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General contracting;conditions

1 - Legal Framework

In compliance with current regulations, the company SOLBOOKING SPAIN, S.L. operating online via the website WWW.SOLBOOKING.COM hereby outlines the General Terms and Conditions for the products and/or services offered on this website, and those that generate rights and obligations from both sides.

2 - Identification

These General Terms and Conditions (hereafter referred to as the Conditions) regulate the relationship between SOLBOOKING SPAIN, S.L. (hereafter referred to as the Provider) and the customers (hereafter known as the "User"), regarding all transactions made in the online shop.

2.1 - Offeror company

• COMPANY NAME: SOLBOOKING SPAIN, S.L.
• COMMERCIAL NAME: SOLBOOKING
• CIF: B04804290
• HEADQUARTERS: CALLE MARIE CURIE, 20, 1 DERECHA. PARQUE TECNOLÓGICO DE ANDALUCÍA.
• CITY: MALAGA
• PROVINCE: MALAGA
• POSTCODE: 29590
• TEL: 952026274
• EMAIL : rrhh@solbooking.es

Any complaints may be sent in writing to the company headquarters at the following address:
• ADDRESS: CALLE MARIE CURIE, 20, 1 DERECHA. PARQUE TECNOLÓGICO DE ANDALUCÍA.
• CITY: MALAGA
• PROVINCE: MALAGA
• POSTCODE: 29590

or:

2.2 - The User

A User or customer is an Internet user who acquires this condition by registering on the website using a form. They shall be assigned a username and password, and shall be solely responsible for using and storing these, and for the veracity of the personal data given to the provider, as we shall see in the section Registration of Users.

3 - Acceptance

By accepting these Conditions, the User declares:
1. That they are a person with capacity to enter into an agreement.
2. That they have read and have accepted these Conditions.

4 - Availability

The User shall have access to the Conditions at all times and in advance when they initiate the product purchasing process, and these may be stored and/or reproduced on a durable IT medium.

5 - Validity or Duration

The period of validity or duration of these Conditions and specific Terms and Conditions shall be the time that they remain published on the aforementioned website, and shall be applicable from the moment the User starts using the website and/or starts to purchase any products.

6 - Modifications

The provider reserves the right to unilaterally modify these Conditions, without this affecting the goods or promotions acquired by the User prior to the modification.
The User shall commit to reading the Terms and Conditions carefully every time they purchase a product, as they may have been modified since the last time they accessed.

7 - Nullity

If any clause in these Conditions is declared totally or partially nullified, this shall only affect this clause or the part of it that is declared null or ineffective, and the remaining Conditions shall remain valid.

8 - Purpose of the contract

This contract aims to regulate the contractual purchase-sales relationship between the provider and the User when the latter accepts the purchase during the online purchasing process using the mechanisms which are explained below.
The online contractual purchase-sales relationship includes delivery of one or several specific products for a set price, which shall be clearly published on the website.
Each of these products shall be object to specific regulation via the specific Terms and Conditions of each product. This shall be explained in more detail in the section warrantee, returns, withdrawals, or in the product’s data sheet, due to the different ways that products are commercialised, their packaging or their individual nature.

9 - Registration of Users

The User can register on the website by clicking on the top left button ‘Initiate Session’. On the new screen which is displayed, the User must click on the ‘Register’ tab. To register, they must enter their personal data which is marked as obligatory, that being: name and surnames, email address and password. Users may also register via Facebook.

To finish registration, the User must access their email inbox to confirm their registration on the page.

10 - Geographical scope

This website operates and sells worldwide. This geographical scope shall hereafter be referred to as ‘the Territory’. The use of this website and any purchase made on it shall be considered as made in Spain, and shall therefore be subject to Spanish laws and rules which are in force.

11 - Information about Products

The Provider carefully states the information related to the characteristics of the services via technical descriptions and photographs that illustrate the establishments.

