GENERAL TERMS OF SERVICE
Document reviewed on 07/26/2020
Activos Pirita is a public limited company registered in the Mercantile Registry and Companies Registry of Málaga on sheet MA-145741, folio 189 of volume 5741.
Activos Pirita publishes and manages the website https://daosmarbella.com/ (also available in a mobile version), a site for hospitality bookings and other complementary services (hereinafter, the “Site”).
You can contact us here or at the phone number: +34 605 86 13 13.
1. INTRODUCTION
The purpose of these general conditions, (hereinafter, the “General Conditions”) is to define the terms and conditions under which Activos Pirita allows its clients (hereinafter, the “Client” or “Clients”) to benefit from the set of services and, in particular, reservation services, available on this Site and described in greater detail below (hereinafter jointly, the “Services”).
Before making any reservation for a Service on the Site, the Client declares (i) that they act for personal purposes that are not within the scope of their commercial, industrial, craft, liberal, or agricultural activity and (ii) that they have full legal capacity to commit under these General Conditions.
Clients are invited to carefully read these General Conditions, whose prior acceptance is mandatory in order to book any Service offered on the Site. Clients are recommended to save and print these General Conditions using their browser’s standard functions and equipment.
Activos Pirita reserves the right to modify or supplement these General Conditions at any time, in whole or in part. If this happens, the new version of the General Conditions will be available on the Site along with its effective date. Clients are recommended to regularly check the General Conditions to stay informed of any possible modifications. In any case, the Client will only be bound by the version of the General Conditions in force at the time of making the reservation of their Service.
The Client is solely responsible for paying, if applicable, for all the technical means that allow them to access the Site.
2. DESCRIPTION OF SERVICES
2.1 SERVICES OF ACTIVOS PIRITA
Activos Pirita offers on its Site (i) room reservation services in the Daos Hotel managed by Activos Pirita (the “Accommodation Services”) (2.1.1) and (ii) complementary services to the aforementioned Services (the “Complementary Services”) (2.1.2).
The Accommodation Services and Complementary Services will hereinafter be collectively referred to as the “Activos Pirita Services.”
2.1.1 ACCOMMODATION SERVICES
The Site allows booking rooms at the Daos Hotel managed by Activos Pirita.
The essential features, availability dates, prices, offered options, payment conditions, and particular sales conditions applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, member tariff conditions, etc.) are presented during the booking process described in Article 3 below.
In accordance with current regulations, the Client may be required to fill out a police form upon arrival at the Establishment. In such case, the Client will be asked to present an identity document to verify whether or not the form must be completed.
2.1.2 COMPLEMENTARY SERVICES
The Site also allows booking Complementary Services, for example breakfast, a bottle of cava upon Client arrival, or an upgrade of the Accommodation Services category.
Complementary Services also include travel services as defined in Article 3.1 of Directive (EU) 2015/2302 of November 25, 2015, relating to package travel and linked travel arrangements, which may form, together with Accommodation Services, either a “linked travel service” or a “combined travel service” in accordance with the criteria of said Directive. This information will be communicated to the Client prior to booking these services in the Specific Particular Conditions of each offer.
2.2 PARTNER SERVICES
Activos Pirita enters into collaboration and distribution agreements with third-party websites (the “Partners”) in order to allow the Client to search, select, and book rooms in Establishments of the different brands distributed by Activos Pirita on the Partner’s website (hereinafter, the “Partner Services”).
The sales conditions applicable to these Partner Services are available on the Partner’s website.
3. BOOKING PROCESS
The Client selects any Service presented on the Site or on the websites of its Partners following the process designed for this purpose.
3.1 BOOKING OF ACTIVOS PIRITA SERVICES
The Client makes bookings for Activos Pirita Services on the Site.
