Terms and Conditions
The purpose of this document is to regulate the GENERAL TERMS AND CONDITIONS OF CONTRACTING the pre-booking and on-line reservation services for the accommodation managed by Marfolín Playa.
Marfolín Playa, with registered office at Avenida Los Lagos, nº42, Telf. 650359564. The Terms “You” and “User” are used here to refer to all individuals and/or entities that for any reason access www.marfolínplaya.com or use the services.
The use of these services will imply the full and unreserved acceptance, and validity, of each and every one of the General Terms and/or Conditions – which will be considered to be automatically incorporated into the contract signed with Marfolínplaya without the need for a written transcription thereof – contained in the latest updated version of these General Terms and/or Conditions.
2. Use of Marfolín Playa’s online pre-booking services
The on-line pre-booking services are merely informative, and their sole purpose is to offer the user the possibility of consulting the availability of an accommodation of his/her preference. IN 48H/72H THE USER WILL RECEIVE AN E-MAIL CONFIRMING IF THEIR RESERVATION HAS BEEN MADE SO THEY WILL ONLY BE BINDING ONCE ACCEPTED BY MARFOLÍN PLAYA THROUGH THE EXPRESS CONFIRMATION OF THE RESERVATION BY E-MAIL AND SUBSEQUENT PAYMENT OF THE SAME BY THE USER. The user must verify the confirmation of the reservation and notify Marfolínplaya, immediately, in writing, of any error.
Contracting procedure: When using the service the user will receive a confirmation email which will include the confirmation that their reservation order is in the process of being confirmed. If you are a consumer, once the payment corresponding to your reservation has been made, you will receive an email confirming your reservation. This email will serve as proof of your reservation. If you use a credit card for your reservation: The holder of the credit card used must correspond to the guest staying in the establishment. The credit card used for the reservation will be requested upon arrival to verify that the data provided is correct. The credit card holder must be present at that time. If you make a bank transfer, the proof of payment and subsequent confirmation of the same will be the receipt.
Guarantee: The reservation is confirmed and guaranteed by credit card and/or bank transfer. In case of no-show at the accommodation without previous notice, the whole stay will be charged. (IGIC and taxes included).
At the time of booking, 30% of the total amount will be paid as a deposit. It will be made by bank transfer.
Resolution of the contract or cancellation of the reservation: The credit card and/or bank transfer is only a means of guarantee. Cancellation of reservations by the user will incur cancellation charges as stipulated in each case. As a general rule, a full refund is only possible if there are at least 30 days left before the arrival date or the cancellation is made within 24 hours of the time of booking. A refund of 50 % of the deposit will be made if the cancellation takes place at least 20 days before arrival. Cancellations made during the 20 days prior to arrival are not refundable.
These clauses are not valid for reservations made at special rates. In this case, no refunds of any kind will be applied.
An entrance deposit of 200 euros is required. It will be returned within a maximum of 72 hours once it has been checked that the accommodation is correct.
Policy for minors. Minors under 18 must be accompanied by their parents, guardians or adults duly authorized by them. Children may only be accommodated in accommodation that indicates their admission.
Prices per accommodation and night. Prices are only valid in writing and for the period indicated. When there are justifiable reasons, Marfolín Playa reserves the right to modify these prices without prior notice.
The prices related to the reservation will be indicated during the reservation process. The IGIC is applied to the prices, without prejudice to the fact that additional taxes will be applied according to the local regulations in force in each of the accommodations.
The prices shown at the time of booking include IGIC (or equivalent tax) according to the tax rate applicable at the time.
In case the tax rate changes between the date of the reservation and the date of delivery of the services, generating a disparity, according to the tax regulations, the tax rate that will be applied to the final price will be the one that corresponds at the moment of the delivery of the services or the accumulation of the tax, even in the cases in which this will cause an increase in relation to the final price indicated to the client during the reservation.
2.2 The user undertakes to use the accommodation in accordance with the law, morality, good customs and public order, as well as with the provisions of these Terms and / or General Conditions of Contract. Consequently, they are obliged not to use the services, for illicit purposes or effects and/or contrary to what is established in these General Terms and/or Conditions of contracting, harmful to the rights and/or interests of third parties or that, in any way, could damage the services, Marfolín Playa and/or its image.
2.3 Marfolínplaya may, for greater agility and for the benefit of users, unilaterally modify, 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, users, with the aim of improving the service and establishing an optimum level of quality, the ultimate objective of Marfolínplaya, may suggest those modifications that they consider useful, by contacting those responsible for the page via the email address email@example.com
3. Conditions applicable to the check-in or check-out process of Marfolín Playa
As a general rule, the check-in time in our accommodations is from 15:00 h to 21:00 h, and the check-out between 08:00 h and 11:00 h. We will always ask our clients to confirm their arrival and departure times in order to be personally attended to by a member of our team.
