TERMS AND CONDITIONS
This Portal is published and edited by Interhotelera Española, S.A. (hereinafter, “LOPESAN HOTEL GROUP”), a Spanish company having registered office at calle Gánigo, 6, post code 35100, located in the municipal district of San Bartolomé de Tirajana within the province of Las Palmas, bearing corporate tax number (Spanish CIF) A-35.021.500, and duly filed with the Companies House of Las Palmas under volume 137 general, folio 133, sheet number G.C. 1033, entry 1.
2. TERMS AND CONDITIONS, SUBJECT-MATTER AND SCOPE
Any third party that uses this website will automatically become a User thereof and will be deemed to have fully accepted all the terms and conditions set forth in this Legal Notice. For such purposes, a User will be deemed to be any individual who accesses, browses, uses or takes part in any services or activities available through this Web, whether or not for valuable consideration.
The mere use by the User of the Web or the services offered in it implies his or her knowledge and acceptance of any general terms and conditions included within the Legal Notice published by LOPESAN HOTEL GROUP.
The information showed at the Web is in force at its latest review, thus the User should print or download, and carefully read each time he or she accesses the Web.
LOPESAN HOTEL GROUP may use its website to offer services or products subject to their own special terms and conditions, which, on a case by case basis, may replace, consolidate and/or amend these terms and conditions. The User will be duly informed of such special terms and conditions whenever these apply.
Access to the Web by the User is free of charge. Nevertheless, some of the services contained therein and offered by either LOPESAN HOTEL GROUP or third parties via the Web may require a prior booking of the service or product in question and, therefore, payment of a sum of money, in the manner stipulated in the applicable special terms and conditions. In such case, the clear and accurate information about the price of the product or service, taxes included, will be made available to Users.
3. INTELLECTUAL PROPERTY
LOPESAN HOTEL GROUP is the owner of, and therefore holds the corresponding license over, the intellectual and industrial rights of usage for the Web.
All website content, including the graphic design, source code, logos, text, graphics, illustrations, photographs and any other elements that may appear on the website, will remain the exclusive property of either LOPESAN HOTEL GROUP, barring any indication to the contrary.
Under no circumstances will LOPESAN HOTEL GROUP be deemed to have waived, conveyed, licensed or transferred, either fully or in part, any of the aforementioned rights over any other right related to its website or to the services contained therein for Users accessing or browsing the website.
It is therefore prohibited to eliminate, ignore or manipulate the copyright notice (®, © or “copyright”) or any other information incorporated into the content of the website that serves to identify the rights of LOPESAN HOTEL GROUP or of their rightful holders. This will likewise apply to any technical protection devices, digital fingerprinting or any information and/or identifying mechanisms that may be included in the content of the website.
It is likewise prohibited to modify, copy, reuse, operate, reproduce, publicly disclose, make second or subsequent publications of, load files from, e-mail, transfer, use, process or distribute any of the content of the Web for public or commercial purposes, unless LOPESAN HOTEL GROUP or, when appropriate, the rightful holder of the relevant rights, has granted its express written consent.
The User therefore acknowledges that the reproduction, distribution, marketing, transformation and, in general, any other manner of using all or part of the contents of this website by any method will be taken as a violation of the intellectual and/or industrial property rights of the owner of the website or the owner of such rights.
4. USE OF THE WEBSITE
The User undertakes to use the website and the contents and services contained therein in strict accordance with this Legal Notice and with any applicable legal provisions. The User likewise undertakes not to use the website or the services offered therein for illegal ends or for purposes that run contrary to that set forth in this Legal Notice, violate the interests or rights of third parties, damage or disable the website or its services in any way, or hinder or prevent the normal use and enjoyment of the website by other Users.
The User also expressly undertakes not to destroy, alter, disable or in any way damage the electronic information, programmes or documents or other elements that may be found on this website.
The User undertakes not to hinder or prevent other Users from accessing the service by means of denial-of-service attacks brought about via the mass use of the IT resources that the owner of the website uses to provide the service. The User likewise undertakes not to carry out any activities that may damage, interrupt or generate errors in such systems.
The User undertakes not to introduce programmes, viruses, macros, applets, ActiveX controls or any other software device or mechanism or sequence of characters that may cause any kind of change to the IT systems belonging to the website owner or third parties.
