STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACTING OF TOURISM SERVICES


The purpose of this document is to set out the Standard Terms and Conditions applicable in the Contracting of the Online Pre-reservation and Reservation services of


Company name:
DUNA BEACH, S.A.
Commercial name of establishment:
Kumara Serenoa by Lopesan Hotels
Registered office:
AVDA TOUROPERADOR FRITIDSRESOR, NÚMERO 4 - URBANIZACION CAMPO DE GOLF, MASPALOMAS, SAN BARTOLOME DE TIRAJANA, 35100-LAS PALMAS
Taxpayer Identification Number:
A35092303
Registry particulars:
LAS PALMAS COMMERCIAL REGISTRY, Page GC-2038, Volume 812, Sheet 61


Also referred to hereinafter as LOPESAN.


These Standard Terms and Conditions applicable in the Contracting of Tourism Services form an integral part of the Legal Notice. The fact of accessing and navigating in the website or using its services implies acceptance of these Terms and Conditions (and therefore of the Legal Notice, Privacy Policy and Cookies Policy published on the website). Please read them carefully.


Utilization of the Website services shall imply full and unreserved acceptance, and recognition of the validity of, each and every one of the Standard Terms and Conditions of Contracting - which shall be deemed automatically incorporated into the contract signed with LOPESAN HOTEL GROUP without their written transcription being necessary - , as set out in the most recently updated version of these Standard Terms and Conditions. If the services or products on offer through the Website are subject to their own specific conditions which may, where appropriate, replace, supplement and/or amend these Standard Terms and Conditions, LOPESAN shall inform the User accordingly in each such case.


1. SERVICES ON OFFER ON THE WEBSITE


The services on offer via www.kumaraserenoabylopesan.com are the following:


a. Information on the availability of hotel rooms and/or services: this is purely an information service, its sole purpose being to offer the User the possibility of consulting the availability of rooms and/or services. This service will be managed directly by LOPESAN.

b. Online reservation of rooms and/or services: the reservation of the room and/or other specific services via the Website. This service will be managed directly by LOPESAN. Utilization of these services shall imply that the User accepts fully and without reservations, and recognizes the validity of, each and every one of the clauses and terms and conditions of contracting of the services, which shall be directly applicable to the services contracted, without their written transcription being necessary.

c. Reservation of packages: the combined contracting, for an overall price, of a hotel room and services (services internal or external to the hotel), without a breakdown of the price corresponding to each separate item. This service will be managed directly by LOPESAN HOTEL GROUP. Utilization of these services shall imply that the User accepts fully and without reservations, and recognizes the validity of, each and every one of the clauses and terms and conditions of contracting of the services, which shall be directly applicable to the services contracted, without their written transcription being necessary.

d. Hotel+Flight reservations: the combined reservation, for an overall price, of a hotel room and a round trip flight with an airline company and, in some cases, the rental of a self-drive vehicle or other additional service. This service shall be provided through an external service provider.

e. “Just Golf” reservations: the reservation of a Green Fee. This service shall be provided through an external service provider.

f. “Just Spa/Thalasso” reservations: the reservation of any of the services offered by our Spa/Thalasso establishments. This service shall be provided through an external service provider.


Clear and accurate itemized information on the prices of the products or services, online reservations and packages and all the information required by the legislation regulating hotel accommodation, that regulating package travel, or whatever other legislation may be applicable, shall be provided on this Website through the specific terms and conditions corresponding to each of the services finally contracted by the User.


2. CLAUSES COMMON TO ALL THE SERVICES


In order to access the Website services and, where appropriate, to contract them, the User declares that he/she is of full age and has the legal capacity to act pursuant to his/her national law.

The contracting of services marketed directly by LOPESAN via the Website shall imply full and unreserved acceptance, and recognition of the validity, of each and every one of the standard terms and conditions of contracting - which shall be deemed automatically incorporated into the contract entered into without their written transcription being necessary - , as set out in the most recently updated version of such standard terms and conditions.

In the event of contracting third-party products on offer through the Website, the provisions applicable shall be those of the standard terms and conditions of the third parties, in which respect the User is reminded that it is important to print out or download such terms and conditions and to read them carefully.

2.1 Contracting procedure


In accordance with the Legislation In Force in Spain - specifically, the provisions of article 27a) of Law 34/2002 of July 11, 2002 on Information society services and E-commerce - , contracting via www.lopesan.com shall involve the following steps:


Step 1 “Select Hotel/Service”: Selection of the hotel or other service using search parameters, and the dates of the stay or dates over which the service contracted is to be enjoyed.

Step 2 “Select Combination”: Selection of the service or type of room, the number of rooms, number of persons, and type of board. During this step, the User may also contract extras and additional services, with the final price being indicated.

