1. IDENTIFICATION OF THE PARTIES
The following terms and conditions regulate the access and use of the URL www.grupohotusa.com (hereinafter the PORTAL), owned by Hotusa Hotels SA, (hereinafter HOTUSA), whose registered name is HOTUSA, with registered address at C / Xaudaró, 24 28034 Madrid, and Tax ID nº A-08452567, Registered in the Mercantile Registry of Barcelona, page 220, of volume 3.385 of Societies, sheet number 35.787, first registration 30-09-1997, And, on the other hand, the individual, hereinafter the USER, who accesses the page to inform himself or herself and contract the services offered through the portal. Prior to contracting, it is necessary for the USER to read these General Terms and Conditions and accept them, expressly, by clicking on the button at the end of the form "I have read and I accept the General Terms and Conditions", In the case that the user does not accept these Terms and Conditions, he or she should refrain from contracting the services offered by HOTUSA.
2. NATURE OF THE SERVICES OFFERED
HOTUSA offers its services through the exploitation of the website www.grupohotusa.com (hereinafter THE PAGE) from which it offers the user tourism services. For the provision of these services, HOTUSA holds all the necessary permits and licenses for the exercise of its activity. These General Terms regulate the generic use of the portal, as well as the effective contracting of hotel reservation services. However, the hiring of a specific reservation will be subject to the specific terms and conditions established for each case. Similarly, the USER agrees to accept and respect the terms and conditions of purchase established by any hotel entity which the USER chooses to contract, including, but not limited to, the payment of any accrued amounts and compliance of any rules and restrictions regarding the availability of rates, products or services. In the case that special rules or restrictions apply that affect certain rates, products or services selected by the USER, the aforementioned special rules or restrictions will be shown to the USER on the screen before proceeding to the reservation. And, on the other hand, the individual, hereinafter the USER, who accesses the page to inform himself or herself and contract the services offered through the portal.
To start the contracting process, the USER must comply with the following prerequisites, which are not considered to be included in the aforementioned contracting process: Carry out the search for one or more services through the corresponding Search Engine made available for this purpose by HOTUSA on the PAGE, and select the product(s) or service(s) of interest. Accept these General Terms and Conditions, offered prior to the start of the contracting process, and available for download and printing on the PAGE. This acceptance will be made by clicking on a box located for this purpose, containing the text "I have read and accept the conditions of purchase".
4. CONTRACTING PROCEDURES
5. SPECIAL CONDITIONS
The particular conditions of each service, including among others: price, modifications, cancellations, and other aspects not contemplated in these General Conditions, will be governed by the provisions of the corresponding service providers, and will be subject to modifications in which HOTUSA acts a mere intermediary, assuming no obligation nor liability. These Special Conditions shall be understood as accepted in accordance with the provisions of the preceding clause. In the event that said conditions do not allow changes or cancellations to be made by the customer, he or she will not be entitled to a refund of the amount paid as a reservation to HOTUSA.
6. HOTUSA’s OBLIGATIONS
HOTUSA undertakes the following aspects: To make the greatest efforts in the execution of the necessary procedures to complete the acquisition by the USER of the service that he or she contracts through the PAGE. To make the necessary documents available to the USER for the enjoyment of the contracted service. To comply with the other obligations stipulated in these General Conditions, as well as in the Special Conditions stipulated in Clause Five.
7. USER’s OBLIGATIONS
The USER undertakes the following: - Payment of the corresponding amounts, including taxes and fees. - To personally attest to the authenticity of the data provided, as well as the correspondence of this, by statement of identity when expressing consent and make the payment. - To assume any responsibility derived from the non-possession of the documentation required to enjoy the contracted service, and to inform himself or herself of the necessary requirements in this regard, and expressly including those related to border access to third countries. - To comply with the other obligations outlined in these General Terms and Conditions, as well as in the Special Conditions outlined in Clause Five.
The parties acknowledge that HOTUSA, given its status as a mere intermediary between the service providers and the USER, is liable solely under the terms provided in the applicable legislation regarding travel agencies. Likewise, they recognize that HOTUSA cannot guarantee the absolute continuity of the service nor 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 exercise the greatest efforts to prevent these circumstances from occurring. HOTUSA will not be responsible for the lack of veracity, inaccuracy or outdating of those schedules, prices, and other relevant information about the services offered through the website by their respective providers, nor for the breach or defective compliance by them of the obligations derived from the regulations in force and the terms and conditions of sale of each of the reservations that are contracted through the PAGE. If due to force majeure (including, but not limited to political, economic or instability affecting security), deficiencies in the reservations, confirmations and / or execution of any trips or services contracted through HOTUSA, due to circumstances that are deemed neither foreseeable nor resolvable by HOTUSA or if it is impossible to comply with some of the agreed benefits, the client agrees not to submit any claim against HOTUSA and / or the companies of the HOTUSA group, in the present or in the future, due to these deficiencies or breaches, unless a lack of professional diligence by HOTUSA is detected.
9. IMPOSSIBILITY of HAND WRITTEN SIGNATURE
Due to the special characteristics of remote contracting, the USER acknowledges the impossibility of signing the payment slip, understood as the document by which the compliance of the transaction is usually provided. For this reason, the USER renounces the use of his or her signature for any electronic transaction generated as a result of the reservation through the PAGE of any of the services offered therein, expressing his or her agreement through the procedure provided in the Fourth clause of these General Terms and Conditions.
10. ERROR RECTIFICATION
HOTUSA makes the electronic address firstname.lastname@example.org available to its customers, via which the USER can report detection of any error in the introduction of data during the contracting process. In this regard, the USER will have 24 hours to contact HOTUSA for this purpose, from the moment of reception of the purchase confirmation.
HOTUSA may unilaterally modify, at any time it deems necessary, these General Terms and Conditions, as well as introducing new clauses therein. These modifications must be announced on the home page of the PAGE with a notice period of two (2) weeks, and under no circumstances will they affect the contractual relationships agreed prior to them.
12. DATA PROTECION
The declaration of nullity of any or some of the Clauses of these General Terms and Conditions by the competent authority shall not prejudice the validity of the remaining Clauses. In this case, HOTUSA undertakes to draft a new Clause replacing the annulled one with the closest possible alternative. If substitution becomes impossible and the clause is essential for the Contract in the opinion of the party affected by its elimination, it may opt for the termination of the Contract.
14. FINAL JURISDICTION
With express waiver of the jurisdiction that may apply to them, both parties submit to the jurisdiction and competence of the courts and tribunals of the client's place of residence.
Our website does not constitute nor may 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 valuation made by the hotels themselves, which has been verified by EUROSTARS HOTELS according to their own evaluation system, and to the experiences of their clients. Additional information and descriptions of the hotels are also based on the information provided by the hotel itself.