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Termes et conditions

GENERAL CONDITIONS OF ENGAGEMENT

 

  1. INTRODUCTION

These General Conditions of Engagement (hereinafter “Conditions”) are applicable to the reservations made through the website www.amistathostels.com (hereinafter the “website”) and they constitute an agreement between you (hereinafter the “Client”) and AMISTAT CONTINENTAL, SL (hereinafter “AMISTAT”), with the following information:

Registered Office: C/ Ausias March, 157 Office G 08013 Barcelona

Tax ID Number: B67420737

Phone Number: +34 932 21 32 81

Email address: legal@amistathostels.com

Commercial Name: AMISTAT HOSTELS

Barcelona Mercantile Register’s Registration: Volume 35624, Sheet B274508, Page 41

We inform you that when you make a reservation, you declare legal capacity to engage in a contract and you agree to submit and bind yourself to these Conditions and Privacy Policy, as they are drafted when accessing to the Website.

These Conditions can be modified at any time by AMISTAT with posterior effects. These modifications shall be exposed in the present document, so the Client shall have access to them at anytime and shall be able to have a copy of it by its printing.

In that sense, we recommend our Clients to check these Conditions before formalizing the reservation and every time they access to our Website.

 

  1. CLAUSES

The reservations formalized through the Website are subject to the following clauses:

  1. 1. Manifestations: The Client assures:
  2. To be in the legal age and have complete legal capacity to formalize the reservation, affirming full comprehension of the legal texts contained in the Website.
  3. That all the information given when formalizing the reservation is true and complete.
  4. And confirms the reservation requested, especially, the dates and number of people selected.
  5. Reservation:

2.1. In the reservation are detailed all the services included according to the booking rates established in the website used to formalize the reservation. Those particular conditions along with the here exposed have to be accepted by you before formalizing the reservation. The contract can be formalized either in English or Spanish, in case of discrepancies in between the two different language versions of these conditions, the Spanish version shall prevail.

2.2. The reservation formalizing process has the following steps:

Step 1. Select the date and the reservation details.                                                                          Step 2. Accept the legal conditions (particular and general Conditions).                                                                          Step 3. Enter the personal information, accepting the Privacy Policy and the property terms and conditions.                                                                                                                                         Step 4. Confirmation and payment.

Once the reservation is finished, a confirmation email with the reservation details (such as price, dates…) shall be sent to the provided email, where a copy of the present Conditions shall be attached. The Client shall have to verify the confirmation and notify immediately any mistake found in it. Otherwise, the confirmation shall be considered as correct and shall be included in the reservation contract.

The reservation shall not be considered formalized until the payment or the stipulated deposit is confirmed, unless otherwise is stated in the reservation conditions.

2.3. It is possible to rectify the incorrect data in every step of the reservation by pressing “back” in your browser. Additionally, in the confirmation email shall be recap the main booking information. In case of detecting any error, the Client shall need to ask for the respective rectification to the contact email specified in the hostel’s website.

2.4. Unless anything else is stated in the particular reservation conditions, the check-in shall be done the arrival day starting at 14:00h, and the check-out shall be done at 11:00h the latest on the departure day. If you arrive before the check-in time, we shall try to set up your room as soon as possible. You shall be able to wait in our public areas without any problem, and even we shall be able to keep all your luggage in the Luggage room.

2.5. In the stays, shall be necessary to deposit 10€ at the check-in, it shall be returned when the sheets and the room key card are given back at the check-out.

2.6. The underage accompanied by adults (above 18 years old) who aren’t their parents or legal tutors shall need a parental authorisation to be able to stay at the hostel. The underage unaccompanied by their parents or legal tutors shall not be able to stay by themselves at the same room with other Clients.

  1. Rates and payment:

3.1. The conditions, the reservation rate and the accepted payment methods are specifically stated in the website where the reservation can be made, they also are reaffirmed in the confirmation email. The Client expressly authorises AMISTAT to charge the specified rates through the given credit card, for instance, to cope with the possible cancellations, delays or no-show penalties, accepting that the given payment information can be used to make the described charges.

3.2. The discounts and special offers shall only be valid during the time they are accessible to the public.

3.3. Unless otherwise stated, the rates specified in the website are the retail price, VAT included. The transaction shall be made in EUROS, indistinctly of the Client’s residence or nationality.

3.4. The requested credit shall only be used as a guarantee, the payment shall be effectuated upon arrival if flexible rate.

3.5. Any other tax, fee or supplement related to the staying, such as the touristic tax, shall be directly paid in the establishment.

4.Reservation modification or cancellation:

4.1. The modification and cancellation policy is specified in the particular conditions of every reservation and in the confirmation email sent.

4.2. Unless otherwise is stated in the selected reservation conditions, cancellations made 72h prior arrival date (before 12h p.m.) shall not be penalized nor charged. Cancellations made after 12h p.m., 72h prior arrival date shall be penalized by charging the first night to credit card provided as a guarantee.

