GENERAL CONTRACT CONDITIONS

This contractual document will govern the contracting of accommodation reservations through the website http://www.hotelbcnmontjuic.com/es, property of ROBECO INVEST S.L., hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Web.

These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document means that the USER:

•             You've read, you understand and you're agree with this text.

• It is a person with sufficient capacity to contract.

• Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

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

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation reservation service contracted by the USER is ROBECO INVEST S.L, with registered office at C/ Angli, 10, Bajos - Bacrcelona - 08017 (Barcelona), CIF B36009611 and with a customer service telephone number + 34 935 03 56 50

And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to ROBECO INVEST, S.L.

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online contracting process, the reservation of temporary accommodation.

The contractual relationship of accommodation reservation entails the use and enjoyment of the chosen stay, for a limited time, in exchange for a determined price publicly displayed through the website. Extra services must be contracted at the time of making the reservation.

Hiring procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and identify themselves through the website. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

Once this step has been completed, it is reported 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 the following steps:

1. General contracting clauses.

2. Activation of reservations.

3. Right of withdrawal (cancellations).

4. Claims and online dispute resolution.

5. Force majeure.

6. Competition.

7. Generalities of the offer.

8. Price and validity period of the offer.

9. Transportation costs.

10. Payment method, expenses and discounts.

11. Purchase process.

12. Dissociation and suspension or termination of the contract.

13. Guarantees and returns.

11. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, making a reservation with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER will inform the USER in advance about the procedure that he must follow to make the trip reservation.

The automatic availability and price calculation system allows the USER to choose the apartment or studio they are interested in and proceed to pay online. Depending on the rate chosen by the USER, the amount to be paid will be the following:

• Non-refundable rate: The hotel will charge 100% of the reservation at the time of confirmation. No refund is accepted in case of cancellation, early departure or no-show (the reservation is only maintained for the first night).

• Flexible Rate: The USER may cancel for free before 12:00 the day before arrival. After that moment, if the USER cancels the reservation, the amount corresponding to the first night will be charged to the credit card provided as guarantee by the USER during the purchase procedure. Also if you leave early or if you do not show up (the reservation is only maintained for the first night).

No deposit is required to proceed with the reservation.

Failure to execute the remote contract

In the event that the PROVIDER does not have accommodation available or there is an overbooking situation, the client will be informed and will be given an alternative equal to or better than the accommodation offered at no cost, and without any liability for damages arising. attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the activation of the service is not carried out, due to the data provided by the USER being false, inaccurate or incomplete.

 

3. CANCELLATIONS (right of withdrawal)

The USER has the same rights and deadlines to proceed with the cancellation and/or claim any possible defects or defects that the reservation presents, both online and offline.

For those reservations that, in relation to the chosen rate, allow cancellation, it can be done directly through the reservation confirmation that the USER received in their email when making the reservation.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

• Telephone: + 34 935 03 56 50

• Email: info@bcnmontjuic.com

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

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another one with the same characteristics.

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and, without the need to resort to the courts of law, through the intervention of a third party. , called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

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

 

5. FORCE MAJEURE

The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

 

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and contracted obligations.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.4. Applicable law and jurisdiction.

7. GENERALITIES OF THE OFFER

The details of each reservation, such as accommodation and food, are informed to the USER in its respective description on the website.

All sales and deliveries made by will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal stipulated herein will have effect, unless expressly agreed in writing signed by, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, it reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

Entries and exits

Tickets: Check in will take place from 3:00 p.m.

• Before 3:00 p.m. the accommodation will not be available.

• If you arrive earlier, you can leave your luggage at the reception.

Upon arrival at the hotel and in accordance with current legislation, the USER must submit the reservation form and all occupants of the accommodation will be identified.

The accommodation has a buffet breakfast service, cleaning service, swimming pool, gym, solarium, parking, Wi-Fi and 24-hour reception.

Departures: Check out is until 12:00 p.m.

• During the purchase procedure, on a voluntary basis, the USER may contract check-out until 2:00 p.m. for a price of 20 EUROS/room or until 4:00 p.m. for a price of 40 EUROS/room.

