CENERAL BOOKING CONDITIONS FOR
1.- IDENTIFICATION OF THE PARTIES.
On the one hand, “HOTEL NOGUERA MAR, S.L.”, hereinafter RESTAURANT NOGUERA, with address at Calle LLAC MAJOR, 3, 03700 Dénia (Alicante) and CIF: B-54011457, and owner of the domain WWW.NOGUERAMARHOTEL.COM, hereinafter Website.
And on the other hand, the User who contracts the products offered on the Website and whose identification data are those provided directly by the user through the incorporation of his/her data in the different forms that RESTAURANT NOGUERA makes available to access any of the services offered through the Website.
2.- APPLICABLE LEGISLATION.
These General Booking Conditions are subject to Spanish legislation, to the provisions of Law 7/1998, of 13 April, on General Booking Conditions; in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws; in Royal Decree 1906/1999, of 17 December, which regulates the Telephone or Electronic Booking with General Conditions; Organic Law 3/2018, of 5 December, on the Personal Data Protection and guarantee of digital rights; Law 7/1996, of 15 January, on the Regulation of Retail Trade; and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce; DECREE 19/1997, of 11 February, of the Valencian Government, approving the system of prices and reservations in tourist accommodation.
3.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.
The present General Booking Conditions which govern the provision of the services, have the purpose of regulating the access and the system of acquisition of the services provided by RESTAURANT NOGUERA to the User on the Website, constituting the legal framework which develops the contractual relationship.
The User will always and in any case have access, prior to the beginning of the procedure of booking a table, to the General Booking Conditions, being able to be stored and/or reproduced in a durable support.
RESTAURANT NOGUERA places at the disposal of the User an e-mail address, reservas@restaurantnoguera.com, where he/she can contact through the contact form in order to attend to any doubt in relation to the present General Conditions of Reservation.
The User expressly accepts the full and unreserved adherence to the present stipulations in the version published by RESTAURANT NOGUERA at the moment in which the User accesses the Website and has been able to access these General Booking Conditions, or contracts the services in which he/she is interested.
The User undertakes to read the General Booking Conditions carefully each time he/she books a service, given that they may have been modified since the last time he/she accessed them.
By accepting these General Booking Conditions, the User declares:
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That he/she is a person with the capacity to contract.
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That he/she has read and accepts these General Booking Conditions.
The User, who declares that he/she has sufficient legal capacity* to contract, will be linked to these GBC at the moment that he/she makes a reservation in any of the channels indicated above.
* LEGAL LIMITATIONS: It is understood that the User is not under 18 years of age. Minors are technically restricted from registering on this website and therefore may not make purchases or reservations, in compliance with legal regulations. Data sent by minors will not be processed, as this is prohibited by law.
4.- MODIFICATION.
RESTAURANT NOGUERA will be able to modify the present General Booking Conditions, without affecting the services acquired by the Users prior to the modification, as long as there is sufficient cause or reason to do so. It is understood that there is sufficient cause or reason for the modification, including but not limited to, when the purpose of the modification is to:
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Extend the range or number of services made available to the User or improve the existing ones.
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Adapt the services covered by this contract to the advances that may occur due to the development of new information technologies.
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Modify, replace or update the prices of the services offered on the Website.
5.- OBLIGATIONS OF THE PARTIES.
These General Booking Conditions apply to any Table Reservation on the Website.
5.1.- Obligations of RESTAURANT NOGUERA:
RESTAURANT NOGUERA undertakes to comply with the following contractual obligations derived from the commercial relationship with the User as a consequence of the Table Reservation by the User:
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To provide the services requested by the User with the maximum guarantees in accordance with the provisions of these General Booking Conditions and without breaching good contractual faith.
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Expressly inform the User of the existence of these General Booking Conditions prior to the start of the Booking procedure.
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Inform the User, prior to the Reservation and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the reservation services requested, such as the price of the same and the applicable taxes, as well as the charges for non-attendance without cancellation.
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To make available to the User the GBC and the specific conditions where applicable. Likewise, and for those services that so require, the applicable Particular Conditions will be made available to the User prior to the Reservation.
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Comply with the provisions of the regulations on the rights of consumers and users.
