General conditions of use and contracting.
1. Legal information of the Holder.
In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), we hereby inform you of the following legal aspects of the following website:
|Owner:||The Owner of the Domain of the website HOTEL TERRAZA S.A. (hereinafter HOTEL TERRAZA).|
|Address:||Av. de Rhode nº 32, 17480 Roses, Girona|
|TAX IDENTIFICATION NUMBER:||A17122375|
|Registration details:||Girona Companies Register in volume 707, book 589, section 3, page 141, folio 10.305, 1st entry.|
2. Object and scope of application.
The purpose of these General Conditions of use and contracting is to regulate the provision of the information supplied on the website www.regala.hotelterraza.com, as well as the legal relationship arising from the contracting processes carried out between users and the owner of this website.
3. User status and acceptance.
Access, use and browsing of the website confers the condition of "User" on the visitor and implies acceptance, without reservations of any kind, of the Legal Notice and Conditions of Use. Access to the website www.regala.hotelterraza.com is free of charge.
The contracting of any product confers the condition of "Client" and the Client must know and accept the General Contracting Conditions included in this text, as well as, if applicable, the Particular Conditions.
Only persons over 18 years of age are authorised to make use of the e-commerce services through this website.
By accepting the General Conditions of use and contracting, the Client declares:
1st. That he/she is a person of legal age and has the capacity to contract.
2º. That he/she resides in Spain or in a place where Spanish legislation is in force.
3º. That he/she has read and accepts these General Conditions.
HOTEL TERRAZA makes available to Users and Clients the e-mail address email@example.com so that they can ask any questions about the General Conditions.
4. Modification of the Legal Notice and General Conditions.
HOTEL TERRAZA may modify the General Conditions without prior notice to the consumer/user, so it is advisable to read them before each visit to our website. These modifications are applicable as of their publication on the website and cannot be applied to previously concluded contracts.
In any case, the date of revision of the General Terms and Conditions will be indicated. Each purchase is governed by the General Terms and Conditions in force on the date of the order. In any case, the General Terms and Conditions may be consulted prior to any contracting process.
5. Responsibility of HOTEL TERRAZA.
All products displayed and offered on our website comply with the legal precepts established in the current Spanish legislation. Access to the website will be voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect that may arise from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our website and the user is obliged to hold HOTEL TERRAZA harmless for any claims arising directly or indirectly from such events.
HOTEL TERRAZA is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in users' computer equipment and devices, caused by reasons beyond the control of HOTEL TERRAZA, that prevent or delay the provision of services or browsing the shop, or delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, or the impossibility of providing the service or allowing access for reasons not attributable to HOTEL TERRAZA, due to the user, third parties, or force majeure. HOTEL TERRAZA does not control, in general, the use that users make of the website. In particular, HOTEL TERRAZA is not responsible in any case that users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
The civil liability of HOTEL TERRAZA for the products supplied is limited to the amount of the same, the user or consumer waives any liability to HOTEL TERRAZA for any concept in any case of dissatisfaction of the products purchased through our website as well as possible failures, slow access or errors in accessing it, including loss of data, or other information that may exist in the computer or network of the user accessing HOTEL TERRAZA.
6. Obligations of customers and users.
In general the user is obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using our website in any way that may prevent, damage or impair the normal operation of the same, the property or rights of HOTEL TERRAZA, its suppliers, other users or in general any third party. Access and use of the portal is prohibited to minors without the express consent of their parents, HOTEL TERRAZA is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify the age of the same.
Specifically, and without this implying any restriction to the previous section during the use of the website the user is obliged to:
a) To provide truthful information about the data requested in the user registration form or when placing an order, and to keep them up to date.
b) Not to enter, store or disseminate on or from the website, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
c) Not to introduce, store or disseminate through the shop page any programme, data, virus, code or any other electronic or physical device that may cause damage to our website, to any of the services, or to any of the equipment, systems or networks of HOTEL TERRAZA, of any other user, of the suppliers of HOTEL TERRAZA or in general of any third party.
d) To diligently keep the "user name" and "password" provided by HOTEL TERRAZA, assuming responsibility for any damages that may arise from the improper use of the same.
e) Not to carry out advertising or commercial exploitation activities through the website, and not to use the contents and information of the same to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties, without express authorisation.
f) Not to use false identities, nor to impersonate the identity of others in the use of the website or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.
g) Not to destroy, alter, use for use, render useless or damage the data, information, programmes or electronic documents of HOTEL TERRAZA, its suppliers or third parties.
h) Not to introduce, store or disseminate through the shop page any content that infringes intellectual or industrial property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
7. Placing the order.
The steps to follow to complete the purchase process are indicated:
|Step 1||Log on to https:// www.regala.hotelterraza.com||To place an order it is necessary to log in to the website.|
|Step 2||Go to the GIFT section, select the beauty or spa treatment that the user wishes to purchase.||To proceed with the purchase of products, the User must add the product he/she wishes to purchase to the basket, according to the instructions on the screen.|
|Step 3||Validate the purchase.||Filling in the order forms provided for this purpose (Invoicing details, Type of shipment, Delivery details, Payment method and Order) and validating the purchase.
