The following terms and conditions serve to regulate the access and use of the URL address www.elyaspa.com (hereinafter the PORTAL), property of Hotusa Hotels S.A., (hereinafter HOTUSA), registered as HOTUSA, C/ Mallorca 351, 08008 Barcelona, with tax identification number CIF A-08452567, registered with the Mercantile Registry of Barcelona with the following details: Page 220 of Volume 3.385 of Companies, Sheet 35.787, 1st inscription 30-09-1997, AND the natural person, hereinafter THE USER, who may access the page to obtain information and contract the services offered through the PORTAL. Prior to the contracting of services, the USER must read the present Terms and Conditions and expressly accept them by clicking on the “I have read and accepted the terms and conditions” button found at the end of the form. The USER should refrain from contracting the services offered by HOTUSA if they do not accept the present Conditions.2. OBJECT OF THE SERVICES OFFERED.
HOTUSA offers its services through the use of the website www.elyaspa.com (hereinafter THE PAGE) from which services typical of the tourism market are offered to the user. In order to provide these services, HOTUSA has obtained the permits and licenses necessary for carrying out their activity. The present general use conditions regulate the generic use of the portal, as well as the effective contracting of the hotel reservation services. Nevertheless, the contracting of a specific reservation shall be subject to the specific terms and conditions established in each case.
Similarly, the USER consents to accept and respect the terms and conditions of purchase established by any hotel entity with which the USER elects to contract, including but not limited to, the payment of any accrued amounts and compliance with any rules and restrictions relating to the availability of rates, products or services. If special rules or restrictions exist that affect the determined rates, products or services selected by the USER, said special rules or restrictions shall be made available to the USER on the screen before proceeding to the reservation. And, the other party, the physical person, hereinafter the USER, who access the page to inform themselves about and contract the services offered through the portal.3. PREREQUISITES.
To begin the contracting process, the USER must comply with the following prerequisites, which shall not be considered to be included in the cited contracting process: Perform a search for one or more services through the corresponding Search Engine provided for that purpose by HOTUSA on the PAGE and select the product(s) or service(s) in which they are interested. Accept the present General Conditions offered prior to the initiation of the contracting process and available for download and printing on the PAGE. Said acceptance shall be made by marking a box to that effect with the text “I have read and accepted the purchase conditions”.4. CONTRACTING PROCESSES.
The execution by the USER of the reservations selected shall be subject to the special terms and conditions of the providers or organisers of said products or services established in each case and provided for in the following clause. Likewise, they consent to accept and respect the terms and conditions of the reservation, including but not limited to, compliance with any rules and restrictions regarding the availability of rates, products or services.
The USER shall provide their consent by clicking on the “Confirm purchase ” button, located at the bottom of the page in which the payment details are entered. Said confirmation will be sent electronically to HOTUSA, who will be responsible for its storage and conservation in order to guarantee the process. The payment confirmation on the part of the service provider shall imply, in all cases, the finalisation of the contract and the commitment on the part of the client to the payment of the established amounts. Having given consent, a purchase confirmation page shall be shown on the screen and the information relating to said purchase shall be sent by e-mail to the client.
The special conditions of each service, including but not limited to price, modifications, cancellations, and other aspects not covered in the present General Conditions, shall be governed by those established by the corresponding service providers and may be subject to modifications for which HOTUSA, in its role as intermediary, assumes no obligation or responsibility. Said Special Conditions shall be deemed to be accepted according to the terms established in the previous clause. If these special conditions do not allow changes or cancellations on the part of the client, the client will have no right to reimbursement of the amount paid to HOTUSA relating to the reservation.6. OBLIGATIONS OF HOTUSA.
HOTUSA shall be obligated to following aspects: To make their best effort in the execution of the processes necessary to establish the acquisition by the USER of the service being contracted through the PAGE. To make available to the USER all documents necessary for the enjoyment of the contracted service. To comply with the other obligations provided for in the present General Conditions, as well as the Special Conditions provided for in the Fifth Clause.7. OBLIGATIONS OF THE USER.
The USER shall be obligated to following aspects: - The payment of the corresponding amounts, including taxes and fees.
- To personally verify the authenticity of the information provided, as well as the correspondence of said information with their identity when manifesting consent and carrying out payment. - To assume any responsibility derived from not possessing the documentation required to enjoy the contracted service, requiring them to be informed of the requirements for this purpose, and expressly including those referring to border access of third countries.
- To comply with the other obligations provided for in the present General Conditions, as well as the Special Conditions provided for in the Fifth Clause.
The parties recognise that HOTUSA, given its condition as intermediary between service providers and the USER, shall be solely responsible for the terms provided for in the legislation applicable in matters of travel agencies. Likewise, they recognise that HOTUSA cannot guarantee the absolute continuity of the service or the absence of computer viruses in the services provided through its network, which may produce alterations in the programs or documents housed in its information systems, if they make their best effort to avoid these circumstances. HOTUSA shall not be held responsible for inaccurate, inexact, or out-of-date information regarding the schedule, price and other information relevant to the services offered through its website by their respective providers, nor with the noncompliance or defective performance on the part of the providers of the obligations derived from the applicable regulations of the terms and conditions of sale of each of the reservations contracted through the PAGE. If, for reasons of force majeure (including but not limited to political or economic disorder or instability which affects security), deficiencies arise relating to reservations, confirmations and/or the execution of any trips or services contracted through HOTUSA, for circumstances that cannot be foreseen or resolved by HOTUSA or including compliance with the agreed-upon services, the client renounces the right to present any type of demand against HOTUSA and/or the present and future companies of Grupo Hotusa for these deficiencies or noncompliance, unless arising from a lack of professional diligence on the part of HOTUSA.9. IMPOSSIBILITY OF WRITTEN SIGNATURE.
Due to the special characteristics of contracting from a distance, the USER recognises the inability to sign the payment ticket, understood as the document through which the acceptance of the transaction is generally confirmed. For that reason, the signature of said document is renounced for all electronic transactions generated as a consequence of reservation through the PAGE of any of the serviced offered on the page, manifesting consent through the procedure foreseen in the Fourth Clause of the present General Contracting Conditions.10. CORRECTION OF ERRORS.
HOTUSA makes the email address firstname.lastname@example.org available to clients, which the USER may contact in case of detecting any error in the data entered during the contracting process. In that case, they will have 24 hours to communicate with HOTUSA to that end, beginning at the time of confirmation of the sale.11. MODIFICATION.
HOTUSA may unilaterally modify, at any time deemed necessary, the present General Conditions, as well as insert additional clauses into them. These modifications must be announced on the home page of the PAGE with two (2) weeks of advance notice, and in no case shall these affect the contractual relationships concluded prior to the modifications.12. DATA PROTECTION.
The declaration of invalidity of any of the Clauses of these General Conditions by the competent Authority shall not impair the validity of the others. In this case, HOTUSA commits to writing a new Clause substituting the voided clause with the closest resemblance possible to the previous clause. If substitution proves impossible and the clause were essential to the Contract, the resolution of the Contract may be effected by the party harmed by its elimination.FINAL. JURISDICTION.
Expressly renouncing any other jurisdiction that may correspond to them, both parties submit themselves to the Jurisdiction and Competence of the Courts and Tribunals of the client’s place of residence.