Should the User be required to register in order to use and/or procure a service via the Web, he or she will undertake to submit accurate and correct information. If the User is provided with a password as a result of the registration process, he or she undertakes to keep it secret and to treat it accordingly when accessing said services. The User therefore remains responsible for the proper safekeeping and confidentiality of any identifying data and/or passwords provided by the Web, and undertakes not to transfer use thereof to third parties, whether on a temporary or permanent basis, or to allow unrelated parties access thereto.
The User will be held liable for any illegal use of the services by any unauthorised third party that uses a password acquired from the User due to the careless use or loss thereof by the latter.
The User therefore undertakes to inform the management of the Web immediately of any event or occurrence that may lead to the improper use of the identifying data and/or passwords, such as theft, misplacement or unauthorised access thereto, so that they can be cancelled immediately. This communication should be made via the e-mail address [Gcd@lopesan.com] or writing to the department: IT & Communications, calle Gánigo, número 6, CP 35100, San Bartolomé de Tirajana, Las Palmas. LOPESAN HOTEL GROUP will not be held liable for any improper use that unauthorised third parties may make of the identifying data or passwords for as long as such events or occurrences are not duly communicated.
5. RUNNING OF THE WEBSITE
LOPESAN HOTEL GROUP will not be held liable for any interferences, omissions, interruptions, computer viruses, telephone faults or disconnections in the operational running of the electronic system when such problems are not attributable to the owner of the website.
LOPESAN HOTEL GROUP will likewise not be held liable for any delays or suspensions in the operational running of the electronic system due to faults or surges in the telephone lines or Internet, as well as for any damage caused by third parties by means of illegal interference beyond the control of LOPESAN HOTEL GROUP.
LOPESAN HOTEL GROUP is entitled to suspend access to the website, temporarily and without the need for prior notice, in order to carry out maintenance or repair work, or to upgrade or improve the system.
LOPESAN HOTEL GROUP may authorise third party companies to use the Web to advertise or provide their services through the Web. In such cases, LOPESAN HOTEL GROUP will not be responsible for preparing the general and special terms and conditions regulating the use, provision or procurement of such services by third parties and, therefore, will not be held liable for such services.
Advertisers and sponsors will be solely responsible for ensuring that the material they send to be included on the Web complies with any applicable legal provisions. The owner of the website will not be held liable for any error, inaccuracy or irregularity that may be found in the material of advertisers or sponsors.
Users may find links to other websites while browsing the Web. These may take the form of buttons, links, banners and so on and are all managed by third parties.
LOPESAN HOTEL GROUP assumes no liability whatsoever for any aspect of the websites to which links are provided from the Web, specifically including the functioning, access, data, information, files and quality and reliability of the products and services on offer at such sites, as well as their own links or any other content thereof.
In light of the above, we suggest that Users, under their own responsibility, print or download and carefully read the general terms and conditions of any third parties that offer their services through lopesan.com whenever the User wishes to contact such services.
The existence of any kind of link created by lopesan.com to any third-party website does not imply the existence of any kind of relationship of management, authority and/or dependence between LOPESAN HOTEL GROUP and the party responsible for said third-party site.
Should any User, entity or website wish to set up a link to the Web, it must meet the following requirements:
1. The link must be complete, meaning that it must direct the User to the URL of the Web when he or she clicks on it. Unless LOPESAN HOTEL GROUP grants its express written consent, under no circumstances may the website that creates the link copy or reproduce the Web in any shape or form, include it as part of its website or within one of its frames or create a browser over any of the pages of the Web.
2. The site that creates the link in question may not claim that LOPESAN HOTEL GROUP has authorised said link unless the latter has expressly granted its written consent to its inclusion. Should an entity that creates the link from its own web page to that of lopesan.com Web wish to include the brand name, company name, trade name, title, logo, slogan or any other kind of identifying elements of LOPESAN HOTEL GROUP and/or the Web, it must acquire the prior written and express consent of the latter.
3. LOPESAN HOTEL GROUP prohibits the creation of any links to the Web from other websites that contain information or content considered illegal, degrading or obscene or, in general, any information or content deemed immoral or that runs contrary to public order or generally accepted social rules and standards.
LOPESAN HOTEL GROUP assumes no liability whatsoever for any aspect relating to the Web that may include a specific link to the Web, specifically including its functioning, access, data, information, files and the quality and reliability of its products and services, its own links and/or any of its content.
8. USE OF THE SERVICES AVAILABLE THROUGH THE WEB
The following services are available to the User of the Web:
1. On-line booking of rooms and/or services: users can book specific rooms and other services directly through the Web. This service will be directly administered by LOPESAN HOTEL GROUP.