3.1 The process of “Auto Check-In and Auto Check-out” is not possible.
During the Check-In, a 200 ? deposit will be charged and a photo will be taken of the ID’s of all guests staying, in order to facilitate the corresponding registration.
Once the check-out has taken place, Marfolínplaya staff will verify the state of the accommodation and if necessary reserves the right to make any kind of retention of the deposit collected, if it has been found to be in poor condition and/or any damage has been caused by the user.
The user may check out until 11.00 PM on the same day of departure of the user from the accommodation.
This section provides information on the processing of your data in relation to pre-booking and online booking.
4. WHO IS THE CONTROLLER OF THE DATA OF THE HOLDERS?
Address: Avenida Los Lagos, nº42, El Cotillo.
Email: firstname.lastname@example.org (Indicated in the reference “Data Protection”).
FOR WHAT PURPOSE WILL MARFOLÍN PLAYA PROCESS THE PERSONAL DATA OF THE HOLDER AND FOR HOW LONG?
We inform you that the data provided by the Account Holder are treated by Marfolín playa with the following purposes:
To manage the realization of the reservations and/or pre-reservations requested by the user.
Sending the confirmation or documentation of the reservation made.
In the event of giving consent to do so, the sending of commercial communications by MARFOLÍN PLAYA.
WHAT DATA OF THE USER WILL MARFOLÍN PLAYA TREAT?
For the correct provision of services Marfolín playa will treat the following categories of data:
Identification data: name, surname, nationality.
Contact data: e-mail address, telephone number.
Data of transaction of goods and services in MARFOLÍN PLAYA:
Products and services acquired or in which you show interest.
Preferences of stay.
Economic, financial and insurance data.
Other data:data provided by the interested parties themselves in the open fields.
The data requested to the Holder are obligatory for the correct benefit of the services and, therefore, the refusal to provide them will suppose the impossibility of giving the same ones. In those cases in which data that are not compulsory are requested, it will be indicated in the same form.
WHICH IS THE LEGITIMACY OF THE TREATMENT OF THE USER’S DATA?
The legitimacy for the processing of your personal data will be the execution of the contract between the parties. In the case of sending commercial communications, it will be the consent of the owner.
The consents obtained for the above-mentioned purposes are independent, so the user may revoke only one of them without affecting the others.
To revoke this consent, the user may contact MARFOLÍN PLAYA through the following channels: INFO@MARFOLÍNPLAYA.COM
WITH WHICH RECIPIENTS WILL THE USER’S DATA BE SHARED?
User data may be communicated to:
Companies integrated or adhering to Grupo Marfolín Playa, all dedicated to the hotel sector, will need to have access to your data for the correct provision of the selected services. Similarly, your data will be communicated to those entities that own the hotels, so that they know the conditions of your stay (price, dates, services included, …), some of which may be located outside the European Economic Area even in countries that do not offer a level of protection comparable to that of Spain, for the sole purpose of being able to provide you with the services correctly.
Guardia Civil, Local Police and/or other Public Bodies that require it.
CONSERVATION OF DATA
The personal data provided will be kept for the duration of the contractual relationship and, once it is over, for the period of limitation of any legal actions that may arise from it.
In relation to the data for sending commercial communications, the data will be kept as long as the user does not revoke the consent given; however, in case of withdrawing his consent, this will not affect the legality of the processing carried out previously.
PROCESSING OF THIRD PARTY DATA
In the event that the Holder provides, at any time, data from third parties, he states that he has the consent of the same and undertakes to transfer the information contained in this clause, and to inform MARFOLÍN PLAYA of any changes or updates relating thereto
RIGHTS OF THE HOLDERS IN RELATION TO THEIR DATA.
It can exercise, by means of writing directed to the direction of electronic mail INFO@ MARFOLÍNPLAYA.COM with the Reference “Protection of Data”, enclosing photocopy of its document of identity, at any time and of gratuitous way, the following rights:
To revoke the consent granted for the treatment and the communication of its personal data.
To obtain information about the existence or not of the processing of your personal data.
Access your personal data.
Rectify inaccurate or incomplete data.
Request the deletion of your data when, among other reasons, the data are no longer necessary for the purposes they were collected.
Limit the processing of the data when any of the conditions set out in the data protection regulations are met.
In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data.
Request the portability of their data.
Claim before the Spanish Data Protection Agency, through the following address: Calle de Jorge Juan, 6, 28001 Madrid, when they consider that the person responsible has violated their rights under data protection regulations.
5. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER
This section provides information on the processing of your data in relation to pre-booking and online booking.
