1. GENERAL CONDITIONS PRIOR TO CONTRACTING
a) These General Terms and Conditions shall expressly regulate the commercial relations arising between O Forno de Catuxa (hereinafter, “THE ACCOMMODATION”) and the Private Users (hereinafter, the “Clients”) who, through the website ofornodecatuxa.es (hereinafter, the “Website”) owned by THE ACCOMMODATION, acquire the products offered at any time to the Private Users specifically for online sale (hereinafter, the “Services”).
b) These General Conditions have been drawn up in accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 3/2014 of 27 March amending the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws, and Law 7/1996, of 15 January, on the Regulation of Retail Trade.
c) THE ACCOMMODATION may unilaterally modify, at any time it deems appropriate, the configuration and content of these General Conditions. However, the General Conditions applicable to a given transaction will be those in force at the time of its formalisation.
d) The terms and conditions applicable to the purchase of the Products offered for sale to the public by THE ACCOMMODATION through its Website will be all those described in these General Conditions and which will be detailed on the Website throughout the online purchase process. By using the Website, users declare that they are aware of and accept the different procedures necessary to access the different Products offered on the Website as well as to formalise their purchase.
e) The Client accepts without reservation the General Conditions of Sale when placing an order for Products to THE ACCOMMODATION, having prior knowledge of their content by having provided a copy of them, in addition to being published on the website of the accommodation (the Website), in downloadable and printable version
2. IDENTIFICATION OF THE SELLER AND CUSTOMERS
a) The identification data of the Website are as follows:
Miguel Ángel Cabana Aguiar, NIF 33319939T, registered office at Carballido 8 Esperante, 27210 Lugo and email address: [email protected]
b) In order to make purchases from the Website, it will be necessary for Customers to make their reservation by marking the same and number of guests, as well as the specific details.
3. NATURE OF THE WEBSITE
To book the accommodation, the Client must meet the following characteristics:
Be a natural or legal person with residence or domicile located in international territory.
In the case of a natural person, they must be of legal age and with sufficient legal capacity to make the reservation.
In the case of a legal person, the person making the reservation must have sufficient powers to carry out the transaction in the name and on behalf of the legal person.
In any case, they must be considered as the final consumer, in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, i.e. for the Client’s own consumption or that of the persons on behalf of whom the Client is legally authorised to act. Consequently, wholesalers, distributors, purchasing centres, department stores, other professional intermediaries in the same sector as this Website are excluded from the use of the Website, but are not limited to the use of the Website.
4. ACCOMMODATIONS OFFERED
a) THE ACCOMMODATION will publish, together with the image of each of the rooms or accommodation that are the subject of a reservation through the Website, the specific characteristics of each of them, including the services included, and the applicable price.
b) THE ACCOMMODATION guarantees that the price will be the one in force on the day of the formalisation of the booking regardless of the day on which the service is formalised.
c) If there are applicable offers on the price of accommodation, these will be indicated next to the initial price in a different font that allows the Client to clearly identify the final price. In any case, the temporary period of validity of the offer will be indicated.
d) THE ACCOMMODATION may, unilaterally and at any time, offer new Services that are for sale on the Website as well as suspend or cancel, temporarily or indefinitely, any of the services.
e) The rates established on the Website include the VAT applicable to each service, but not any other tax that may be applicable. THE ACCOMMODATION undertakes to keep prices updated in accordance with the applicable tax at all times.
f) THE ACCOMMODATION guarantees the availability of all the accommodations offered on the Website.
5. RESERVATION SYSTEM
The Client must select the chosen accommodation, proceed to fill in the reservation form and pay the corresponding amount.
At the time of formalizing the reservation, a deposit of the total amount will be paid directly on the website through our online payment service provider (Stripe or Redsys), which can be up to 100% of the reservation. In the event that for any reason the payment of the reservation cannot be completed, they will be free again.
The payment of the rest of the amount of the reservation must be paid through our website by the methods indicated above at least 15 days before the start of the stay with the data and instructions that will be provided to the email indicated by you at the time of booking or by the email that will be sent to you 15 days before the start of your stay.
Please note that the booking will not be confirmed until the customer has received a confirmation email. If you do not receive this email, you must contact us by the means indicated above.
The booking procedure will be in the Spanish language.
6. BOOKING CONDITIONS
The client acknowledges and is clear that this contract is not a housing rental contract, it is a tourist rental contract. The total number of occupied places will be the one you put in the reserve. The client cannot accommodate a greater number of people than what is agreed therein. It is not allowed to invite other people who do not appear in the total number of occupied spaces of this contract to use the facilities, unless it is requested from the property (with an extra cost to be agreed).
The minimum stay is 2 nights, but may vary on specific dates. The booking system will indicate for the chosen dates whether the minimum stay is valid in each case.
The rate includes bed linen (sheets and towels) and the final cleaning of the accommodation.
Courtesy items available to the client: cloths and kitchen paper, tablecloth, garbage bags and cleaning utensils (dish soap, dishwasher soap), hand soap and toilet paper.
Amenities: flat screen, fridge and freezer, microwave, dishwasher, pots and pans, tableware, blender, toaster, nespresso coffee machine, hairdryer, iron, washing machine, clothesline, sun loungers and garden furniture.