12 - Taxes and currency

The prices shown on the website do not include Value Added Tax (VAT). The services offered do not include Value Added Tax (VA) and are always shown in Euros (€), US dollars (USD), Sterling (GBP), Eastern Caribbean dollars (XCD), Mexican pesos (Mex$), Dominican Pesos (RD$) and Swiss francs (CHf). These prices, unless otherwise indicated, do not include any other additional services and annexes apart from that which has been purchased.

The provider shall include the following message if the currency used in the hotel is different from the one shown to the customer, “The original currency of this booking is USD. The amount shown in Euros is a guide, and is calculated based on the exchange rate at the moment the booking is made. Remember that the issuing entity of your card may apply fees for international transactions or currency exchange".

Furthermore, in the cancellation charges section, the following legal text shall also be shown, explaining tho the User that their financial company may apply the costs incurred for transactions. “The original currency of this booking is USD. The amount shown in Euros is a guide, and is calculated based on the exchange rate at the moment the booking is made (this may not coincide with the applicable exchange rate at the moment you cancel the booking). No costs applied by issuing entities for transactions shall be refunded under any circumstances if you choose to cancel”.

13 - Language of the contract

The purchasing procedure and the pre-contractual information shall be provided in Spanish and English, and these languages shall be used to complete the purchase.

14 - Booking Process Steps

14.1 - Registration

To be able to initiate the purchasing process for products on www.solbooking.com, it is first necessary to register as a User, clicking on the button that appears on the homepage of the website, called ‘Initiate Session’ and filling in the obligatory data requested on the page that is shown below, on the ‘Register’ tab.

The registration system is not a User verification system. Before the User is activated in the system, they shall be sent a welcome email. Once registered correctly, the User can enter their profile’s control panel with their Username and password to be able to manage all the functions that the provider of the website puts at their disposal, such as the section ‘My Profile’, which contains the User’s preferences, ‘My Data’, where the User can modify their personal data, telephone numbers, passwords and indicate whether they wish to receive newsletters from the provider, ‘My bookings’, where the User can view their active, used and cancelled bookings, ‘My SolWallet’, which refers to the web’s virtual currency, where the User can view how much they have accumulated with their hotel bookings and redeem this for Amazon cheques and discounts on Cepsa’s ‘Porque Tu Vuelves’ loyalty scheme, ‘My favourites’, section where the User can consult the list of hotels that they have marked as favourites.

Once the registration process is complete, the User may purchase products.

14.2 - Purchasing process

The purchasing process is simple.

• Selection of dates, number of guests and hotel, and room.
• Booking dates.
• Payment method.
• Payment.
• Confirmation of the booking.

*NOTE: THE USER IS OBLIGED TO PAY WHEN PLACING THE ORDER.

Elements to consider during the purchasing process

15 - Availability of the product

This website only shows hotels which are available, so the customer cannot make a booking in an establishment which is not available. If the provider offers availability and then the hotel is not available, the Customer Services dept shall handle the matter to complete the booking correctly, or cancel it if necessary.

16 - Types of products

The website has a wide range of hotels all over the world where guests can make a booking.

17 - Maximum purchase amount

No maximum amount.

18 - How to add to or cancel my order

If the User wishes to cancel a booking they may do so via the User panel, in the section ‘My Bookings’, or via the section ‘Manage Bookings’ which is located at the bottom of the website. The User must introduce their Booking reference and code.

19 - Invoice

Where can I consult my invoice? The User must request their invoice from the provider if they require one.

20 - Value Added Tax

The prices that are published on the website do not include Value Added Tax (VAT).

21 - Payment methods and modalities

The User may choose the following payment methods:

A) Credit/debit card. They must provide the following information:

(i) Name and surnames

(ii) Card number

(iii) CVV/CVC

(iv) Card expiry date

If the payment platform informs that the card has been denied, the order shall automatically be cancelled, informing the User of this online immediately. Cards which have been issued outside Spain cannot be used to make purchases.

