Legal Notice and Terms and Conditions

1. Scope of application.

This document regulates the rules of use of https://granhotelcostadelsol.com/ (hereinafter the ‘Site’), including all content on the domain and its subdomains. It also establishes the general terms and conditions of our online shop.

By using the Site, you become a User and accept the legal conditions. You can review our website and notices at any time. Read them carefully and remember that they are subject to change. By contracting our services, you accept these conditions, so it is advisable to read them each time you contract our services. You can always review the texts.

The use of our online store as a visitor or registered member, and following the steps to make a purchase therein, implies the user’s acceptance of these Terms and Conditions, except in the case of unfair terms, which shall be deemed null and void.

The Terms and Conditions apply from the start of the contract until the end of the withdrawal period and legally established guarantees.

2. Website ownership and notifications.

Website owner: Constructora Palmacana, S.L Tax ID number: B35379049.

Address: C/ La Butibamba 9, C.P. 29649, de La Cala de Mijas

Telephone: 952587580 EMail: recepcion@granhotelcostadelsol.com

3. Intellectual and industrial property.

We own the intellectual property rights to all content on the site or have the appropriate authorisation to use it.

All trademarks or distinctive signs used are protected by law; the unauthorised reproduction, distribution, commercialisation or transformation of the contents of the Site constitutes an infringement of intellectual and industrial property rights.

Such unauthorised use, as well as any damage caused, may result in legal action and, where applicable, liability.

4. Diligent action by the owner of the Site to exclude liability.

The customer must evaluate the content, programmes, information and/or advice expressed on this site and make their own purchasing or contact decisions. We wish to reaffirm that we will implement all appropriate security measures, in accordance with current technology, to prevent third parties from making fraudulent use of the website, but we cannot completely eliminate the existence of certain risks.

Likewise, we will endeavour to ensure that our content is accurate and unambiguous, avoiding any typographical errors that may exist in our offers or services. Should any errors be detected, they will be corrected as soon as possible, and customers will be notified if they have made a purchase containing an error.

We may publish content or services provided by third parties or companies provided that we have carried out the relevant checks and that the content is truthful and accurate in accordance with current regulations. We will remove these links as soon as we become aware that they breach current regulations or that they may cause you potential harm. We advise you to act with caution and consult the legal conditions of these websites.

Although we take all necessary security measures, our responsibility is one of means, not results, and therefore we cannot guarantee the absence of viruses or other elements on the website that may cause alterations to your computer system. Therefore, we shall be exempt from contractual or extra-contractual liability to users provided that we have proactively implemented all technical measures within our power and that, once the incident has arisen, we work diligently to minimise its impact on your rights and freedoms, from the moment we become aware of its existence.

The user shall always have the right to make any legal claims they deem appropriate, and these terms and conditions shall not serve to limit their rights in any way. However, in the event of damage of any kind caused by computer viruses or attacks, the perpetrator of the attack shall be held liable. If you detect any problems or illegal content on our website, please let us know.

5. Reservations and liability.

Consumers or users can make reservations through the portal. Our services are categorised, and the available information about their characteristics and price appears on the screen, along with one or more descriptive photographs. Before making a reservation, the user must check it and assess whether it suits their needs. In addition, the user must be at least 18 years of age, provide the necessary information and accept these Terms and Conditions.

6. Booking procedure:

The customer must follow the instructions on the screen, filling in the fields until the agreed room and date appear, without any obligation to purchase. You can view the booking or delete it. You can change the dates, the days of stay, the room, the currency or the language.

During the search, the website will guide you with notifications, such as those relating to minimum stays.

If you wish to continue with the booking, you must select the room. You will then be asked to fill in a form with your personal details and enter your credit card information. To complete the booking process, you must accept the Legal Notice and Terms and Conditions, as well as the specific terms and conditions applicable to the type of booking you have chosen (the most important ones will appear in a drop-down menu), and click on the ‘Book now’ button.

When a booking is made, and once payment has been received and verified, we will confirm acceptance of the booking by email within 24 hours of confirmation.

The contract ends once you leave the hotel. The booking is formalised when you arrive at the hotel. Guarantees and data will be retained for legal and/or commercial reasons, if you accepted or requested the latter.

For any additional information regarding your booking or billing, please contact Customer Service or the address provided at the beginning of this text.

We will provide you with an invoice at the end of your stay.

7. Online and physical check-in:

Once you have made your booking, you can check in at any time via our website or app. To do so, you must enter your identification and payment details and accept the terms and conditions. Once you have done so, you must present this documentation at reception for verification, as the physical check-in process involves checking the details you have entered.

