GENERAL TERMS AND CONDITIONS
1. INTRODUCTION
This document, GTC, together with the documents mentioned herein, establishes the conditions governing the purchase of the services of the web WEB owned by GRUPO CALIFA with address at Plaza de España, 17 Vejer de la Frontera and e-mail address: reservas@lacasadelcalifa.com. The company MAGNUM PLUS, S.L. is registered in the Mercantile Register of Cadiz, Volume 1051, Book: 0, Page 11313.
Please read these terms and conditions carefully before using this website.
By using this website or making a purchase order through it, you are bound by these GTC, which may be modified, so it is your responsibility to read them periodically, but the GTC in force at the time of use of the website or conclusion of the contract will be applicable. The elements of the Web, as well as the services that appear for sale have been originally created in their idea, image, production system, etc., expressly by our company. The reproduction, publication, transmission, transmission, modification or distribution by any means of any element of this Web site is expressly prohibited. The photographs, images, illustrations, designs, graphics, icons and any other element that is part of the Web are the exclusive property of GRUPO CALIFA.
2. CONCLUSION OF THE CONTRACT OF SALE
Reservations
The user can make the online reservation of the desired service, whether it is a home or hotel accommodation, gift voucher or restaurant services.
The use of these services, will imply the full and unreserved acceptance, and the validity, of each and every one of the GTC that will be considered automatically incorporated into the contract that is signed with CALIFA GROUP, without the need for its written transcription in the same.
Contracting procedure:
The user makes the reservation of the desired service.
When confirming the reservation, the user must register the card payment. Once the card payment has been made, you will receive an email confirmation of your reservation, this email serves as proof of your reservation. Normally our confirmation time is very short or even immediate.
If the reservation is for the restaurant El Jardín del Califa, it will not be necessary to provide bank details for the reservation to be made.
For hotel reservations, there are two types of reservations:
– Those that involve charging the card in real time.
– Reservations in which only the credit card information is required.
The holder of the credit card used to make the reservation must correspond to the guest staying at the establishment. The credit card used for the reservation will be requested upon arrival to verify that the information provided is correct. The credit card holder must be present at that time.
Offers
Offers are valid for a certain period of time, which can be checked in its specific conditions on our website.
3. AVAILABILITY OF SERVICES
Orders are subject to availability and subsequent confirmation by us.
For the purposes of these GTC, the contract shall be deemed to have been concluded at the time of sending by us of the email or notice after payment, with the acceptance of the same.
In this regard, if, exceptionally, once the order has been placed, difficulties arise regarding the service requested, we reserve the right to inform you of alternatives that may be of interest to you.
4. PRICES
The price of each service will be the one stipulated at any time on our website, except in case of typographical error, and is expressed in Euros (€), as currency. Although we try to ensure that all prices shown on the site are correct, errors may occur.
If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled, an email will be sent to you and you will be fully reimbursed for any amounts paid.
The prices on this website include the corresponding taxes (e.g. VAT). In the final invoice, the price of the service(s) purchased and the applicable taxes will be shown on the invoice.
The prices related to the reservation will be indicated during the booking process. These prices are detailed per room per night and are valid in writing and for the period indicated therein.
5. PAYMENT METHODS
There are different forms of payment by credit card:
- Payment at check-out: the user pays the amount by credit card charge in real time.
- Checking online: the credit card is charged in real time.
- For gift vouchers, payment is made in advance by credit card and charged to the card in real time. After payment a confirmation email is sent to the recipient.
- For credit card payments the charge will be made in real time through the corresponding payment gateway, once the authenticity of the communicated data has been verified.
Non-refundable reservations are always paid by credit card and charged in real time.
By accepting the GTC, the user expressly authorizes GRUPO CALIFA to automatically charge for the provision of its services, for which it may use the bank card details provided by the user at the time of booking the hotel room.
GRUPO CALIFA will store the data of the user’s bank card for the period necessary to verify that the additional expenses incurred by the user, after having checked-out, are fully covered. Therefore, GRUPO CALIFA will temporarily store this data for the sole purpose of being able to collect the additional expenses incurred by the user until his departure from the Hotel and that have not been paid at the time of Check-out.
Once GRUPO CALIFA has verified that the user has paid for all the services enjoyed, it will delete, where appropriate in compliance with the legal obligations that may be required, all data from the user’s bank card. Thus, if the user were to hire the services of GRUPO CALIFA again, he/she would have to provide his/her bank details again.
The user declares that he/she is the holder of the bank card that he/she provided for the payment of the services provided by GRUPO CALIFA and/or that it belongs to a third party who expressly authorized him/her for the use of the same.
The user guarantees that the personal and billing data provided to GRUPO CALIFA are true, accurate, current and complete and is responsible for communicating to GRUPO CALIFA any changes to them, so that the corresponding charge can be made.
In the event that GRUPO CALIFA could prove that the user committed fraudulent practices in relation to the use of the bank card for the payment of the services provided through the online check-out process, GRUPO CALIFA reserves the right to initiate the legal actions that by law correspond to it.