5.1 MARFOLÍN PLAYA declares that the industrial property rights (brands, commercial names, etc.) that appear in this Web Site are of its property and/or are legitimately exploited by virtue of agreements or licenses of use, being properly protected by the existing Regulation on Industrial Property. The User is obliged to use the Web Site in a diligent, correct and lawful manner and, in particular, agrees to refrain from
To suppress, to elude or to manipulate the copyright, marks and other identification data of the rights of MARFOLÍN PLAYA or of its holders incorporated to the contents and/or products commercialized from the Web Site of MARFOLÍN PLAYA, as well as the technical devices of protection, the digital fingerprints or any mechanism of information that could contain the same ones.
To use the contents and, in particular, the information of MARFOLÍN PLAYA obtained through its Web Site to send publicity, communications with aims of direct sale or with any other class of commercial aim, messages nonrequested directed to a plurality of people.
Reproduce or copy, distribute, allow access to the public through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
In general, to use the contents in a way, for purposes or effects contrary to the law, morality and generally accepted good customs or public order. MARFOLÍN PLAYA does not grant any license or authorization of use of any class on its rights of industrial and intellectual property or on any other property or right related to its Web Site.
5.2 Procedure in case of violation of rights of intellectual property. In the event that any User or third party considers that any of the content has been introduced into its Web Site in violation of their intellectual property rights must send a notification to MARFOLÍN PLAYA with complete and accurate indication of their data and intellectual property rights allegedly infringed, as well as the Website.
6. RIGHT OF MODIFICATION OF THE GENERAL TERMS AND/OR CONDITIONS OF CONTRACT
MARFOLÍN PLAYA reserves the right to modify the present Terms and/or General Conditions of contracting, informing the users of the modifications made through WWW.MARFOLÍNPLAYA.ES
7. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
7.1 MARFOLÍN PLAYA does not guarantee the reliability, availability or continuity of the services made available to the user, so it excludes any liability for damages and / or losses that may be due to the lack of availability, reliability or continuity of its website or its services, although it will try to provide, to the extent of its ability, technical assistance to the person concerned, and try to restore immediately the interruption, making available, to the extent of its ability, alternative means.
7.2 MARFOLÍN PLAYA is not forced to control and does not control with previous character, the absence of virus or elements in the contents, that can produce alterations in the software or hardware of the users or people who visit the pages, reason why it will not respond of the damages and damages of any nature that could derive from such.
7.3 if MARFOLÍN PLAYA, despite acting with the foresight and diligence due, could not provide the rooms contracted for reasons not attributable to them and if there is impossibility of providing the services in the conditions agreed, Marfolín Playa will offer the user the possibility of opting for a full refund of the payment or its replacement by another of similar characteristics in terms of category or quality. if the replacement service is of lower category or quality, nh must refund the difference.
8. SAFEGUARDING OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT
If one of the provisions of these General Terms and/or Conditions of Business is declared null and void or inoperative, the rest of the General Terms or Conditions shall remain in the agreed Terms. MARFOLÍN PLAYA are committed to replace the stipulation affected by the nullity approaching as much as possible the intention initially pursued by the parties.
NO STIPULATION IN THIS CONTRACT WILL AFFECT IN ANY WAY THE IMPERATIVE DISPOSITIONS IN THE MATTER OF CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY WAIVE YOUR RIGHT OF WITHDRAWAL.
9. AND ACCEPTANCE OF RULES OF USE
The user is conscious that the use of the services of the services of Pre-Reservation and Reserve on-line, implies the full acceptance and without reservations of each one of the integral clauses of the Norms of Use of www.marfolínplaya.es, in the version published by MARFOLÍN PLAYA at the same moment in which the user contracts the service. These rules of use complete the present General Terms or Conditions in everything in which they are not opposed. For that reason, the user will have to be conscious of the importance of consulting the norms of the present page, before the access and/or use of these services.
The user/client may submit any type of claim through the form located here:
10. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and/or Conditions are governed by Spanish Law. MARFOLÍN PLAYA and the users, for the resolution of any controversy that could arise, with respect to its validity, execution, fulfillment or resolution, total or partial, they are submitted, with express resignation to their own jurisdiction or any other that, in its case, could correspond to them, to the jurisdiction of the Courts of Puerto del Rosario, Fuerteventura. This contract constitutes the complete and integral expression of the agreement between MARFOLÍN PLAYA and the user, and substitutes all the previous pacts, commitments, manifestations or agreements, so much written as oral, that have existed previously between both.
In all the cases, any controversy that arises from the provision of services in the hotel in which the client is staying will be submitted to the courts of the consumer.
Avenida Los Lagos
El Cotillo 35650
Fuerteventura, Las Palmas
Tel.: +34 686 15 24 58
Tel.: +34 650 359 564