General Terms and Conditions
The purpose of this document is to regulate the GENERAL TERMS AND/OR CONDITIONS of on-line Reservation and pre-Reservation services (hereinafter either on-line Reservation and pre-Reservation services or the services) of the company NH HOTELES, S.A. (formerly Corporación Financiera Reunida, S.A.) with registered office at calle Santa Engracia 120, Madrid, which was incorporated by a deed of incorporation executed before the Notary of Barcelona, Mr. José Falp, on 23rd December 1881, and registered in the Mercantile Register of Madrid, Volume 576 General, 176 of Section 3, Folio 34 reverse, page number 1467 and with Tax Identification Code No. [C.I.F] A-28027944, (hereinafter NH), Tel. 914519735 and Fax 914519789. The terms "You" and "User" are used herein to refer to any individual and/or entity that for whatever reason accesses http://www.nh-hotels.com or uses the services.
The use of these services presupposes full and unconditional acceptance and the validity of each and every one of the General Terms and/or Conditions (which shall be deemed to be automatically incorporated in the agreement entered into with NH without their written transcription therein being necessary) included in the latest updated version of these General Terms and/or Conditions.
2.USE OF THE NH ON-LINE PRE-RESERVATION AND RESERVATION SERVICES
The online Pre-Reservation services are merely informative and their purpose is solely to offer users the possibility of consulting room availability in the hotel or city of their choice. WITHIN 24 HOURS USER WILL RECEIVE AN EMAIL CONFIRMING THAT THE RESERVATION HAS BEEN MADE, MEANING THAT IT WILL ONLY BE BINDING ONCE NH HAS ACCEPTED THE RESERVATION THROUGH ITS CONFIRMATION BY EMAIL AND USER'S SUBSEQUENT PAYMENT THEREOF. User must check the Reservation confirmation and notify NH at once and in writing of any error.
2.2.On-line Reservation Services
a. The purpose of the On-line Reservation Services is the Reservation of a room in any NH hotel. THE USE OF THESE SERVICES PRESUPPOSES FULL AND UNCONDITIONAL ACCEPTANCE AND THE VALIDITY OF EACH AND EVERY ONE OF THE GENERAL TERMS AND/OR CONDITIONS (WHICH SHALL BE DEEMED TO BE AUTOMATICALLY INCORPORATED IN THE AGREEMENT ENTERED INTO WITH NH WITHOUT THEIR WRITTEN TRANSCRIPTION THEREIN BEING NECESSARY) INCLUDED IN THE LATEST UPDATED VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS.
b. Contract Procedure: Whenever user makes use of the service, he or she will receive confirmation by email including the information that user's purchase order is in the process of being confirmed. If user is a consumer, once the amount corresponding to the Reservation has been charged, it will receive an email confirming the reservation, which will act as proof of the reservation.
c. Guarantee: The reservation is confirmed and guaranteed all night long with a credit card. If the client fails to show up without prior notice, the first night's stay will be charged (VAT and taxes included).
d. Termination of Agreement or Cancellation of a Reservation. The credit card is just a guarantee. The client will not be charged a cancellation fee always provided that it makes the cancellation before the time established as the deadline in each country (local time of the hotel) on the day of arrival. Once this threshold has been passed, NH will charge a cancellation fee as compensation, which is the price of the first night (VAT and taxes included), except for hotels in Germany where 10% of the charge may be refunded as compensation for non-incurred expenses.
This clause is not valid for reservations made with special rates. In this case the respective special conditions will apply.
The deadline arrival times at the hotel in each country are as follows:
- Spain: 18.00 hours on the day of arrival
- Portugal: 18.00 hours on the day of arrival
- The Netherlands: 16.00 hours on the day of arrival
- Belgium: 18.00 hours on the day of arrival
- Germany: 18.00 hours on the day of arrival
- Switzerland: 18.00 hours hours on the day of arrival
- Argentina: 16.00 hours on the day of arrival
- Austria: 18.00 hours on the day of arrival
- Chile: 16.00 hours on the day of arrival
- Mexico: 18.00 hours on the day of arrival
- Uruguay: 16.00 hours on the day of arrival
- South Africa: 18.00 hours on the day of arrival
- Italy: 16.00 hours on the day of arrival
- Romania: 16.00 hours on the day of arrival
- Hungary: 16.00 hours on the day of arrival
- United Kingdom: 16.00 hours on the day of arrival
- Luxembourg: Before 4 pm on the day of arrival.
- France: 16.00 PM on the day of arrival (Except Paris until 12.00 PM on the day of arrival)
- Dominican Republic: 18:00 hours on the day of arrival
e.CANCELLATION CHARGES FOR RESORTS HOTELS
No charge will made to your credit card if you cancel your reservation at least 48 hours before your arrival date.
If you cancel within 48 hours of your arrival date then 50% of the total cost of your stay will be charged to your credit card.
