, and number of people who will make the reservation in the web form.

Phase 2 “Check availability”. After validating the entered data and according to those values, in the next step the User will be shown the availability of the hotel establishment.

Phase 3 “Introduction of personal data”. In this step, the User must enter their contact information in the form created for this purpose. All fields in this form are mandatory, so they must be completed before formalizing the reservation.

Phase 4 “Reservation summary”. Once the previous form has been validated, the User will obtain a summary of the reservation on screen. This step aims for the User to check the data previously entered to ensure that no errors have occurred. In this step, the User can go back to correct any detected errors or continue with the reservation and proceed to the contracted payment gateway.

Phase 5 “Payment of the reservation”. See point VIII. FORM OF PAYMENT AND PRICE GESTION HOTELERA LA MARINA does not store the User’s credit card data in its systems, since these are provided by the User to the payment gateway – through secure means – for the payment of the reservation.

After the payment of the reservation, the User will receive, within a maximum period of 24 hours, an email – to the address provided by the User during registration – with the reservation locator and a summary of it.

It is important to check your email inbox during that 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 automatically stored in them. This email contains the Locator of your reservation and is necessary to make any modifications or claims. These Conditions regulate the legal relationship arising from the contracting processes formalized by Users through the website of GESTION HOTELERA LA MARINA, SL.

Users expressly accept full and unconditional adherence to these provisions, in the version published by GESTION HOTELERA LA MARINA, SL at the time when the User contracts the service and/or contents in which they are interested. Therefore, the User undertakes to carefully read the contracting conditions each time they contract a service, given that by accepting the General Conditions of contracting, the User declares:

  • 1. That they are a person with the capacity to contract.
  • 2. That they have read and accept the current general contracting conditions.

IV. MODIFICATION OF HIRING CONDITIONS.

GESTION HOTELERA LA MARINA, SL may modify these stipulations whenever there is a sufficient cause or reason to do so, with said modifications being published on the website. It is understood that there is a sufficient cause or reason for the modification, with an illustrative and non-limiting nature, when it aims to:

  • a. Expand the range or number of services available to Users or improve existing ones.
  • b. Modify, replace, or update the prices of services offered through the website.

The validity period of these conditions will be the time they remain published on the website and will apply to services acquired at the time when said conditions were available.

In any case, GESTION HOTELERA LA MARINA, SL reserves the right to unilaterally modify them, without affecting the services contracted by users prior to the modification, except in cases where 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. TERMS OF USE.

This Site is intended exclusively for users over eighteen years of age. Registration on the Site, its use, or access by persons under the age of eighteen is not permitted unless done by their legal representatives and constitutes a violation of these Terms of Use. By using the Service or the Site, you declare and warrant that you are over eighteen years of age and agree to comply with all the terms and conditions of this Agreement.

The User agrees and warrants to use the website and the services made available on it in accordance with the provisions and purposes established in the general and specific conditions of hotel reservation contracts, the provisions of applicable regulations, as well as those related to morality and good customs.

Likewise, the User shall refrain from obtaining the content provided on the website by illicit, fraudulent, theft, or plagiarism means, in accordance with the provisions of the Criminal Code and 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 contracting conditions.

Furthermore, the User agrees not to make unlawful use of the contents of the website, or that may harm GESTION HOTELERA LA MARINAA, SL. Therefore, the User will refrain, without limitation, from modifying, copying, distributing, publishing, assigning, 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, therefore it is not responsible for their contents. The risks arising from the consultation of such websites correspond exclusively to the Users, who must be governed by the terms, conditions, and legal notices of the same, for which GESTION HOTELERA LA MARINA, SL is not responsible either.

GESTION HOTELERA LA MARINA, SL, through the website, uses technological means to ensure the protection of information. The entire process of contracting services is carried out in a secure environment, having a secure SSL server.

  • 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 such as the trademark, trade name, or distinctive sign. In particular, and without limitation, they are protected by copyright, logos, color combinations, the selection and presentation format, the source code of the website, menus, navigation buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the website owned by GESTION HOTELERA LA MARINA, SL..

The User agrees to respect the Intellectual and Industrial Property rights of the Platform; the User shall refrain from copying, reproducing, distributing, making available, or publicly communicating the content of the website without the express written authorization of GESTION HOTELERA LA MARINA, SL.

  • c. Limitation of liability.

The User expressly releases HOTEL MANAGEMENT LA MARINA, SL from any liability for direct and indirect damages resulting from possible errors on the website, as well as for any interruption, suspension, delay, or anomaly in access to it.