Rooms are available from 3 p.m. and must be vacated by 12 noon. These conditions may be changed upon request and upon payment of the agreed amount. This amount will be communicated via email after the request has been made.

Remember that data verification is a legal requirement. Remember that you must bring and show your ID card or passport in order to stay at the hotel, as well as your card for making payments, in addition to a photo of your signature, which will be scanned using the trackpad.

With the card inserted, you will pay for the services you use during your stay at the hotel, such as laundry, restaurants, or other extras requested, without the need to pay in cash. If you do not insert the card, you will be charged in cash or by payment upon departure.

We may also ask you for a copy of your family register or equivalent documentation to verify your relationship with minors, or any document that serves to justify the transaction details, unless you have already provided them to us through the payment gateway you have contracted.

8. Specific terms and conditions:

Prices are quoted and charged in Euros, VAT included.

These prices are subject to availability and may change if you do not book now.
Special offers and certain dates may require a minimum stay.
To make a booking, you must provide the credit card details of the person making the booking.

Although we request your credit card details, you will pay for your stay upon arrival at the hotel, except for reservations subject to prepayment and those offering non-refundable rates, in which case the total amount of your stay will be charged to the card provided at the time of booking. Your credit card will be stored securely and confidentially as an additional guarantee. In the event that the credit card is not valid, Gran Hotel Costa del Sol will request a new card from the customer and reserves the right to cancel your booking if no response is received within 48 hours. Please keep your confirmation voucher until you arrive at the hotel and show it at reception. (If you do not present your confirmation voucher at reception, the hotel will not be responsible for any errors related to the booking, whether in terms of the rate, number of people and/or services contracted). Your booking will be held until 6pm on the day of arrival. If you plan to arrive later, please notify the hotel by telephone. The hotel will try to accommodate special requests as far as possible, subject to availability and circumstances.

Additional charges may be added once you are at the hotel, depending on your consumption. Please remember to bring your card with you.

Reservations may only be cancelled by sending an email to recepcion@granhotelcostadelsol.com or via the booking link provided in the booking confirmation email.

No charge will be made to your credit card for cancellations and modifications made up to 2 days before the date of arrival, except during high season, when cancellations and modifications must be made 7 days before the date of arrival, Christmas from 21 December to 2 January, Easter, and the summer season.

In the event that cancellations and modifications are made outside these deadlines, Gran Hotel Costa del Sol reserves the right to charge your credit card the amount of the first night for stays of less than 7 nights, for stays of more than 7 nights 25% of the total amount will be charged. The same will be done in case of no-show.

When the company deems it appropriate, a discount will be offered to residents of the Canary Islands at certain hotels. To benefit from this discount, when making the reservation, the customer will select the room called ‘room for Canary Islands residents only’ and show their valid proof of residence (ID card, residence card, etc.) upon arrival at the hotel. If they fail to do so, the discount will not be applied and they will be charged the normal room rate without the resident discount.

The Hotel makes every effort to verify the information, avoiding errors or omissions. We will update the information whenever we detect an error.

9. Price and payment method.

Payment must be made directly at the hotel and in the hotel’s local currency. Otherwise, the hotel may apply the corresponding commission for currency exchange services. Finally, non-refundable rates will charge the total amount of the stay to the card provided at the time of booking. By confirming the legal conditions, the customer accepts that the amount will be charged to their credit card and does not allow changes or cancellations. The non-refundable rate is not always combinable with other offers. Please check when making your reservation.

The prices shown on granhotelcostadelsol.com are for the total stay and include taxes. These prices may vary without prior notice, but the prices of reservations already made will always be maintained, except in the case of erroneous reservations caused by an error or interruption in the booking portal. Consequently, Gran Hotel Costa del Sol reserves the right to take action in relation to processed reservations.

Payment will be made by credit card. All commercial transactions are carried out in a secure server environment under SSL (Secure Socket Layer) protocol and PSD2 (Payment Services Directive EU 2015/2366) regulations, which guarantee the security and privacy of your data.

We will send you confirmation of receipt of payment by email within 24 hours.

10. User obligations.

The commercial use of trademarked services is expressly prohibited, unless expressly authorised by us or the trademark owner.

The user undertakes to pay the price.

You must keep your password confidential and notify us immediately if you suspect unauthorised use of your account so that we can assist you.

Furthermore, you agree not to use another person’s account, username or password; we remind you that such actions could result in legal consequences.

11. Obligations of the website owner.

It undertakes to make the necessary information regarding the services available to the user and, once the purchase has been made, to send them a confirmation email stating that the order has been received and confirming payment.