In cases of no shows at the hotel, without any prior communication from the client, then 100% of the total cost of your stay will be charged to your card except for hotels in Germany where 10% of the charge may be refunded as compensation for non-incurred expenses.
In case of special rates specific conditions will apply.
The cancellation penalty is valid for the following hotels:
NH Venus Sea Garden Resort, Brucoli
Grand Hotel Convento di Amalfi
NH REAL ARENA
Cancellation is permitted up to 48 hours prior to arrival, excluding Christmas Holidays, New Year´s, and the week before and including Easter.
This reservation is guaranteed up to 48 hours prior to arrival.
You may extend the period of the room guarantee by providing your credit card details.
f. Child Policies NH Resorts
NH RESORTS (Caribbean): The Child Policies in all our resort hotels are subject to the hotel facilities and determined by the hotel management, as stated in the contracts in place.
NH RESORTS (Europe): The Child Policies in all our resort hotels are subject to the hotel facilities and determined by the hotel management, as stated in the contracts in place. If applicable, NH Child Policies are only valid for hotels not sold in half-board or full-board.
g. Rates per Room and Night
Rates are valid only in writing and only for the period indicated. When justifiable reasons exist, NH reserves the right to amend these rates without prior notice.
The rates relative to the reservation are indicated during the reservation process. VAT/sales taxes will be applied to the rates, as well as any applicable additional taxes according to local regulations in each country. The aforementioned local taxes must be paid directly at the hotel
2.3 User undertakes to make use of the services in accordance with the Law, decency, respectability and law and order and in accordance with the provisions of these General Terms and Conditions. Consequently, user has the obligation of refraining from using the services for illicit purposes and effects and/or contrary to what is established in these General Terms and Conditions, in a manner that may be injurious to the rights and/or interests of third parties or that may in any way harm NH and/or its image or the services.
2.4 For greater efficiency and for the benefit of users, NH may at any time and without prior warning unilaterally modify the services it provides or the operational, technical or usage conditions of the services. Similarly, with a view to improving the service and establishing an optimum quality level (the ultimate aim of NH), users are invited to suggest any modifications they may consider useful by contacting the persons responsible for the service at the following email address: email@example.com
3.PROTECTION BY NH OF USERS' PERSONAL DATA
Users of the on-line Pre-Reservation and Reservation services offered via www.nh-hotels.com are voluntarily providing data of a personal type (hereinafter Personal Data) and expressly and unconditionally agree in full to NH processing them automatically and including them in a file for the purpose of being able to offer and provide services. This file is the responsibility of NH and is registered with the competent authority.
Due to the characteristics of the NH activity and its services and in order for it to develop and meet its targets, it may be necessary for these personal data to be ceded to third parties, which may include international transfers. These personal data may be transferred to companies within the NH Group and/or to other interested parties. The sole purpose of this transfer of personal data to these entities is the correct rendering of the services offered by NH.
Users making available their personal data have the right at all times to access the file and exercise their rights of rectification, cancellation and opposition in accordance with the terms and conditions laid down in data protection legislation. Similarly, user's consent to the processing and transfer of its personal data will be revocable at all times without retroactive effect, as per the provisions of Sections 6 and 11 of Spain's Law 15/1999, of 13th December 1999, of the Protection of Personal Data.
To this end, it will be sufficient for user to contact NH by sending an email firstname.lastname@example.org or by writing to its registered office at calle Santa Engracia 120, 7ª planta, 28003 Madrid, Spain. NH guarantees that it has adopted all appropriate security measures in its installations, systems and files. Furthermore, NH guarantees the confidentiality of Personal Data, although it may disclose to the competent authorities Personal Data as well as any other information that is in its possession or is accessible via its systems and is required by the applicable legal regulations in each case. Users ofwww.nh-hoteles.com guarantee and are responsible, in all cases, for the truthfulness, accuracy, validity and authenticity of the Personal Data made available and undertake to keep them duly updated.
NH services are not for use by minors and NH neither requests nor collects information relating to minors.
NH may collect information through such devices as cookies or log files on the browsing habits of its www.nh-hoteles.com users. These devices are associated exclusively with one user and its own personal computer. In these cases, NH will only use these data as a whole and with the ultimate aim of improving its services. It is possible that NH may share this information with client companies but always globally and solely for statistical purposes.
The electronic document with which the reservation is formalized is archived electronically during the established statutory period. Clients may access data by exercising their corresponding access rights in the aforementioned manner.