2. Bookings of package deals: users can book package deals, encompassing hotel room and associated services (within or outside the hotel) for a lump sum, without each item being priced separately.
This service will be directly administered by LOPESAN HOTEL GROUP.
3. Hotel+Flight bookings: imply the joint booking, for a combined price, of a hotel room and a return flight through an airline and, in certain cases, rental of a self-drive vehicle or other additional service. This service will be provided through a third-party supplier.
4. “Just Golf” bookings: entail the booking of a green fee. This service will be provided through a third-party supplier.
The special terms and conditions contained on this website for each service eventually contracted by the User contain clear and accurate information on the exact price for the products or services, online bookings and Package Tours in question, along with all information required by applicable law and regulations on hotel accommodation and, where applicable, on Package Tours.
8.1. TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES
Booking of the services offered directly by LOPESAN HOTEL GROUP through the Web implies the full and unqualified acceptance and effectiveness of all the General Terms and Conditions contained within the latest version thereof, which will be deemed automatically incorporated into the contract signed, without the need for them to be transcribed directly in the contract.
All bookings of third-party products offered through the Website will be governed by the corresponding general terms and conditions. We would therefore remind Users of the importance of printing or downloading and reading such terms and conditions carefully.
For such purpose, the guest must furnish his/her personal details (name/s and surname/s*, sex*, address, post code, town/city, country*, e-mail* and/or telephone 1), as well as details of his/her credit card (card type, credit card number and expiry date), use of which will depend on the payment method chosen by the guest from among the different options on offer. Credit card details will not be requested if payment is effected by bank transfer.
All personal data marked with an (*) is compulsory and must be required in order to provide the service, in accordance with the terms of article 7 of Spanish Decree 142 of 4 October 2010 (Decreto 142/2010), which enacted the Regulations governing the Tourist Accommodation Trade.
When completing the personal data form through any of the following booking procedures, the owner of such personal information authorises LOPESAN HOTEL GROUP to employ and process the personal details provided electronically in order to effect the requested booking and/or manage the internal or external services offered by the LOPESAN HOTEL GROUP. Guests who carry out a booking are expressly reminded that their personal details will be disclosed to the destination hotel for the purpose of managing the booking and ensuring that it is fully processed.
8.1.1. Booking procedures:
When using the on-line service, and after the User has introduced his/her personal details and, where applicable, his/her credit card details:
• The booking will be confirmed through the website itself on a screen containing a booking code and details of the reservation.
• A confirmation e-mail containing details of the booking will be sent to the e-mail address provided by the guest. The electronic booking process will conclude, and the service in question will be deemed booked:
1) Upon receipt of the confirmation e-mail: when the guest chooses to pay for the contracted service at the hotel.
2) When the credit card provided by the guest is effectively charged: when the guest chooses to pay for the contracted service on-line.
3) At the time 10% of the booking price is effectively paid, provided that payment is made within the term of 14 days running from the date of the on-line booking: when the guest chooses to pay by bank transfer.
8.1.2. Methods of payment
1. Payment of the contracted service at the hotel: in such cases, the credit card details provided by the guest will be used as security, although the price of the contracted services will not be charged to the credit card. The guest shall pay for the room/s and/or contracted services on check-in.
2. On-line payment of the contracted service: if this payment method is chosen, the hotel will automatically charge the credit card (the details of which will have been previously furnished by the guest) for the full price of the room/s and/or contracted services. As a result, use of the on-line payment method implies full acceptance of both the booking and the confirmation.
3. Payment by bank transfer: this payment method is offered as an alternative to credit card payments at certain hotels, and requires guests to make an advance payment of 10% of the full price of the booking by bank transfer into the current account communicated to the guest during the on-line booking process. The transfer must be made within the maximum term of 14 days running from the date of the on-line booking. In the event that the transfer is not effected within this timeframe and/or confirmation of payment is not sent to the fax number indicated during the booking process, the booking will be automatically cancelled. The contract will be deemed signed and effective upon receipt of the payment via bank transfer.
Notwithstanding the terms sub-sections 1 to 3 above, each service will specifically state the available specific payment method.
Bookings may be cancelled by telephone (by calling the information and bookings number indicated on the website), or on-line, in the same way as the booking was originally made.
