In accordance with Act 34/2000 provisions, dated 11 July, relating to Data and E-commerce Society services, and prior to any service, Servigroup informs web site users about procedures and obligations to be carried out in order to make this agreement effective:
A. Users commit to carefully read the content of these terms.
B. To provide personal details and additional essential information for the rendering of this service.
Servigroup with the present Conditions guarantees the full compliance of the regulations concerning Consumers and Users rights, protecting their legitimate interests from the beginning to the end of the agreement process for the products and services provided in this website.
IDENTIFICATION OF THE PARTIES
Firstly, Servigroup Travel S.L. (hereafter Servigroup), address Avda. Europa, 6 . Benidorm, Tax number B-03039120, registered in the Business Register, book 86, sheet 184, section 3, sheet 1.281, is holder of the website https://www.servigroup.com/en/ and https://www.montiboli.com/en/, and makes these sites available to internet users with the aim of promoting information concerning its products and/or services for all the companies belonging to Servigroup, as well as to allow accommodation reservation for the different hotels of the group. Secondly, the User´s identity details are those directly given by him/her when completing the different forms that are provided by Servigroup to access any of the services available within its website, property of Servigroup. Since this process necessarily implies the collection of personal data, Users are held directly and exclusively responsible for the authenticity of the data provided.
PURPOSE OF CONTRACT
The present Conditions regulate the rendering of services, and are aimed at controlling User access and the method of purchasing services and contents provided by Servigroup; setting up the legal framework in which the contractual agreement will be developed.
ACCEPTATION AND AVAILABILITY
The present terms regulate the legal relationship arising from the agreement process made by Users through Servigroup's website. In the version published by Servigroup, Users fully agree to comply with present regulations when contracting services or contents in which they are interested. Thus, Users compromise to carefully read these agreement terms each time they contract any service, given that they may have been modified since they were last viewed.
By accepting the present General Conditions within the agreement process, the User declares:
A. He/She is a person that is legally able to contract.
Prior to starting any agreement process, the User will always have access to the agreement terms and conditions, which can be stored and/or reproduced in a durable support system.
MODIFYING AGREEMENT TERMS
Servigroup reserves the right to modify present conditions should there be any cause or reason to do so; such as those aimed at:
A. Extending the range or number of services available to Users or improving existing ones.
B. Modifying, replacing or updating prices for the services offered through this website.
Users commit to use this website under the provisions stated in the general and particular terms contracted for hotel reservations, according to the relevant regulations, as well as to moral and good customs.
By accepting current conditions, users commit to use this website and the services it provides as explicitly permitted herein. Users may not misuse this website and the services included with purposes opposed to those stated in this legal notice, as well as may not harm third party rights and/or interests or harm in any way this website or prevent its present or future correct working use.
Also, Users may not misuse nor obtain any contents provided in this web site by unlawful and dishonest means, robbery or plagiarism of contents; protected by the Penal Code provisions and statements and by the relevant regulations.
Servigroup reserves the right to refuse access to its website, without prior notice, to any User contravening current general agreement terms.
The User, on his behalf, agrees to not misuse the website's contents, or undertake any action that may harm Servigroup. Thus, the User will prevent from modifying, copying, distributing, publishing, transferring, and/or selling any kind of information concerning this website, property of Servigroup.
A. Cookies and secure environment
Servigroup uses top technological means in their websites to guarantee information protection. Servigroup guarantees that service agreements are done under a secure environment.
Servigroup may not be held responsible for the contents provided in hyperlinks to third parties´ websites. Users are solely liable for risks arising from such website consultations, which are governed by their own terms and conditions and legal notices, from which Servigroup declines any liability.
C. Intellectual and Industrial Property
© Servigroup is holder of the Intellectual and Industrial Property of the elements integrating this website design, as well as brands, trade names or emblems. The following elements have unlimited and particular protected by copyright laws: logo, colour matches, page layout, font type of the website, menus, button icons, HTML code, Java applets, texts, images, graphics, and also any other contents in Servigroup's website.
The User agrees to respect intellectual and industrial property rights of the Platform. Thus, the User may not copy, reproduce, distribute, or put to the public's disposal any of the website's contents, without express written consent of Servigroup.
D. Liability restrictions
The User expressly exonerates Servigroup from all liabilities for direct or indirect damages derived from possible web errors, as well as temporary failure, stoppage, delay or anomalies while accessing the website.
Servigroup commits to taking maximum care in preserving its website from any viruses, Trojans and any element that could harm the computing systems of any User or third party . In any case, the User exonerates Servigroup from all liabilities for direct or indirect damages caused by the eventuality of such harmful or malicious elements.
