GENERAL LEGAL CONDITIONS- SMY HOTELS

 

Last modified: 10 de agosto de 2022

  1. GENERAL

Management company:

HOTELOGY SL

CIF B57964629

EDIFICIO LOGITRAVEL, PARCELA 3B (PARC BIT) 

CTRA. PALMA – VALLDEMOSSA KM 7,4 

07121 PALMA DE MALLORCA

ILLES BALEARS - ESPAÑA

Address: 

EDIFICIO DISSET - DESPACHO C-6 (PARC BIT)

07121 PALMA DE MALLORCA

ILLES BALEARS - ESPAÑA

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, below are the identification details of the company that owns the domain: 'smyhotels.com' (hereinafter, the Website):

Corporate name: HOTELOGY S.L. onwards, SMY HOTELS)

VAT number: B57964629

Head Office: Edificio Logitravel, Parcela 3B (Parc Bit) – Ctra. Palma – Valldemossa km 7,4, 07121 Palma de Mallorca, España.

E-mail address: info@smyhotels.com

Registration details in the Commercial Register: Page PM-78691 Volume 2657 Folio 210 Entry 9.

 

INTRODUCTION

The transaction carried out through the website will be invoiced by one of the listed companies, with which the contract is understood to have been concluded. The present Terms and Conditions are applicable to each and every one of the companies on the list, and therefore the expression SMY HOTELS is a denominative term for any of them.

The use of the Website and the contracting of the services (the "Services") offered therein, implies the acceptance by its users and/or clients (hereinafter, both referred to indistinctly as "User" or "Users") of the General Contracting Conditions, Specific Conditions defined in the purchase process and the Privacy Standards that are updated periodically, so it is important that the User reads them every time he/she visits the Website, as well as all the specific conditions of each Service, which must also be accepted.

By simply browsing the Website, no agreement exists between SMY HOTELS and the User. SMY HOTELS offers through the Website information related to the Services marketed through it. The Website offers information on the hotels marketed by SMY HOTELS (the "Hotels").

By accessing and browsing the Website, the User agrees to accept the general conditions set out below (the "Conditions"), and it is therefore recommended to carefully read this section before starting. SMY HOTELS reserves the right to change, modify, add or delete any part of the Conditions at any time and to make changes to the Services without prior notice. Therefore, we advise you to read these documents before using the functionalities offered by this website, as well as each time you access it.

All technical means and requirements needed to access the Website and the Services shall be for the exclusive account of the User, as well as any expenses or taxes to which the provision of the Services may give rise.

SMY HOTELS offers on this website information about its hotels and the promotions active in them, and users can make reservations directly online and manage the reservations made. Users may also register for the loyalty programme in order to receive commercial offers tailored to their profile. By accessing and using this website, you agree to be bound by the conditions set out below, so you are advised to read this section carefully before browsing.

 

USERS' OBLIGATIONS 

Users undertake to use this Website in a lawful manner, in accordance with the provisions of these terms and conditions and in a way that does not damage the rights or interests of SMY HOTELS or third parties. Without limitation and in no way limiting or excluding, the User also undertakes to:

  • Not to engage in activities that are illegal or contrary to public order or good faith;
  • Not to try to access, modify, manipulate and, where appropriate, use the accounts of other Users;
  • Not to use the data published on the website to send unsolicited communications (spam).
  • Not to introduce or disseminate false, misleading, ambiguous or inaccurate information or content on the website in such a way as to mislead the recipients of the information, nor to disseminate content of a racist, xenophobic, pornographic, terrorist apology nature or that violates human rights or the rights of minors;
  • Not to carry out actions that involve or entail a violation of the intellectual property rights of SMY HOTELS or third parties;
  • Not to cause damage to the physical and logical systems of SMY HOTELS, its suppliers or third parties;
  • Not to introduce or disseminate computer viruses or use any other physical or logical systems that may cause the aforementioned damage.
  • Not to remove, alter, evade or manipulate any protection device or security system installed on the pages of this website.

 

USE OF THE PRE-BOOKING AND BOOKING SERVICES BY THE USER THROUGH THE WEBSITE

Pre-reservation services:

The online Pre-Reservation services are merely informative, and their sole purpose is to offer the user the possibility of consulting the availability of a room in a hotel or aparthotel of their preference and interest.