6. PURCHASE GUARANTEES
The reservation is confirmed and guaranteed for the whole night by credit card.
It is important for you to know that from August 10 to 24 are the festivities of Vejer and that the hotel is located in a square where there is an orchestra playing until late at night.
7. TAXES
All services that can be purchased on this website include the taxes legally established for such purchase.
In the event that the tax rate changes between the date of the reservation and the date of delivery of the services, generating a disparity, according to tax regulations, the tax rate that will be applied to the final price will be the one that corresponds at the time of delivery of the services or the accrual of the tax, even in cases where this would cause an increase in relation to the final price indicated to the customer during the reservation.
8. RIGHT OF CANCELLATION
Hotels
Cancellation is free of charge up to 48 hours in advance. If you wish to cancel your reservation, please let us know at least two days before your stay, we will cancel your reservation without any charge. Otherwise we will charge you the amount corresponding to the first night of your stay. The credit card is only a means of guarantee. Cancellation of bookings by the user will not incur any early cancellation charges.
Houses
The customer can cancel the booking free of charge until at least 30 days before the date of arrival. If the client cancels between 7 and 30 days before the start of the rental, 50% of the reservation will be refunded. If the client cancels less than 7 days before the start of the rental, 100% of the total price will be refunded. Only and exclusively the persons indicated in the reservation are authorised to use the flat.
Gift vouchers
Gift vouchers are non-refundable, the beneficiary may redeem them for one year from the date of purchase.
Group bookings for the El Jardín del Califa Restaurant
To be agreed with the administration.
9. OTHER SPECIAL CONDITIONS
– Schedules: check-in is from 3:00 p.m. and check-out is until 12:00 noon. Hours.
– Jardín del Califa: Our restaurant is the most popular in Vejer. We recommend that you make a reservation (you can always cancel at any time) in order to avoid the disappointment of not having a table available when you stay with us. Leave a message in the comments box on the reservation or send us an email.
– Parking: The historic center of Vejer is mainly pedestrian. Although street parking is available, availability is often difficult. We have limited parking spaces available depending on the season at 15 € or 17 € per day; otherwise, there is a covered public parking (with charge). Our parking lot is 100 m from the hotel.
– Extra beds and cribs: Extra bed and cribs according to room and on request. Leave a message in the comments box on the reservation or send us an email and we will confirm which specific rooms have availability.
– Hammam: Relax in Hammam Vejer, hammamvejer.com, the Arab baths of the Califa Group located a few meters from the hotel. At the hotel reception they will make the reservation or if you wish you can make it directly at 621 19 30 30.
– Pets: Our hotel has some pet friendly rooms. Accommodation with pets is subject to prior request and has a supplement of 11€.
– SPECIAL CONDITIONS CALIFA CASAS
This contractual relationship is configured as tourist housing in accordance with the provisions of the Tourist Housing Law of Andalusia, Decree 28/2016 of February 2.
Upon delivery of the dwelling the users of the dwelling must show their identity document, in compliance with Decree 28/2016 and sign a copy of what is contained in this clause.
Payment of the price constitutes acceptance of these booking conditions.
Cancellation Conditions: The client may cancel the reservation free of charge up to 7 days before the date of arrival. If cancelled later, 50% of the reservation will be refunded.
If the client does not show up he/she will have to pay the total price of the reservation.
Only and exclusively the use of the house is authorized to the people indicated in the reservation.
In case of exceeding the number of people without express written authorization, CALIFA CASAS reserves the right to terminate this contract and even demand immediate eviction from the property without any compensation.
CALIFA CASAS may charge to the credit card used to make the reservation any payment for the amount necessary to cover repairs of damages, replacement or subtraction of damaged objects, extraordinary cleaning, etc. …. that may have occurred during the stay, once the property and its equipment have been checked by CALIFA CASAS at the end of the stay; in case of paying for the reservation by another means of payment, the User must provide the details of a credit card of his or her ownership at the time of check-in.
Under no circumstances may the User extend the stay or delay departure beyond the check-out time indicated at the time of check-in (unless expressly authorized in writing). In case of non-compliance CALIFA CASAS will charge to the credit card indicated in the deposit section, double the agreed daily rent for each day of delay or fraction of delay, as a penalty, and if applicable, the expenses that may be incurred, among others, the relocation of users who have purchased the property for that day. This penalty is an essential condition of the contract.
The property is delivered clean and prepared for its use and has been checked by CALIFA CASAS staff prior to its arrival.
The User is obliged to leave the property picked up, the used dishes placed in the dishwasher or washed, garbage removed and the furniture in the same location in which it was found.
Otherwise, any extra cleaning, repairs and/or replacement of furniture will be charged to the credit card mentioned in the deposit section of this contract.
The stay of pets in the house must be previously authorized in writing. Otherwise CALIFA CASAS reserves the right to demand the eviction from the house.
