CONDICIONES GENERALES DE CONTRATACIÓN


 

This contractual document will govern the booking of accommodation through the website www.hoteldolarea.com/es/, owned by DOLAREA HOTELA, S.L., under the trade name of HOTEL DOLAREA, hereinafter, the PROVIDER, whose contact details are also provided in the Legal Notice on this website.

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

Contracts will not be subject to any formality except as expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • Has read, understands, and comprehends what is stated here.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the commerce is responsible for and aware of the legislation in force in the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were 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 DOLAREA HOTELA, S.L., with its registered office at AVENIDA DE NAVARRA, 57 20200 BESAIN (Gipuzkoa), NIF B20953816, and with customer/USER service phone number 943 88 98 88.

And on the other hand, the USER, who has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to HOTEL DOLAREA.

Object of the Contract

This contract is intended to regulate the contractual relationship between the PROVIDER and the USER at the time the latter accepts, during the online contracting process, the rental of rooms for temporary accommodation.

The contractual relationship for accommodation booking involves the rental of the selected property for a limited time, in exchange for a determined and publicly displayed price on the website. Extra services must be contracted at the time of booking.

Contracting Procedure

To access the services or products offered by the PROVIDER, the USER must be of legal age and provide personal data on the website to manage the booking.

The USER must freely and voluntarily provide the personal data required, which will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

Once the data has been registered, it is informed that, in accordance with Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

  1. General contracting clauses.
  2. Activation of bookings.
  3. Right of withdrawal (cancellations).
  4. Claims and online dispute resolution.
  5. Force majeure.
  6. Competence.
  7. Generalities of the offer.
  8. Price and validity period of the offer.
  9. Transport costs.
  10. Payment methods, charges, and discounts.
  11. Purchase 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, placing a booking with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF BOOKINGS AND PAYMENT

The PROVIDER will inform the USER in advance of the procedure to follow to book the accommodation.

The automatic system for calculating availability and prices allows the USER to choose the room they wish to book. The booking and payment conditions will be specified at the time of booking.

Deposits

HOTEL DOLAREA does not have a deposit system. In the event of damage to the accommodation, the procedure will follow the regulations.

Failure to Execute the Distance Contract

In the event that the contract cannot be executed because the accommodation is not available due to force majeure, the USER will be informed of the unavailability and will be accommodated in a hotel of the same or higher category, with HOTEL DOLOREA assuming the transportation and additional costs. If the USER does not accept the proposed accommodation option, they will be entitled to cancel the booking and receive a full refund of the amount paid without any cost, without any liability for damages attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the activation of the service does not occur because the data provided by the USER is false, inaccurate, or incomplete.



3. CANCELLATIONS (Right of Withdrawal)

According to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws in its art. 103 l), the right of withdrawal shall not apply to contracts concerning the provision of accommodation services for purposes other than housing, goods transport, vehicle rental, food, or services related to leisure activities, if the contracts specify a specific date or period of execution.

Therefore, the right of withdrawal does not apply.

However, the USER has the same rights and deadlines to proceed with cancellations and/or claim any defects or flaws in the reservation, both online and offline.

Any cancellation must be communicated to the PROVIDER through the reservation management section enabled on the website or by email to info@hoteldolarea.com, indicating the corresponding reservation number.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaints that the USER deems appropriate will be attended to as soon as possible and can be made using the following contact details:

HOTEL DOLAREA AVENIDA DE NAVARRA, 57 20200 BESAIN (Gipuzkoa) Telephone: 943 889 888 Email: info@hoteldolarea.com

If any breakdown occurs in the facilities or electrical appliances during the rental period, the USER must immediately notify the PROVIDER to resolve these incidents promptly.

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. If alternative accommodations are not available, the PROVIDER will refund the total amount paid.

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and HOTEL DOLAREA, without the need to resort to courts of justice, through the intervention of a third party called a dispute resolution body, which acts as an intermediary between both parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

Neither party shall be liable for any failure due to force majeure. The performance of the obligation will be delayed until the cessation of the force majeure event.

6. COMPETITION

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

If any provision of these conditions is considered void or unenforceable, the validity, legality, and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, understood, and accepted these General Conditions in their entirety.

7. GENERAL TERMS OF THE OFFER

Details of each reservation, such as accommodation and meal plan, are provided to the USER in their respective description on the website.