 
Online reservation services

The purpose of the Online Reservation services is to reserve those rooms and apartments that are intended by the User in any of the hotels belonging to the Smy Hotels chain. The use of these online reservation services constitutes a contract between the parties with full and unreserved acceptance by the user of each and every one of the general terms and conditions that regulate its use, without being necessary or required by the parties. your written transcript.

 
Exclusion of liability: 

This Website is provided "as is" and its use is carried out at the User's own risk, therefore, neither SMY HOTELS, nor its administrators, workers, suppliers or collaborators will be responsible for damages, of any nature, direct or indirect. no, that derives from the use of the Web, expressly excluding SMY HOTELS to the full extent provided by law, any type of guarantee, whether express or implicit.

SMY HOTELS does not guarantee the availability and accessibility of the Web, although it will make all reasonable efforts in this regard. Occasionally, interruptions may occur for the time necessary to carry out the tasks corresponding to maintenance operations.

SMY HOTELS is not responsible for possible damages derived from interferences, interruptions, computer viruses, telephone breakdowns or telephone disconnections due to causes beyond the control of the aforementioned entity; of delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing center, telephone lines, the Internet system or other electrical systems; nor of any other alteration that may occur in the Software or Hardware of the Users. Nor does it guarantee the absence of viruses, malware, Trojans or other elements that may cause alterations in the User's computer system, documents or files, excluding any liability for damages of any kind caused to the User for this reason. Similarly, SMY HOTELS will not be liable for damages caused by third parties through illegitimate interference beyond its control. 

Nor will it be liable for damages caused by the use or misuse of the contents of the Web, nor for the consequences that may arise from errors, defects or omissions in the contents that may appear on this Web provided by the Users themselves or other third parties. SMY HOTELS does not assume any obligation or responsibility regarding those services that it does not provide directly.

In any case SMY HOTELS will assume any responsibility for the contents of the links belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and legality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

 

PASSWORDS

The passwords to access the accounts of registered Users are personal, confidential and non-transferable. Registered Users are solely responsible for maintaining the confidentiality and security of their account, assuming these exclusively the consequences of any kind regarding the activities carried out through it. Users undertake to immediately notify SMY HOTELS of any breach of the security of their account.

 

DENIAL OF ACCESS AND CANCELLATION OF ACCOUNTS

SMY HOTELS reserves the right to deny access to the Web, as well as to suspend or cancel the accounts of those Users who fail to comply with these conditions; in the event of unforeseen technical or security issues; account inactivity for a significant amount of time; or in compliance with a request and/or a police, judicial or administrative order.

Said cancellation or suspension will be carried out at the sole discretion of SMY HOTELS and will not give rise to any type of compensation.

 

PROCESSING OF PERSONAL DATA

Users consent to the processing of their personal data with the scope and in the terms indicated in our privacy policy, which is available on the Web, said policy also being incorporated into these conditions by reference. In said policy, Users will find information on how to exercise their rights of access, deletion, limitation and rectification of their personal information, as well as opposition to its treatment and portability.

 

INTELLECTUAL PROPERTY AND COPYRIGHTS

Without prejudice to the contents over which third parties hold intellectual rights, the intellectual property rights of the Web, the domain name, its source code, design and navigation structure and elements contained therein (by way of example, images, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, etc.) are the property of SMY HOTELS, who has the exclusive right to exploit them in any way, and, especially the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of current legislation on intellectual property. The reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website in any medium and by any technical means, without the authorization of SMY HOTELS or, in its case, of the third parties that hold the intellectual or copyright property rights over the affected content. Notwithstanding the foregoing, the website user may view the elements of this website and even print, copy and store them on the hard drive of their computer or on any other physical medium as long as it is solely and exclusively for their personal use. and private. Those entities or persons who, with the prior authorization of the owner of this website, intend to establish a link with it, must guarantee that they only allow access to this website or service but that they do not reproduce its contents and services.

 

APPLICABLE LAW AND JURISDICTION

Without prejudice to the rights recognized to consumers by Royal Legislative Decree 1/2007, of November 16, this website will be governed by Spanish law, excluding its conflict of law rules and any dispute that may arise from its use. or the services linked to it will be subject to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca, users expressly renouncing their own jurisdiction if they had it.