- General cancellations system. Bookings may be cancelled at no cost up until 18:00 on the day immediately preceding the scheduled arrival date (save for certain offers and services detailed below). If the booking is cancelled after this point, the guest will be charged the full price for the first night of each booked room. This amount will be charged to the credit card provided by the guest when filling out the initial booking form. If the advance payment was made by bank transfer, the hotel will be entitled to request payment by issuing the corresponding invoice, a process expressly authorised by the guest upon acceptance of these terms and conditions. The invoice covering the cancellation expenses will be sent to the address provided by the guest during the registration process.
-Cancellation of offers. In the event that the User cancels any accommodation offer he or she may have booked, the following amounts must be paid as compensation:
5% of the total price for the first night of the booking, if the booking is cancelled more than thirty days ahead of the scheduled start date of the offer.
50% of the total price for the first night of the booking, if the booking is cancelled between 8 and 30 days ahead of the scheduled start date of the offer.
100% of the total price for the first night of the booking, if the booking is cancelled less than seven days ahead of the scheduled start date of the offer.
Users are likewise advised that if the offer constitutes a Package Tour (Viaje Combinado) and the offer is cancelled, they must, in addition to any applicable cancellation and management charges, pay the compensation percentages envisaged under article 160 of Royal Legislative Decree 1 of 16 November 2007 (Real Decreto Legislativo 1/2007), which enacted the revised text of the Spanish Consumer and User Protection Act (Ley General para la Defensa de los Consumidores y Usuarios). This penalty payment will amount to 5% of the total price for the package if the cancellation occurs more than ten but less than fifteen days ahead of the scheduled start date for the trip; 15% between days three and ten; and 25% within the forty-eight hours ahead of the departure.
The management and cancellation charges described in the preceding section will be defined in the special terms and conditions for each of the services eventually contracted by the User.
Package Tour means the pre-defined combination of at least two of the following elements: transport, accommodation or any other tourism services not accessory to transport or accommodation; all offered for a fully-comprehensive price.
If the advance payment was made by bank transfer, the hotel will be entitled to request payment by issuing the corresponding invoice, a process expressly authorised by the guest upon acceptance of these terms and conditions. The invoice covering the cancellation expenses will be sent to the address provided by the guest during the registration process.
8.1.4. Compensation in the event of no-shows
If the guest fails to check in at the hotel on the scheduled arrival date, in accordance with his/her booking details, the hotel may charge his/her credit card (the details of which the hotel will have previously received from the guest) for the first night of the booked rooms as compensation. If the advance payment was made by bank transfer, the hotel will be entitled to request payment by issuing the corresponding invoice.
Likewise, and if the offer constitutes a Package Tour, Users must pay the full amount for the offer and pay any outstanding amounts in the event that they fail to show up at the arranged departure point for the trip.
9. SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEB
LOPESAN HOTEL GROUP will not be held liable for the services provided by third parties through this website, or for any damage or loss that Users may suffer as a consequence. Thus, will assumes no liability for the following concepts, which are intended merely as way of example:
Violation of any kinds of intellectual or industrial property rights, trade secrets and/or any kinds of contractual obligations.
Violation of the rights to freedom from injury, to personal and family privacy and to self-image, or, in general, any other third-party rights.
The performance of any acts or activities that constitute illegal, deceitful or unfair advertising or, in general, involve unfair competition.
Unfitness for purpose and the fraudulent deception of expectations, as well as any faults or defects that may arise from dealings with third parties.
The untruthfulness, inaccuracy, sub-standard quality, irrelevance and/or failure to update any content that may be transferred, disclosed, stored, received, obtained or made available or accessible.
Breach, delay in performance, defective performance or termination, for any reason, of the obligations assumed by third parties and the agreements entered into with third parties.
10. SYSTEM OF LIABILITY
LOPESAN HOTEL GROUP cannot guarantee the legality, reliability, usefulness, truthfulness or accuracy of any services or information provided by third parties through the Web.
The User remains solely liable for any violations it may commit or for any damage or loss that it may cause through its wrong use of the website, thereby discharging LOPESAN HOTEL GROUP, its partners, group companies, collaborators, employees and representatives from any potential liability that may arise from the actions of the User.
LOPESAN HOTEL GROUP shall make every reasonable effort and employ all reasonable resources to ensure that up-to-date and reliable information is provided on its website. Nevertheless, the owner of the website cannot guarantee the complete absence of errors or possible inaccuracies and/or omissions in the content published by third parties available through the website.