The booking process varies depending on the browsing path and the Client’s request; it includes the following stages:
- Phase 1: introduction of search criteria for a destination, an Establishment, and, where applicable, one or more Complementary Services;
- Phase 2: obtaining results and selecting an Establishment and, where applicable, one or more Complementary Services;
- Phase 3: details and characteristics of the selected Service(s); specifically, if it is an Accommodation Service, the accommodation characteristics (category, room size, TV, minibar, etc.), length of stay, offered options (e.g., breakfast, Wi-Fi connection, etc.), the total booking price, detailing applicable taxes, the legal information form if it is a linked travel service or a combined travel service, and all the Particular Conditions applicable (guarantee policies, cancellation conditions, check-in time, etc.);
- Phase 4: summary of the reservation of the Service(s), which must include:
(i) reminder of the main features (length of stay, characteristics of the Accommodation Service and/or Complementary Services, total price including taxes with a breakdown of applicable taxes); and
(ii) entry of Client data: either by identifying through an existing account or by filling all mandatory fields (marked with an asterisk), with the possibility to save these data by creating a member account of the Site or a member of the loyalty program offered by Activos Pirita; - Phase 5: finalization of the reservation of the Service(s) by the Client, which must include:
(i) entry of payment method data, either for full or partial prepayment of the reservation before the stay or a guarantee request for Accommodation Services; and
(ii) reading and acceptance of the General Conditions and Particular Conditions related to the reservation before the Client validates it; - Phase 6: acceptance of the reservation of the Service(s) by Activos Pirita and the corresponding Establishment;
- Phase 7: sending to the Client of a confirmation email of the reservation of the Service(s), summarizing the reserved Service(s), their prices, the Particular Conditions accepted by the Client, the booking date, information related to after-sales service, and access to the General Conditions, as well as the Establishment’s address where the Client can submit any complaint.
All bookings will be considered made at the time of receipt by the Client of the confirmation email.
The Client may make a booking of Activos Pirita Services on behalf of one or more other persons, limited to seven (7) rooms maximum. Above that number, the Client’s booking will be subject to group conditions available at meetings.ActivosPirita.com. For bookings related to business groups, meetings, seminars, etc., refer to the “Solutions PRO” section of the Activos Pirita Site at all.ActivosPirita.com.
3.2 BOOKING OF PARTNER SERVICES
Bookings made by the Client through Partner Services are carried out via the Partner’s website and mobile services.
The booking is made directly between the Client and the Partners, following the stages of the Partner’s website and mobile services.
4. PRICES AND PAYMENTS
4.1 PRICES
Prices related to the booking of Services are indicated before, during, and after booking.
For Accommodation Services, the prices indicated refer to each room and are shown for the number of persons and the selected date.
When confirming the booking of a Service, the Client is informed of the total price amount including taxes and in the commercial currency of the Establishment (which in some cases may differ from the local currency of the Establishment), which will only be valid during the validity period indicated on the Site.
If the total price of the Service booking is paid to the Establishment in a currency different from that confirmed in the booking, currency exchange fees will be borne by the Client. It should be noted that if the Site shows the conversion of the confirmed currency to another currency, this information is provided solely for informational purposes and not contractually, particularly regarding the possible fluctuation of exchange rates between the booking date and the stay dates at the Establishment.
Unless otherwise indicated on the Site, the price does not include any option (such as breakfast, half board, full board, etc.) that has not been expressly offered at the time of booking the Service.
The overnight stay tax, presented during the booking process, must be paid directly at the Establishment unless prepayment is made online before the stay, in which case this amount may be included in the amount paid.
Prices include VAT applicable on the booking day, but any change in the VAT rate will automatically be passed on to the price indicated on the billing date.
All modifications or impositions of new legal or regulatory taxes imposed by competent authorities will automatically be passed on to the price indicated on the billing date.
Finally, it should be noted that some promotional offers are only available on the Site and sold exclusively online, never at the Establishment reception.
4.2 PAYMENTS
The Client provides their payment data (i) to make the prepayment of the reservation before the stay, (ii) as a guarantee of the reservation, or (iii) during the online check-out procedure offered within the Welcome Service described in Article 4.3 below, in which case it will be indicated directly in the dedicated field (e.g., credit card number, expiration date, and verification code).
Payments are made in euros or the currency of the Establishment as indicated in the booking summary.
The payment means accepted by Activos Pirita are those of the payment system provider selected by Activos Pirita (credit card, debit card, bank transfer, PayPal, or other electronic payment means).
Once the booking of the Service is confirmed by Activos Pirita, the Client receives an email confirming the booking and payment, when applicable, and summarizing the booked Service(s).
The Client is responsible for any bank fees related to payments made to Activos Pirita.
Activos Pirita reserves the right to refuse or cancel any booking in case of payment failure, non-compliance with these General Conditions, or suspicion of fraudulent use.
4.3 WELCOME SERVICE
Activos Pirita offers the Client a Welcome Service, which allows completing the online check-out procedure.
This procedure consists of providing identity documents and making payments online before the stay, thus reducing check-in times and avoiding queues at the Establishment reception.
This Service is optional and free.
5. CANCELLATIONS AND MODIFICATIONS
The terms and conditions for cancellation or modification of a booking depend on the Particular Conditions applicable to the booked Service.
They are described in detail during the booking process and summarized in the confirmation email.
The Client is invited to read these Particular Conditions carefully.
If the Client cancels or modifies a booking, they must comply with the cancellation or modification conditions.