 

AGE OF MAJORITY AND LEGAL CAPACITY

The User declares that he is of legal age (over 18 years of age or 21 in some jurisdictions) and has the necessary legal capacity to contract the Services offered on the Website in accordance with the Conditions, which he fully understands. In the event of contracting by a minor, SMY HOTELS will not be responsible in any way, and the minor, their parents or guardians must assume the expenses and consequences that this may cause. Access to the Web is the exclusive responsibility of the Users.

 

ACCEPTANCE OF CONDITIONS

Once the User has accessed the Web, to proceed with the contracting of the Services, they must follow all the indications and instructions contained in the purchase procedure, completing for this purpose the Particular Conditions and other forms established for each Service, which It will imply the reading and acceptance of all the General and Particular Conditions of application.

By checking in to accept the Conditions, the User ratifies the contract with SMY HOTELS, confirming the dates indicated in their reservation, the chosen Hotel, the number of rooms and people, and any other Particular Condition of the Service that is detailed in the purchase procedure. The User undertakes to confirm the veracity and accuracy of the information provided, being null any contract in which the user has provided false information. Vouchers or contract confirmation documents resulting from false information will not be accepted at any Hotel. In those cases in which the User has made a reservation with false information, the User will be responsible for the processing and operating expenses generated by their reservation and will indemnify the hotel for the loss of profit derived from the reservation of rooms that will not finally be contracted. by the User, or by third parties.

The Conditions and price of the contracted reservation are those that are expressly determined in the purchase procedure, reserving SMY HOTELS the right to modify the prices prior notification to the User.

Once the contract has been made, SMY HOTELS will send the User the receipts and/or documents applicable to the specific reservation by e-mail.

These Conditions, the specific conditions of sale of the rate reserved by the User and the voucher or reservation request, express the entirety of the obligations between the parties.

No general or specific condition communicated by the User can be integrated into these Conditions.

The documents that make up the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the particular conditions of the reserved rate) and these Conditions.

In case of contradiction between the reservation voucher and the cancellation conditions, the provisions of the reservation voucher will be the only applicable for the obligation in question.

 

RATES AND BILLING

The itemized rate will show the final price of the contracted Service, indirect taxes or any other rate or tax that is applicable in the country where the Service is provided.

Some countries request to enter and/or leave their territory, fees that must be paid by the User as a tourist or visitor, and that must be collected by SMY HOTELS who must subsequently remit them to the Government of said country. SMY HOTELS will make its best efforts so that the User is informed of said rate prior to contracting.

However, if any country or region introduces fees in such a way that it is not possible to notify the User prior to contracting, the User expressly authorizes SMY HOTELS to charge said fee through the chosen means of payment.

SMY HOTELS will not send Users invoicing, vouchers or other documents related to the reservation in paper format in any case. The User accepts the commitment of SMY Hotels with the environment, and therefore accepts the electronic method of receiving documents.

The prices related to the reservation of the Services are indicated before and during the reservation.

Prices are expressed per room, number of people and for the selected date.

The prices are confirmed to the User with all taxes included, without including some local taxes such as the tourist tax and/or ecotax, in the commercial currency of the Hotel (which in certain cases may be different from the local currency of the Hotel) and are valid only for the period indicated on the website.

All reservations, regardless of their origin, must be paid in the currency of the Hotel, except for specific provisions indicated in the Hotel.

The currency conversion is indicated for information only, never contractual. Only the currency that has been confirmed at the time of booking is guaranteed (if said currency is different from that of the Hotel, the possible costs of changing the currency will be borne by the User).

At the time of making your reservation, you can inform the data that you require to appear in the billing of the services. Some hotels can generate invoices electronically. The original file is certified and available online at the email address provided by the hotel.

 

PAYMENT METHODS 

SMY HOTELS will indicate in the reservation form, depending on the Hotel and its anticipation, the means of payment available. The User must make the payment through any of the methods offered.

Depending on the Hotel and the anticipation of the reservation, the forms of payment offered may be the following:

  • Payment by credit or debit card. This method of payment can be made in the following ways:
  • In the Non-refundable mode, the full amount of the reservation will be charged at the time of confirming the reservation.
  • In the flexible payment method, payment will be made according to the cancellation policies of the reservation (subject to modifications)

If you accept payment by card, you must present the card upon arrival at the hotel. In case of not showing the card, SMY HOTELS reserves the right to cancel the reservation.