B) Amazon Pay.

A fee of 4,15 Euros shall be added.

C) Payment in instalments via Aplazame.

The amount to finance shall have a maximum APR of 24,50%, the maximum amount to finance being 2500 Euros.

CASH ON DELIVERY IS NOT PERMITTED.

Your card data shall not be stored on our database, as you enter it directly on the secure website of the chosen bank.

22 - General Conditions of the payment process

• The payment order given by the User implies compliance with these General Conditions as well as with the specific conditions of the order.

• Regardless of the payment method chosen by the User, all payments shall be subject to the Terms and Conditions that their participating financial entities or secure payment platforms may apply.

• Once the payment has been made correctly, a screen shall appear showing all the information about the booking. In case of error, a message shall appear. This may vary depending on the type of error.

In addition, the User shall receive an email with the confirmation of their purchase. All the information about their hotel booking shall be included.

23 - Returns of faulty, damaged or incorrect products, or exercising the right to withdrawal

Cancelling the booking shall depend on the type of payment chosen by the customer and how much time is left until the date of the booking. The cancellation policies are explained in the booking process and the booking email sent to the User.

24 - Exceptions to the right to withdrawal

The right to withdrawal shall not apply to the delivery of:

• Products that can change in nature.

25 - Customer services: Help, Suggestions and Complaints

Customers may contact our Customer Services team at any time to ask for help, make suggestions or file complaints, by email support@solbooking.com, or by telephone 902 50 09 00 24 hours a day.

26 - Rights of the Provider

• Maintain, modify or shut down their website without giving prior notice.
• Modify the price of offers.
• Reject orders for lack of availability, or if the customer fails to pay.
• Refuse access to customer’s IT tools if these conditions are not complied with.
• Receive the payment for the customers’ orders, once the transaction has been accepted.
• Reserve the ownership and maintain full custody of the article until the customer makes the payment.
• Not reproduce, transfer, or be in possession of the information published by the Provider in all its content without express permission from the company.
• Correct human or IT errors.

27 - Limitation of liability

All information provided by the User to the Provider and via the corresponding forms must be true. The User is responsible for keeping all data provided to the Provider duly updated. In any case, the Provider is exempt from any responsibility for damage or prejudices incurred as a result of the provision of false, insufficient, inaccurate or incorrect information.

Access to the website does not make the Provider responsible for verifying the authenticity, adequacy, exhaustiveness, adaptation and update of the information provided by the User via the corresponding forms.

The Provider shall not be responsible for information provided by parents, guardians or legal representatives about Users who are underage or otherwise incapable of authorising access, providing personal information, using the website or purchasing any products via the applications or web platform. The aforementioned parents, tutors or legal representatives shall be responsible for supervising the access and use of the minor or incapable person to the products and services provided via WWW.SOLBOOKING.COM

Users’ access to the content does not imply any responsibility of the Provider to control the absence of viruses or IT elements that could damage the User’s computer or device. In any case, the User is responsible for having the necessary tools installed on their computer or device to detect these damaging viruses or IT elements. As a consequence, the Provider shall not be responsible for potential damage suffered by the User’s computers or devices while accessing the content.

The Provider shall not be responsible for any interruptions to the electric or telecommunications services that prevent Users from using the offered services.

28 - Applicable law and Jurisdiction

These conditions shall be governed or interpreted according to Spanish legislation when this is not expressly established. The provider and the User agree to put any controversy that may arise surrounding the provision of products and services which are object of these conditions before the Courts and Tribunals of the User’s place of residence.

If the User’s place of residence is outside Spain, the provider and the User expressly renounce any other forum, subjecting themselves to the Courts and Tribunals of the place of residence of the WEBSITE OWNER.

29 - Online dispute resolution platform for consumers and traders

The European Commission has launched a platform to help consumers and traders to resolve disputes related to online purchases.

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES

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