4.CORRECT USE BY USER OF THE WEB SITE'S CONTENTS
4.1 NH declares that the industrial property rights (brands, commercial names, etc.) which appear in its web site are its property and/or are legitimately exploited by virtue of usage agreements or licences, being duly protected by the Industrial Property regulations. User undertakes to use the Web Site lawfully, diligently and correctly and, in particular, it undertakes to refrain from:
(a) eliminating, evading or manipulating the copyright, brands and all other data identifying the rights of NH or titleholders included in the contents and/or products placed on the market from the NH Web Site as well as all technical protection devices, digital marks and all other information mechanisms that may contain them
(b) using the contents and, in particular, information relating to NH obtained via the Web Site for sending publicity, communications for promoting direct sales or any other type of commercial purpose, allowing the general public's access via whatsoever mode of public communication, transforming or modifying the contents, except with the authorization of the holder of the corresponding rights or when legally permitted
4.2. Procedure in the case of the Violation of Intellectual Property Rights. If a user or third party is of the opinion that a part of the contents has been entered in the Web Site in violation of its intellectual property rights, it must send a notification to NH with a complete and accurate indication of its data, the intellectual property rights supposedly infringed and the Web Site.
5.RIGHT TO AMEND THE GENERAL TERMS AND/OR CONDITIONS
NH reserves the right, without prior warning, to unilaterally amend any of the provisions of these General Terms and/or Conditions, in the manner it may deem necessary, informing users of the amendments made via www.nh-hotels.com.
6.GUARANTEE AND LIABILITY DISCLAIMER
6.1 NH DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO USER AND, CONSEQUENTLY, DISCLAIMS ALL LIABILITY FOR ANY DAMAGES AND/OR LOSSES OF ANY TYPE THAT MAY BE DUE TO THE LACK THEREOF. NEVERTHELESS, AND TO THE EXTENT THAT THIS IS POSSIBLE, IT WILL ENDEAVOUR TO MAKE TECHNICAL ASSISTANCE AVAILABLE TO THE AFFECTED PERSON. LIKEWISE, NH HOTELES WILL SEEK TO RESOLVE THE INTERRUPTION AND, WHENEVER POSSIBLE, PUT ALTERNATIVE MEASURES AT THE DISPOSITION OF THE USER.
6.2 NH DOES NOT UNDERTAKE TO CONTROL AND HAS NOT PREVIOUSLY CONTROLLED THE CONTENTS FOR THE PRESENCE OF VIRUSES OR OTHER ELEMENTS THAT MAY CAUSE ALTERATIONS IN THE SOFTWARE OR HARDWARE OF USER OR PERSONS WHO VISIT THE SITE AND, CONSEQUENTLY, IS NOT RESPONSIBLE FOR ANY DAMAGES AND/OR LOSSES OF ANY TYPE THAT MAY RESULT THEREFROM.
6.3 IF, IN SPITE OF ACTING WITH DUE DILIGENCE AND FORESIGHT, NH IS UNABLE TO PROVIDE THE BOOKED ROOMS FOR REASONS THAT ARE NOT ATTRIBUTABLE TO NH OR SHOULD IT BE IMPOSSIBLE TO RENDER THE SERVICES UNDER THE AGREED TERMS AND CONDITIONS, NH SHALL OFFER USER THE POSSIBILITY OF CHOOSING BETWEEN A REFUND OF THE TOTAL AMOUNT PAID OR THE SUBSTITUTION OF OTHER ROOMS OF A SIMILAR CATEGORY OR QUALITY. IF, AS A RESULT OF THE SUBSTITUTION, THE SERVICE WERE TO BE OF INFERIOR CATEGORY OR QUALITY, NH MUST REFUND THE DIFFERENCE.
7.GENERAL TERMS AND/OR CONDITIONS SAFEGUARD
Should any of the provisions of these General Terms and/or Conditions be declared null and void or unenforceable, the remaining Conditions shall be maintained in the agreed terms. NH undertakes to substitute the provision in question by a provision that most closely complies with the intent initially pursued by the parties.
NO PROVISION IN THIS AGREEMENT SHALL IN ANY WAY AFFECT MANDATORY CONSUMER-RELATED REGULATIONS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY WAIVE YOUR RIGHT OF ABANDONMENT.
8.WWW.NH-HOTELS.COM AND ACCEPTANCE OF RULES OF USE
User is aware of the fact that the use of these on-line Pre-Reservation and Reservation services presupposes full and unconditional acceptance of each and every one of the provisions of the Rules of Use of www.nh-hotels.com, in the version published by NH at the moment user contracts the service. Such Rules of Use complete these General Terms and/or Conditions in all aspects that are not in opposition to them. Consequently, user must be aware of the importance of reading the Web Site's rules prior to accessING it and/or making use of the services.
9.APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and/or Conditions are governed by Spanish Law. For the settlement of any disputes that may arise in connection with their total or partial validity, execution, compliance or resolution, NH and user, expressly waiving their own or any other venue that may correspond to them, agree to abide by the jurisdiction of the Courts and Tribunals of the city of Madrid. This contract constitutes the total and complete agreement between NH and user and substitutes all previous pacts, undertakings, statements and agreements, whether written or oral, that may have existed previously between both parties.
In any case, any controversy that may arise from the provision of services at the hotel in which the client is staying shall be submitted to the Courts and Tribunals of the consumer.