On the website "www.palaciodesamaniego.com", Samaniego Luxury Resort a Company under Spanish law, whose registered office is located at 01307 Samaniego (Alava), Calle Constitucion number 12, España, and with tax identification number B95984431, sells accommodation services at the PALACIO DE SAMANIEGO hotel.
Thus, these General Terms and Conditions of Accommodation (hereinafter “the General Terms and Conditions”) apply to any room reservation within the PALACIO DE SAMANIEGO hotel, carried out on the website “ www.palaciodesamaniego.com” (hereinafter the “Website”), by consumers or by professionals (hereinafter referred to as “the Client(s)” in the case of both consumer and professional clients),
These contractual conditions have been drafted on the basis of RDL 1/2007 of 16 November and its amendments, in relation to consumer and user legislation, as well as Law 7/1998 of 13 April on the general terms and conditions governing them.
The Client declares that they have read the General Terms and Conditions before making the reservation. Validation of a reservation therefore constitutes acceptance without restriction or reservation of the General Terms and Conditions. The Client declares that they have the full legal capacity to enter into contracts enabling them to enter into a commitment under the General Terms and Conditions.
Article 1 - Purpose
The General Terms and Conditions define the rights and obligations of the parties in connection with the online reservation of rooms at the PALACIO DE SAMANIEGO hotel.
Article 2 - Scope of application
The General Terms and Conditions apply to any room reservation at the PALACIO DE SAMANIEGO hotel, made on the Website, by a Client.
The Client must confirm their agreement with all the General Terms and Conditions by ticking a box provided for this purpose on the reservation form on the Website, prior to the validation of their reservation.
The General Terms and Conditions may be retained by the Client by saving a digital copy, and they may also be printed.
The General Terms and Conditions apply for as long as they are available on the Website. They may be subject to amendments. The applicable conditions are those in force on the Website at the time of making the reservation. The date on which the General Terms and Conditions are posted online shall be the effective date of said General Terms and Conditions.
Articles 3 - Reservation process and conditions
The reservation process includes the following steps: • Selecting the reservation form (which is available in French, English and Spanish): you can choose the language and currency;
• Entering the dates of stay and the number of persons on the reservation form; • Consulting and selecting the room/rooms from amongst our offers. Please note, in the event of prolonged inactivity during the reservation process, it is possible that the chosen accommodation offer will no longer be available.
• Entering personal details and bank details. At this stage, the Client has the opportunity to check the details of the selected offer, including the total price, and the booking and cancellation conditions, before finalising the reservation.
• The bank details are recorded as a guarantee in order to validate the reservation and for payment of the advance payment made at the time of the reservation, as well as for the withdrawal of the balance of the price at the end of the cancellation period;
• The Client acknowledges having read and accepts the General Terms and Conditions by ticking the box provided for this purpose, prior to the validation of their reservation. The Client also accepts the Personal Data Protection Policy and the use of cookies by the PALACIO DE SAMANIEGO hotel, by ticking the box provided for this purpose. The Client also has the opportunity to agree to receive information about new developments and special events at the PALACIO DE SAMANIEGO hotel via a newsletter, by ticking the box provided for this purpose;
• Validating the reservation by clicking on the “Finalise your reservation” button. The validation of the reservation entails the payment of a deposit corresponding to 50% of the total price of the stay, unless there are any special conditions, which will be specified in the offer and at the time of payment. Validation of the reservation shall also result in the Client's consent to the deduction of the balance of the price at the end of the cancellation period. By accepting the clauses of the General Terms and Conditions, the Client declares and accepts:
• That they have the legal age and legal capacity required to make the reservation, and declares that they have understood all the General Terms and Conditions appearing on the website.
• That the data provided when making the online reservation is true, complete and concise.
• That only the pages appearing on the site map shall constitute the website.
• That access to this website is the responsibility of the Client.
• That once the reservation has been made, the Client shall receive an electronic confirmation document that said Client can access at any time.
• That the Client confirms the reservation, i.e. the dates indicated, the number of rooms, the number of persons and the hotel selected.
• That the conditions and price of the reservation are those expressly determined under the pricing conditions and appear on the page on which the Client makes the reservation.
• With regard to the relationship with the reservation portal, said portal offers the possibility to reserve rooms at the selected hotel via its website but it does not offer any type of hotel service.
• Your card data is collected for the purpose of guaranteeing the reservation. Payment of the reservation will be made at the selected hotel. It is only in the event of cancellation or non-appearance that the reservation will be cancelled and the corresponding fees indicated in the pricing conditions will be charged.
• Offers will only be valid during the period when they remain accessible to users of the service.
Article 4 - Reservation acknowledgement
From the moment the Client has validated the reservation, the Client will immediately receive a summary confirmation of the reservation, sent electronically.
Article 5 – Reservation and cancellation conditions
Below you will find the conditions for reserving and cancelling our “standard” offers during the low season (period determined by the Hotel according to the Spanish calendar) and in high season (period determined by the Hotel according to the Spanish calendar).