E. Personal Data Protection
Accessing the site and reserving the services offered, may involve personal data processing. Servigroup considers of great importance the compliance with laws regulating personal data protection and information society services and e-commerce.
Generally, users of this website will not have to provide any personal information. However, in some cases Users may have to provide some personal data in order to access some services. Servigroup guarantees the confidentiality and protection of the personal data provided by users, under the data protection and information society services and e-commerce regulations.
Servigroup meets the current legislation regarding data protection, by adopting all the necessary administrative and technical procedures to guarantee the protection of the data provided.
Thus, Users are aware and agree to provide personal data for Servigroup's automated files registered with the General Data Protection Registry. Users also agree to their personal data being automatically processed, as a result of website queries, applications or agreements for any kind of service; or as a result of any transaction or operation made on Servigroup's website to obtain information and services; and during the maintenance of the contractual relationship and when mailing offers or promotional communications.
Moreover, the User expressly allows his/her personal data to be transferred to other companies integrated in Servigroup, only for the purposes stated in the above paragraph that are under the restrictions governed by Personal Data Protection Organic Law. For further information about the identity of the companies integrated in Servigroup consult the following URL: https://www.servigroup.com/en/about-us/
The User states that all data provided by him/her is correct and accurate, and commits to inform Servigroup about any possible changes. The User can exert his/her right to be opposed to the processing of any data that it is not essential for the purpose of this agreement and to its use in any means other than those set forth in this agreement.
Moreover, and in accordance with Law 34/2002 relating to Data and E-commerce Society services, Servigroup will send offers and promotional and publicity communications to the e-mail address provided by the user, via e-mail or via any other similar electronic means to those
Users that have expressly consented it. Users may cancel this type of communications just by following the instructions set forth at the bottom of all our e-mails or by written notice to the following e-mail address:
RIGHTS AND OBLIGATIONS OF THE PARTIES
A. Servigroup obligations
Servigroup commits to comply with the following agreement obligations arising from the business relationship with the User, resulting from the services contracted by him/her:
Provide maximum guarantees to Users for the services contracted under the disposition of the agreed terms, always acting in good faith.
Expressly inform the User prior to any agreement process about the existence of present terms.
Inform Users prior to the agreement in a clear, precise and accurate way, about the specific features of the requested services, such as price list and corresponding taxes.
Put at User's disposal a copy of general terms and conditions text.
Validate via e-mail the successful completion of the agreement and confirm the reservation by providing a customer number in a period of time not exceeding 24 hours from the moment the User accepts the agreement terms.
B. User obligations
On his behalf, the User compromises to:
Fully comply with the present terms concerning the services offered by Servigroup.
Complete the registering forms prior to beginning the agreement process providing true and updated information.
Provide the correct bank data requested by Servigroup.
Prevent from sending messages that could obstruct in any way the normal functioning of the service. In any case the User will be held solely responsible for the content of the messages he writes or sends, as well as for the data provided.
Pay for the services hired. Any claim or complaint submitted will not exempt User from complying with this obligation.
Meet individual hotel regulations for the services rendered.
Follow hygiene, politeness and good manner regulations, towards the rest of users and the staff of the hotel rendering the service.
C. Rights of Users:
All the information provided to customers will be binding for the supplier, under the terms set forth in current legislation.
All users of the services hired, have the right for goods and services purchased to meet legal rating and requirements hired, and/or to meet the corresponding hotel rating quality.
All establishments have the duty to have a complaints book at customers' disposal in order to make any complaints. If you wish to make a complaint, please ask for these sheets, fill in your personal details and explain the reason for your complaint.
METHOD OF PAYMENT AND RATES
The rates and price lists that will be applied when a User hires a service, will be those shown on the website property of Servigroup, the moment that the User retrieves a specific service and initiates the agreement process.
Generally, the price of the reservation exclusively includes: accommodation only, accommodation and breakfast, accommodation and half board, or accommodation and full board, according what is indicated on the reservation.
Availability and rates or gratuities for special services such as: cot requests, and the like, that are not included in total price of the on-line booking, will be pending upon confirmation of Servigroup.
Servigroup reserves the right to modify the rates whenever it is considered necessary.
To confirm an on-line reservation, the User must enter the details of a credit card. Servigroup WILL NOT make any charges to the credit card provided, it will only be used to guarantee the booking. The payment for the reservation will be made directly at the hotel on arrival. Any method of payment accepted by the hotel may be used.
Offers will only be valid during the periods stated by Servigroups publicity, or otherwise, whilst Users have access and are able to contract them.
