Introduction
This contractual document will govern the General Conditions for the purchase of tickets (hereinafter, "Conditions") through the website https://www.hace.es/hotel-playa-de-la-luz/beach-club/, owned by HOTEL PLAYA DE LA LUZ, S.A. under the trademark BEACH CLUB HOTEL PLAYA DE LA LUZ, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by HOTEL PLAYA DE LA LUZ S.A. It is the USER's responsibility to read them periodically, as those in force at the time of purchase will apply.
Contracts will not be subject to any formality, except for those cases 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 the contents herein.
▪ Is a person with sufficient legal capacity to make the purchase.
▪ Assumes all obligations set forth herein.
These terms and conditions will be valid indefinitely and will apply to all purchases made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of current legislation, and reserves the right to unilaterally modify the terms and conditions, without affecting goods or promotions that were purchased prior to the modification.
Identity of the Contracting Parties
On the one hand, the PROVIDER of the tickets purchased by the USER is HOTEL PLAYA DE LA LUZ S.A.,
with registered office at AVENIDA DE LA DIPUTACION 56, 11520 ROTA - CADIZ, Tax ID No. A11006095, and customer service telephone number 956810500.
On the other hand, the USER who purchases the tickets on the website is responsible for the accuracy of the personal data provided to the PROVIDER.
On the other hand, the USER is registered on the website using a username and password, for which they are fully responsible for their use and safekeeping, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the Contract
This contract regulates the contractual sales relationship established between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online purchasing process.
The contractual sales relationship entails the delivery of a specific product in exchange for a price determined and publicly displayed on the website.
GENERAL PURCHASE CONDITIONS
Data Rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify us by email at [email protected] so that HOTEL PLAYA DE LA LUZ S.A. can correct them as soon as possible.
Purchase Procedure
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or a minor with sufficient capacity to make the purchase. To do so, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of December 5 (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, agreeing to use them diligently and not make them available to third parties. They will also inform the PROVIDER of any loss or theft thereof, or of possible access by an unauthorized third party, so that the PROVIDER can immediately block them. Once you have selected the ticket(s) you wish to purchase, please be advised that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow these steps:
1. General contracting clauses.
2. Delivery and confirmation of the order.
3. Right of withdrawal, if applicable.
4. Claims and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. General information about the offer.
8. Price and validity period of the offer.
9. Payment method, charges, and discounts.
10. Purchase process.
11. Dissociation and suspension or termination of the contract.
12. Guarantees and returns.
13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply acceptance by the US.
USER 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. SHIPPING AND DELIVERY OF TICKETS
The PROVIDER will not ship any order until it has verified that payment has been made.
Tickets will be sent to the email address you have provided, or they can be downloaded from the same purchase page once the process has been completed.
Shipping or downloading will be immediate once payment for the order has been confirmed.
Failure to Execute the Distance Contract
If the contract cannot be executed because the contracted event does not take place within the expected timeframe, the USER will be informed that they are entitled to cancel the order and receive a refund of the full amount paid free of charge, and without incurring any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER in refunding the full amount, the
USER may claim double the amount owed, without prejudice to their right to compensation for damages incurred in excess of that amount.
The PROVIDER will not assume any liability if delivery of the purchased ticket is not made due to the information provided by the USER being false, inaccurate, or incomplete.
The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and to present any reservations and claims that may be justified.
If the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to follow to complete this download.
3. RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the date of the purchase agreement in the case of a service, to exercise their right of withdrawal, regulated in Article 102 of 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, hereinafter RDL 1/2007. If the PROVIDER fails to comply with its obligation to provide information and documentation regarding the right of withdrawal, the period for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.
The right of withdrawal will not apply to the contracts referred to and listed in Article 103 of Royal Decree-Law 1/2007, which are listed here. Specifically, and with regard to the provision of our services, the following are exempt:
- l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food, or services related to recreational activities, if the contracts
stipulate a specific date or period of execution.
Any refund must be communicated to the PROVIDER using the form provided for this purpose or by email to [email protected], indicating the corresponding invoice or order number.
