General terms and conditions of business

This contractual document shall govern the booking of accommodation services through the website hotelfornoscalatayud.com, owned by HERAC HOSTELERA, S.L., under the commercial brand HOTEL FORNOS CALATAYUD, hereinafter referred to as the SERVICE PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Terms shall remain published on the website at the disposal of the USER in order to reproduce and save them as confirmation of the contract, and may be modified at any time by the SERVICE PROVIDER. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders shall apply.

Contracts shall not be subject to any formality with the exception of the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• He has read, understands and comprehends the contents hereof.
• They are a person with sufficient capacity to enter into a contract.
• Assume all obligations set forth herein.

These terms and conditions shall remain in force indefinitely and shall apply to all contracts entered into via the SERVICE PROVIDER’s website.

The PROVIDER informs that the merchant is responsible for and aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the terms and conditions, without this affecting goods or promotions that were contracted prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation booking service contracted by the USER is HERAC HOSTELERA, S.L., with registered office at Pº CORTES DE ARAGÓN 5, 50300 CALATAYUD (ZARAGOZA), VAT number B99310815 and customer service telephone number 976887880.

And on the other, the USER, registered on the website by means of their personal data, over which they have full responsibility for use and custody, and is responsible for the veracity of the personal data provided to HOTEL FORNOS CALATAYUD.

Object of the contract

The purpose of this agreement is to regulate the contractual relationship between the PROVIDER and the USER at the time the latter accepts, during the online booking process, the rental of properties for temporary accommodation.

The contractual accommodation reservation relationship entails the rental of the chosen property for a limited time in exchange for a set price publicly displayed via the website. Extra services must be booked at the time the reservation is made.

Recruitment procedure

In order to access the services or products offered by the PROVIDER, the USER must be of legal age and provide their personal details on the website to process the booking. 

The USER must therefore provide the personal data requested of them freely and voluntarily; such data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR), and Organic Law 3/2018 of 5 December (LOPDGDD), as set out in the Legal Notice and Privacy Policy on this website.

Once the data has been registered, you are informed that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

1. General contract terms.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Complaints and online dispute resolution.
5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment methods, charges and discounts.
11. Purchasing process.
12. Termination and suspension or cancellation of the contract.
13. Guarantees and returns.
14. Governing law and jurisdiction.

1. GENERAL CONDITIONS OF SALE

Unless otherwise specified in writing, the making of a booking with the SERVICE PROVIDER shall constitute the USER’s acceptance of these legal terms and conditions. No provision made by the USER may deviate from those of the SERVICE PROVIDER unless it has been expressly accepted in advance and in writing by the SERVICE PROVIDER.

2. BOOKING CONFIRMATION AND PAYMENT

The SERVICE PROVIDER shall inform the USER in advance of the procedure to be followed to make a booking.

The automated system for checking availability and calculating prices allows the USER to choose the room they wish to book. The booking and payment terms will be specified at the time of booking.

Bail

HOTEL FORNOS CALATAYUD does not, as a general rule, require guests to pay a deposit. 

In cases where the hotel deems it appropriate, and should the hotel consider it necessary to request one, the security deposit and the amount thereof will be specified at the time of check-in. 

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Failure to perform a distance contract

In the event that the contract cannot be performed because the accommodation is unavailable due to force majeure, the USER shall be informed of the lack of availability, and shall be entitled to cancel the booking and receive a refund of the total amount paid at no cost, and without any liability for damages being incurred by the PROVIDER as a result thereof.

In the event of an unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of double the amount owed.

The PROVIDER shall not assume any liability if the activation of the service fails to take place because the data provided by the USER are false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal)

Right of withdrawal: 

According to Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws, in Article 103(l), the right of withdrawal shall not apply to contracts relating to the provision of accommodation services for purposes other than residential use, the transport of goods, car hire, catering or services related to leisure activities, if the contracts specify a specific date or period of performance.

The right of withdrawal therefore does not apply.

However, the USER has the same rights and time limits to cancel the booking and/or make a claim regarding any faults or defects in the booking, whether made online or offline. 

Any cancellation must be communicated to the PROVIDER via the Booking Management section enabled for this purpose or by email to info@hotelfornoscalatayud.com, indicating the corresponding booking reference number. Cancellation fees in the event of failing to comply with the deadlines established in the booking are the price of the first night's accommodation

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be dealt with as quickly as possible, and can be made at the following contact addresses:

HOTEL FORNOS CALATAYUD
Pº Cortes de Aragón 5, 50300 Calatayud (Zaragoza)
Telephone: 976887880
Email: info@hotelfornoscalatayud.com

If during the rental period any breakdown occurs in the electrical installations or appliances, the USER must notify the PROVIDER immediately in order to resolve these issues as soon as possible.

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER shall replace the booked accommodation with another of the same characteristics. In the event of no accommodation being available, the PROVIDER shall refund the total amount paid.