GESTION HOTELERA LA MARINA, SL undertakes to take the utmost care to preserve the website from any viruses, Trojans, and other elements that could compromise or damage the User’s or third parties’ computer system. In any case, the User releases GESTION HOTELERA LA MARINA, SL from any liability for direct or indirect damages caused by the possible existence of such harmful or malicious elements.

  • d. Protection of Personal Data.

Users’ access to the portal and the reservation of services offered through the website implies the processing of personal data. For HOTEL MANAGEMENT LA MARINA, S.L., compliance with the regulations on the protection of personal data and information society services and electronic commerce is of great importance.

Access to the RESERVATIONS process will require the User to provide personal data. GESTION HOTELERA LA MARINA, S.L. guarantees the confidentiality of the personal data provided by Users, as established in the regulations on the Protection of Personal Data and Information Society Services and Electronic Commerce. GESTION HOTELERA LA MARINA, S.L. complies with current data protection legislation, having adopted the necessary administrative and technical procedures to ensure the security of the personal data we collect.

In this regard, the User is informed and gives consent for the inclusion of their data in the processing carried out by GESTION HOTELERA LA MARINA, S.L.. We remind you that you have all the information on the purpose, legitimacy basis, data controller… in the “Privacy Policy” section of the website. (Section 3. Reservations) https://www.marinaresortbenidorm.com/politica-privacidad/

In the event that you have contracted our services through the “Travel Safe Rate”, 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, solely for the purpose of benefiting from the cancellation insurance and travel assistance that this entity offers.

This entity will delete your personal data when the service has ended and the legally established deadlines have been met.

You have the right to access, rectify or delete your data, limit the use of the data, object to the use of the data, and data portability by sending an email to: datos@flexmyroom.com

The User states that all data provided by him/her are true and correct, and undertakes to notify GESTION HOTELERA LA MARINA, S.L. of any changes. The User has the right to object to the processing of any data that is not essential for the conclusion of the contract and its use for any purpose other than maintaining the contractual relationship. The privacy policy of GESTION HOTELERA LA MARINA, S.L. guarantees the User, in any case, the possibility of exercising their right of access, rectification, cancellation, and objection to their data, notifying GESTION HOTELERA LA MARINA, S.L. by sending an email to the following address: central@marinaresortbenidorm.com

Also, in compliance with Law 34/2002 on Information Society Services and Electronic Commerce, GESTION HOTELERA LA MARINA, S.L. will exclusively send offers or advertising and promotional communications by electronic means to your email address or through another equivalent electronic communication medium, to those Users who have expressly given their consent. GESTION HOTELERA LA MARINA, S.L. informs the User that they may unsubscribe from this type of communication by following the instructions at the end of all our emails or by communicating it in writing to the email address: central@marinaresortbenidorm.com

  • e. Newsletters

To request information about our promotions and receive communications about our services, you must access by clicking the “Newsletter” button and complete the user registration. Once you click this button, the system will take you to a form with fields to fill in with your personal data (name, email address, country).

Once you have filled in all the data, click 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 your data or, if necessary, corrected them, click the “Send” 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 registration process, the system will send you a message to the email address you entered in the registration form within a maximum of 24 hours, confirming your registration and a URL address from which you can download and/or print these conditions. If, once registered, you wish to correct or modify any of the fields you have entered as a user profile, you must contact us through this email: central@marinaresortbenidorm.com

You can unsubscribe from the System at any time. To do this, you must send an email to the following address: central@marinaresortbenidorm.com, identifying yourself as a user and indicating in the subject of the email the word “Unsubscribe from the System.” We will immediately contact you to proceed with the cancellation of your account in the System.

VI. RIGHTS AND OBLIGATIONS OF THE USER

  • a. User Obligations:

The User undertakes to:

· Fully comply with the conditions of the services provided by GESTIÓN HOTELERA LA MARINA, S.L

· Complete the registration forms prior to the start of the hiring process with accurate and up-to-date information.

· Provide the correct bank details requested by GESTIÓN HOTELERA LA MARINA, S.L

· Refrain from sending messages that in any way hinder or impede the normal functioning of the service. In any case, the User will be solely and fully responsible for the content of the messages they write or send, as well as the data they provide.

· Pay the price of the services contracted, without the presentation of a complaint exempts them from this obligation.

· Comply with the particular rules of the hotel establishment whose services they enjoy.