Step 3 “Confirm Reservation”: The reservation is confirmed by entering the User's personal data relative to the reservation, and the details of the bank card used as a guarantee or for the online payment of the service contracted, and by accepting the terms and conditions of the reservation. For this, the customer must provide his/her personal data (name* and surnames*, post code, country*, e-mail address* and/or telephone number) and the details of a credit card of which he/she is the holder (Card holder*, number of the credit card*, expiry date*, and CVC*), the use of which will depend on the form of payment selected by the customer from among the options on offer. Details of the credit card shall not be requested where the payment is made by bank transfer.
All personal data marked with an asterisk (*) are required data and are essential for the provision of the service.
By filling out the personal data form in any of the contracting processes, the data subject authorizes LOPESAN to use and to process by automated means the personal data provided, in order to proceed with the reservation requested and/or manage the internal or external services of LOPESAN HOTEL GROUP. Any customer making a reservation is informed that his/her data will be communicated to the destination hotel or establishment for purposes relating to the management of the reservation and to ensure that it is executed.

2.2 Confirmation of the Contracting Procedure


When using the service, the User, once he/she has entered his/her data and, where applicable, the details of his/her credit card, will receive a confirmation email including confirmation that his/her purchase order is in the process of being confirmed.

Once the reservation has been formalized, the customer is asked to review its contents to check that no material errors have been made when entering the data. If the customer detects any type of error, he/she may contact LOPESAN by telephone or by e-mail, for which the identification particulars of the reservation will need to be given.

The reservation will be confirmed via the website with the corresponding reservation code, with the details of the reservation being displayed on screen.

Similarly, once the charge corresponding to the User's reservation has been made, LOPESAN HOTEL GROUP shall send the User an email with the definitive confirmation of the reservation, setting out each of the specific terms and conditions applicable to the service reserved/contracted.

The electronic contracting process shall be concluded - and the reservation service shall be deemed contracted as a result - as follows:

1. In cases of payment of the service contracted at the hotel/establishment: Upon receipt of the confirmation e-mail.
2. In cases of online payment of the service contracted: When the credit card provided by the customer is effectively charged.
3. In cases of payment by bank transfer: : Upon actual receipt of the payment of 10% of the amount of the reservation, provided this is within a maximum of 14 days of the date on which the online reservation was made.


2.3 Forms of Payment


LOPESAN offers its customers various accepted means of payment for the contracting of the services.

1. Payment of the service contracted at the hotel/establishment: : In this case, the credit card details provided by the customer will be used as a guarantee, without the card actually being charged for the services contracted. The room and/or services contracted will be paid for by the customer at the hotel/establishment, upon check-in or arrival at the establishment.

2. Online payment of the service contracted: Under this form of payment, the amount corresponding to the room(s) and/or services contracted is charged automatically to the card of which details have previously been provided by the customer. The option to make the payment online therefore implies that consent is given to both the reservation of the room and/or service contracted and its payment.

3. Payment by transfer: : This form of payment is offered as an alternative to payment by credit card in some hotels. It consists of the prepayment of 10% of the total amount of the reservation, by bank transfer into the current account of which details are provided to the customer during the electronic contracting process. The transfer must be made within a maximum of 14 days of the date on which the online reservation was made. If the transfer has not been made within that time and/or the payment notification has not been sent to the fax number indicated in the reservation, the reservation shall be automatically canceled. The contract is deemed signed upon receipt of payment of the bank transfer.


Notwithstanding the information provided in the preceding three points, the specific form of payment applicable shall be expressly stipulated for each particular service.



2.4 Right of Withdrawal


The customer is expressly informed that, in accordance with the provisions of article 103 of Legislative Royal Decree 1/2007 of November 16, 2007 approving the revised General Consumer and User Protection Law and other supplementary legislation, the legal provisions regulating the right of withdrawal shall not be applicable to reservations made via www.lopesan.com, to which the specific conditions of the offer regarding cancellation shall in any event be applicable.


2.5 Cancellation policy


The reservation may be canceled using the “cancel” button which appears in the reservation confirmation e-mail or, in the case of a registered customer, by accessing the area for private individuals with the customer’s credentials and searching for the reservation by its locator number. It may also be canceled by telephone, using the number provided for information and reservations on the Website (Call Center).


a. General rules on the cancellation of Hotel Reservations. A reservation may be canceled free of charge up to 6:00 PM of the day before the date of arrival at the Hotel, except in the special cases referred to below. After the time indicated, the customer will be charged in full for the first night for each room reserved. These amounts shall be charged to the credit card of which details were provided by the customer at the time of making the reservation. The customer, by accepting these terms and conditions, expressly authorizes the above.

b. Special rules applicable to cancellations and changes of reservations paid for online (non-refundable reservations). In the case of services contracted which are paid for online, once the credit card has been charged, the reservations cannot be either canceled or changed. These reservations are therefore “non-refundable”.

c. Special rules applicable to cancellations of Reservations at Hotels in Germany and Austria. A series of specific terms and conditions have been established in relation to cancellations of reservations at LOPESAN Hotels in Germany and Austria, and these are directly applicable to customers.