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and HOTEL FORNOS CALATAYUD, without the need to resort to the courts of law, through the intervention of a third party, called a dispute resolution body, which acts as an intermediary between the two. This body is neutral and will converse with both parties to achieve an agreement, and may ultimately suggest and/or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any breach attributable to force majeure. Fulfilment of the obligation shall be deferred until the force majeure event has ceased.

6. JURISDICTION

The USER may not assign, transfer or pass on the rights, responsibilities and obligations set out in this agreement.

If any provision of these conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner.

The USER declares that they have read, understood and accepted these General Conditions in their entirety.

7. GENERAL INFORMATION ABOUT THE OFFER

The details of each booking, such as the accommodation and meal plan, are communicated to the USER in their respective description on the website.

All sales and deliveries made by HOTEL FORNOS CALATAYUD shall be deemed to be subject to these General Terms and Conditions.

No amendment, alteration or agreement contrary to the Commercial Proposal of HOTEL FORNOS CALATAYUD or to the provisions set out herein shall have effect, unless expressly agreed in writing and signed by HOTEL FORNOS CALATAYUD; in such a case, these specific agreements shall prevail.

In view of ongoing technical advances and product improvements, HOTEL FORNOS CALATAYUD reserves the right to amend the specifications set out in its advertising, provided that this does not affect the value of the services offered. These modifications shall also apply in the event that, for any reason, the ability to provide the services offered is affected.

Entries: 

Check-in will take place from 2.00 pm, subject to availability, at the hotel reception.

• If you arrive early, you can ring ahead and leave your luggage in the left-luggage office.

Upon arrival at the hotel and in accordance with current legislation, the USER must hand in the booking form and all occupants of the accommodation will be identified using their ID card or a valid document recognised by the Spanish government.

The USER will then sign the ‘WELCOME TO YOUR HOTEL’ document, which serves as a contract, and make payment in accordance with the agreed terms, either in cash or by credit card.

DeparturesCheck-out time is until 12:00. Any guest who has not vacated their hotel room by 12:00 noon will be considered, SUBJECT TO AVAILABILITY, to have extended their stay by an additional day and will be charged accordingly. 

Additional services

If the USER is interested in booking an extra service, they must do so at the time of making the reservation in accordance with the conditions shown on the booking engine at the time of purchase. These conditions will be specified in the confirmation email received by the user after making the reservation.

There are accommodation options where pets are permitted; to arrange this, you must inform HOTEL FORNOS CALATAYUD at the time of booking.

Client responsibilities

– The USER undertakes to comply with the Community’s rules. During quiet hours from 22:00 to 09:00, it is not permitted to use the accommodation for parties or to make noise. Under no circumstances may the accommodation be occupied by more people than its maximum capacity allows.

– The use of electricity and water must be rational.

– It is forbidden to hang towels and clothes on the balcony railings.

– Children must always be accompanied by their parents, who are responsible for them.

– The USER is responsible for the proper behaviour of all their fellow guests; otherwise, the PROVIDER reserves the right to evict the occupants from the accommodation, without the right to future claims or any type of compensation.

– Neither HOTEL FORNOS CALATAYUD nor the owner shall be liable for any direct or indirect damage that may arise as a result of the misuse of the accommodation, including, but not limited to: damage to property, loss due to fire, theft, criminal acts, accidents or other types of damage.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices quoted for each booking include Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, postage, handling, packaging or any other additional services related to the service purchased.

The prices applicable to each property are those published on the website and are quoted in euros. The USER acknowledges that the cost of some services may vary in real time. Prices may change on a daily basis until a booking is made.

Every payment made to HOTEL FORNOS CALATAYUD entails the issuing of an invoice with consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name provided by them at the time of placing the order. This invoice shall be delivered to the USER upon completion of the rental and payment for the contracted services. The invoice can be downloaded in PDF format by accessing the management panel on the website using the user account. If you wish to receive it by email, you must request it through any of the means made available by the PROVIDER, and you are informed that you may revoke this decision at any time.

For any enquiries regarding the booking, the USER may contact HOTEL FORNOS CALATAYUD via its customer service telephone number 976887880 or by email at info@hotelfornoscalatayud.com.

9. TRANSPORT COSTS

There are no delivery charges.

10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS

The SERVICE PROVIDER’s booking engine allows you to select and manage your booking without requiring a bank card or advance payment. 

Payment for your stay is made at the hotel once you have checked in. 

Therefore, THE PROVIDER is responsible for the financial transactions and will enable the following methods for making payment for a booking made through the website:

• Payment by bank transfer will be permitted provided it is agreed in advance and prior to booking.
• Credit card: VISA and MasterCard are accepted at the time of check-in at the hotel
• Cash payment is accepted

Security measures

The website uses generally accepted industry information security techniques, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all for the purpose of preventing unauthorised access to data. To achieve these ends, the USER agrees to the PROVIDER obtaining data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to permit any transaction that is, or is considered to be, illegal by the credit card brands or the acquiring bank, or that may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under card brand programmes: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or cardholder or cardholders.