Validation of the order by the Customer expressly implies knowledge and acceptance of these General Terms and Conditions as part of the conclusion of the contract. Unless proven otherwise, the data registered by HOTEL TERRAZA constitutes proof of all transactions carried out between HOTEL TERRAZA and its clients. HOTEL TERRAZA will file the electronic document in which the contract is formalised and this will be accessible.
Once the purchase has been made and as soon as possible, always within 24 hours of the purchase being made, HOTEL TERRAZA will send the Client a proof of purchase by e-mail.
|Step 4||Make the payment.||Selection of the payment method and making the payment through the corresponding gateway.|
8. Availability of treatments and SPA.
The selection of treatments offered through our website are valid as long as they are visible on our website.
In the event of the unavailability of a spa or massage service, the HOTEL TERRAZA will contact the Client to inform him/her immediately. If it is not possible to provide the treatment, we will proceed to change it to another one for the same price or cancel it.
The prices of the products are indicated on the website including VAT. During the purchase process, the amount corresponding to the tax charge will appear broken down according to the rate in force at any given time and applicable to the products.
With regard to the vouchers, when the user decides to reside in the Hotel, he/she will have to pay the tourist tax, since he/she is registered as a user staying at the hotel.
If the user wishes to stay at the hotel, then he/she must follow the conditions established by the hotel for his/her accommodation.
HOTEL TERRAZA has the following means of payment for the Client, being the:
- Payment by Credit Card: Visa and Master Card have developed a system for secure payments on the Internet. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) identifying the cardholder before authorising payment over the Internet.
HOTEL TERRAZA adheres to this security protocol so that, once you have selected the product to be purchased and entered your card number, a window from the Issuer will open asking for your identification, displaying one of the following icons:
Your card details and password are protected by this security system from the moment they are entered. Once the identification has been completed, the Issuer informs HOTEL TERRAZA that the purchase is being made by the cardholder, so that the cardholder can complete the process. If the identification has not been satisfactory, the Issuer informs HOTEL TERRAZA so that it can proceed accordingly.
This window is beyond the control of HOTEL TERRAZA, and the Issuer is responsible for any incident that may arise with the same, and must contact said entity if they find themselves in this situation.
HOTEL TERRAZA reserves the right to refuse any credit card transaction. In this case we will proceed to refund the cash to the original card.
We will not proceed with the purchase of the product that you intend to purchase through the website, if you have not previously proceeded to pay for the product requested.
12. The beauty and spa treatments offered by Hotel Terraza (voucher/gift voucher).
Hotel Terraza's Spa offers wellness experiences with beautiful views of the sea. In the Spa section of our website the user can choose the experience or treatment that best suits him/her.
Hotel Terraza offers the possibility of making CHECKS/GIFT VOUCHERS on its website. Once the user has made the purchase of the desired spa treatment, he/she will have the option of making a gift voucher. The user must indicate the e-mail address to which they would like the cheque to be sent in PDF format. Once the user has received the gift voucher by e-mail, he/she should contact us by e-mail at firstname.lastname@example.org or by telephone 922.214.171.124, where he/she should specify the date on which he/she wishes to have the treatment or if at the time of the treatment he/she wishes to stay at our hotel. This amount of accommodation is not included in the gift voucher.
The vouchers/gift vouchers are not fixed on a special date or in a specific period of time, but the user will always have to contact us to specify the date for the treatment.
HOTEL TERRAZA will not send any e-mail with the gift voucher until it has been verified that the payment has been made.
In the event that the vouchers/gift vouchers have expired or in the event of circumstances beyond the control of the parties (for example, in the event of a natural catastrophe, world pandemic, or any other force majeure impediment), or if the person receiving the voucher or gift voucher is unable to travel to our hotel, they will have to contact us via email email@example.com, in order to extend the validity of the voucher/gift voucher for a further six months.
13. Returns, exchanges and cancellations of the treatment or gift voucher.
When you place an order online, in addition to the benefit of our policy that allows you to make HOTEL TERRAZA allows you to exchange the purchased product or return it within 15 calendar days from the date of purchase. Once this period has elapsed, no cancellations or refunds of vouchers/gift vouchers can be made.