Customer reservations which have been confirmed are binding for both parties. If the parties have not agreed that withdrawal shall be free of charge up to a specified date at the time of formalizing the contract, or the customer does not have the legal right to withdraw from or terminate the contract, the customer must pay the following indemnity to the hotel for cancellation of a confirmed reservation, reduction in the confirmed volume of the reservation or any other form of withdrawal:


1. The hotel/establishment is not entitled to an indemnity if the written cancellation, written reduction in the volume of the reservation, or withdrawal from the contract declared by the customer in writing reaches the hotel at least 30 days before the agreed commencement date of the period over which the services are to be provided.

2. If the written cancellation, the written reduction in the volume of the reservation, or withdrawal declared by the customer in writing reaches the hotel between 10 and 29 calendar days prior to the agreed commencement date of the period over which the services are to be provided, the hotel shall be entitled to an indemnity of 50% of the price of the services in question.

3. If the written cancellation, the written reduction in the volume of the reservation, or withdrawal declared by the customer in writing reaches the hotel less than 10 calendar days prior to the agreed commencement date of the period over which the services are to be provided, or if the customer does not accept the services being offered on the arrival date, the hotel shall be entitled to an indemnity of 90% of the price of the services in question.


d. These cancellation amounts shall be charged to the credit card of which details were provided by the customer at the time of making the reservation. If the prepayment was made by bank transfer, the hotel shall be entitled to request payment via invoice. The invoice for the amount of the cancellation expenses shall be sent to the email or postal address provided by the customer when registering. The customer, by accepting these terms and conditions, expressly authorizes all of the above provisions.


e. Special cancellation rules for Package trips.In the case of services contracted by the customer which are classed as a Package Trip within the meaning of Legislative Royal Decree 1/2007 of November 16, 2007 approving the revised General Consumer and User Protection Law, the penalties envisaged in the law shall be applied.
The management and cancellation expenses referred to in the previous point shall be defined in the specific terms and conditions applicable to each of the services finally contracted by the User.


These cancellation amounts shall be charged to the credit card of which details were provided by the customer at the time of making the reservation. If the prepayment was made by bank transfer, the hotel shall be entitled to request payment via invoice. The invoice for the amount of the cancellation expenses shall be sent to the email or postal address provided by the customer when registering. The customer, by accepting these terms and conditions, expressly authorizes all of the above provisions.


2.6 Policy regarding changes to reservations


Except in the case of reservations paid for online (“non-refundable reservations”), a reservation may be changed free of charge up until 6:00 PM of the day before the date of arrival at the Hotel/establishment. If the change consists of an extension to the dates or number of persons or upgrading of the type of board or room category, the cost shall be based on the pricing terms and conditions set out in the www.lopesan.com website on the date on which the change is made.

2.7 Indemnities payable if the customer fails to show up at the hotel (NO SHOW)


a. General rules of the NO SHOW policy The deadline for arrival at the hotel is 6:00 PM on the arrival date.
If the customer fails to show up and check in at the hotel before 6:00 PM on the date of arrival (unless the reservation has been changed or canceled), his/her credit card (of which the details have previously been provided by the customer) will be charged, by way of indemnity, for the full amount of the first night for each room reserved. The reservation will be canceled automatically. If the expected time of arrival at the hotel on the date envisaged is after 6:00 PM, the customer should contact the hotel directly.

b. Special rules for reservations paid for online (non-refundable reservations). The general rules set out above shall not be applicable when the services contracted have been paid for online. These reservations are “non-refundable” and in a no-show situation, the hotel or establishment will therefore refund no amount to the customer.

c. Special rules for Germany and Austria. If the customer fails to show up at the hotel without prior warning, he/she can be refunded 10% of the stay by way of indemnity in respect of expenses not incurred, pursuant to the German Civil Code (provisions 651 a et seq.).

d. Special rules applicable to Package Trips: If the reservation is classed as a package trip and the User fails to show up at the start of the trip, he/she shall be under the obligation to pay the full amount of the trip, including any amounts which may be pending payment.


3. APPLICABLE LAW AND COMPETENT JURISDICTION


In the event of any of the provisions of these Standard Terms and Conditions of contracting being declared null and void or non-applicable, all the other standard terms and conditions shall remain in force. LOPESAN undertakes, in such circumstances, to replace the clause which has been declared null and void with another which serves as effectively as possible the purpose originally intended.
These Standard Terms and/or Conditions of contracting are subject to the Laws in force in the Kingdom of Spain. LOPESAN HOTEL GROUP and the Users expressly waive their own codes of law, or any others which may be applicable to them, and agree that any dispute which may arise regarding the validity, performance, compliance or termination hereof, whether in full or in part, shall be subject to the jurisdiction of the Courts and Tribunals of Las Palmas de Gran Canaria (Las Palmas, Spain).

This contract sets out in full the entire agreement existing between LOPESAN and the User and it replaces all earlier covenants, commitments, declarations or agreements, whether written or verbal, which may previously have existed between them.

Any dispute which might arise in relation to the provision of the services shall in any event be submitted to the Courts and Tribunals corresponding to the domicile of the consumer.