GENERAL BOOKING CONDITIONS

GENERAL BOOKING CONDITIONS FOR:

WWW.SERAWAHOTELS.COM

1.- IDENTIFICATION OF THE PARTIES.

On the one hand, SERAWA HOSPITALITY, S.L., hereinafter SERAWA, whose other identification data are included in the Legal Notice and owner of the domain WWW.SERAWAHOTELS.COM, hereinafter Website, and on the other hand, the User who contracts the products offered on the Website. SERAWA and the User, may be designated according to the context as the party/parties.

2.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.

The present general booking conditions, from now on GBC, govern the reservation contracts between SERAWA and the User, regardless of the channel in which it has been carried out: Website, e-mail or telephone call.

The User, who declares that he/she has sufficient legal capacity* to contract, will be linked to these GBC at the moment that he/she makes a reservation in any of the channels indicated above.

The GBC may be unilaterally modified by SERAWA without previous notice, however, the User will be bound to those in force at the time of making the reservation.

The possible particular conditions that may be applicable, or the modification of the present GBC, must be formalised by means of a separate document, which, in order to be effective, must be signed by both parties.

*LEGAL LIMITATIONS: It is understood that the User is not under 18 years of age. Minors are technically restricted from registering on this website and therefore may not make purchases or reservations, in compliance with legal regulations. Data sent by minors will not be processed, as this is prohibited by law.

3.- PAYMENT CONDITIONS. PRE-CONTRACTUAL AND CONTRACTUAL IMPROVEMENT.

Reservations can be made, as indicated above, through three channels: Website, e-mail or telephone call.

The User can choose where he/she wants to make the reservation, at FASOLUS RESORT S.L (SERAWA Alicante) or at GEMA HOTEL S.L (SERAWA Moraira), and then choose the suite he/she likes the most or the one that has availability.

The User must be very attentive to the General Booking Conditions (GBC) of the hotel in question, as they will be different depending on the hotel and the season.

Reservations made on this website go to each hotel, FASOLUS RESORT S.L (SERAWA Alicante) or GEMA HOTEL S.L (SERAWA Moraira), depending on where the reservation is made, as each is a different company.

The parties will not be bound until the contract has been concluded both in the pre-contractual and contractual phase.

4.- FEES AND APPLICABLE TAXES.

The prices of the accommodations are indicated, according to the case, per month, per week or per day.

The prices of the accommodation are inclusive of VAT (IVA).

SERAWA is not responsible for any errors in the published fees, in which case, the User will be duly informed of this circumstance, and may choose between contracting the service for the correct amount or canceling the aforementioned services without any cost or penalty.

SERAWA reserves the right to modify the price list published on the Website when it considers it appropriate. In any case, the above will not be applicable to those services contracted prior to the modification.

The prices are guaranteed at the time of booking for the dates requested, any change of dates may change the rate to be applied, so we recommend you check the current rate at the time of confirming the changes.

SERAWA reserves the right to cancel any booking that could be interpreted as a group booking.

5.- METHODS OF PAYMENT.

The User has the following means of payment available:

– Payment by bank card (Visa, MasterCard, AMEX, Diners Club):

In general, payment of the booking will be made directly on arrival at the establishment.

It is necessary to guarantee the reservation with a credit card indicating the cardholder, number, type of reservation and expiry date. The credit card must be valid at the time of booking and the appropriate measures must be taken to ensure that the information sent is correct. SERAWA is not responsible for any errors in the information received.

During the high occupancy season, SERAWA may request the guest to pay a percentage of the reservation in advance via email.

6.- OBLIGATIONS OF THE PARTIES.

6.1.- Obligations of SERAWA:

Ø To provide the services in accordance with the GBC and without breaching good contractual faith.

Ø To make available to the User the GBC and the specific conditions where applicable.

Ø To send the User proof or an invoice for the products contracted.

6.2.- User’s Obligations:

Ø Fulfil its entirety the established in the GBC and, where applicable, with the particular conditions that apply.

Ø Complete the registration forms with accurate and current information. The User will be the only one responsible for the accuracy and updating existing information.

Ø Keep the data provided protection immediately notify of the loss, mislaying, theft, robbery, illegitimate access as well as its knowledge to third parties.

Ø Respect the rules of the community of owners to which the property may belong. Respect silence between 22:00 and 08:00 both in the room and in the common areas.

Ø Respect the number of occupants established in the reservation.

Ø Leave the property in the same state of conservation and cleanliness as it was at the time of entry.

Ø Act diligently, at all times adhering to the canons of good use and good faith in the contract throughout the life of the contract.

7. CHECK IN AND OUT.

Ø Check-in time at the hotel: from 15:00 hrs onwards.

Ø  Time of departure from the hotel: before 12:00 hrs.

The User must leave the accommodation in the same condition in which he/she found it, otherwise there will be an additional cost for the User. Both SERAWA and the accommodation provider shall be entitled to verify compliance with this obligation..

8.- VARIOUS PROVISIONS.

8.1.- Pets.

As a general rule, pets are not allowed, unless otherwise indicated on the Website.

8.2.- Parking.

Parking is outside the hotel, no reservation is needed.

9.- RESPONSIBILITY OF THE PARTIES.

9.1.- User’s responsibility.

The User will be responsible, for himself/herself and for the other occupants of the dwelling, whether or not they have been indicated at the time of formalising the reservation, and jointly and severally, for the amounts owed as well as damages and/or losses caused in the dwelling, considered as a whole, including all the elements that make it up, by way of example and not limitation, furniture, objects, etc., provided that they are not reasonably worn out by the ordinary

use of the dwelling and each of the elements that make it up.

