Reservation policies

GENERAL CONTRACTING CONDITIONS

This contractual document will govern the contracting of accommodation bookings through the website www.hostaltoloxsierradelasnieves.com, property of SEMBARA HOTELS & APARTMENTS S.L., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website and will be available to the USER for reproduction and storage as confirmation of the contract. Moreover, they may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality, except in cases expressly indicated in the Civil and Commercial Codes or in other special laws.

Acceptance of this document implies that the USER:

• The USER declares having read, understood and fully comprehended the content of this document.

• In addition, the USER confirms possessing sufficient legal capacity to contract.

• By accepting, the USER also undertakes all the obligations established herein.

These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible for and aware of the legislation in the countries where it offers its services. However, it also reserves the right to unilaterally modify the conditions. Such changes will not affect goods or promotions contracted before the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation booking service contracted by the USER is SEMBARA HOTELS & APARTMENTS S.L., with registered office at C/ Animas, 2 – Tolox – 29109 (Málaga), CIF B21751672 and customer service telephone + 34 659951524.

And on the other hand, the USER is responsible for the veracity of the personal data provided to SEMBARA HOTELS & APARTMENTS S.L. 

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts, during the online contracting process, the booking of temporary accommodation.

The contractual relationship of booking accommodation entails the use and enjoyment of the chosen stay, for a limited period of time, in exchange for a determined price, publicly displayed on the website. Extra services must be contracted at the time of booking.

Contracting procedure

The USER must be of legal age to access the services or products offered by the PROVIDER. Personal data must be provided freely and voluntarily. These data will be processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD).

Further details are included in the Legal Notice and the Privacy Policy of this website.

We hereby inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Claims and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, making a reservation with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER will previously inform the USER about the procedure to follow in order to book the trip.

The automatic availability and price calculation system allows the USER to choose the room he/she is interested in and to proceed to the online payment. The USER must pay the full price of the reservation made. 

• Non-refundable rate: The hotel will charge 100% of the reservation at the time of confirmation. No refunds are allowed in case of cancellation, early departure or no-show (the reservation is only valid for the first night).
• Flexible Rate: The USER may cancel free of charge before 12:00 noon the day before arrival. After that time, if the USER cancels the reservation, the amount corresponding to the first night will be charged to the credit card provided as a guarantee by the USER during the purchase procedure. Also in the event of early departure or no-show (the reservation is only valid for the first night).

No deposit is required to proceed with the booking. 

Failure to execute the contract remotely

The PROVIDER shall not assume any responsibility when the service is not provided because the data provided by the USER is false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal)

The USER has the same rights and deadlines to proceed with the cancellation and/or claim for possible defects or flaws in the online booking. 

For those bookings that, in relation to the chosen rate, allow cancellation, this can be done directly through the booking confirmation that the USER received by e-mail when making the booking. 

• Free cancellation: The USER may cancel his/her reservation free of charge up to 24 hours before the date of arrival. Outside this period, the PROVIDER will charge the amount of the first night of the booking.  No refunds are allowed in case of early departure or no-show (the reservation is only valid for the first night).
• Cancellation: The USER may cancel his/her reservation free of charge up to 7 days before the date of arrival. After that time, if the USER cancels the reservation, the amount corresponding to the first night will be charged to the credit card provided as a guarantee by the USER during the purchase procedure. Also in the event of early departure or no-show (the reservation is only valid for the first night).
• Non-refundable rate: No refund is allowed in case of cancellation, early departure or no-show (the reservation is only valid for the first night).

4. CLAIMS 

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

• Telephone: + 34 659951524
• E-mail: recepcion@hostaltoloxsierradelasnieves.com

If during the booking period there is any breakdown in the installations or electrical appliances, the USER must notify the PROVIDER immediately in order to resolve these incidents as soon as possible.

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of the same characteristics. 

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the case of force majeure has ceased.

6. COMPETENCE

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted.

Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.

7. GENERALITIES OF THE OFFER

The details of each booking, such as accommodation and meals, are provided to the USER in the respective description on the website.

All sales and deliveries made by shall be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal or stipulated herein shall have effect, unless expressly agreed in writing signed by, in which case, these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, we reserve the right to modify their specifications with respect to the information provided in their advertising, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason whatsoever, the possibility of supplying the services offered is affected.

Check-in and check-out

Check-in: Check-in will take place from 15:00 hours.

• The accommodation will not be available before 15:00 hours.
• If you arrive earlier, you can leave your luggage at the reception.

On arrival at the hotel and in accordance with current legislation, the USER must hand over the booking form and all occupants of the accommodation will be identified.