All sales and deliveries made by HOTEL DOLAREA are understood to be subject to these General Conditions.

No modification, alteration, or agreement contrary to HOTEL DOLAREA's Commercial Proposal or stated here will have effect, except for an expressly written agreement signed by HOTEL DOLAREA. In such cases, these specific agreements will prevail.

Given the continuous technical advancements and product improvements, HOTEL DOLAREA reserves the right to modify its specifications concerning the information provided in its advertisements, until it affects the value of the services offered. These modifications will also be valid in case the possibility of supplying the offered services is affected for any reason.

Check-in and Check-out

Check-in: Check-in begins at 12:00 noon, subject to availability at the hotel reception. If arriving earlier, the USER can call ahead and leave luggage in the storage.

Upon arrival at the hotel, in accordance with current legislation, the USER must present the reservation form and all occupants of the accommodation must be identified through their ID card or valid government-issued identification.

Subsequently, the USER will sign the WELCOME TO YOUR HOTEL document, which acts as a contract, and will make the payment according to the agreed conditions, either in cash or by credit card.

Check-out: The check-out time is until 12:00 noon. If the customer has not vacated the hotel room by noon, it will be considered that they are extending their stay for an additional day and will be billed accordingly.

Extra Services

If the USER is interested in booking an extra service, it must be done at the time of reservation under the conditions specified in the booking engine at the time of booking. These conditions will be specified in the confirmation email received by the user after making the reservation.

If the USER wishes to bring pets, they must contact the HOTEL for authorization and inform HOTEL DOLAREA at the time of booking, where they will be informed of the price.

  • Pets are not allowed to be left alone in the room.
  • Access for animals (except guide dogs) is not allowed in the hotel's cafeteria.
  • The hotel reserves the right to reject a reservation with more than two pets in the room.

Customer Responsibilities

  • The USER agrees to comply with the Community regulations. During rest hours from 22:00 to 9:00, using rooms for party celebrations or making noise is not allowed. Under no circumstances is it allowed to occupy the accommodation with more people than its maximum capacity.
  • Electricity and water usage must be rational.
  • Hanging towels and clothes on balcony railings is prohibited.
  • Children must always be accompanied by their parents and under their responsibility.
  • The USER is responsible for the proper behavior of all accompanying guests. Otherwise, the PROVIDER reserves the right to expel occupants from the accommodation without the right to future claims or any form of compensation.
  • HOTEL DOLAREA will not be responsible for any direct or indirect damages that may occur as a result of misuse of the accommodation.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each reservation include Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services and attachments to the purchased service.

The prices applicable to each property are those published on the website and will be expressed in EURO currency. The USER acknowledges that the economic valuation of some services may vary in real time. Prices may change daily until the reservation is made.

Every payment made to HOTEL DOLAREA entails the issuance of an invoice upon consent (art. 63.3 RD 1/2007) in the name of the registered USER or the business name provided at the time of ordering. This invoice will be delivered to the USER upon the completion of the rental and payment for the contracted services. The invoice can be downloaded in PDF format by accessing the management panel on the website with the user account. If the USER wishes to receive it via email, they must request it through any of the means provided by the PROVIDER, with the understanding that they can revoke this decision at any time.

For any information regarding the reservation, the USER may contact HOTEL DOLAREA's customer service telephone at 943889 888 or via email at info@hoteldolarea.com.


9. TRANSPORTATION EXPENSES

There are no transportation expenses.

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following payment methods for placing an order:

Credit card, cash at the hotel

Security Measures

The website employs generally accepted information security techniques in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures, and cryptographic mechanisms, to prevent unauthorized access to data. For these purposes, the USER agrees that the PROVIDER obtains data for the corresponding authentication of access controls.

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

The following activities are prohibited under the credit card brand programs: selling or offering a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.

11. PURCHASE PROCESS

The website features a search system by different parameters to facilitate accommodation selection. Types of bookings include:

  • Reservation with immediate confirmation: Minimum service price as stipulated on the website. Reservation can be made online and additional services can be added as needed.
  • Price not available: If the service price is unavailable, the USER will be promptly informed via email or phone.