5.2.- User’s Obligation:
For his/her part, the User undertakes the following contractual obligations:
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To fully comply with the provisions of these General Booking Conditions when booking the services offered by the Website.
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To complete the registration forms prior to the start of the Booking procedure with truthful and current information in order to access any of the services offered on the Website. Likewise, the User guarantees and shall be responsible for keeping them completely updated for as long as he/she remains a User of the Website.
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To complete the forms for accessing the services, with truthful and current information, as said data is necessary for the issuing, if applicable, of the invoice by RESTAURANT NOGUERA and the collection of the contracted services.
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To correctly provide the bank details requested by RESTAURANT NOGUERA, and pay the price of the products consumed at the time of the reservation.
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To omit sending messages that in any way impede or hinder the normal functioning of the services offered by the Website. In any case, the User will be solely and totally responsible for the content of the messages that he/she writes or sends, as well as for the data that he/she provides.
6.- PAYMENT CONDITIONS. PRE-CONTRACTUAL AND CONTRACTUAL IMPROVEMENT.
Reservations can be made, as mentioned above, through three channels: Website, e-mail or telephone call.
When making the reservation on the Website, the User must indicate: the number of people (if less than 10), the day of the reservation and the time, then select the area of the restaurant in which he/she wishes to make the table reservation and then provide the personal reservation details and then the meal preferences and the card number and expiry date will be requested, when the reservations are for 4 or more people, as a guarantee.
When the reservation is for a group of 10 or more people, a group request will be made online, and the reservation will not be formalised until RESTAUMENT NOGUERA accepts it.
A charge of 20 euros per diner will be made if, on the day and at the time the reservation is made, the diner has not shown up at the restaurant.
7.- AVAILABILITY.
If RESTAURANT NOGUERA, despite acting with due foresight and diligence, is unable to provide a table in the reserved area, for reasons not attributable to them, and if it is impossible to provide the services under the agreed conditions, RESTAURANT NOGUERA will offer the User the possibility of relocating to another table in the restaurant. Should it not be possible to offer the service due to unforeseen circumstances, such as power cuts, floods, fires, etc., RESTAURANT NOGUERA will notify the user as soon as possible, and will not proceed to charge any amount, nor will RESTAURANT NOGUERA be entitled to any compensation whatsoever to the User.
The User will not be able to choose the specific table in the area he/she has selected, the tables being organised in such a way as to maximise the use of space and will be assigned by the head waiter.
8.- FEES.
The prices include taxes and the User will have to pay the total of the corresponding prices according to the products consumed.
RESTAURANT NOGUERA reserves the right to modify the list of prices published on the Website, whenever it deems appropriate. In any case, the prices to be paid will be those appearing on the Restaurant's menu at the time of consuming the products.
9.- PAYMENT METHODS.
The User has the following means of payment:
- Credit Card (Mastercard and Visa)
10.- TIME OF ARRIVAL.
The time of access to the table will be the time indicated at the time of booking. If after 20 minutes no diner has arrived and no notice of the delay has been given, the table will be vacated and a charge of 20 euros per diner will be made for the reservation, as the service is considered to have been provided. If a table is available and is not reserved for other people, provided that RESTAURANT NOGUERA considers that it can provide a good service and they will have to leave the table at the time of arrival of the next table, they will be notified of the possibility of a double turn and will have to leave the table when they are notified and the double turn will have to be strictly respected.
11.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS, AND LEGAL GUARANTEE.
12.1.- Procedure.
To exercise the rights of cancellation, withdrawal and use of the guarantee, the user must contact RESTAURANT NOGUERA through Tel. +34 966474107 or reservas@restaurantnoguera.com
12.2.- Right of Cancellation.
The user may cancel the reservation free of charge up to 4 hours before the time the table is reserved.
If the cancellation is made during the 4 hours before the time of the reservation, a charge of 20 euros per diner indicated in the reservation will be made.
In the event of leaving the table before the food and beverage order has been placed, a charge of 20 euros per diner at the table will be made, and in the event of leaving the table once the food and beverage order has been placed, the charge will be made using the card provided at the time of booking the table.