Reservations total price include V.A.T, except when expressly indicated.
Any other fee or tax affecting the total price will be paid additionally at the hotel.
When the user makes a reservation, a confirmation voucher is sent to the e-mail address provided. The user can either instantly print it when the reservation is completed on our website; or otherwise wait to print the confirmation e-mail automatically sent. This confirmation voucher informs the user about all the on-line booking details contracted, including the price.
Providing the confirmation voucher on arrival at the hotel is not obligatory; but it is recommended to speed the check-in process. However, if the User fails to present the confirmation voucher, by providing his/her identity card or passport will be sufficient, as long as the details provided coincide with the ones included in the on-line booking.
As a general rule and unless otherwise agreed, rooms will be allocated from 4 p.m. on the selected arrival date and must be vacated before 12 p.m. on the departure date. In the instance that the User will arrive later than the stated check-in time, it is recommended that the User, as soon as possible, contacts the hotel or the Reservation Centre (Telf. 0845 094 2449); the User's personal details and booking number will be required.
RESERVATION MODIFICATION AND CANCELLATION
Confirmed bookings, may be cancelled on https://www.montiboli.com/en/ from the Consult Booking link found within the Tariffs and Booking section. In this section the User must enter the number of the booking to be cancelled and the e-mail address indicated when the reservation was completed. All the booking's details will be shown, allowing their cancellation. The user will receive a confirmation e-mail with the cancellation.
Reservations may also be modified or cancelled by contacting our Reservation Centre via e-mail
, telephone 0845 094 2449 or fax +34 965 85 89 62; the User's personal details and booking number will be required. Or otherwise by getting in touch with the hotel directly on the contact details provided on the confirmation voucher.
Bookings made on the web page or directly with the hotel can be modified and cancelled up to 24 hours before arrival date. Booking modifications and cancellations on behalf of the user will not incur any costs, as long as they are made up to 24 hours before arrival date indicated on the reservation.
Guests who fail to cancel or do "not show" on the selected arrival date, will incur a cancellation charge equivalent to the first night's stay, to the credit card provided when the reservation was made. Additionally, the rest of the stay will be annulled. The incurred bank costs due to the booking's cancellation will be included and thus paid by the User. In all instances the relevant invoice will be sent to the provided contact details.
PERIOD OF VALIDITY FOR PRESENT TERMS
The present terms will be valid during the full time published on the website, and will be applied to those services hired whilst these conditions were available.
In any case, Servigroup reserves the right to modify terms unilaterally, that will not affect the services hired by users prior to modification; except in the instance that the User changes or modifies the service hired, in this case the conditions that will be applied will be those in force when the User changed and/or modified the reservation.
NULLITY AND INEFFICIENCY OF THE CLAUSES
Should any of the clauses provided within this terms be declared totally or partially null or inefficient, such nullity would only involve null or inefficient provisions or part of them, but it would not extend to the remaining provisions.
User agrees that the legislation to be applied during the provision of this service will be the Spanish one and it will be submitted to Alicante Court of Justice and Jurisdiction in order to solve disputes arising from interpretation and application of the present agreement.
ACTION GUIDE FOR INCIDENTS RELATED TO COVID-19
As required by the regulations approved by the General Director of Public Health from the Ministry of Health, in the Guide to action in tourist accommodation in the Valencian Community in the event of incidents related to COVID-19, we inform you of the following:
1. You have the possibility, in the event that you pass a PCR test, to request the transfer to a medicalized tourist establishment, which will be carried out by the Public Health Service, unless you have private health insurance that covers it, for which purpose we request that you inform us in advance.
2. In the event of not requesting the aforementioned transfer and had to stay in the establishment in the conditions required by the regulations and / or for longer than the time contracted for your accommodation, we inform you that in compliance with the provisions of the indicated Guide:
a. The Hotel will have spaces for clients, with a confirmed positive diagnosis, who must follow the isolation period, with a separate room for accompanying persons until the quarantine is completed.
b. If the client and their companions do not have insurance to cover them, the Hotel will pass on to them the additional cost, that is in compliance to the contracted price, in any case and time that they must remain in the establishment for the quarantine that is determined.
3. You can request public health that, if the circumstances do not prevent it, allow you to travel to your home, in private transport and being the only occupant of the row in which you are located, the wearing of masks will be compulsory for the other occupants. Of course, you can also request this displacement by other means that guarantee your safety and that of other people.
4. The Hotel is obliged, to avoid incurring sanctioning responsibilities, to report to the Public Health Department any infraction or non-compliance with the measures established with regards to the quarantine rules to those clients who test positive in the PCR test.