INDICATE OTHER INSTRUCTIONS FOR RETURNS
COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be addressed as quickly as possible and can be submitted to the following contact addresses:
Postal Address: AVENIDA DE LA DIPUTACION 56 11520 ROTA - CADIZ
Telephone: 956810500
Email: [email protected]
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue 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/
4. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Compliance with the obligation shall be delayed until the force majeure event ceases.
5. JURISDICTION
The USER may not assign, transfer, or transfer the rights, responsibilities, and obligations contracted in the sale.
If any provision of these terms and conditions is deemed void or impossible to enforce, the validity, legality, and enforceability of the contract shall be deemed to be invalid.
The rest will not be affected in any way, nor will they be modified in any way.
The USER declares that they have read, understood, and accept these Conditions in their entirety.
6. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of HOTEL PLAYA DE LA LUZ or to what is stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER. In this case, these specific agreements shall prevail.
7. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each ticket include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services or ancillaries to the purchased product.
The prices applicable to each event or ticket are those published on the website and are expressed in euros. The USER assumes that the economic value of some products may vary in real time.
Before making the purchase, you can check all the details of the quote online: tickets selected, quantities, price, availability, handling fees, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once payment has been made, prices will remain the same whether or not additional tickets are available.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the USER or the company name provided at the time of placing the order. As a general rule, invoices are not sent.
If you wish to receive one, you must request it through any of the methods made available to you by the PROVIDER. The PROVIDER informs you that you may revoke this decision at any time.
For any information regarding your order, the USER may contact us by email at [email protected].
8. PAYMENT METHODS, FEES, AND DISCOUNTS
PREMIUMGUEST, SL, under the PREMIUMGUEST trademark, with registered office at Passeig de la Muntanya, 6A 3 1, 08860 CASTELLDEFELS (Barcelona), Tax ID No. B67131839, is responsible for the financial transactions on this website and offers the following payment methods:
▪ Credit card
▪ PayPal
The USER may use a coupon or discount code prior to completing the purchase, if available.
Security Measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the
user/customer agrees that the provider may obtain data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited.
9. PURCHASE PROCESS
Any entry available on our Website can be added to the cart. Only the items, quantity, price, and total amount will be displayed. Once the cart is saved, if applicable, taxes, fees, and discounts will be calculated based on the payment information entered.
The shopping carts have no administrative obligation; they are simply a section where you can simulate a budget without any commitment on either side.
From the shopping cart, you can place an order by following these steps for proper completion:
1. - Check billing information.
2. - Check buyer information.
3. - Select payment method.
4. - Place the order (purchase).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another email to the USER confirming the order.
10. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed unlawful, void, or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply
the obligations established in this contract or any
legal provision, license, regulation, directive, code of practice, or policies applicable to it.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.
11. WARRANTIES AND RETURNS
The warranties will comply with the provisions of the Title referring to "Warranties and After-Sales Services" of 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, which can be accessed by clicking here.
12. APPLICABLE LAW AND JURISDICTION
These conditions will be governed by or interpreted in accordance with Spanish law insofar as it is not expressly established. Any dispute that may arise from the provision of the products or services covered by these Terms and Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place where the obligation is performed, or the place where the property is located, if it is real estate.
INFORMATION SOCIETY SERVICES LAW (LSSI)
HOTEL PLAYA DE LA LUZ S.A., responsible for the website, hereinafter CONTROLLER, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), BOE No. 166, as well as to inform all users of the website about the terms of use.
Any person accessing this website assumes the role of user and undertakes to strictly observe and comply with the provisions set forth herein, as well as any other applicable legal provisions.
HOTEL PLAYA DE LA LUZ S.A. reserves the right to modify any information that may appear on the website, without being obligated to notify or inform users of such obligations. Publication on the HOTEL PLAYA DE LA LUZ S.A. website is deemed sufficient. 1. IDENTIFICATION DATA
Domain name: www.hotelplayadelaluz.com
Commercial name: _HOTEL PLAYA DE LA LUZ_________________
Company name: _HOTEL PLAYA DE LA LUZ S.A.__________
NIF: _A11006095_________________________________
Registered office: _AVENIDA DE LA DIPUTACION 56 11520 ROTA - CADIZ
Telephone: _956810500___________________________
E-mail: [email protected]_____________________
Commercial Registry of _CADIZ_, Volume 100, Folio _52__, Sheet _297__, Inscription _1ª_____.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The website, including but not limited to its programming, editing, compilation, and
other elements necessary for its operation, designs, logos, text, and/or graphics, are
the property of the CONTROLLER or, where applicable, are licensed or expressly authorized by the
authors. All website content is duly protected by intellectual and industrial property regulations and is registered in the corresponding public registries.
