Terms and Conditions
INTRODUCTION
These general conditions apply to reservations processed on the websites of the EMAR HOTELES chain (hereinafter the “Website”). The reservations made constitute a contract between You (hereinafter the Client) and the company whose tax details are listed below (hereinafter the HOTEL):
GESTION TURISTICA EMAR, S.L., with registered address at C/ Sa Maquina, 30, 07870, La Savina – Formentera (Balearic Islands – Spain) and VAT ID B57052482.
The following channels are available to Clients for submitting requests, inquiries, or complaints:
- Contact form on the website where the reservation is made
- Email: reservas@elspinsresort.com
The request and processing of reservations on this Website implies full and unconditional acceptance of the Legal Notice and Privacy Policy of the Website along with these general terms and conditions, in their latest version, without prejudice to the specific conditions of the reservations that may be established during the process. Therefore, we advise you to read these conditions before requesting or formalizing your reservation and each time you access our Website, as we reserve the right to change, modify, add or remove any part of these general terms and conditions at any time.
LEGAL REGULATION
These general terms and conditions are subject to the provisions of Law 7/1998, of April 13, on General Conditions of Contracting; Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 34/2002, of July 11, on Information Society Services and Electronic Commerce; as well as all applicable tourism regulations and, subsidiarily, the Civil Code and the Commercial Code.
CLAUSES
Formalizing reservations through the Website is subject to the following clauses:
1. Declarations: The Client declares:
- To be of legal age and fully capable of formalizing the reservation, and declares to understand and fully comprehend all conditions on the Website.
- That the data provided when formalizing the reservation are true and complete.
- That they confirm the requested reservation, especially the selected rooms and services, indicated dates, and number of people.
- That in case of booking for a group, they are authorized to complete the form on behalf of and for all travelers.
2. Website Access: Access to this Website is the Client's responsibility.
3. Reservation:
3.1. The reservation includes the services detailed according to the rate conditions stated on the page from which the reservation is requested or made. These specific conditions, along with these general conditions, must be accepted by you before formalizing the reservation.
3.2. The contract may be validly formalized in Spanish and in the other languages available on the website. In the event of discrepancies between the translated versions of these conditions, the Spanish version shall prevail.
3.3. The Client accepts that the HOTEL assumes no obligation or liability regarding services not provided directly and in particular regarding the inaccuracy, incompleteness, lack of updating, and/or imprecision of data or information about offers, prices, characteristics, and any other relevant data or information about external suppliers’ products or services that are advertised or may be booked through the Website. Likewise, the HOTEL is exempt from any liability arising from the non-fulfillment or defective fulfillment by such providers of their contractual obligations or applicable regulations.
3.4. Online reservations: The online reservation process follows the following steps:
1. Availability: Search for dates and selection of room type and number of guests.
2. Collection of personal data and acceptance of the general conditions.
3. Request for card data and payment via payment gateway.
4. Confirmation of reservation and payment, error, or cancellation of payment.
Once the reservation has been made, the Client will receive by email, at the provided contact address, a "Booking Confirmation with the reservation locator number".
Unless otherwise stated in the rate conditions, the reservation will not be considered firm until the price or stipulated deposit has been paid.
3.4. For services that can only be booked on request, unless otherwise stated in the rate conditions, a mere availability request will not constitute a confirmed reservation, and it will be subject to the fulfillment of the requirements stated on the page from which the request is made and to the HOTEL’s confirmation.
3.5. At each step of the booking, any data entry errors may be corrected using the “back” button on your browser. Additionally, the Booking Confirmation will summarize the reservation details. If errors are detected, Clients must request the necessary corrections immediately by sending an email to: reservas@elspinsresort.com
4. Price and Payment:
4.1. The conditions, price of the intended stay and/or services requested, as well as the accepted payment methods, are those explicitly stated in the rate conditions on the page where you request or make the reservation.
4.2. Unless otherwise indicated, the prices shown on the Website are Public Sale Prices, VAT included.
4.3. The transaction will be carried out in EUROS, regardless of the Client’s origin.
4.4. The Client expressly authorizes the HOTEL to charge the amounts stipulated in the rate conditions, for example, penalties for late cancellation or no-show, accepting that the payment method details provided may be used to make the corresponding charges.
4.5. Promotions and offers will only be valid while accessible to service recipients.
5. Modification or cancellation of reservations:
5.1. Modification or cancellation of confirmed reservations will be subject to the specific conditions established in the rate terms.
Any modification or cancellation must be requested from the HOTEL at the email address available on the Website or in the Booking Confirmation, or via the following link https://bookings.emarhotels.com/es/my-booking-login, indicating the reservation locator and the email address provided at the time of booking.
5.2. Modification of the reservation is subject to hotel availability.
6. Right of withdrawal: For the purposes of Article 97.1.i) of RDL 1/2007, you are informed that, pursuant to Article 103 l) of said Royal Decree-Law, there is no right of withdrawal.
7. Nullity of clauses: If one or more clauses in these general conditions are declared wholly or partially null or ineffective, this will only affect that provision or the part so declared, with the rest of the general conditions remaining in effect, and that provision or part shall be deemed not to have been included.
8. Acceptance: The request and formalization of the reservation necessarily imply that all of these general conditions, considered as an integral part of the reservation and completed by the rate conditions and applicable specific legislation, are expressly accepted by you. These conditions, together with the specific rate terms and the booking confirmation or request, express the entirety of obligations between the parties.
9. Applicable law and competent jurisdiction: This contract is governed by Spanish law, excluding its conflict of law rules. Without prejudice to the rights recognized to consumers regarding jurisdiction by Royal Legislative Decree 1/2007 of November 16, any dispute that may arise from the use of the Website or the services linked to it shall be submitted to the jurisdiction and competence of the Courts where the HOTEL is located, with the Client expressly waiving their own jurisdiction if applicable.
Version 1.0 – July 2021
