The terms and conditions indicated below regulate the access and use of the URL address www.grupohotusa.com (hereinafter the PORTAL), owned by Hotusa Hotels S.A. (hereinafter HOTUSA), (hereinafter HOTUSA), whose corporate name is HOTUSA, C/ Xaudaró, 24 28034 Madrid, with C.I.F. nº A-08452567, registered in the Mercantile Registry of Barcelona, Folio 220, Volume 3.385 of Companies, Page number 35.787, Inscription 1ª 30-09-1997, and, on the other hand, the natural person, hereinafter THE USER, who accesses the page to obtain information and contract the services offered through the portal. Prior to contracting, the USER must read these Terms and Conditions of Contract and expressly accept them by clicking on the button located at the bottom of the form "I have read and accept the Terms and Conditions of Contract". If the USER does not accept these Terms and Conditions, he/she must refrain from contracting the services offered by HOTUSA.
HOTUSA offers its services through the operation of the website www.grupohotusa.com (hereinafter referred to as THE WEBSITE), from which the user is offered services related to the tourism market. In order to provide these services, HOTUSA has all the necessary permits and licenses for the exercise of its activity. These general conditions of use regulate the generic use of the portal, as well as the actual contracting of hotel reservation services. However, the contracting of a specific reservation shall be subject to the specific terms and conditions established for each case. Likewise, the USER agrees to accept and respect the terms and conditions of purchase established by any hotel entity with which the USER chooses to contract, including, but not limited to, the payment of any amounts due and compliance with any rules and restrictions on the availability of rates, products or services. In the event that there are special rules or restrictions affecting certain rates, products or services selected by the USER, such special rules or restrictions shall be made clear to the USER on the screen before proceeding with the reservation. And, on the other hand, the natural person, hereinafter USER, who accesses the page to get information and contract the services offered through the portal.
In order to initiate the contracting process, the USER must comply with the following prerequisites, which will not be considered to be included in the aforementioned contracting process: Perform a search for one or more services through the corresponding search engine made available for this purpose by HOTUSA on the WEBSITE, and select the product(s) or service(s) of interest. Accept these General Conditions, which are offered prior to the beginning of the contracting process, and are available for downloading and printing on the PAGE. Such acceptance shall be made by clicking on a checkbox located for that purpose, with the text "I have read and accept the conditions of purchase".
The contracting of services through the WEBSITE will be carried out on the basis of the following process: Once the present General Conditions have been accepted and the service chosen, the USER will access a page in which he/she will be asked to enter the personal data of the beneficiary on behalf of whom the reservation is being made. All data collected will be treated in accordance with the Privacy Policy of the PAGE. Secondly, the necessary data will be requested for the payment, by credit card only and through the payment gateway established for this purpose, of the selected service. In the same way, the data collected will be treated in accordance with the Privacy Policy of the WEBSITE. The realization by the USER of the reservations that he/she chooses, will be subject to the particular terms and conditions that the suppliers or organizers of such products or services establish for each case, and that are provided for in the following clause. The USER also agrees to accept and respect these terms and conditions of reservation including, but not limited to, compliance with any rules and restrictions on the availability of rates, products or services. The USER will give his/her consent by clicking on the "Checkout" button at the bottom of the page where the payment details are requested. Said confirmation will be sent electronically to HOTUSA, which will be responsible for storing and preserving it in order to guarantee the process. The confirmation of the purchase by the service provider will imply, in any case, the completion of the contract, and the commitment on the part of the customer to the payment of the established amounts. Once the consent has been given, a page confirming the purchase will be displayed on the screen, and an e-mail will be sent to the customer with the information related to the purchase.
The specific conditions of each service, including, among other things, prices, modifications, cancellations and other aspects not contemplated in these General Conditions, will be governed by the provisions of the corresponding service providers, and may be subject to modifications for which HOTUSA, as a mere intermediary, assumes no obligation or responsibility whatsoever. Said Special Conditions shall be understood to be accepted in accordance with the provisions of the previous clause. In the event that these Special Conditions do not allow the client to make changes or cancellations, the client will not be entitled to reimbursement of the amount paid to HOTUSA for the reservation.