Likewise, an invoice will be prepared and provided to the guest at the end of their stay. It can be delivered in paper format at the time of check-out or, if you request it, via email.

12. Withdrawal.

You are contracting accommodation services for purposes other than serving as a residence, with a contract that specifies a specific date or period of execution; therefore, there is no right of withdrawal. This is regulated by Article 103(i) of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users.

13. Terms of use for users and responsibilities.

It is prohibited to overload, damage or render useless the networks, servers and other computer systems or computer applications (software) belonging to the owner or third parties; or for purposes that are harmful to their property or interests.

If you are aware that any hyperlinks refer to websites with content or services that are illegal, harmful, degrading, violent or contrary to morality, please contact us.

If you send us any information, you agree that it is accurate and does not infringe on the rights of third parties or violate current legislation.

You agree not to reproduce, distribute, transform, modify or manipulate the contents or the technical protection or configuration devices of the Site. Nor should you use means other than those we have made available to you to obtain materials, information or files included on the Site.

You are responsible for the use you make of the products purchased on the Website. Use them according to the instructions and recommendations provided. You will be liable for any damage resulting from improper or incorrect use, unless we are guilty of gross negligence, fraud or breach of our obligations. You will always have the right to file any claims you deem appropriate.

You will be responsible for your actions, specifically for:

• Any acts that contravene the provisions of these general terms and conditions, the law, morality, generally accepted customs, and/or public order.
• Any action you take that differs from the directions or instructions regarding the operation and use of the product or service.
• The accuracy, correctness, validity and currency of the data you provide when filling in each of the forms we require on the website.
• Direct or indirect damages caused by any third party if the user disclosed, neglected or, in any way, allowed a third party to become aware of their personal data for reasons attributable to the user, or failed to take adequate measures to protect them.

14. Right to refuse the request.

We reserve the right not to provide the service when we consider that it objectively infringes current regulations, general conditions, morality, generally accepted customs, public order; when it harms a third party, or when for reasons derived from our own image and reputation; we do not consider it appropriate.

One of the specified causes must always exist, so under no circumstances does this mean that the execution of the contract is subject to our will. Furthermore, you will have the right to file a claim with the authorities you deem appropriate, without this implying any reduction in your rights.

The user will always be informed and given viable and legal alternatives; if they do not accept these and payment has been made, a refund will be issued.

15. Information and modification.

We comply with the duty of prior information, as we have presented this text to potential interested parties before contracting.

The temporary validity of these terms and conditions coincides with their period of exposure, until such time as the terms and conditions stipulated herein are modified in whole or in part unilaterally, with the user being obliged to consult our General Terms and Conditions and the specific terms and conditions of the services each time they access our online shop.

Orders in progress or already placed shall be governed by the terms and conditions and consumer regulations published at the time of contracting.

If you are registered, you must accept the updated terms and conditions before signing up again.

If any clause is declared invalid, it shall be deemed null and void without affecting the remaining conditions and without diminishing the user’s ability to file any claims they deem appropriate.

16. Assignment and subrogation.

We may hire service providers and collaborate with or transfer formalised contracts to third parties in order to supply all or part of the products to which we are committed by virtue of the various operations that are formalised. This shall not diminish our responsibility with regard to the contract.

You can find an updated list of our service providers in the recipients section of our privacy policy.

17. Extinction and termination.

This contract shall terminate when both parties have fulfilled the obligations they have undertaken therein, or when it is terminated by either party if any of the causes provided for termination occur, or if the other party seriously breaches any of the obligations established in the contract.

18. Applicable law, jurisdiction and validity.

El presente Aviso legal y las Condiciones Generales de Contratación está establecido en idioma Castellano-Español, y se rige en cada uno de sus extremos, por la legislación española.

As a consumer, you are protected and can file a complaint or lawsuit from your home.

Both parties submit to the Courts and Tribunals of La Cala de Mijas (Spain), if:

• You reside outside the European Union and your country does not have an agreement with Spain that prevents the express submission to jurisdiction from being established.
• This is a sale made by a company acting within the scope of its business or professional activity (since you would not be a consumer).

19. Prescription and lack of conformity.

The consumer has up to five years to exercise their rights when they are not satisfied. In the event of non-compliance, they have up to two years to notify us that the goods, content or digital service do not comply with what was contractually agreed.

If it is foreseeable that the service will evolve while it is being provided, we will inform you of this before purchase.

20. Online Dispute Resolution.

In accordance with EU Regulation 524/2013 on online dispute resolution for consumer disputes (ODR), we inform you that as a consumer, you have access to a procedure for resolving disputes arising from online contracts in the EU.

EU Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/