1. IDENTIFICATION OF THE PARTIES
The terms and conditions indicated below regulate access and usage of the URL address www.hotusa.com (hereinafter the PORTAL), owned by HOTUSA HOTELS S.A. (hereinafter HOTUSA HOTELS), whose domicile is HOTUSA HOTELS, c/ Princesa, nº 58, 08003 Barcelona, Spain, with Fiscal Identification Code (C.I.F.) A60156502, entered in the Mercantile Register of Barcelona as follows: Folio 220, Tomo 3385 de Sociedades, Hoja nº 35.787, Inscripción, and the natural person, (hereinafter the USER) who may access the website to obtain information and contract the services offered through the PORTAL. Prior to the contracting, the USER must necessarily read the present Contracting Conditions and accept them, expressly by clicking the button to be found at the foot of the form that reads “I have read and accept the Contracting Conditions”. Should the potential user refuse to accept the present Conditions, he/she should refrain from contracting the services offered by HOTUSA HOTELS.
2. OBJECT OF THE SERVICES OFFERED.
HOTUSA HOTELS offers its services through operation of the website www.hotusa.com (hereinafter the WEBSITE) from which the User is offered services common to the tourist market. For the providing of such services, HOTUSA HOTELS is in possession of all the permits and licenses necessary for exercising its activity. The present general conditions of use regulate the generic use of the Portal, as well as effective contracting of hotel booking services. Nevertheless, the contracting of a concrete reservation will be subject to the specific terms and conditions that are established in each case.
Similarly, the USER agrees to accept and respect the purchase terms and conditions established by any hotel that the USER chooses to contract, including, as a statement and not limited to payment of any amounts accrued and the compliance of any norms and restrictions regarding the availability of rates, products or services. Should special norms or restrictions exist that affect certain rates, products or services selected by the USER, such special norms or restrictions shall be manifested to the USER on screen before proceeding with the booking.
3. PRIOR REQUISITES.
In order to commence the contracting process, the USER must comply with the following requisites that shall not be considered included in the said contracting process: Carry out the search of one or more services by means of the pertinent Browser provided by HOTUSA HOTELS on the WEBSITE and select the product(s) or service(s) of interest to the USER; Accept the present General Conditions offered prior to the commencement of the contracting process and available for downloading and printing on the WEBSITE. Such acceptance shall be effected by clicking on the box indicated, with the text “I have read and accept the purchase conditions”.
4. CONTRACTING PROCESS.
The effecting of the reservations chosen by the USER shall be subject to the particular terms and conditions that the suppliers or organizers of the said products or services have established for each case and which are described in the following clause. The USER likewise agrees to accept and respect these reservation terms and conditions including, as a statement and not limited to, the compliance of any norms and restrictions regarding the availability of rates, products or services.
The USER gives his/her consent by clicking on the “BUY” button that figures at the foot of the page on which the payment details are requested. This confirmation will be sent automatically to HOTUSA HOTELS who will deal with its storage and conservation in order to guarantee the process. Confirmation of the purchase by the supplier of the services will imply in all cases the completing of the contract and the commitment on the part of the client of the pertinent payment of the amounts established. Once such consent is given, a form confirming the purchase will be shown on screen and an e-mail will be sent to the client with the information relating to the purchase.
5. SPECIAL CONDITIONS.
The special conditions for each service, including amongst others, price, modifications, cancellations and other aspects not contemplated in the present General Conditions, shall be ruled by the regulations established by the corresponding services supply companies and may be subject to modification, in respect of which HOTUSA HOTELS in its category as mere intermediary, does not accept any obligation or responsibility whatsoever. The said Special Conditions shall be understood to have been accepted, in compliance with the established norms described in the preceding clause. Should these special conditions not permit any changes or cancellations by the client, he/she shall have no right to reimbursement by HOTUSA HOTELS of any amount paid for the reservation.
6. HOTUSA OBLIGATIONS.
HOTUSA HOTELS is obligated to perform the following actions: to exercise its greatest efforts in the execution of the necessary procedures in order to secure the acquisition made by the USER of the service contracted through the WEBSITE; to make available to the USER the necessary documents for making use of the service contracted; to perform the remaining obligations described in the present General Conditions, in addition to the Special Conditions described in Clause Five.