For its part, HOTEL TERRAZA will not be able to substitute the selected treatment without prior consultation with the Client, or if the client has a voucher/gift voucher. If, for reasons beyond the control of the HOTEL TERRAZA spa service, the treatment selected by the client or included in the voucher/gift voucher cannot be carried out, the client will be offered the possibility of exchanging it for a substitute treatment of similar characteristics or for another treatment at the same price, even giving the right to cancel the treatment requested by the client.
In order to cancel the cheque/gift voucher, the customer/user must do so within 15 calendar days by sending an e-mail to firstname.lastname@example.org.
To change the treatment of the cheque/gift voucher, the client/user must do so within 15 calendar days by sending an e-mail to email@example.com, indicating which treatment he/she wishes to have. If you wish to have another treatment that has a higher price than the contract price, you will have to pay the difference.
If the client chooses to reimburse the amount of the product, we will proceed to reimburse the price of the product by the means of payment used or that which you indicate. We will proceed to carry out the refund within 30 calendar days of receipt of the order. In the event that the payment platform has been Paygold, the refund will be made within a maximum of 15 days.
The total responsibility of HOTEL TERRAZA, for whatever reason, will not exceed, in any case, the total value of the defective goods supplied. HOTEL TERRAZA will not, under any circumstances, outside the provisions of this clause, be liable for any damages, especially for loss of profit, or damages. The indemnities provided for in this clause shall exclude any other indemnity due to defects or lack of quality or quantity.
HOTEL TERRAZA is responsible for providing at the time of the sale of the product the necessary documentation to manage any type of incident.
14. Right of withdrawal.
In accordance with the provisions of Article 102 of 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, states that the consumer and user may exercise the right to withdraw from the contract during the period of 14 calendar days, without giving any reason, incurring the costs described in articles 107.2 and 108 of the aforementioned legal precept. The legal term will expire 14 calendar days after the user/consumer has acquired possession of the goods purchased through the website.
As established in article 104, paragraph 1, letter a), as it is a service contract, the 14 calendar days will start to count from the day of the conclusion of the contract, from the reception of the payment confirmation email.
-How to exercise the right of withdrawal.
To exercise the right of withdrawal you must notify HOTEL TERRAZA in writing of your decision to rescind the right of withdrawal by writing to HOTEL TERRAZA.
In order to comply with the withdrawal period, it is sufficient that the communication regarding your exercise of this right is sent before the expiry of the aforementioned period of 14 calendar days. The user/customer, regardless of the means chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. Remember that the communication must be made and sent within the legally stipulated period.
-Consequences of withdrawal.
In the event of withdrawal on your part, all payments received will be refunded without undue delay and, in any case, no later than 14 calendar days from the date of receipt of the returned goods at the HOTEL TERRAZA premises.
Such reimbursement will be made using the same means of payment used for the transaction, unless you have expressly provided otherwise.
The refund will be made upon receipt of the communication from the user within 14 calendar days, the refund will be made without any delay.
Please follow the instructions for returning the product indicated in this document.
All notices, demands, requests and other communications to be made by the parties in relation to these General Conditions must be in writing and shall be deemed to have been duly given when they have been delivered by hand or sent by ordinary mail to the other party's address or email address, or to any other address or email address that each party may indicate to the other for this purpose.
16. Invalidity and ineffectiveness of clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and the General Conditions shall remain in force in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
17. Extra-contractual dispute resolution.
Following the guidelines set by Law 7/2017 of 2 November 2017, which transposes into Spanish law the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
The new legislation requires that in the event of a dispute between a consumer and an entrepreneur (Article 3 of the aforementioned Law), it can be resolved by means of an out-of-court procedure before the competent regional body (Article 26 of the aforementioned Law). The purpose of this law is to ensure that consumers resident in the European Union have access to mechanisms for resolving consumer disputes.
- Catalan Consumer Agency: Department of Consumer Affairs of the Generalitat de Catalunya, the user/consumer can make a complaint by clicking on the following link.
- European Union: The user/consumer can also access the digital platform for alternative dispute resolution by clicking on the following link.
18. Applicable law. Submission to jurisdictions.
Purchases made at HOTEL TERRAZA are subject to the provisions of Spanish law.
These General Conditions of Contract are subject, among others, to the following regulations:
- Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade ("LOCM").
- Law 7/1998, of 13 April, on General Terms and Conditions of Contract ("LCGC").
- Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November ("TRLGDCU").
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce ("LSSICE").
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights. ("LOPDGDD").
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- Law 7/2017 of 2 November 2017 transposing into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, where applicable, will hear the matter, shall be those provided for in the applicable legal regulations on competent jurisdiction, which, in the case of end consumers, shall be the place of fulfilment of the obligation or the place of domicile of the purchasing party.
The parties submit, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the town of Figueres.
Last updated: December 2020.