HOTUSA undertakes the following obligations: To make every effort to carry out the necessary procedures to complete the purchase by the USER of the service he/she has contracted through the WEBSITE. To make available to the USER the necessary documents for the enjoyment of the contracted service. To comply with the other obligations foreseen in the present General Conditions, as well as in the Particular Conditions foreseen in Clause Five.
The USER is obliged to the following: - To the payment of the corresponding amounts, including fees and taxes. - To respond personally of the authenticity of the provided data, as well as of the correspondence of the same ones with his identity when he manifests his consent and realizes the payment. - To assume any responsibility derived from the non-possession of the required documentation to enjoy the contracted service, having to be informed of the requirements demanded in this sense, and including expressly those referred to the border access to third countries. - To comply with the other obligations foreseen in the present General Conditions, as well as in the Particular Conditions foreseen in Clause Five.
The parties acknowledge that HOTUSA, given its status as a mere intermediary between the service providers and the USER, is only liable to the USER under the terms set forth in the applicable legislation on travel agencies. Likewise, they acknowledge that HOTUSA cannot guarantee the absolute continuity of the service or the absence of computer viruses in the services provided through its network, which may cause alterations in the programs or documents stored in its information systems, although it will make its best efforts to prevent these circumstances from occurring. HOTUSA shall not be liable for the lack of veracity, inaccuracy or outdatedness of the schedules, prices and other relevant information about the services offered through the website by its respective suppliers, nor for the non-compliance or defective compliance by the same with the obligations derived from the regulations in force and from the terms and conditions of sale of each of the reservations that are contracted through the WEBSITE. If for reasons of force majeure (including, but not limited to, political or economic unrest or instability affecting security), there should be deficiencies in the reservations, confirmations and/or execution of any trips or services contracted through HOTUSA, due to circumstances that are not foreseeable or solvable by HOTUSA, or if it were even impossible to fulfill some of the agreed services, the client waives the right to file any type of claim against HOTUSA and/or the companies of the HOTUSA group, existing at present or in the future, for such deficiencies or non-fulfillment, unless a lack of professional diligence on the part of HOTUSA is proven.
Due to the special characteristics of distance contracting, the USER acknowledges the impossibility of signing the payment slip, understood as the document by means of which the conformity of the transaction is usually provided. For this reason, the USER waives the signature of the same for any electronic transaction generated as a consequence of the reservation through the WEBSITE of any of the services offered in the same, expressing his/her conformity by means of the procedure foreseen in clause Four of the present General Contracting Conditions.
HOTUSA provides its clients with the e-mail address atencion.cliente@hotusa.com, to which the USER may contact in the event of detecting any error in the entry of data during the contracting process. In this regard, the USER will have 24 hours to contact HOTUSA for this purpose, counting from the time of confirmation of the purchase.
HOTUSA may unilaterally modify these General Terms and Conditions at any time it deems necessary, as well as introduce new clauses in them. These modifications must be announced on the home page of the WEBSITE with two (2) weeks' notice, and in no case will they affect the contractual relations that have been perfected prior to them.
Any processing of data derived from the execution and fulfillment of these General Conditions shall be in accordance with the provisions of the Privacy Policy which is made available to the client on the WEBSITE, and which shall be understood for these purposes as an integral part of these Conditions (Spain).
The declaration of nullity of any or some of the Clauses of these General Conditions by the competent authority will not affect the validity of the remaining clauses. In this case, HOTUSA undertakes to draft a new Clause to replace the nullified Clause as closely as possible to the same. If the replacement becomes impossible and the clause is essential to the Contract, in the opinion of the party harmed by its elimination, the latter may opt for the termination of the Contract.
With express waiver of any other jurisdiction that may correspond to them, both parties submit to the Jurisdiction and Jurisdiction of the Courts and Tribunals of the customer's domicile. Our web site does not constitute nor can it be seen as a recommendation or promotion of the quality, level of service or classification of a hotel. The classification of hotels by stars, carried out in accordance with international conventions, provides non-binding information about the category of the hotel. The classification used in EUROSTARS HOTELS is based on the rating made by the hotels themselves, which has been checked by EUROSTARS HOTELS according to its own evaluation system, and on the experiences of its customers. Additional information and hotel descriptions are also based on information provided by the hotel itself.