4.3. In stays during the Primavera Sound, all the reservations are non-refundable, and we reserve the right of charging the 100% of the website reservation at the formalizing moment.

5.Withdrawal right:

As a legal requirement provided in the article 97.1.i) of the Spanish Royal Legislative Decree 1/2007, you have been informed that, in accordance with the article 103.l) of the aforesaid regulation, you do not have the right to withdrawal from the reservation contract.

  1. Liability:

6.1. All the hotel facilities and rooms pictures shown in the Website are included for illustrative purposes.

6.2. AMISTAT shall only be liable for the edited content in its Website.

6.3. AMISTAT reserves the right to temporary suspend the Website services, for technical, security or maintenance reasons. The suspension of the services shall not give any right of compensation to the Client, however AMISTAT shall put its best effort to restrict any services suspension or interruption. Likewise, AMISTAT reserves the right to implement, change or actualize the Website at any time, with or without a previous notification. In any case, the Client recognizes and accepts that AMISTAT shall be able to block the Client access to the Website in specific moment for limited periods. In that sense, the Client accepts that AMISTAT shall not be liable, as a result of that blocking actions, of the possible failure provide the Website services or functions.

6.4. AMISTAT shall not be liable of the elements out of its control nor the damages that can possibly suffer the user in technological surroundings (such as, computer, mobile phones, tablets, software, and other similar devices) by accessing the Website in any way. Neither shall be liable of the different uses the Client can make of Website materials; the damages, incidental, special or consequential, as a way of example but without limiting the possible profit loses, data or business opportunities misses or software malfunctions, being or not foreseeable or having or not any direct or indirect connexion with the Website usage; as well as, any kind of created prejudice that could cause to the Clients due regular function or abnormal function of the Website, its settings and the content organization or location and the Website access.

6.4. Considering the law limits, AMISTAT excludes all the guaranties, except the previously described, besides those ones that cannot be legitimately excluded.

  1. Intellectual Property:

The Website, including but without limiting, its programming, edition, compilation and the rest of necessary elements for its correct function, the designs, logos, texts or graphics, are AMISTAT’s property or, if applicable, AMISTAT has a licence or an express authorisation from the authors. All the Website contents are properly protected by the Intellectual Property regulation, as well as all the registration in the correspondent public registry (where appropriate). Regardless of its purposes, the total or partial reproduction, exploitation, distribution and commercialization, in all cases, require written authorisation from AMISTAT. Any unauthorised usage is considered a severe infringement to the author intellectual property rights.

The designs, logos, texts or graphics alien to AMISTAT that could appear in the Website, belong to their respective owners, and they are responsible and liable of any dispute that could arouse in relation to them. The RESPONSIBLE expressly authorises that third parties could be directly redirect to the specific webpage contents, and in all cases, and be redirect to the main Website: www.amistathostels.com.

AMISTAT recognizes in favour of the owners the correspondent intellectual property rights, by not involving its mere mention or appearance on the website the existence of any rights or liability for them, nor endorsement, sponsorship or recommendation.

To make any kind of observation respect the possible failure by complying with the intellectual property rights, as well as any of the Website contents, you can make it through the email legal@amistathostels.com.

  1. Website links policy

From the website, you may be redirected to content from third-party websites. Since AMISTAT cannot always control the contents introduced by third parties on their respective websites, AMISTAT does not assume any liability for such content. In any case, AMISTAT shall proceed to the immediate removal of any content that could contravene national or international law, morality or public order, proceeding to the immediate removal of the redirection to that website, informing to the competent authorities about this content.

AMISTAT is not liable of the information and the stored content, including but not limiting, in forums, chats, blogs generator, comments, social media, or any other way that allows third parties to publish content independently in AMISTAT website. Nevertheless, in accordance with the articles 11 and 16 of the LSSICE, the content is available to all the users, authorities and security forces, collaborating actively in the removal, where appropriate, blocking all content that can affect or contravene national or international law, third-parties rights or the moral and the public order. In the case that the user considers that any content could be susceptible of this kind of conception, please immediately notify the website administrator.

  1. Nullity of the clauses

If one or more clauses included in these general conditions are declared totally or partially void or ineffective, it shall only affect that provision or that part that has been declared so, subsisting the general conditions in everything else, having that clause or the part of it, not included.

  1. Acceptation

The reservation request and its formalization shall imply that all of the Conditions here sated, are considered as a part of the reservation and supplemented by the particular conditions of the rate and the specific applicable legislation, expressly accepted by you.

  1. Applicable law and jurisdiction

These Conditions shall be governed by the Spanish law with the exclusion of its conflict of law rules. Without prejudice to consumers granted rights in matters of jurisdiction by Royal Legislative Decree 1/2007, of 16 November, any dispute that may arise from the use of the Website or the services linked shall be subject to the jurisdiction and competence of the Courts and Tribunals of Barcelona, being the Clients jurisdiction expressly waived.