The accommodation has a buffet breakfast service, cleaning service, swimming pool, gym, solarium, car park, wifi and 24 hour reception. 

Check out: Check out is until 12:00 hours. 

Responsibilities of the client

• It is not allowed to use the accommodation for party celebrations, stag or hen parties or to make noise. 
• Under no circumstances is it permitted to occupy the accommodation for more people than the maximum capacity.
• Children must always be accompanied by their parents and under their responsibility.
• The USER is responsible for the correct behaviour of all his/her fellow guests, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.
• The owner shall not be liable for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including but not limited to: damage, loss after fire, theft, crime, accidents or other types of damage.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated in respect of each booking are inclusive of Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes (for those over 17 years of age), travel insurance, shipping costs, handling, packaging, or any other additional and ancillary services to the service purchased.

The applicable prices are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change on a daily basis until the reservation is made.

All payments made to will result in the issuing of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be delivered to the USER at the end of the rental and payment of the contracted services is made. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the reservation, the USER may contact the customer service telephone number 659951524 or via e-mail to recepcion@hostaltoloxsierradelasnieves.com.

9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order: 

• Credit card
• Bank transfer
• Cash

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

10. PURCHASING PROCESS

The website has a search system by different parameters to facilitate the choice of accommodation. Reservations with immediate confirmation have the price of the service stipulated, you can make the reservation online and add the extra services that suit you.

Select the dates of arrival and departure, the persons accommodated (adults and children) and the extra services chosen and add them to the basket. In the basket, you will only see the selected services, the quantity, the price and the total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalisation:

1. Verification of the invoicing data.
2. Checking the reservation (dates, services…).
3. Selection of the payment method.
4. Place the order (purchase).

From the Online Booking section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions.

11. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

12. WARRANTIES AND REFUNDS

The guarantee of the services offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Conformity of the services with the contract

1. Unless there is evidence to the contrary, it shall be understood that the services are in accordance with the contract provided that they meet all the requirements set out below, unless, due to the circumstances of the case, one of them is not applicable:
2. a) They comply with the description provided by the PROVIDER.
   b) They are suitable for the uses to which services of the same type are normally put.
   c) Are suitable for any special use required by the USER, when this has been made known to the USER at the time of the conclusion of the contract, provided that the USER has admitted that the service is suitable for this use.
   d) They present the usual quality and performance of a service of the same type that the customer may reasonably expect, taking into account the nature of the service and, where applicable, the descriptions of the specific characteristics of the services made by the PROVIDER.
   e) describes the details, technical characteristics and photographs of the properties provided by the property owners, so that it is not bound by these public statements.
3. The lack of conformity resulting from a service not performed or rendered shall be considered as a lack of conformity with the contract, provided that the responsibility for it lies with or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or malpractice of the USER, it shall not be considered as a lack of conformity and shall be considered in accordance with the terms of the contract.
4. Liability shall not apply for non-conformities that the USER knew or could not have been unaware of at the time of entering into the contract or that originate from information provided by the USER.

Responsibility of the PROVIDER

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation, recognising the USER’s right to repair the service, to its replacement and to a price reduction. 

Repair and replacement of the accommodation service

1. If the hosting service does not comply with the contract, the USER may choose between demanding repair or replacement, unless one of these options proves impossible or disproportionate. From the moment the USER notifies the chosen option, both parties shall abide by it. This decision by the USER is understood to be without prejudice to the provisions in cases in which the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes costs that are unreasonable in comparison with the alternative form of remedy, taking into account the value that the service would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.

Repair and replacement shall be carried out in accordance with the following rules:

– The necessary costs incurred to remedy the non-conformity of the contracted services shall be free of charge for the USER.

– They shall be carried out within a reasonable period of time and without major inconvenience for the USER, taking into account the nature of the services and their purpose for the USER.

– If, once the repairs have been completed and the property has been delivered, it still does not comply with the contract, the USER may demand its replacement, a price reduction or termination of the contract.

– If the replacement fails to bring the property into conformity with the contract, the USER may demand the repair of the property and a price reduction.

Price reduction 

The price reduction and termination of the contract shall be applicable, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER. This shall not apply when the lack of conformity is of minor importance.

Criteria for price reduction

The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless there is proof to the contrary, delivery is understood to have been made on the day shown on the reservation.

The USER must report the lack of conformity at the time when he/she becomes aware of it or, at the latest, at the end of the stay. Unless there is proof to the contrary, it shall be understood that the USER’s notification has taken place within the established period.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. 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 of the OWNER’s domicile.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive their right to any other forum.