Smoking is not allowed inside the apartment.
The property has been checked before the entry of the User.
The User must check at the entrance the good condition and operation of the property, notifying CASAS CALIFA in writing, within a maximum period of 24 hours, any anomaly and/or damage that could be detected, so that it can be solved as soon as possible, taking into account the impossibility of carrying out any type of repair during the weekends.
The damages in the house detected during or at the end of the stay caused by the User will be repaired at the User’s expense.
All utilities (electricity, water and gas) are included in the rental price. Responsible and environmentally friendly consumption is requested.
The User and his companions will respect, where appropriate, the rules and regulations of the community or association of neighbors of which the tourist accommodation is part. They shall avoid any kind of disturbance that may alter the coexistence and rest of the neighbors. Likewise, it is not allowed to carry out any type of event, party or celebration inside the assigned property and its exterior, which entails the entry and exit of people outside the property and that, if applicable, have been previously authorized in the reservation by CASAS CALIFA.
Failure to comply with the aforementioned will result in the imminent eviction from the property without the right to any compensation from CALIFA CASAS and CALIFA CASAS may claim from the Users for all damages and losses caused, as well as charge the appropriate amount to the credit card mentioned in the deposit section of this contract.
Users are aware and accept that they are occupying private property and are responsible for their own safety and health.
Any improper use of the interior and exterior facilities of the property shall be the sole responsibility of the User. For this reason, the User will be informed upon arrival of the instructions for the correct and proper use of the property and other facilities, of which he/she is aware and accepts these rules.
It is forbidden to alter the property, paint, move furniture, ornamental elements and/or decorative objects. No object of the property may be removed from the same, including furniture and household goods.
During his/her stay, the user shall allow CALIFA CASAS staff unrestricted access to the property in case it is necessary, or in case of emergency, CALIFA CASAS or the person designated for this purpose may access the property in order to solve any problem that may arise inside the property. For this purpose, the User must provide a contact telephone number upon arrival and be able to communicate the reason or give prior notice of the need to enter the dwelling, being obliged to allow access to the same.
Likewise, the User shall allow a courtesy visit to the dwelling every 7 days of accommodation so that CALIFA CASAS can check the User’s stay and the situation of the dwelling.
Temporary cuts of any supply (water, electricity or gas) caused by breakdown, repair or maintenance of the general network will not entitle the User to any compensation from CALIFA CASAS, however, in the case of serious flaws or permanent damage to the property that prevent the use for which it is intended, the User will be entitled to a refund of the amount in proportion to the days that the property cannot be inhabited except in cases of force majeure, storms, earthquakes, etc ….
At the end of the stay the user is obliged to return to CALIFA CASAS all the keys that were given to him/her upon arrival. The loss of these will imply an additional cost that will be charged to the credit card mentioned in the deposit section.
In case of loss of personal belongings, robbery, theft or personal damage, the user is not entitled to make any claim to CALIFA CASAS or to the owner of the property.
The insurance of the dwelling does not cover personal damages, illness or injury of the Users and any accompanying person, therefore it is recommended that a personal travel insurance be taken out.
All occupants of the property shall be jointly and severally liable for any damage or injury caused by misuse of the property.
For any disagreement between the parties, they waive any jurisdiction that may correspond to them and expressly submit to the jurisdiction of the Courts and Tribunals of Barbate.
10. POLICY FOR MINORS
Minors under 18 years of age must stay at the Hotel accompanied by their parents, guardians or adults duly authorized by them. Hotel staff may require relevant documentation identifying the adults as their parents/guardians or authorized persons.
11. PUBLIC ORDERS
The user agrees to use the services in accordance with the law, morality, good customs and public order, as well as with the provisions of these GTC. Consequently, he/she is obliged not to use the services for illicit purposes or effects and/or contrary to what is established in the present Terms and/or General Conditions of contracting, harmful to the rights and/or interests of third parties or that, in any way, may damage the services of GRUPO CALIFA and/or its image.
12. QUALITY
GRUPO CALIFA may, for greater agility and for the benefit of the users, modify unilaterally, at any time and without prior notice, the services provided, or the Conditions of operation, techniques and use of the services. In the same way, the users, in order to improve the service and establish an optimum level of quality, ultimate objective of GRUPO CALIFA, will be able to suggest those modifications that they consider useful, by contacting the responsible of the page through the e-mail address: reservas@lacasadelcalifa.com.
13. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing. By using this Web site, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this Web site. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.
14. NOTIFICATIONS
Notices will be deemed to have been received and properly given as soon as they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a Contract but you may assign or donate the purchased product to anyone you wish. We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under it to or for us at any time during the term of this Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect your statutory rights, if any, as a consumer or void, reduce or otherwise limit any express or implied warranties that we may have granted to you.
16. FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, but not limited to, the following:
1. strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract notwithstanding the Force Majeure Event.
17. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, and in particular those of the purchaser’s domicile.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we make available to the customer the following link that allows access to the European Union’s online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES