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General terms and conditions

Last modified date: August 10, 2022

GENERAL

Management company:
HOTELOGY SL
CIF B57964629
LOGITRAVEL BUILDING, PLOT 3B (PARC BIT)
CTRA. PALMA – VALLDEMOSSA KM 7.4
07121 PALMA DE MALLORCA
BALEARIC ISLANDS - SPAIN

Postal address
DISSET BUILDING - OFFICE C-6 (PARC BIT)
07121 PALMA DE MALLORCA
BALEARIC ISLANDS - SPAIN

In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company that owns the domain is set out below: 'smyhotels.com' (in forward, the Web):

Company Name: HOTELOGY SL (hereinafter, SMY HOTELS)

CIF: B57964629

Registered Office: Logitravel Building, Plot 3B (Parc Bit) – Ctra. Palma – Valldemossa km 7.4, 07121 Palma de Mallorca, Spain.

Email: info@smyhotels.com

Registration data in the Commercial Registry: Sheet PM-78691 Volume 2657 Folio 210 Registration 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. These Terms and Conditions apply to each and every one of the companies on the list, so the expression SMY HOTELS is a reference to any of them.

The use of the Website and the contracting of the services (the “Services”) offered therein, supposes on the part of its users and/or clients (hereinafter, both interchangeably called “User” or “Users”) the acceptance of the General Contracting Conditions, Specific Conditions defined in the purchase process and the Privacy Rules that are updated periodically, so it is important that the User reads them every time they visit the Website, as well as all those specific conditions of each Service, which must also be accepted.

By simply browsing the Web, there is no agreement between SMY HOTELS and the User. SMY HOTELS offers through the Website information related to the Services it markets through it. The Website offers information about the hotels marketed by SMY HOTELS (the “Hotels”).

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

All the means and technical requirements required to access the Website and the Services will be the exclusive responsibility of the User, as well as any expenses or taxes that the provision of the Services may give rise to.

SMY HOTELS offers on this Website information about its hotels and the active promotions in them, allowing users to formalize reservations directly online and manage the reservations made. Likewise, users can sign up for the loyalty program 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 it is recommended that you read this section carefully before starting your navigation.

OBLIGATIONS OF USERS

Users undertake to use this Website lawfully, in accordance with the provisions of these conditions and in a manner that does not harm the rights or interests of SMY HOTELS or third parties. By way of example and in no way limiting or exclusive, the User also undertakes to:

· Not engage in illegal activities or activities contrary to public order or good faith;
· Do not attempt to access, modify, manipulate and, where appropriate, use the accounts of other Users;
· Do not use the data published on the Web to send unsolicited communications (spam).
· Do not introduce or disseminate false, misleading, ambiguous or inaccurate information or content on the website in a way that misleads the recipients of the information, nor disseminate content of a racist, xenophobic, pornographic nature, in support of terrorism or an attack against human or minor rights;
· Do not carry out actions that involve or entail a violation of the intellectual property rights of SMY HOTELS or third parties;
· Not cause damage to the physical and logical systems of SMY HOTELS, its suppliers or third parties;
· Do not introduce or spread computer viruses on the network or use any other physical or logical systems that are likely to cause the aforementioned damage.
· Do not delete, alter, evade or manipulate any protection device or security system that was installed on the pages of this Website.

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

Pre-Booking Services
The online Pre-Reservation services are merely informative, and their purpose is only to offer the user the possibility of checking 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 the rooms and apartments requested 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 it 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 no, that derive from the use of the Website, expressly excluding SMY HOTELS to the full extent provided by Law, any type of guarantees, whether express or implicit.

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

SMY HOTELS is not responsible for possible damages resulting from interference, interruptions, computer viruses, telephone breakdowns or telephone disconnections due to causes beyond the control of the aforementioned entity; 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. Likewise, 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 Website, nor for the consequences that may arise from errors, defects or omissions in the contents that may appear on this Website 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 no case will SMY HOTELS 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, breadth, veracity, validity and legality of any material or information contained in any of said websites. 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, and they exclusively assume 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 Website, as well as to suspend or cancel the accounts of those Users who fail to comply with these conditions; in case of unforeseen technical or security problems; of account inactivity for a significant period of time; or in compliance with a requirement and/or a police, judicial or administrative order.

Such 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 under the terms indicated in our privacy policy, which is available on the Website, and said policy is also incorporated into these conditions by reference. In this policy, Users will find information on how to exercise their rights of access, deletion, limitation and rectification of their personal information, as well as the right to oppose its treatment and portability.

INTELLECTUAL PROPERTY AND COPYRIGHT

Without prejudice to the contents over which third parties hold intellectual rights, the intellectual property rights of the Website, 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; brands or logos, color combinations, structure and design, etc.) are the property of SMY HOTELS, who is responsible for the exclusive exercise of the rights to exploit them in any form, and, especially the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of current intellectual property legislation. The reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of this website on any medium and by any technical means, without the authorization of SMY HOTELS or, where appropriate, is expressly prohibited. case, of the third parties that hold the intellectual property or copyright rights over the affected content. Notwithstanding the above, the user of the website 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 personal use. and private. Those entities or people who, with prior authorization from the owner of this website, intend to establish a link with it, must guarantee that it only allows access to this Website or service but does 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 with the exclusion of its conflict of law rules and any controversy 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, with users expressly waiving their own jurisdiction if they have any.

AGE OF MAJORITY AND LEGAL CAPACITY

The User declares that he or she 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 or she understands in their entirety. In the event of hiring by a minor, SMY HOTELS will in no case be responsible, and the minor himself, his parents or guardians must assume the expenses and consequences that this may cause. Access to the Website is the exclusive responsibility of the Users.

ACCEPTANCE OF CONDITIONS

Once the User has accessed the Website, to proceed with the contracting of the Services, they must follow all the indications and instructions included in the purchase procedure, completing for these purposes the Specific Conditions and other forms established for each Service, which will entail reading and accepting all applicable General and Particular Conditions.

By checking in to accept Conditions, the User ratifies the contract with SMY HOTELS, confirming dates indicated in their reservation, Hotel chosen, number of rooms and people, and any other Specific Conditions of the Service that are detailed in the purchase procedure. The User undertakes to confirm the veracity and accuracy of the information provided, with any contract in which the user has provided false information being void. Bonuses or contract confirmation documents resulting from false information will not be accepted in 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 operational expenses generated by their reservation and will compensate the hotel for the lost profits derived from the reservation of rooms that will ultimately not be contracted. by the User, nor by third parties.

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

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

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 may 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 reservation request (including the particular conditions of the reserved rate) and these Conditions.

In the event of a contradiction between the reservation voucher and the cancellation conditions, the provisions of the reservation voucher will be the only thing applicable to the obligation in question.

RATES AND BILLING

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

Some countries request fees to enter and/or leave their territory 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 to ensure 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 using the chosen payment method.

Under no circumstances will SMY HOTELS send Users billing, vouchers or other documents related to the reservation in paper format. The User accepts SMY Hotels' commitment to the environment, and therefore accepts the electronic method of receiving documents.

The prices relating 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, excluding 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 Hotel's currency, except for particular provisions indicated in the Hotel.

Currency conversion is indicated for informational purposes only, never contractual. Only the currency confirmed at the time of booking is guaranteed (if said currency is different from that of the Hotel, any currency exchange costs 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 the advance notice, the available means of payment. The User must make the payment through any of the methods offered.

Depending on the Hotel and how far in advance the reservation is, the payment methods offered may be the following:

· Payment by credit or debit card. This payment method 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 in accordance with the reservation cancellation policies (subject to modifications).

If you accept payment by card, you must present the card upon arrival at the hotel. If the card is not shown, 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. If this 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 on arrival. Payment can be made at the 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 details and in case of modification or "no show" the penalties indicated on the Website and in the voucher will be charged by SMY HOTELS. In no case is it guaranteed that the payment method used for the initial guarantee can be used for payment at destination. Cash payments must be made in the Hotel's currency.

ADDITIONAL SERVICES

When the services of any third party that offers to provide services other than hotel reservations, such as flights, train and bus transfers, or car rental, are promoted either on the website www.SMYHOTELS.com or in any other media, these services They 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 particularly not 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 for modification, cancellation or no-show of the reservation will be those that appear in the purchase process specified on the Website and that the User knows and expressly accepts at the time of making the reservation.

If you make a modification or cancellation that entails 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 a modification:

· Modification of the entry date
· Shorten the reservation initially reserved
· Modify the number of rooms contracted if the reservation is in the cancellation period indicated on the Website
· Modify the type of reservation room

These clauses are not valid for reservations made at 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 in the upper area of the Website or by telephone or email to the emails from each hotel in question.

NO-SHOW

It is considered a “no show” when the client does not show up at the Hotel on the day of arrival and has not canceled the reservation. In case of 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 depending on the market and reserved dates, always being shown in the sales conditions of the reserved rate.

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

STAY AT THE HOTEL

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

The User agrees to carry the voucher and 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 facilities of the Hotels appropriately. 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 refund if a charge has already been made.

VALIDITY OF OFFERS

The offers on the Website will only be valid for as long as they remain accessible to Users for effective contracting through the established purchasing process.

The quote 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 a discrepancy between the User's access IP and their country of origin results in an erroneous calculation, SMY HOTELS reserves the right to modify the system quote by 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. This 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 are declared totally or partially null or ineffective, this declaration will affect only said provision or that part that has been so declared, the Conditions subsisting in everything else, having such provision or the part of the same affected, for not putting it.

NOTIFICATIONS

All notifications, requirements, requests and other communications that must be made by the parties in relation to the Conditions, must be made in writing and will be understood to 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.

LOYALTY PROGRAM

Smy Club, everything is advantages
Discover Smy Club and start benefiting from multiple exclusive advantages from the first moment.

· The best price, guaranteed
· +10% additional discount
· Free room upgrade (Subject to availability)
· Priority check-in / check-out
· Exclusive offers
· Priority information on new campaigns
· Free early check-in from 1:00 p.m. (Subject to availability)
· Free cot
· Free cancellation due to COVID-19

These benefits may be modified at any time.

Conditions of participation in the program
To be part of Smy Club you must be of legal age and register through the website https://www.smyhotels.com/es/signup/ by completing all required fields. You can only benefit from the benefits of Smy Club by booking through our website www.smyhotels.com.

Communications by electronic means
Smy Hotels may periodically send electronic communications to the members of its loyalty program to inform them about promotions and offers in force at all times.

Data Protection
Users who register with Smy Club consent to the processing of their personal data in accordance with the provisions of the privacy policy.
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