· Observe the rules of hygiene, education, and good manners towards the other users and the staff of the hotel establishment that provides their service.

  • b. User Rights:

· All information provided to the customer will be binding on the offeror in the terms established by current legislation.

· Every User of the contracted services has the right to ensure that the services they acquire are of the category and legal requirements contracted or of a quality that is directly proportional to the establishment’s category.

· The establishment is obliged to have available to the customer the complaints book where they can register their complaints. To file a complaint, request these sheets, fill them out with your personal data, and clearly indicate the reason for the complaint.

VII. CONFIRMATION OF THE RESERVATION

When making the reservation, the user will receive an email or SMS with a confirmation voucher. The user can print this voucher which informs the user of all the details of the reservation made online as well as detailed pricing information.

The user agrees to carry the reservation confirmation voucher and present it at the time of check-in (it is not necessary to print it, it would be sufficient to show it through a digital device), accepting that, if said document is not presented, the conditions of the reservation cannot be guaranteed.

VIII. PAYMENT METHOD AND PRICE

The prices and fees applicable to the contracting by the user of the services, will be those that appear on the website owned by GESTION HOTELERA LA MARINA, SL, at the time the user accesses the specific service, and proceeds to initiate the contracting process.

All prices are shown with VAT/taxes included.

The currency exchange rate, only has informative value, since our rates are only published in euros.

As a general rule, the price of the reservation includes exclusively: accommodation, bed and breakfast, half board accommodation, or full board accommodation. The availability and price or gratuity of special services such as: transfer to or from the airport, room details, etc. that could not be included in the online reservation calculation, will be pending 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 it convenient.

· If you choose to book the Pay now rate, in any of its modalities, (Non-Refundable or partially refundable, (Such as Travel Insurance Rate(*), No Law Rate, or others that could be added under this total or partial payment policy), the payment method will be through a secure electronic commerce gateway/payment gateway by Redsys. Travel Insurance Rate(*). The charge of the first night’s amount 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 conducted in a secure 3-D Secure environment.

3-D Secure (3DS) is a security protocol designed to ensure greater security and enhanced authentication for your online purchases with a credit or debit card. Depending on the type of card, it is called “MasterCard Identity Check”, or “Visa Secure”, which are the cards we accept at the establishment. You may need to enter a special security code or log in to the card issuer’s online banking application to authorize a payment. Card issuers have different methods for authenticating their customers and, therefore, 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 has been paid.

· If you choose to book the rate without prepayment (flexible, standard, heroes, or any other denomination that appears at the time of booking or others that may be added under this payment policy), you will pay upon arrival at the hotel, by credit card or cash.

· If you choose the standard rate, the customer will not have to make any payment until arrival at the hotel, although Gestión Hotelera La Marina reserves the right, 48 hours before arrival at the Hotel, to send the Paygold (*) link in order to make the payment for the amount of the first night or the only night (if it is a reservation for only one night) as established in the cancellation/payment policy. The 48-hour period may vary, with the applicable one being that in force 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 said credit card, they must contact the establishment in advance.

· Reservations without prepayment, of two or more rooms, are considered “group reservations” and are subject to special conditions. For this type of reservations, you must pay the amount corresponding to one night of stay of the total reservation. GESTION HOTELERA LA MARINA, S.L may send you a link via 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, via SMS or email, a payment URL to its customers. Once customers have received this URL, they simply need to access it 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 prepayment for 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 said credit card, they must contact the establishment in advance.

In compliance with article 7 of Law 7/2012, of October 29, cash payments over 2,500 euros will not be accepted for Spanish nationals and/or tax residents, or 15,000 euros for non-resident clients.

The total and final calculation of the reservation includes VAT, unless expressly stated otherwise. Any other tax or fee affecting its final price will be settled additionally at the hotel establishment.

Customers are responsible for paying the rest of the billed services upon arrival at the same establishment.

CANCELLATION OF THE RESERVATION.

The reservation made can be canceled through the website in the section “manage your reservation” included in the reservation confirmation email. In this section, all the details of your reservation will appear, by clicking the cancel button, your reservation will be canceled. The user will receive a confirmation email of the cancellation made.

You can also modify or cancel your reservation at our Central Reservations via email at central@marinaresortbenidorm.com and by phone at +34 965 853 762 always indicating the reservation number and/or locator and your personal data.

In cases of reservation cancellation by the customer, the company will be entitled to charge justified management expenses, under the following criteria indicated at the time of booking in the stipulated cancellation policy:

· The rate without prepayment, cancellation without charge up to 2 days before arrival. After that time, if the customer cancels, they will be charged 1 night or the total amount if the reservation is for one night only on the card provided by the customer. Also if the customer does not show up or leaves early.

