The present document has the purpose of regulating the GENERAL TERMS AND CONDITIONS OF CONTRACTING the services of Pre-Booking and Online Booking of the accommodations managed by Chic Villas & Apartments.
Chic Villas & Apartments, with registered office at Calle Abubilla 1, Local C4, Topakapi, and N.I.F. X5229473D (hereinafter, CHIC), Telf. 609585648. The terms “You” and “User” are used here to refer to all individuals and/or entities that for any reason access www.chicfuerteventura.com or use the services.
The use of these services, will suppose the full acceptance and without reserves, and the validity, of all and each one of the General Terms and/or Conditions – that will be considered automatically incorporated in the contract that is subscribed with CHIC Villas & Apartments without being necessary its written transcription in the same one – gathered in the last updated version of these General Terms and/or Conditions.
2. Use of Chic’s online pre-booking services
a. The on-line pre-booking services are merely informative, and their sole purpose is to offer the user the possibility of consulting the availability of an accommodation of his/her preference. IN 48H/72H THE USER WILL RECEIVE AN E-MAIL CONFIRMING IF HIS RESERVATION HAS BEEN MADE SO THEY WILL ONLY BE BINDING ONCE ACCEPTED BY CHIC THROUGH THE EXPRESS CONFIRMATION OF THE RESERVATION BY E-MAIL AND SUBSEQUENT PAYMENT OF THE SAME BY THE USER. The user must check the confirmation of the reservation and notify CHIC, immediately, in writing, of any error.
b. Contracting procedure: When using the service, the user will receive a confirmation e-mail which will include the confirmation that his reservation order is in the process of being confirmed. If you are a consumer, once the payment corresponding to your reservation has been made, you will receive an e-mail confirming your reservation. This e-mail will serve as proof of your reservation. If you use a credit card for your reservation: The holder of the credit card used must correspond to the guest staying in the establishment. The credit card used for the reservation will be requested upon arrival to verify that the data provided is correct. The credit card holder must be present at that time. If you make a bank transfer, the proof of payment and subsequent confirmation of the same will be the receipt.
c. . Guarantee: The reservation is confirmed and guaranteed by credit card and/or payment by bank transfer. In case of no-show at the accommodation without previous notice, the whole stay will be charged. (. Resolution of the contract or cancellation of the reservation: The credit card and/or bank transfer is only a means of guarantee. Cancellation of reservations by the user will incur cancellation charges as stipulated in each case. As a general rule, a full refund is only possible if there is at least 30 days left before the arrival date or the cancellation occurs within 24 hours of the time of booking. A 50 % refund will be given if the cancellation takes place at least 14 days before arrival. Cancellations made during the 14 days prior to arrival are not refundable.
e. These clauses are not valid for reservations made at special rates. In this case, no refunds of any kind will be applied.
f. . Policy for minors. Minors under 18 years of age must be accompanied by their parents, guardians or adults duly authorized by them. Children may only be accommodated in accommodation where their admission is indicated.
g. . Prices per accommodation and night. The prices are only valid in writing and for the period indicated therein. When there are justifiable reasons, CHIC reserves the right to modify these prices without prior notice.
The prices related to the reservation will be indicated to you during the reservation process. The prices are subject to IGIC, without prejudice to additional taxes according to local regulations in force in each of the accommodations.
h. . The prices shows at the time of booking include IGIC (or equivalent tax) according to the tax rate applicable at the time.
In case the tax rate changes between the date of the reservation and the date of delivery of the services, generating a disparity, according to the tax regulations, the tax rate that will be applied to the final price will be the one that corresponds at the moment of the delivery of the services or the accumulation of the tax, even in the cases in which this will cause an increase in relation to the final price indicated to the client during the reservation.
2.2 The user undertakes to use the accommodation in accordance with the law, morality, good customs and public order, as well as with the provisions of these Terms and / or General Conditions of Contract. Consequently, the user is obliged not to use the services, for illicit purposes or effects and/or contrary to what is established in the present General Terms and/or Conditions of contracting, harmful to the rights and/or interests of third parties or that, in any way, could damage the services, CHIC and/or its image.
2.3 CHIC will be able, for greater agility and in benefit of the users, to modify unilaterally, at any time and without previous warning, the provided services, or the Conditions of operation, techniques and use of the services. In the same way, the users, with the aim of improving the service and establishing an optimum quality level, CHIC’s final objective, will be able to suggest those modifications that they consider useful, contacting the people in charge of the page through the e-mail address email@example.com
3. Conditions applicable to the check-in or check-out process of Chic
As a general rule, the check-in time in our accommodations is from 15:00 h to 21:00 h, and the check-out between 08:00 h and 11:00 h. We will always ask our clients to confirm their arrival and departure times in order to be personally attended to by a member of our team.
