Legal advice
1. IDENTIFICATION OF THE PARTIES.
The terms and conditions set out below govern access to and use of the URL www.grupohotusa.com (hereinafter the PORTAL), owned by Hoteles Turísticos Unidos, S.A. (hereinafter HOTUSA), calle Alcalá, 226 (28027) Madrid, with Tax ID No. A-08452567, registered in the Commercial Registry of Madrid, volume 36,601, folio 44, sheet M-656.853. And, on the other hand, the natural person, hereinafter THE USER, who accesses the page to obtain information and contract the services offered through the portal. Before contracting, the USER must read these Contracting Conditions and expressly accept them by "clicking" the button located at the end of the form "I have read and Accept the Contracting Conditions." If the USER does not accept these Conditions, they must refrain from contracting the services offered by HOTUSA.
2. PURPOSE OF THE SERVICES OFFERED.
HOTUSA offers its services through the operation of the website www.grupohotusa.com (hereinafter THE PAGE), from which services typical of the tourism market are offered to the user. To provide these services, HOTUSA has all the permits and licenses necessary to carry out its activity. These general conditions of use govern the generic use of the portal, as well as the effective contracting of hotel reservation services. However, the contracting of a specific reservation shall be subject to the specific terms and conditions established for each case. Likewise, the USER consents to accept and respect the purchase terms and conditions established by any hotel entity with which the USER chooses to contract, including, by way of illustration and not limitation, the payment of any amounts due and compliance with any rules and restrictions regarding the availability of rates, products or services. If there are special rules or restrictions affecting certain rates, products or services selected by the USER, such special rules or restrictions will be disclosed to the USER on the screen before proceeding with the reservation. And, on the other hand, the natural person, hereinafter USER, who accesses the page to obtain information and contract the services offered through the portal.
3. PRIOR REQUIREMENTS.
To begin the contracting process, the USER must meet the following prior requirements, which shall not be considered included in the aforementioned contracting process: Search for one or more services through the corresponding Search Engine made available for that purpose by HOTUSA on the PAGE, and select the product(s) or service(s) of interest. Accept these General Conditions, offered prior to the start of the contracting process, and available for download and printing on the PAGE. Such acceptance shall be made by clicking a checkbox located for that purpose, with the text "I have read and accept the purchase conditions."
4. CONTRACTING PROCEDURES.
Contracting services through the PAGE shall be carried out based on the following process: Once these General Conditions have been accepted and the service chosen, the USER will access a page on which they will be asked to enter the personal data of the beneficiary in whose name the reservation is made. All data collected will be processed in accordance with the Privacy Policy of the PAGE. Second, the data necessary for payment will be requested, by credit card only and through the payment gateway established for that purpose, for the selected service. Likewise, the data collected will be processed in accordance with the Privacy Policy of the PAGE. The USER's completion of the reservations they choose shall be subject to the particular terms and conditions established for each case by the providers or organizers of such products or services, and which are set out in the following clause. Likewise, they consent to accept and respect these reservation terms and conditions including, by way of illustration and not limitation, compliance with any rules and restrictions regarding the availability of rates, products or services. The USER will give their consent by clicking the "Make purchase" button, which appears at the bottom of the page on which the payment data is requested. Said confirmation will be sent electronically to HOTUSA, which will handle its storage and preservation to guarantee the process. Confirmation of the purchase by the service provider shall in any case imply the perfection of the contract and the customer's commitment to the accrual of the established amounts. Once consent has been given, a page confirming the purchase will be displayed on screen, and an email will be sent to the customer with the information relating to it.
5. PARTICULAR CONDITIONS.
The particular conditions of each service, including among others price, modifications, cancellations, and other aspects not contemplated in these General Conditions, shall be governed by the provisions of the corresponding service provider companies, and may be subject to modifications for which HOTUSA, in its capacity as mere intermediary, assumes no obligation or liability whatsoever. Said Particular Conditions shall be deemed accepted in accordance with the provisions of the preceding clause. If these particular conditions do not allow changes or cancellations by the customer, the customer shall not be entitled to a refund of the amount paid as a reservation to HOTUSA.