· The rate Pay now, cannot be canceled without penalty. For the reservation to be confirmed, the hotel must have received the total payment, if not, the reservation will be canceled. No refund is allowed in case of cancellation, early departure, or no show.

· Travel Safe 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 must contact the contracted insurance. Cancellation reasons, there are 25 reasons specified in the policy. Exclusion reasons, those indicated in the policy.

When it is the establishment that does not attend to the reservation confirmed by them, they will give the customer the option between:

  • a) occupy another accommodation of equal or higher characteristics and category
  • b) compensation for an amount equal to double the advance payment made.

Refunds, when applicable, will be made through the Paygold secure payment gateway from Redsys and/or Bank Transfer to the same Holder’s account, with the expenses incurred being borne by the Holder.

X. RESERVATION MODIFICATION.

The User may modify the reservation throughout the entire online booking process.

You can also modify your reservation at our Reservations Center via email at central@marinaresortbenidorm.com or through the section “manage your reservation” included in the reservation confirmation.

Changes in the 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, without obligation on the part of the HOTEL to respect the previous conditions before the modification.

ANY MODIFICATION OF THE RESERVATION DATE notified more than 72 hours before 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 hotel closing date for the season.

Only one date modification per reservation will be allowed, which cannot be split into different stays, or be used for any purpose other than payment for the stay itself. Likewise, the date change will be subject to availability of places. If the applicable rates on the date of the new reservation are higher, the customer must pay the difference, and cannot claim any amount in the opposite case, that is, if the rate is lower.

If the reservation is canceled without prior notice or the customer does not show up at the hotel on the booked date, the expenses for compensation will correspond to the amount paid in the reservation for one night and there will be no possibility of modification or refund.

THE HOTEL will not refund any amount for early departure of the clients.

The offers will be valid only during the period set by GESTION HOTELERA LA MARINA, SL in the advertising, or alternatively, during the time they are accessible to customers for effective booking.

XI. TO BE CONSIDERED

• As a general rule and unless expressly agreed otherwise, rooms can be used from 4:00 pm on the day of arrival and must be vacated by 12:00 pm on the day of departure. The reservation will be guaranteed until 8:00 pm on the day of arrival, so if the user plans to arrive at the hotel at different hours than those indicated, it is advisable to communicate this circumstance to the hotel where the reservation was made via phone at +34965853762, always indicating the reservation number.

• Wi-Fi internet connection is available in the rooms. Free.

• Parking. There is public parking nearby. No reservation is necessary. Price: 9 EUR per day. Parking is subject to availability, as spaces are limited.

• Half board and full board do not include drinks.

• The Christmas lunch is included in the room price. It is served in the hotel’s dining rooms.

• The New Year’s Eve Gala dinner is included in the room price. It is served in the hotel’s dining rooms.

• Pets are not allowed.

• Deposit for possible damages. Upon arrival at the hotel, a deposit of 150€/person may be requested to cover possible damages, to be paid by credit card. If the deposit has been requested, it will be returned to you at the time of check-out after checking the room. Depending on the financial institution you deal with, the deposit amount may take between 7 and 10 days to be credited to your account.

• Upon arrival, guests must present the credit card used to guarantee the reservation. If none of the guests is the holder of said credit card, they should contact the establishment in advance.

XII. NOTIFICATIONS.

All notifications, requirements, requests, and other communications that are to be made by the parties in relation to these General Conditions must be made in writing and it will be understood that they have been properly made when they have been delivered in person or sent by ordinary mail to the address of the other party or to their email address, or to any other address or email address that each party may indicate 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 acquired at the time when such conditions were available.

In any case, GESTIÓN HOTELERA LA MARINA, S.L., reserves the right to unilaterally modify them, without this affecting the services contracted by users prior to the modification, except in those cases where 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.

XIV. NULLITY AND INEFFECTIVENESS OF CLAUSES.

If any clause included in these conditions were declared totally or partially null or ineffective, such nullity will only affect said provision or the part of it that is null or ineffective, the conditions remaining in full force in all other respects.

XV. APPLICABLE LEGISLATION.

Both parties agree that the applicable legislation for the operation of this service is Spanish and submit to the Jurisdiction of the Courts and Tribunals of Benidorm and higher hierarchies for the resolution of conflicts arising from the interpretation and application of this contract.