3.1 The “Auto Check-In” process is only possible in certain accommodations. If the accommodation has this service and the user has stated his intention to use it, the following special conditions will apply:
Operation of the Auto Check-In process
a. This process allows users to check in without any CHIC team member having to come personally to their accommodation.
b. The Auto Check-In process will work as follows:
o. If the accommodation booked has a security box, the day before the user’s arrival, they will receive an email or a message via SMS from CHIC where they will be given the code of the box so that they can pick up the keys of the accommodation safely. In case of not having this type of box it will NOT be possible to offer this service.
o. Once you have checked in, you must send CHIC a copy of the ID cards of all the guests by email or message, to facilitate the corresponding registration.
o. The user will be able to check in without any time limit.
3.2 If users choose to select the “Auto Check Out” process when checking out the reserved accommodation, the following special conditions will apply
Operation of the Auto Check-Out process
a. This process allows users to check out without having to go personally to any member of the CHIC team when leaving their accommodation.
b. The Auto Check-Out process will work as follows:
o. If the accommodation booked has a safety deposit box, the day before the user’s departure, he will receive an email or a message via SMS from CHIC where he will be given the code of the box so that he can deposit his keys safely. If you do not have this type of box, you will be given the instructions to follow according to the accommodation contracted.
o. Once the check-out has been carried out, CHIC staff will verify the state of the accommodation and, if necessary, reserves the right to make any type of claim, if it has been found to be in a bad state and/or any damage has been caused by the user.
o. The user will be able to check out until 11.00 PM on the same day of the user’s departure from the accommodation.
4. Data protection
This section provides information on the processing of your data in relation to pre-booking and online booking.
WHO IS RESPONSIBLE FOR PROCESSING THE DATA OF THE HOLDERS?
o. NIF: X5229473D
o. Adress: Avenida Pedro y Guy Vandaele 21, Corralejo
o. Email: firstname.lastname@example.org (Indicando en la referencia “Protección de Datos”).
FOR WHAT PURPOSE WILL YOU TREAT THE HOLDER’S PERSONAL DATA CHIC AND FOR HOW LONG?
We inform you that the data provided by the Account Holder are treated by CHIC with the following purposes:
o. To manage the realization of the reservations and/or pre-reservations requested by the user.
o. Sending the confirmation or documentation of the reservation made.
o. . In the event of giving consent to do so, sending commercial communications by CHIC VILLAS & APARTMENTS.
WHAT DATA OF THE USER WILL CHIC TREAT?
For the correct provision of the services CHIC will treat the following categories of data:
o. Identification data: name, surname, nationality.
o. Contact Data: e-mail address, telephone number.
o.Goods and services transaction data in CHIC VILLAS & APARTMENTS: Products and services acquired or in which you show interest.
o. Stay preferences.
o. Economic, financial and insurance data.
o. Other data: data provided by the interested parties themselves in the open fields.
The data requested from the Holder are mandatory for the correct provision of services and, therefore, the refusal to provide them will mean the impossibility of providing them. In those cases in which data that are not compulsory are requested, it will be indicated in the same form.
WHAT IS THE LEGITIMACY OF THE PROCESSING OF THE USER’S DATA?
The legitimation for the treatment of your personal data will be the execution of the contract between the parties. In the case of sending commercial communications, it will be the consent of the owner.
The consents obtained for the above-mentioned purposes are independent, so the user may revoke only one of them without affecting the others.
To revoke said consent, the User may contact CHIC through the following channels:INFO@CHICFUERTEVENTURA.COM
WITH WHICH RECIPIENTS WILL THE USER’S DATA BE SHARED?
User data may be communicated to:
o. Companies integrated or adhering to the CHIC Group, all dedicated to the hotel sector, will need to have access to your data for the correct provision of the selected services. In the same way, your data will be communicated to those entities that own the hotels, so that they know the conditions of your stay (price, dates, services included, …). Some of them may be located outside the European Economic Area even in countries that do not offer a level of protection comparable to the Spanish one, with the sole purpose of providing you with the services correctly.
o. Guardia Civil, Local Police and/or other Public Bodies that require it.
CONSERVATION OF DATA
The personal data provided will be kept for the duration of the contractual relationship and, once it is over, for the period of limitation of any legal actions that may arise from it.
In relation to the data for sending commercial communications, the data will be kept as long as the user does not revoke the consent given; however, in case of withdrawing his consent, this will not affect the legality of the processing carried out previously.
PROCESSING OF THIRD PARTY DATA
In the event that the Holder provides, at any time, data from third parties, he declares to have the consent of the same and agrees to transfer to him the information contained in this clause, as well as to inform CHIC of any change or update regarding the same
RIGHTS OF THE HOLDERS IN RELATION TO THEIR DATA.