11. PURCHASING PROCESS

The website has a search system using different parameters to make choosing accommodation easier. Types of bookings:

• Instant confirmation booking: Minimum price of the service stated on the website. Bookings can be made online and any extra services you require can be added.
• Price not available: If the price of the service is not available, the USER will be informed as soon as possible, by email or telephone.

Select the check-in and check-out dates, the guests staying (adults and children) and the chosen extra services, and add them to the basket. In the basket, only the selected services, the quantity, the price and the total amount will be shown. Once the basket is saved, taxes, charges and discounts will be calculated based on the data entered.

The baskets have no administrative connection; it is simply a section where an estimate can be simulated without any commitment from either party.

From the basket, an order can be placed by following the steps below for its correct completion:

1. –Date reservation
2. Room choice
3. Checking and confirmation of the booking (dates, services, etc.).
   

Once the order has been processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER'S email confirming the completion of the order/booking. 

THE SERVICE PROVIDER does not charge an advance booking fee through the website.

From the Booking Management section, you can consult the description and characteristics of the accommodation, the included services, optional services (extras) and the specific conditions contracted.

12. SEVERANCE AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations established in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

When the PROVIDER exercises any of their 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.

13. GUARANTEES AND RETURNS

The guarantee of the services offered shall comply with the following articles based on Royal Legislative Decree 1/2007 of 16 November, approving the restated text of the General Law for the Defence of Consumers and Users and other complementary laws:

Conformity of the services with the contract

1. Unless proven otherwise, the services shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless any of them is not applicable due to the circumstances of the case:

a) Conform to the description provided by HOTEL FORNOS CALATAYUD.
b) Be fit for the purposes for which services of the same type are ordinarily used.
c) Being suitable for any special use required by the USER, when this has been brought to the attention of HOTEL FORNOS CALATAYUD at the time of the conclusion of the contract, provided that the latter has accepted that the service is suitable for this use.
d) They exhibit the standard quality and performance of a service of the same type that the customer can reasonably expect, taking into account the nature of the service and, where applicable, the descriptions of the specific characteristics of the services provided by HOTEL FORNOS CALATAYUD.
e) HOTEL FORNOS CALATAYUD describes the details, technical characteristics and photographs of the properties provided by their respective owners, and is therefore not bound by these public statements.

2. Any lack of conformity resulting from a service not being carried out or provided shall be treated as a lack of conformity with the contract, provided that the responsibility for it lies with HOTEL FORNOS CALATAYUD or is under its responsibility; conversely, when the service not being carried out or provided is due to negligence or malpractice on the part of the USER, it shall not be considered any fault of HOTEL FORNOS CALATAYUD and the terms of the contract shall be deemed to have been met.

3. There shall be no liability for lack of conformity which the USER knows about or could not have been unaware of at the time of conclusion of the contract, or which originates from information provided by the USER.

Liability of HOTEL FORNOS CALATAYUD

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time the accommodation is delivered. HOTEL FORNOS CALATAYUD recognises the USER's right to have the service repaired, replaced, the price reduced and the contract terminated.

Repair and replacement of the hosting service

If the accommodation service does not conform to the contract, the USER may choose between demanding its repair or replacement, unless one of these options proves impossible or disproportionate. From the moment the USER informs HOTEL FORNOS CALATAYUD of the chosen option, both parties must abide by it. This decision by the USER is without prejudice to the provisions applicable in cases where the repair or replacement fails to bring the service into conformity with the contract.

Any form of remedy that imposes costs on HOTEL FORNOS CALATAYUD that are unreasonable compared to the other form of remedy shall be considered disproportionate, taking into account the value the service would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be carried out without major inconvenience to the USER.

Repair and replacement shall be subject to the following rules:

– The expenses necessary to remedy the lack of conformity of the contracted services shall be free of charge for the USER.

– They shall be carried out within a reasonable period and without major inconvenience to the USER, taking into account the nature of the services and their purpose for the USER.

– If, once the repair has been completed and the property handed over, it remains non-compliant with the contract, the USER may demand the replacement of the same, a price reduction or the termination of the contract.

– If replacement fails to bring the property into conformity with the contract, the USER may demand the repair of the property, a price reduction or the termination of the contract.

Price reduction and termination of the contract

Price reduction and contract termination shall apply, at the USER'S choice, when the latter cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER.

Termination shall not apply when the lack of conformity is of minor importance.

Criteria for the price reduction

The price reduction shall be proportional to the difference between the value that the service would have had at the time of delivery had it been in conformity with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless proven otherwise, delivery is deemed to have been made on the date shown on the reservation.

The USER must inform HOTEL FORNOS CALATAYUD of the lack of conformity at the time they become aware of it or, at the latest, by the end of the stay.

Unless proven otherwise, it shall be understood that the USER'S communication took place within the established timeframe.

14. GOVERNING LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in matters not expressly established. HOTEL FORNOS CALATAYUD and the USER agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER's domicile.

In the event that the USER has their domicile outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the dispute resolution body which shall act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For further information, please consult the clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Conditions.