It is not allowed to occupy the dwelling by more people than those indicated at the time of formalising the reservation; failure to comply with this obligation may lead to the termination of the contract due to the User‘s failure to comply, with loss of the amounts paid for rent and deposit.

If the User wishes to add more occupants than those allowed, he/she must request written consent from SERAWA. The occupation of the accommodation by more people than the number of people stated in the booking will result in immediate expulsion without the right to reimbursement of the booking amount.

9.2.- Responsibility of SERAWA

SERAWA will not be responsible in any way for any loss and/or damage caused to User and the occupants during the rental period.

SERAWA may modify or cancel any of the essential elements of the rental contract in case of force majeure or fortuitous event.

This Website is not responsible for any typographical, formal or numerical errors that the Website may contain, nor for the accuracy of the information contained therein, nor does it accept responsibility for identified or anonymous opinions expressed by persons and/or entities on this Website.

In the event of rental, partial and/or total leasing and sale of this Website, we exclude all liability for the content and veracity of the information contained therein, the buyer/lessee being fully and completely responsible for it.

10.- BREACH OF CONTRACT.

Both contracting parties must proceed to comply with the obligations assumed in this contract in the terms established throughout it. In the event that either of the parties should fail to comply with any of the essential obligations of this contract, or should fail to comply with them in a defective manner, the party that has in turn complied with its own obligations may consider that there has been a breach of contract under the terms established in Article 1.124 of the Civil Code, being entitled to choose between terminating the contract or demanding compliance, claiming, in both cases, the corresponding compensation for damages.

11.- PROCEDURE, CANCELLATION AND WITHADRAL RIGHTS, AND LEGAL GUARANTEE.

11.1.- Procedure.

In order to exercise the rights of cancellation, withdrawal and use of the guarantee, the User must contact SERAWA through:

⁃ SERAWA Alicante

11.2.- Right of Cancellation.

In the event of cancellation, modification or no-show, the following penalties shall apply:

By making a reservation at the establishment, the User accepts its cancellation and no-show conditions, as well as the additional terms and conditions that may affect their reservation and/or stay.

The general cancellation policy indicated on the establishment’s information pages, as well as in the booking process and in the confirmation e-mail.

CANCELLATION FOR GEMA HOTEL S.L (SERAWA Moraira):

  • Cancellable up to 7 days prior to arrival (Cancellable up to 7 days prior to arrival, late cancellations will be charged the total amount of the reservation)
  • Cancellable 5 days prior to arrival (Cancellable up to 7 days prior to arrival, late cancellations will be charged the full amount of the reservation)
  • Cancellable 2 days before arrival (Cancellable up to 7 days before arrival, late cancellations will be charged the total amount of the reservation)
  • Non Refundable(Full amount is charged at the moment of reservation) Depending on the season, some conditions are set or others. CANCELLATION FOR FASOLUS RESORT S.L (SERAWA Alicante):
  • Cancellable up to 7 days prior to arrival (Cancellable up to 7 days prior to arrival, late cancellations will be charged the total amount of the reservation)
  • Cancellable 5 days prior to arrival (Cancellable up to 7 days prior to arrival, late cancellations will be charged the full amount of the reservation)
  • Cancellable 2 days before arrival (Cancellable up to 7 days before arrival, late cancellations will be charged the total amount of the reservation)
  • Non Refundable(Full amount is charged at the moment of reservation) Depending on the season, different conditions apply.

The amount of the penalty will be used to cover the costs incurred and the damages suffered, as well as for the loss of profits.

No difference will be paid to the User if he/she decides to withdraw from the accommodation before the end of the contracted stay.

In the event that, for unforeseen reasons not attributable to SERAWA, the contracted accommodation is not available, SERAWA shall provide the User with another accommodation of equal or superior characteristics. The User shall not pay the difference in price, if any, and shall not be entitled to claim any compensation in this respect.

For the cancellation of the Vouchers, no cancellations or modifications are permitted. At the time of booking the hotel will charge 100% of the stay. This amount is non-refundable.

11.3.- Right of withdrawal.

In accordance with Article 103 letter L of the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, “The right of withdrawal shall not be applicable to contracts that refer to: The provision of accommodation services for purposes as housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance”.

12.- NOTIFICATIONS.

For the purposes of making the appropriate notifications, SERAWA designates the address specified on the Website as the contact address.

The e-mail address provided by the User during the registration process on the Website shall be used by SERAWA for the purpose of sending notifications to the User.

The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.

All Notifications made by SERAWA to the User shall be deemed to have been validly effected if they have been made using the data and by the means indicated above. SERAWA shall not be liable for any damage that may be caused by the User‘s failure to comply with his obligation to keep his contact details updated.

13.- INTELLECTUAL AND INDUSTRIAL PROPERTY ON THE CONTENTS OF THE WEBSITE.

All the elements that make up the Website, as well as its structure, design and source code, are the property of the aforementioned author and are protected by intellectual and industrial property regulations. The photographs hosted on this Website correspond in their total ownership to the authors mentioned next to them.

No acts of reproduction, modification, distribution or public communication of the Website or any of its elements may be carried out without the prior consent of this Website.

Users of the Website may only make private and personal use of its contents.

It is absolutely forbidden to use the Website or any of its elements for commercial or illicit purposes.

This Website will not assume any responsibility derived from the use by third parties of the contents of the website and may exercise all the civil or criminal actions that correspond to it in the event of infringement of these rights by the User.

14.- DURATION OF THE GENERAL BOOKING CONDITIONS.

The period of validity of these General Booking Conditions shall be the time that they remain published on the Website and shall be applicable from the moment the User proceeds to Book any of the services..

15.- APPLICABLE JURISDICTION.

In case of litigation between the parties, territorial jurisdiction shall correspond, imperatively, to the Court in which the rented property is located.

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