6. OBLIGATIONS OF HOTUSA.
HOTUSA undertakes to the following: To make the greatest efforts in carrying out the necessary procedures to complete the USER's acquisition of the service contracted through the PAGE. To make available to the USER the documents necessary to enjoy the contracted service. To comply with the other obligations provided for in these General Conditions, as well as in the Particular Conditions provided for in Clause Five.
7. OBLIGATIONS OF THE USER.
The USER undertakes to the following: - To pay the corresponding amounts, including fees and taxes. - To be personally responsible for the authenticity of the data provided, as well as for its correspondence with their identity when they give their consent and make payment. - To assume any liability arising from not possessing the documentation required to enjoy the contracted service, and must therefore inform themselves of the requirements demanded in that regard, expressly including those relating to border access to third countries. - To comply with the other obligations provided for in these General Conditions, as well as in the Particular Conditions provided for in Clause Five.
8. LIABILITIES.
The parties acknowledge that HOTUSA, given its status as a mere intermediary between the service providers and the USER, is liable to the latter only under the terms provided for in the applicable legislation on travel agencies. Likewise, they acknowledge 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 cause alterations in the programs or documents stored in its information systems, although it will make its best efforts to prevent these circumstances from occurring. HOTUSA shall not be liable for the lack of truthfulness, inaccuracy or outdated nature of schedules, prices, and other relevant information about the services offered through the website by their respective providers, nor for the non-performance or defective performance by the latter of the obligations arising from the regulations in force and the terms and conditions of sale of each of the reservations contracted through the PAGE. If, due to force majeure (including, by way of illustration but not limitation, political or economic disturbances or instabilities affecting security), deficiencies arise in the reservations, confirmations and/or execution of any trips or services contracted through HOTUSA, due to circumstances that are not foreseeable or solvable by HOTUSA or if it were even impossible to fulfill some of the agreed services, the customer waives the right to file any type of claim against HOTUSA and/or the companies of the HOTUSA group, existing now or in the future, for such deficiencies or non-performance, unless HOTUSA's own lack of professional diligence is established.
9. IMPOSSIBILITY OF HANDWRITTEN SIGNATURE.
Due to the special characteristics of distance contracting, the USER acknowledges the impossibility of signing the payment slip, understood as the document by which conformity with the transaction is usually given. Therefore, they waive signing it for any electronic transaction generated as a result of the reservation through the PAGE of any of the services offered on it, expressing their conformity through the procedure provided for in Clause Four of these General Contracting Conditions.
10. CORRECTION OF ERRORS.
HOTUSA makes available to its customers the email address comunicacion@grupohotusa.com, to which the USER may write if they detect any error in the entry of data during the contracting process. In this regard, they will have 24 hours to contact HOTUSA for that purpose, counting from the moment of confirmation of the purchase.
11. MODIFICATION.
HOTUSA may unilaterally modify, at any time it deems necessary, these General Conditions, as well as introduce new clauses into them. These modifications must be announced on the homepage of the PAGE with two (2) weeks' prior notice, and shall in no case affect contractual relationships perfected prior to them.
12. DATA PROTECTION.
Any processing of data arising from the execution and performance of these General Conditions shall comply with the provisions of the Privacy Policy made available to the customer on the PAGE, and which shall be understood for these purposes as an integral part of these Conditions. (Spain).
13. SEVERABILITY.
The declaration of nullity of one or more of the Clauses of these General Conditions by the competent Authority shall not affect the validity of the remaining ones. In this case, HOTUSA undertakes to draft a new Clause to replace the annulled one with the greatest possible similarity to it. If replacement becomes impossible and the clause is essential to the Contract, in the judgment of the party harmed by its elimination, that party may choose to terminate the Contract. END. JURISDICTION. With express waiver of any forum that may correspond to them, both parties submit to the Jurisdiction and Competence of the Courts and Tribunals of the customer's domicile. Our website does not constitute and may not be seen as a recommendation or promotion of the quality, level of service or classification of a hotel. The star classification of hotels, carried out in accordance with international conventions, provides non-binding information about the category of the hotel. The classification used by HOTUSA is based on the assessment made by the hotels themselves, which has been verified by HOTUSA in accordance with its own evaluation system, and on its customers' experiences. Additional information and hotel descriptions are also based on the information provided by the hotel itself.