  • Payment by credit card that does not belong to the members of the reservation: In the case of a card payment in which the holder is not the person enjoying the stay, the holder must provide additional information to that required in the purchase process. . In the event that said information is not provided correctly, payment must be made at the hotel, and if it is not provided, the reservation will not be valid.
  • Payment at Destination: Payment may be made at destination by the User, in cash or by card, once they arrive at the Hotel. In this case, the User will enter, as a guarantee of the reservation, the buyer's card data and in the event of modification or "no show" the penalties indicated on the Website and on the voucher will be charged by SMY HOTELS. In no case is it guaranteed that the means of payment used for the initial guarantee can be used for payment at destination. Cash payments must be made in the currency of the Hotel.

ADDITIONAL SERVICES

When the services of any third party that offers to provide services other than hotel reservations, such as flights, rail and bus transfers, or car rental, are promoted either on the website www.SMYHOTELS.com or in any other medium, these services are operated by third parties and will be governed by the terms and conditions of said third party service provider. SMY HOTELS is not responsible for the correct provision of services or any other contingency of these third-party service providers, and is not particularly responsible for delays, cancellations or errors in the published information.

 

RESERVATIONS, CANCELLATIONS AND CUSTOMER SERVICE

The User may cancel the reservation through the Web, call center or from the hotel itself. If you wish to modify your reservation, you must contact the Call Center or directly with the hotel where you are going to stay.

The conditions of modification, cancellation or no show of the reservation will be those that appear in the purchase process specified on the Web and that the User knows and expressly accepts at the time of making the reservation.

If you make a change or cancellation that involves costs, these will be charged directly to the card that was provided as a guarantee at the time of purchase.

  • It will be understood as modification:
  • Modification of the entry date
  • Shorten the initially booked reservation
  • Modify the number of contracted rooms if the reservation is within the cancellation period indicated on the Website.
  • Modify the type of reservation room.

These clauses are not valid for reservations made with special rates. In this case, the respective established conditions will apply.

Contact with SMY HOTELS to request information, make suggestions or make a claim, will be made through the form that is activated when accessing the "Contact" link located at the top of the Web or by telephone or via email to the emails from each hotel in question.

 

NO-SHOW

It is considered "no show" when the client does not show up at the Hotel on the day of entry and has not canceled the reservation. In the event of a no-show when the reservation has been guaranteed by credit card, SMY HOTELS will charge the rate indicated in the cancellation policy shown at the time of making the reservation. The charge will be issued to the credit card that the client provided to guarantee the reservation. Cancellation policies may vary according to the market and reserved dates, always being shown in the conditions of sale of the reserved rate.

If when making your reservation you have opted for a non-refundable rate, the penalty would be 100% of the total amount of the stay.

 

STAYH AT THE HOTEL

Upon arrival at the Hotel, the means of confirmation of the reservation will always be the voucher.

The User undertakes to carry the voucher and to display it at the time of check-in, accepting that if said document is not presented, the conditions of the reservation cannot be guaranteed.

The User accepts and undertakes to use the room and the facilities of the Hotels in an appropriate manner. Any behavior contrary to good customs and public order may allow the Hotel to ask the User to leave the establishment without any compensation or without any type of reimbursement if a charge has already been made.

 

VALIDITY OF OFFERS

The offers of the Web will only be valid during the time they remain accessible to the Users for their effective contracting through the established purchase process.

The price shown on the Website is based on the current rate for the User's country of residence, taking their IP address as a reference. In the event that an erroneous calculation occurs due to a discrepancy between the User's access IP and his or her country of origin, SMY HOTELS reserves the right to modify the system's price, notifying the User in advance.

In the event that SMY HOTELS cancels the reservation due to a fortuitous event or force majeure, the reservation will be canceled without the right to claim or compensation. Said assumption must be communicated to the User, if possible, through the channel used to confirm the reservation.

 

CONSERVATION PRINCIPLE

If one or more of the clauses included in the Conditions were declared totally or partially null or ineffective, this declaration will affect only said provision or that part that has been so declared, subsisting the Conditions in everything else, having such provision or part of the same affected, for not lying.

 

NOTIFICATIONS

All notifications, requests, petitions and other communications that must be made by the parties in relation to the Conditions, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the latter's email.

 
info@smyhotels.com