Select entry and exit dates, number of guests (adults and children), and any selected extra services to add to the cart. The cart displays selected services, quantity, price, and total amount. The cart has no administrative linkage; it serves as a simulated budget section without commitment from either party.

From the cart, an order can be placed by following these steps for proper formalization:

    • Billing information verification.
    • Reservation verification (dates, services, etc.).
    • Selection of payment method.
    • Place the order (purchase).

Once the order is processed, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the order.

From the Reservations Management section, the description and characteristics of the accommodation, included services, optional services (extras), and contracted specific conditions can be reviewed.

12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any 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, when the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.

The exercise by the PROVIDER of any of its rights or powers under this Clause shall not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.

13. WARRANTIES AND RETURNS

The warranty for the services offered shall comply with the following articles based on Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Conformity of services with the contract

  1. Unless proven otherwise, it shall be deemed that the services are in conformity with the contract provided they meet all the requirements set out below, unless due to the circumstances of the case, any of them is not applicable:

    a) They conform to the description provided by HOTEL DOLAREA. b) They are fit for the purposes for which services of the same type are normally used. c) They are suitable for any special use required by the USER, provided that HOTEL DOLAREA was informed of this at the time of entering into the contract and agreed that the service was suitable for such use. d) They have the quality and performance features which are usual in services of the same type and which the USER can reasonably expect, given the nature of the services and any public statements on the specific characteristics of the services made by HOTEL DOLAREA. e) HOTEL DOLAREA describes the details, technical characteristics, and photographs of the properties provided by their owners, and is not bound by these public statements.

  2. Non-conformity resulting from a service not provided or rendered shall be equivalent to non-conformity of the contract, provided that responsibility for this rests with HOTEL DOLAREA or is within their control; on the other hand, where the service not provided or rendered is due to the negligence or misconduct of the USER, no non-conformity of HOTEL DOLAREA shall be considered, and the terms of the contract shall be deemed to be met.

  3. Liability for non-conformities known to the USER or which they could not have ignored at the time of entering into the contract, or which originate from information supplied by the USER, shall not apply.

Responsibility of HOTEL DOLAREA

The PROVIDER shall be liable to the USER for any non-conformity existing at the time of delivery of the accommodation. HOTEL DOLAREA recognizes to the USER the right to repair of the service, its replacement, price reduction, and contract termination.

Repair and Replacement of Accommodation Service

  1. If the accommodation service does not conform to the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies HOTEL DOLAREA of the chosen option, both parties must abide by it. This decision of the USER is without prejudice to what is stipulated in cases where repair or replacement fails to bring the service into conformity with the contract.

  2. Any form of rectification that imposes costs on HOTEL DOLAREA that are unreasonable in comparison to the alternative form of rectification shall be considered disproportionate, taking into account the value the service would have had if there had been no lack of conformity, the significance of the lack of conformity, and whether the alternative form of rectification could have been carried out without significant inconvenience to the USER.

Conditions for Repair and Replacement

  • Costs necessary to remedy the lack of conformity of the contracted services shall be borne by HOTEL DOLAREA.
  • Repairs shall be carried out within a reasonable period and without significant inconvenience to the USER, taking into account the nature of the services and their intended use.
  • If, after repair and delivery of the accommodation, it remains non-conforming with the contract, the USER may demand its replacement, a reduction in price, or contract termination.
  • If replacement fails to bring the property into conformity with the contract, the USER may demand repair, a reduction in price, or contract termination.

Price Reduction and Contract Termination

Price reduction and contract termination shall be at the discretion of the USER when they cannot demand repair or replacement of the service, and in cases where these have not been carried out within a reasonable period or without significant inconvenience to the USER.

Termination shall not be applicable where the lack of conformity is minor.

Criteria for Price Reduction

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

Deadlines

Unless proven otherwise, delivery shall be deemed to have taken place on the day specified in the reservation.

The USER shall inform HOTEL DOLAREA of any lack of conformity as soon as they become aware of it or, at the latest, upon completion of the stay.

Unless proven otherwise, it shall be deemed that the USER's communication has taken place within the established period.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed and interpreted in accordance with Spanish law insofar as not expressly provided otherwise. HOTEL DOLAREA and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER's domicile.

If the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting themselves to the Dispute Resolution Body which will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, refer to Clause "4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION" in these Conditions.