Regardless of the intended purpose, any total or partial reproduction, use,
exploitation, distribution, and marketing always requires prior written authorization from the CONTROLLER. Any use not previously authorized is considered a serious breach
of the author's intellectual or industrial property rights.
Any designs, logos, text, and/or graphics not belonging to the CONTROLLER and that may appear on the website belong to their respective owners, who are responsible for any potential disputes that may arise regarding them. The CONTROLLER expressly authorizes third parties to directly redirect to the specific content of the website and, in any case, to redirect to the main website of HOTEL PLAYA DE LA LUZ. The CONTROLLER recognizes the corresponding intellectual and industrial property rights in favor of their owners. Their mere mention or appearance on the website does not imply the existence of any rights or responsibility over them, nor does it imply endorsement, sponsorship, or recommendation by the CONTROLLER.
To make any observations regarding possible breaches of intellectual or industrial property rights, as well as any content on the website, you may
HOTEL PLAYA DE LA LUZ S.A.
AVENIDA DE LA DIPUTACION 56 11520 ROTA CADIZ P. 1
Do so by email at [email protected]
3. DISCLAIMER OF LIABILITY
The CONTROLLER disclaims any liability arising from the information published on its website, provided that it has no prior knowledge of the information.
effective evidence that this information has been manipulated or entered by a third party other than the website, or, if applicable, has acted diligently to remove the data or make access to it impossible.
Use of Cookies
This website may use technical cookies (small information files that the server sends to the computer of anyone accessing the page) to perform certain functions that are considered essential for the proper functioning and display of the site. The cookies used are, in all cases, temporary, with the sole purpose of making browsing more efficient, and they disappear at the end of the user's session. Under no circumstances do these cookies provide personal data, and they will not be used to collect such data.
Through the use of cookies, the server hosting the website can also recognize the user's browser to make browsing easier. This allows, for example, previously registered users to access areas, services, promotions, or contests reserved exclusively for them without having to register on each visit.
Cookies can also be used to measure audience and traffic parameters, monitor progress and the number of entries, etc. In these cases, cookies are technically dispensable, but beneficial to the user. This website will not install dispensable cookies without the user's prior consent.
Users can configure their browser to be notified of the receipt of cookies and to prevent their installation on their device. Please consult your browser's instructions for more information.
Link Policy
From the website, you may be redirected to content on third-party websites. Since the CONTROLLER cannot always control the content posted by third parties on their respective websites, it assumes no responsibility for such content. In any case, it will immediately remove any content that may violate national or international legislation, morality, or public order, and will immediately remove the redirection to said website and notify the competent authorities of the content in question.
The CONTROLLER is not responsible for the information and content stored, including but not limited to, forums, chats, blog generators, comments, social networks, or any other means that allow third parties to independently publish content on the CONTROLLER's website. However, and in compliance with the provisions of Articles 11 and 16 of the LSSICE (Spanish Public Service Law), we make ourselves available to all users, authorities, and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or violate national or international legislation, the rights of third parties, or morality and public order. If the user believes that there is any content on the website that could be classified as such, please notify the website administrator immediately.
This website has been reviewed and tested to ensure proper operation. In principle, its proper operation can be guaranteed 365 days a year, 24 hours a day. However, the CONTROLLER does not rule out the possibility of certain programming errors, or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that may cause the website to fail.
HOTEL PLAYA DE LA LUZ S.A.
AVENIDA DE LA DIPUTACION 56 11520 ROTA CADIZ P. 1
make access to the website impossible.
IP Addresses
The website servers may automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity file that allows subsequent processing of the data to obtain solely statistical measurements that allow us to know the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, etc.
4. APPLICABLE LAW AND JURISDICTION
For the resolution of all disputes or issues related to this website or the activities carried out therein, Spanish law will apply, to which the parties expressly submit.
The Courts and Tribunals of the USER's domicile or the place where the obligation is performed shall be competent to resolve all conflicts arising from or related to its use.