2. GENERAL TERMS AND CONDITIONS OF THE WEBSITE
2.1 INTRODUCTION
The purpose of this document is to establish and regulate the terms of use as well as the safeguarding of data on the website www.fincaolivar.es (hereinafter referred to as the "Site"), understanding "Site" as all pages and content owned by CM that are accessed through the domain www.fincaolivar.es and its subdomains.
The owner of this Site is CHAIKA MORAIRA S.L. (hereinafter referred to as "CM").
Through the Site, the aim is to provide clients with information services, room reservations, job searches, as well as any other services that may be deemed appropriate for the correct fulfillment of its corporate purpose.
These general conditions regulate the use of the Site's services provided by FINCAOLIVAR.ES to Internet users. Using the Site confers the status of User (hereinafter referred to as the "User") and constitutes full and unreserved acceptance by the User of each and every one of the General Terms and Conditions in the version published by CM at the time the User accesses the Site. Therefore, the User should be aware of the importance of reading them each time they visit the Site.
Accessing this Site implies knowledge and acceptance of the following General Terms and Conditions. Therefore, CM recommends that the User print, download, and read them carefully each time they access the Site. Likewise, the use of the Service is also subject to all notices, regulations of use, and instructions brought to the User's attention by CM, which complement the provisions of these General Terms and Conditions as long as they do not contradict them.
2.2 USE OF ONLINE BOOKING SERVICES OF FINCAOLIVAR S.L. (fincaolivar.es)
2.2.1) Online Booking Services.
These services are intended for room reservations. Using these services entails full and unreserved acceptance and validity of each and every general condition outlined in the latest updated version of these general conditions.
2.2.2) Booking Conditions: By using the service, the User will receive a confirmation email including their booking reference number. This email serves as proof of their reservation and confirmation of acceptance.
2.2.3) Guarantee and Cancellation Policy: Reservations made through this website will be guaranteed through the credit card provided by the User in the form. Failure to check in or cancellation outside the announced period in the booking conditions will result in an automatic charge to the credit card for one or more nights, as well as the cancellation of the reservation, except in cases where the client has booked a "Non-refundable Offer." In such cases, failure to check in or late cancellation will result in the total loss of the stay amount, which CM may retain if already paid or charge to the customer's debit/credit card, or claim by any legally valid means. To cancel a reservation, you may contact the destination establishment from Monday to Sunday or via email at [email protected].
2.3 USE OF SERVICES
The User agrees to use the services in accordance with the law, morality, good customs, public order, and the provisions of these General Terms and Conditions. Consequently, they are obligated not to use the services for illicit purposes and/or those contrary to these General Terms and Conditions, that infringe on the rights and/or interests of third parties, or that in any way may damage CM’s services and/or its image, or hinder their proper functioning or that of the services provided or that may be provided in the future.
3. BOOKING REQUIREMENTS AND ACCEPTANCE OF GENERAL BOOKING CONDITIONS
Bookings through this website may only be made by individuals of legal age with full legal capacity. By making a reservation through this website, you expressly and unreservedly accept these General Terms and Conditions as well as the "General Terms of Use of the Website."
CM reserves the right to make any modifications it deems appropriate to these General Terms and Conditions without prior notice. Such modifications may be carried out through the company’s websites and will be mandatory while they are published on the website, except for customers who have booked under the validity of previous general conditions, for whom those will apply. CM also reserves the right to apply specific booking conditions in certain cases with preference over these General Terms and Conditions when deemed appropriate, which will be announced in due time.
4. PRE-CONTRACTUAL INFORMATION
Through this website, you can make a reservation for tourist accommodation at the advertised tourist hotel. Booking accommodation constitutes an electronically signed contract that generates rights and obligations for both the tourist establishment and the User.
CM informs that the booking process through its website is detailed in the "General Terms of Use of the Website," which can be downloaded from the "General Terms" section at the bottom of the screen.
By making a reservation with CM through its website, the User or customer expressly declares that they are aware of, understand, and accept the general terms and conditions of use and booking. Likewise, by booking, the User declares that they are of legal age and have the necessary legal and operational capacity to access CM's websites and contract through them. The User is responsible for keeping their identity and (if applicable) password obtained during customer registration confidential and for not sharing them with third parties.