Any cancellation or modification request must be sent in writing to the email address indicated in the confirmation email.
Activos Pirita will confirm receipt of the request and the new booking status.
6. LIABILITY
Activos Pirita’s liability is limited to the extent allowed by law.
Activos Pirita is not responsible for damages resulting from the Client’s failure to respect these General Conditions or the Particular Conditions of the Service.
Activos Pirita’s liability is also excluded for damages resulting from force majeure, third-party acts, or technical issues beyond its control.
7. PERSONAL DATA
Activos Pirita processes the Client’s personal data in accordance with the applicable legal and regulatory provisions.
The details are explained in the Privacy Policy available on the Site.
8. INTELLECTUAL PROPERTY
The Site, its content, logos, images, and other elements are protected by intellectual property rights.
No part of the Site may be copied, reproduced, or distributed without prior written authorization from Activos Pirita.
9. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Spanish law.
In case of dispute related to the application, interpretation, or execution of these General Conditions, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Málaga, Spain.
10. RESPECT FOR PRIVACY AND PERSONAL DATA
When the Customer uses the Sites (for example, when making a booking), Activos Pirita processes the Customer’s personal data in accordance with the terms described in the “Personal Data Protection Policy.”
Accordingly, the data collected in the context of the Customer’s booking is intended for Activos Pirita, as well as its entities, partners, providers (in particular, online payment providers), and Establishments in order to meet the needs of fulfilling the booking or to take relevant pre-contractual measures. To the extent that guarantees provided by applicable law have been adopted, the Customer’s data may be transferred from Europe to other countries that do not offer the same levels of data protection required by the European Union.
In order to protect payment operations, in particular, entities within the Activos Pirita Group implement data processing intended to determine the level of fraud risk associated with each transaction. For this reason, Activos Pirita and the Establishments may use the services offered by the Activos Pirita Group’s risk prevention provider to refine their analysis. Depending on the results of these analyses, the Activos Pirita Group may take security measures, which could include requesting the Customer to use another booking channel or another payment method. These measures may lead to the suspension of the booking or, if the analysis does not guarantee the security of the order, its cancellation. Fraudulent use of a payment method resulting in non-payment may lead to the Customer being listed in the Activos Pirita Group’s incident file. This may result in the Activos Pirita Group blocking future payments or conducting additional checks.
The Customer may exercise at any time the rights granted under personal data protection laws. All practical information for this purpose is indicated in the “Personal Data Protection Policy.”
11. MISCELLANEOUS PROVISIONS
Entering the required bank details, together with acceptance of these General Conditions and the Particular Conditions electronically, constitutes an electronic contract between the parties that evidences the booking of the Service and the capacity to demand the amounts owed under the booking.
The applicable General Conditions and Particular Conditions represent the entirety of the parties’ obligations. No other conditions communicated by the Customer shall be incorporated.
In the event of conflict between the Particular Conditions and the General Conditions, the Particular Conditions shall prevail regarding the relevant obligation. In the event of conflict between, on one hand, general conditions of any nature and type, and on the other hand, these General Conditions, the provisions of these General Conditions shall prevail regarding the relevant obligation.
If one or more provisions of these General Conditions are considered or declared invalid under any legislation, regulation, or final judgment issued by a competent court, the remaining provisions shall retain their full effect and force.
The governing language is Spanish. If the General Conditions are translated into another language, the Spanish version shall prevail over any translation in case of conflict, dispute, difficulty of interpretation, or enforcement of these Conditions and, more generally, regarding the relationships between the parties.
The Customer confirms and accepts that Activos Pirita may assign these General Conditions, as well as all associated rights and obligations, to any third party without the Customer’s prior written consent. The Customer agrees that such assignment shall release Activos Pirita henceforth. The Customer may not assign these General Conditions or any associated rights and obligations to any third party without Activos Pirita’s prior written consent.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
The General Conditions shall be governed by Spanish law, without prejudice to mandatory protective provisions applicable in the consumer’s country of residence.
Activos Pirita informs the Customer of the possibility, in case of disagreement concerning these General Conditions, to resort to conventional mediation or any other alternative dispute resolution method.
After contacting customer service or the Establishment to try to resolve the dispute amicably, and in case of a negative response or no response within sixty (60) days of the request, the Customer may turn to the Spanish mediator for tourism and travel matters.
- The mediator’s ruling may be requested within twelve (12) months from the first claim.
Activos Pirita also informs the Customer about the existence of the European Online Dispute Resolution platform (“ODR”) which can be used. The Customer can access it at the following link: http://ec.europa.eu/consumers/odr/.