7. USER OBLIGATIONS.
The USER is obligated to perform the following:
- Payment of the pertinent amounts, including taxes.
- Be personally responsible for the veracity of the data supplied, in addition to corresponding to the User’s identity when he/she declares his/her agreement and effects payment.
-Be responsible for all that could derive from not being in possession of the requisite documents for enjoyment of the contracted service, it being the duty of the User to obtain information regarding the requisites demanded in this context, expressly including those referring to border access to third countries.
- Perform the remaining obligations described in the present General Conditions, in addition to the Special Conditions described in Clause Five.
The parties acknowledge that HOTUSA HOTELS, given its condition as mere intermediary between the service suppliers and the USER, is solely responsible before the same in the terms described in the applicable legislation regarding travel agencies. Likewise, they acknowledge that HOTUSA HOTELS cannot guarantee the complete continuity of the service or the absence of computer viruses in the services rendered through its network that could produce alterations in the programmes or documents stored in its information systems, although HOTUSA HOTELS will exercise its best efforts to avoid the occurrence of such circumstances. HOTUSA HOTELS shall not be responsible for the lack of veracity, inaccuracy or obsolescence of such timetables, prices and other relevant information regarding the services offered through its WEBSITE by its respective suppliers, nor the non-performance or incorrect performance on the part of the same of the obligations derived from the regulations in force and the sales terms and conditions of every reservation contracted through the WEBSITE. If, for causes of force majeure (including, the declaration of but not limited to: political, economic upheavals or instability that affect security), deficiencies are produced in bookings, confirmations and/or the execution of those travel plans or services that are contracted through HOTUSA HOTELS through circumstances that are not foreseeable or are unable to be solved by HOTUSA HOTELS, or even if it should be impossible to perform some of the agreed benefits, the client waives the making any claim against HOTUSA HOTELS and/or the companies belonging to the current or future HOTUSA HOTELS group, in respect of such deficiencies or non-performances, unless the lack of professional diligence on the part of HOTUSA HOTELS can be proved.
9. IMPOSSIBILITY TO PROVIDE A TRUE SIGNATURE
Due to the special characteristics of remote contracting, the USER acknowledges the impossibility of being able to sign the payment voucher, such document being understood as that which is habitually used to formalize conformity of the transaction. For this reason, the USER waives signature of such document for all electronic transactions generated as a consequence of reservations made through the WEBSITE of any of the services offered in the same and manifests conformity by means of the procedure described in Clause Four of the present General Conditions for Contracting.
10. CORRECTION OF ERRORS
HOTUSA HOTELS places at the disposal of its clients the e-mail address firstname.lastname@example.org, to which the USER may send an e-mail if any error is detected in the introduction of data during the contracting process. In such an event, the USER has 24 hours in which to communicate with HOTUSA HOTELS, to count from the time confirmation of the purchase is effected.
HOTUSA HOTELS may modify at any time it is considered necessary the present General Conditions, in addition to the introduction of new clauses. Such modifications must be announced on the home page of the WEBSITE, with advance notice of two (2) weeks and in no case will they affect the contractual relations finalized before such announcement.
12. DATA PROTECTION
Declaration of annulment of any Clause or Clauses of the said General Conditions by the Authority in charge shall not damage the validity of the remaining Clauses. In this case, HOTUSA HOTELS commits to the preparation of a new Clause in substitution of the annulled Clause, as close as possible to the previous text. If substitution is impossible and the annulled Clause be essential to the Contract, in the opinion of the harmed party, that party may choose to finalize the Contract.
14. FINAL. JURISDICTION
With express waiver of the privileges that may correspond, both parties submit to the Jurisdiction and Competence of the Courts and Tribunals of the client’s domicile.
Our hotel classification by stars is done according to the international conventions, it only provides information about the hotel category. The classification used in EUROSTARS HOTELS is done by the own hotels, it has been checked by EUROSTARS HOTELS according with our own validation system and our clients experiences. Additional information and hotel descriptions is also based in the information given by the hotel