The User will remain solely liable for any claims or legal proceedings, whether in or out of court, that any third party may institute against the owner of the website as a result of wrong use of the website by the User. When applicable, the User shall meet any expenses, costs or compensation that LOPESAN HOTEL GROUP may be required to pay as a result of the aforementioned claims or legal proceedings.
11. PERSONAL DATA
The simple act of visiting or browsing the website does not require Users to submit any personal details. In the event that the User does furnish personal data, the information collected on this website will be used for the purposes of managing his or her room booking and/or the requested or booked services.
Users are similarly reminded that arranging the agreed services may entail the transfer of their data to third-parties, for example to banks for the purpose of managing payment and/or cancellation of the booking, as applicable.
Likewise, Users accept and authorise the transfer of their personal data to other companies from the touristic area of the Lopesan Group, that is, so that their data may be treated for the same purposes.
The information provided by the User will be incorporated into the personal databases for which Interhotelera Española, S.A. is the data controller, a company having registered office at calle Gánigo, nº 6, post code 35100, located in the municipal district of San Bartolomé de Tirajana, Las Palmas province.
Users are similarly informed that their personal data may be used for the purpose of promoting and/or sending information on the products of LOPESAN HOTEL GROUP and the Lopesan Group. In order for the collected data to be used for any purpose other than those for which it was originally received or collected, the prior consent of the affected parties must be obtained.
LOPESAN HOTEL GROUP has adopted the technical and organisational measures required to ensure the security and integrity of the data, as well as to ensure that it is not altered, misplaced or subjected to unauthorised processing or access. This has been done as provided in the Royal Decree (Real Decreto) 1720/2007 from December 21, which approves the application of the Spanish Personal Data Protection Act 15/1999 (Ley Orgánica 15/1999) from December 13.
Users whose data is processed will be entitled, free of charge, to access, rectify, erase or block such data and to revoke their authorisation, without retroactive effect and pursuant to the provisions of Spanish Personal Data Protection Act 15/1999 (Ley Orgánica 15/1999). Such rights may be exercised by writing to the department in charge of the automated filing system: Interhotelera Española, S.A., Controlling and Planification Department (Departamento de Control y Planificación) having registered office at calle Gánigo, nº 6, San Bartolomé de Tirajana 35100, Las Palmas. Users wishing to exercise their right of erasure must fill out, sign and sent send, by regular post, the document enclosed at the end of this Legal Notice, along with the other required documentation accrediting their identity.
The User will be informed of whether the information in question is optional or compulsory at the time it is requested. Any User who refuses or fails to provide information classified as compulsory will not be provided with, or will be unable to access, the service or services in question. Optional data may also be submitted so as to ensure the best possible provision of the services on offer.
12. DURATION AND AMENDMENT OF THE TERMS AND CONDITIONS
13. APPLICABLE LAW
This Legal Notice will be governed by and interpreted in accordance with the laws of Spain.
Expressly waiving any other jurisdiction they may be entitled to, LOPESAN HOTEL GROUP and the User agree to submit any disputes arising between them to the jurisdiction of the courts in and for the city of Las Palmas de Gran Canaria, unless legal provisions applicable to each case dictate otherwise.
REQUEST TO ACCESS TO / RECTIFICATION OF / ERASURE OF / OPPOSITION TO (please mark as appropriate) PERSONAL DATA
DETAILS OF THE APPLICANT
Name/s: _____________________ Surname/s: ______________________________________
Spanish D.N.I./Passport: ______________________________________________
Other (please specify): ______________________________________________
-ACCESS TO PERSONAL DATA
-RECTIFICATION OF PERSONAL DATA
-ERASURE OF PERSONAL DATA
-OPPOSITION TO PERSONAL DATA
IDENTIFICATION DETAILS REQUIRED TO LOCATE THE PERSONAL DATA ON FILE
User Code: ______________________________________________________
I HEREBY REQUEST: ACCESS TO _/ RECTIFICATION OF / ERASURE OF / OPPOSITION TO (please mark as appropriate) the personal data obtained by Interhotelera Española, S.A. through “www.lopesan.com” pursuant to the information provided on this request form.
In ____________________, on __ ______ __________.
This request must be signed and sent to Interhotelera Española, S.A., calle Gánigo, nº 6, CP 35100, San Bartolomé de Tirajana, Las Palmas, Spain, along with a photocopy of the applicant’s identity document.