Client Responsibilities

- The USER agrees to respect the regulations of the Community during rest hours from 10:00 p.m. to 8:00 a.m.

- It is not allowed to use the accommodations for party celebrations, bachelor parties, or making noise.

- Under no circumstances is it permitted to occupy the accommodation by more people than those established at its maximum capacity.

- It is prohibited to hang towels and clothes on the balcony railings.

- Children must always be accompanied by their parents and under their responsibility.

- The USER is responsible for the correct behavior of all his/her booking companions; otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.

- The owner will not be responsible for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including without limitation: destruction, loss after fire, theft, crime, accidents or other types of damage.

 

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly indicated otherwise, do not include tourist taxes (for those over 17 years of age), travel insurance, shipping, handling, wrapping, or any other additional services and annexes to the service purchased.

The applicable prices are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily while the reservation is not made.

Any payment made entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be delivered to the USER when the rental ends and payment for the contracted services is made. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If he wants to receive it by email, he must request it by any of the means that the PROVIDER makes available to him, informing him that he may revoke said decision at any time.

For any information about the reservation, the USER may contact the customer service telephone number 935 03 56 50 or via email to the address info@bcnmontjuic.com.

9. PAYMENT FORMS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:

•             Credit card

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purposes of the corresponding authentication of access controls.

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

The following activities are prohibited 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 Holder of the card or cards.

 

10. PURCHASE PROCESS

The website has a search system by different parameters to facilitate the choice of accommodation. Reservations with immediate confirmation have the price of the stipulated service, you can make the reservation online and add the extra services that suit you.

Select the arrival and departure dates, the people staying (adults and children) and the extra services chosen and add to the basket. In this, only the selected services, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.

From the basket you can place an order by following the following steps for its correct formalization:

1. - Checking billing information.

2. - Checking the reservation (dates, services...).

3. - Selection of the payment method.

4. - Place the order (buy).

From the Online Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions.

 

11. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

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

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 or follow any of the obligations established herein. document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.

12. GUARANTEES AND RETURNS

The guarantee of the services offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws :

Compliance of services with the contract

1. Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them are not applicable:

a) They conform to the description made by the PROVIDER.

b) They are suitable for the uses to which services of the same type are ordinarily intended.

c) Are suitable for any special use required by the USER, when it has been made known to them at the time of the conclusion of the contract, provided that the USER has admitted that the service is suitable for this use.

d) They present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the services made by the PROVIDER.

e) describes the details, technical characteristics and photographs of the properties provided by their owners, so that he is not bound by these public statements.

2. The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility for the contract falls on or under the responsibility of the contract; On the contrary, when the service not performed or provided is due to negligence or bad practice of the USER, it will not be considered any fault and will be considered in accordance with the terms of the contract.

3. Liability will not apply for lack of conformity that the USER knows or could not have ignored at the time of the contract or that originate from information provided by the USER.

Responsibility of the PROVIDER

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation, recognizing the USER's right to repair the service, replace it and reduce the price.

Repair and replacement of hosting service

1. If the hosting service does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions in cases in which the repair or replacement fails to bring the service into compliance with the contract.

2. Any form of correction that imposes costs that, in comparison with the other form of correction, are not reasonable, will be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of compliance and if the alternative form of sanitation could be carried out without major inconveniences for the USER.

Repair and replacement will comply with the following rules:

- The necessary expenses incurred to correct the lack of conformity of the contracted services will be free of charge for the USER.

- They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.

- If the repair is completed and the property is delivered, it continues to be non-compliant with the contract, the USER may demand its replacement, a price reduction or termination of the contract.

- If the replacement fails to bring the property into compliance with the contract, the USER may demand its repair and a reduction in the price.

Price reduction

The price reduction and termination of the contract will proceed, at the USER's option, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period of time or without major inconvenience to the user. It will not proceed when the lack of conformity is of minor importance.

Criteria for price reduction

The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance 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 day stated in the reservation.

The USER must report the lack of conformity at the time they become aware of it or, at the latest, at the end of the stay. Unless proven otherwise, it will be understood that the community.

13. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. and the USER agree to submit to the courts and tribunals of the OWNER's domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of law. For more information, see clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Terms.