The company or person in charge has the right to enter the establishment, either to make routine checks of the condition of the establishment, or for reasons of force majeure or other inconveniences. The client is responsible for any damage that may be caused during the stay. Any problem with appliances or services that may arise in the establishment will be communicated to the owner.
In the event of any defect, it will be detailed precisely and the user will be informed of the damage or damage and the economic evaluation of the same.
Inputs and outputs:
Check-in: 3:00 p.m.
Check-out: 11:00 a.m.
Please be sure to let us know your approximate time of arrival. The phone number or email provided in the booking will be used in the event that we need to contact you.
If you need to check out later on the day of departure, please ask at check-in if this is possible. We will try to accommodate your request. Any departure after 20:00 hours will be subject to the full price per night.
Please be sure to hand over ALL sets of keys before you leave.
O Forno de Catuxa has video surveillance cameras in the common areas to ensure the safety of guests.
The installation and operation of security cameras is in accordance with current regulations.
7. ACCOMMODATION RULES
Check-in time is from 15:00h and check-out time is until 11:00h
Smoking is not permitted in the accommodation, inside the property or on the premises. Smoking areas have been prepared in the parking lot and in a garden area, next to the cabin.
The bath towels in the apartments are for exclusive use inside the apartments. If you plan to go to the beach or use the pool, please don’t forget to bring your towel from home.
If you have booked breakfast with us, please note that we will leave it at the door of your apartment at 8:30 a.m. When you are finished, we ask you to place the containers in the basket and leave it on the same table where it is delivered.
If you come to visit us from June 1 to October 16, you can enjoy the heated pool at 28º of salt water. Opening hours are from 9:30 a.m. to 9:00 p.m.
At 1:00 a.m. the garden facilities will be turned off and closed.
Pets are not allowed at the property.
8. METHOD OF PAYMENT
a) The payment of the stay will be made in full upon departure from the accommodation.
9. RIGHT OF WITHDRAWAL FROM ORDERS
The services offered on this website constitute an exception to the right of withdrawal of consumers and users, as it is a tourist accommodation service, and, therefore, the aforementioned right of withdrawal disappears as the User is aware of this circumstance and accepts it at the time of making the corresponding reservation (article 103 letter l Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).
10. CANCELLATION POLICY
O Forno de Catuxa has free cancellation up to 7 days in advance. If the cancellation occurs between 6 days before and the day of the check-in date, one night will be charged as a penalty. In case of not making an appearance without prior cancellation, one night will also be charged as a penalty.
Any cancellation, including force majeure, will be subject to our cancellation policy. In case of force majeure, before cancelling the booking, please contact us directly to try to find a mutually beneficial solution.
In the event that THE ACCOMMODATION is unable to provide the client with the accommodation they have booked due to force majeure, the client will be notified as soon as possible in order to try to find an optimal solution for both parties. If an agreement is not reached, the full amount paid so far will be refunded.
All cancellations or changes must be made by phone or email to the address listed above.
Interruption of the stay: No refund or payment will be made in case of interruption of the stay in the accommodation.
11. PROTECTION OF PERSONAL DATA
Consult the Privacy Policy.
12. COMMUNICATIONS AND CUSTOMER SERVICE.
For the purposes of these General Conditions, and for any communication that may be necessary between THE ACCOMMODATION and the Users, the latter must contact THE ACCOMMODATION by email or by written communication.
13. PERFECTION OF CONTRACTS.
The validity of contracts entered into electronically is protected by Article 23, paragraphs 1 and 3, of Law 34/2002 on Information Society Services and Electronic Commerce: “Contracts entered into electronically shall have the same validity and shall produce all the effects of the Civil and Commercial Legal System.”
The Contract is concluded from the moment the client expresses his agreement with these terms and conditions by clicking on the Acceptance and Reading button of these conditions and after having correctly completed the form offered from the Website’s server or also by depositing or sending said acceptance by any other electronic or traditional means at the offices of the headquarters.
Upon such acceptance, the customer will receive notification from the Website automatically sent to the email address provided at the Registration stage. This email will be sent within 24 hours and will show the information relating to your registration and the type of contract selected with the specific conditions that apply to each type at any time and that are accepted together with these general conditions at the time of contracting. However, and as it is a technical and automatic element, the receipt of said email may not take place for technical reasons beyond the control of the Website. In these cases, the client must contact our customer service to make the reservation effective.
The customer agrees that it will not be necessary to confirm receipt of the acceptance of the contract when it has been entered into exclusively by means of an electronic email exchange or other equivalent electronic communication, as established in article 28.3 b) of Law 34/2002 on Information Society Services and Electronic Commerce. as well as the provisions of RD 1906/1999. The parties agree to legally equate the client’s handwritten signature to that made by means of any type of keys, codes or identifying security elements. Notwithstanding the foregoing, THE ACCOMMODATION may require written confirmation when it deems it necessary.
14. NULLITY OF CLAUSES.
If any provision of this agreement is found to be illegal, invalid or for any reason unenforceable, such illegality, unenforceability or invalidity shall be limited solely to that provision and shall not affect the validity or enforceability of the remaining provisions.
15. APPLICABLE LEGISLATION AND JURISDICTION.
Any disputes that may arise from the application of these rules will be governed by the laws of Spain and, to the maximum extent permitted by law, will be submitted to the Courts to which the accommodation is attached.