You can exercise, by writing to the e-mail address INFO@CHICFUERTEVENTURA.COM with the Reference “Data Protection”, attaching a photocopy of your identity card, at any time and free of charge, the following rights:
o. To revoke the consent granted for the processing and communication of your personal data.
o. Obtain information about the existence or not of the processing of your personal data.
o. Access your personal data.
o. Rectify inaccurate or incomplete data.
o. Request the deletion of your data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
o. Limit the processing of the data when any of the conditions set out in the data protection regulations are met.
o. In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data.
o. Request the portability of their data.
o. Claim before the Spanish Data Protection Agency, through the following address: Calle de Jorge Juan, 6, 28001 Madrid, when they consider that the person responsible has violated their rights under data protection regulations
5. Correct use of the contents of the Web Site by the user
This section provides information on the processing of your data in relation to pre-booking and online booking.
5.1 CHIC declares that the industrial property rights (brands, commercial names, etc.) that appear in this Web Site are of its property and/or are legitimately exploited by virtue of agreements or licenses of use, being properly protected by the existing Regulation on Industrial Property. The User is obliged to use the Web Site in a diligent, correct and lawful manner and, in particular, agrees to refrain from:
a. To suppress, elude or manipulate the copyright, trademarks and other data identifying the rights of CHIC or its owners incorporated to the contents and/or products marketed from the CHIC Web Site, as well as the technical protection devices, the digital fingerprints or any information mechanisms that may contain the same.
b. . Use the contents and, in particular, the information of CHIC obtained through its Web Site to send advertising, communications with direct sale purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people.
c. Reproduce or copy, distribute, allow the access of the public through any modality of public communication, transform or modify the contents, unless you have the authorization of the holder of the corresponding rights or it is legally allowed.
d. In general, to use the contents in a way, for purposes or effects contrary to the law, morality and generally accepted good customs or public order. CHIC does not grant any license or authorization of use of any class on its rights of industrial and intellectual property or on any other property or right related to its Web Site.
5.2 Procedure in case of violation of intellectual property rights. In case any User or third party considers that any of the contents has been introduced in its Web Site with violation of its intellectual property rights, it must send a notification to CHIC with complete and precise indication of its data and the intellectual property rights allegedly infringed, as well as the Website.
6. Right of modification of the general terms and/or conditions of contract
CHIC reserves the right to modify the present General Terms and/or Conditions, informing the users of the modifications made through WWW.CHICFUERTEVENTURA.COM
7. Exclusion of guarantees and responsibility
7.1 CHIC does not guarantee the reliability, availability or continuity of the services made available to the user, and therefore excludes any liability for damages and/or losses that may be due to the lack of availability, reliability or continuity of its website or services, although it will try to provide, to the extent of its possibilities, technical assistance to the person affected, as well as to try to immediately restore the interruption, making available, to the extent of its possibilities, alternative means.
7.2 CHIC is not obliged to control, and does not control in advance, the absence of viruses or elements in the contents, which could produce alterations in the software or hardware of the users or people who visit the pages, so it will not be responsible for the damages of any nature that could be derived from them.
7.3 if CHIC, in spite of acting with the foresight and diligence due, cannot provide the contracted rooms for reasons not attributable to them and if it is impossible to provide the services in the agreed conditions, CHIC will offer the user the possibility of opting for a total refund of the payment or for its replacement by another of similar characteristics as regards category or quality. if the replacement results in a lower category or quality, CHIC will reimburse the difference.
8. Safeguarding of the general terms and/or conditions of contract
If one of the provisions of these General Terms and/or Conditions of Business is declared null and void or inoperative, the rest of the General Terms or Conditions shall remain in the agreed Terms. CHIC undertakes to replace the stipulation affected by the nullity as closely as possible to the intention initially pursued by the parties.
NO PROVISION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY CONSUMER PROVISIONS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY WAIVE YOUR RIGHT OF WITHDRAWAL.
9. www.chicfuerteventura.com and acceptance of rules of use
The user is aware that the use of the services of the Pre-Booking and Online Booking services, implies the full and unreserved acceptance of each of the clauses that make up the Rules of Use of www.chicfuerteventura.com, in the version published by CHIC at the time the user contracts the service. Said rules of use complete the present General Terms or Conditions in all that is not opposed to them. Therefore, the user must be aware of the importance of consulting the rules of this page, before accessing and/or using these services.
The user/client may submit any type of claim through the form located here.
10. Applicable law and competent jurisdiction
These General Terms and/or Conditions are governed by Spanish Law. CHIC and the users, for the resolution of any controversy that could arise, with respect to its validity, execution, fulfillment or resolution, total or partial, are submitted, with express resignation to their own jurisdiction or to any other that, in its case, could correspond to them, to the competence of the Courts and Tribunals of Puerto del Rosario, Fuerteventura. This contract constitutes the complete and integral expression of the agreement between CHIC and the user, and replaces all previous pacts, commitments, statements or agreements, both written and oral, that have previously existed between the two.
In all cases, any dispute arising from the provision of services in the hotel where the client is staying will be submitted to the consumer’s courts.