12.3.- Right of Withdrawal.
In accordance with Article 103 letter L of the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, "The right of withdrawal shall not be applicable to contracts that refer to: The provision of accommodation services for purposes as housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance”.”.
13.- RESPONSIBILITY OF THE PARTIES.
13.1.- Responsability of RESTAURANT NOGUERA.
The content of the present Website is presented for the sole purpose of promoting the services of reserva table reservation of RESTAURANT NOGUERA, without any other guarantee of any nature whatsoever.
The User is warned that the use of electronic systems entails certain risks. RESTAURANT NOGUERA will only be responsible for the damages that the User may suffer as a consequence of the acquisition of the services.
In particular, RESTAURANT NOGUERA is exempt from any responsibility for possible damages:
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that may be caused by the lack of availability and/or continuity of the Website.
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that may be generated to the User in the case of impossibility of providing the service which is the object of the present General Booking Conditions due to fortuitous events, force majeure or other causes not attributable to RESTAURANT NOGUERA. To these effects, the following are considered beyond the control of RESTAURANT NOGUERA (i) the modem, (ii) the User's computer system, (iii) the navigation software, (iv) viruses, (v) the interconnection of telephone and electrical networks, (vi) ADSL, RDSI, and/or any other transport or telecommunications infrastructure used by the User.
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for the inadequate functioning of the Website if this is due to maintenance work, incidents, a malfunction of the user's terminal or its insufficient capacity to support the systems essential to make use of the service.
RESTAURANT NOGUERA does not guarantee the absence of viruses or other elements in the Website that could produce alterations in your computer system, nor the usefulness, accuracy, updating or infallibility of the contents or services not controlled by them.
RESTAURANT NOGUERA will adopt the appropriate measures to ensure a rapid response, but cannot be held responsible for delays due to telecommunication services, nor can it guarantee a specific period of time for the provision of services.
13.2.- User's responsibility.
The User will be the only responsible for the consequences derived from the communication of data that is not true as well as data belonging to persons other than the User.
To adopt the necessary security measures, both personal and material, to maintain the confidentiality of their username and password, as well as to immediately notify RESTAURANT NOGUERA of the loss, misplacement, theft, robbery or illegitimate access of their username, as well as its knowledge by third parties.
In case of non-fulfilment by the User of his contractual obligations, RESTAURANT NOGUERA reserves the right to take the opportune legal actions, as well as the right to restrict the access to the services offered in the Website.
14.- BREACH OF CONTRACT.
Both contracting parties must proceed to comply with the obligations assumed in this contract in the terms established throughout it. In the event that either of the parties should fail to comply with any of the essential obligations of this contract, or should fail to comply with them in a defective manner, the party that has in turn complied with its own obligations may consider that there has been a breach of contract under the terms established in Article 1.124 of the Civil Code, being entitled to choose between terminating the contract or demanding compliance, claiming, in both cases, the corresponding compensation for damages.
15. NOTIFICACIONES.
For the purposes of carrying out the appropriate notifications, RESTAURANT NOGUERA designates the address specified in the legal notice as the contact address.
The e-mail address provided by the User during the registration process on the Website will be used by RESTAURANT NOGUERA for the purpose of sending notifications to the User.
The User is obliged to keep the data duly updated for the purposes of notifications referred to in the present clause.
All the notifications made by RESTAURANT NOGUERA to the User will be considered to have been validly made if they have been made using the data and through the aforementioned means. RESTAURANT NOGUERA accepts no responsibility for any damage that may be caused by the User's failure to comply with his or her obligation to keep his or her contact details up to date.
16. NULLITY AND INEFFECTIVENESS OF CLAUSES.
If any clause included in these General Booking Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect said provision or the part thereof that is null and void or ineffective, and the General Booking Conditions shall remain in force in all other respects.
17. DURATION OF THE GENERAL BOOKING CONDITIONS.
The period of validity of these General Booking Conditions shall be the time that they remain published on the Website and shall be applicable from the moment the User proceeds to book any of the services.
18. APPLICABLE JURISDICTION.
In case of litigation between the parties, territorial jurisdiction shall correspond, imperatively, to the Court of Dénia.