5. PAYMENT OF THE BOOKING: If a room offer labeled as a "Non-refundable Offer" is booked, the total amount of the reservation will be charged to the provided bank card within 48 hours of booking. For other offers, the total stay amount will be paid on the day of arrival.
6. BOOKING CONFIRMATION: Once the reservation has been made, the User will see the confirmation on the screen, which can be printed as proof. Additionally, an email confirming the reservation will be sent within 24 hours.
7. ACCOMMODATION CONFORMITY: CM guarantees that the accommodation complies with the descriptions on this website. The photographs shown depict various rooms within the same establishment. The final room assigned may not match the images exactly but will be of the same style, in line with the website description, and with similar furnishings.
8. CANCELLATION POLICY:
Non-refundable Offers: If the website mentions "Non-refundable Offer" when booking, canceling the reservation will result in the total loss of the stay amount, which CM may retain if already paid, or charge to the customer’s debit/credit card, or claim by any legally valid means.
Other Offers: If the "Non-refundable Offer" mention does not appear, the customer may cancel the reservation without penalty, provided it is canceled within the deadline stated in the booking conditions. Once the stay has started, the client may cancel the remaining days under the same terms; otherwise, they will forfeit the amount corresponding to the unnotified days.
Failure to check in or late cancellation will result in an automatic charge to the provided credit card for one or more nights, as well as the full cancellation of the reservation.
9.- CHECK-IN AND CHECK-OUT
Check-in time is from 3:00 PM, and check-out time is at 12:00 PM. The User must leave the accommodation in the same condition in which they found it; otherwise, an additional cost may be charged to the User. CM and the accommodation provider have the right to verify compliance with this obligation.
9.- MISCELLANEOUS PROVISIONS
9.1.- ROOM CLEANING. Room cleaning will be carried out exclusively before 3:00 PM. After this time, the hotel is not obligated to clean the room, nor can the User demand it.
9.2.- USE OF CRIBS. The use of cribs must be reserved at least two days in advance due to the limited number of units available. The establishment is not responsible for their availability if the 48-hour advance reservation requirement is not met.
9.3.- ENTRY OF NON-GUESTS. The entry and stay of individuals who are not registered guests of the room are strictly prohibited. Hotel staff is authorized to remove unauthorized persons from the premises.
9.4.- PET POLICY. The entry and presence of pets or companion animals of any kind are strictly prohibited inside the establishment, particularly in rooms and within the perimeter of the premises.
9.5.- SWIMMING POOL. The swimming pool and surrounding areas are for the exclusive use of hotel guests. Inviting non-guests to use or remain in this area is not permitted.
9.6.- THEFT OR LOSS. CM is not responsible for any losses, misplacements, and/or damages that may occur to the client or user during their stay at the establishment. This particularly includes any theft or damage to vehicles, personal belongings, luggage, or any other items, regardless of their value, including total or partial loss.
10.- CANCELLATION OF REMAINING STAY
Once the stay has begun, the client may cancel the remaining reserved days under the same terms established in the previous section regarding reservation cancellations. In cases where a "Non-Refundable Offer" has been contracted, no refund will be issued for the total amount of the stay.
11.- NO RIGHT OF WITHDRAWAL
According to Article 103.i of the Spanish Consumer and User Protection Law (RDL 1/2007), this contract is not subject to the consumer's right of withdrawal.
12.- LANGUAGE OF THIS DOCUMENT AND THE CONTRACT
This document has been downloaded in the language detected by your web browser. If you wish to access it in other languages (Spanish, Catalan, English, French, German, and Italian), you can change the website language using the option at the top of the screen.
13.- OFFICIAL COMPLAINT FORMS
Official complaint forms are available at each of the establishments.
14.- PRIVACY POLICY AND PROCESSING OF PERSONAL DATA
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data (GDPR), as well as Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), all personal data provided during the use of this Website will be processed in compliance with our Privacy Policy. Any User accepting these terms of use explicitly and unequivocally agrees to our Privacy Policy and may exercise their rights in this regard as stated therein.
15.- APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions shall be governed by Spanish law. CM and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of Denia (Alicante) for any disputes or legal actions arising from the provision of the Website service and its content, as well as regarding the interpretation, application, compliance, or breach of these terms and conditions.