Reservation and cancellation conditions that are different from those set out in this article may be provided for our special offers and rates, and notably for our non-cancellable and non-refundable special offers. These conditions will be specified in the detail of the offer and during the validation of the reservation.
Article 5.1 – Reservation and cancellation conditions
•Low season (period determined by the Hotel according to the Spanish calendar):
If the reservation takes place more than fifteen days before the start date of the stay, the Client shall pay – at the time of making the reservation – an advance payment corresponding to 50% of the total price of the stay, including taxes and service charges, excluding the tourist tax. The Client shall pay the balance of the price fifteen days before the start date of the stay.
If the reservation takes place less than fifteen days before the start date of the stay, the full price of the stay shall be paid at the time of making the reservation. Any cancellation of the reservation must be notified before 6 p.m. (Samaniego local time) by calling the following number +3495660000 and/or by email at reservas@palaciodesamaniego.com, no later than 15 days before the expected arrival date. If these conditions are met, the Client will be refunded the deposit paid to guarantee the reservation and also the balance of the price, if this has already been paid by the Client. In the event of cancellation less than fifteen days before the arrival date, the entire amount of the reservation – including the advance payment and the balance of the price – shall be due and invoiced, and all amounts paid shall be retained. Similarly, in the absence of cancellation and in the event of the Client's failure to appear, the entire amount of the reservation – including the advance payment and the balance of the price – shall be due and invoiced, and all amounts paid shall be retained. •High season (period determined by the Hotel according to the Spanish calendar):
If the reservation takes place more than thirty days before the start date of the stay, the Client shall pay – at the time of making the reservation – an advance payment corresponding to 50% of the total price of the stay, including taxes and service charges, excluding the tourist tax. The Client shall pay the balance of the price thirty days before the start date of the stay.
If the reservation takes place less than thirty days before the start date of the stay, the full price of the stay shall be paid at the time of making the reservation. Any cancellation of the reservation must be notified before 6 p.m. (Samaniego local time) by calling the following number +3495660000 and/or by email at reservas@palaciodesamaniego.com, no later than thirty days before the expected arrival date. If these conditions are met, the Client will be refunded the deposit paid to guarantee the reservation and also the balance of the price, if this has already been paid by the Client. In the event of cancellation less than thirty days before the arrival date, the entire amount of the reservation – including the advance payment and the balance of the price – shall be due and invoiced, and all amounts paid shall be retained. Similarly, in the absence of cancellation and in the event of the Client's failure to appear, the entire amount of the reservation – including the advance payment and the balance of the price – shall be due and invoiced, and all amounts paid shall be retained.
Article 5.2 – Modification of the reservation
•Low season (period determined by the Hotel according to the Spanish calendar):
Any modification of the reservation must be notified before 6 p.m. (Samaniego local time) by calling the following number +3495660000 and/or by email at reservas@palaciodesamaniego.com, no later than thirty days before the expected arrival date. Acceptance of the modification will be made at the discretion of Samaniego Luxury Resort, depending on the availability of the rooms. In the event that the stay is shortened or the dates are changed by the Client, less than fifteen days before the arrival date, Samaniego Luxury Resort may invoice the Client for the total amount of the stay as compensation should the Samaniego Luxury Resort be unable to resell the room to another client. For any other modification request made within 15 days of the arrival date, acceptance of the modification will be made at the discretion of Samaniego Luxury Resort, depending on the availability of rooms.
• High season (period determined by the Hotel according to the Spanish calendar):
Any modification of the reservation must be notified before 6 p.m. (Samaniego local time) by calling the following number +3495660000 and/or by email at reservas@palaciodesamaniego.com, no later than thirty days before the expected arrival date. Acceptance of the modification will be made at the discretion of Samaniego Luxury Resort, depending on the availability of the rooms.In the event that the stay is shortened or the dates are changed by the Client, less than thirty days before the arrival date, Samaniego Luxury Resort may invoice the Client for the total amount of the stay as compensation should the Samaniego Luxury Resort be unable to resell the room to another client. For any other modification request made within thirty days of the arrival date, acceptance of the modification will be made at the discretion of Samaniego Luxury Resort, depending on the availability of rooms.
•Special offers and prices For special offers and rates, the conditions for modification of the reservation may be different from those set out in this article. These conditions will be specified in the detail of the offer and upon validation of the reservation.
Article 6 – Prix
The quoted price only includes the reservation of the rooms.
The rate is the price per night, depending on the type of room and board chosen, with the exception of hotels where the inclusion of other services is specifically indicated. The price does not include unspecified services or extras such as transfers, tips, telephone calls, laundry services, minibar services, parking, etc. which will be reserved and invoiced separately.
The prices indicated are retail prices with VAT included. The price of the rooms/night indicated includes all taxes, excluding tourist tax, in the chosen currency. The tourist tax is to be paid, in addition, on site.
Article 7 – Terms of payment
The Client shall provide their bank details as a guarantee of the reservation and for payment of the deposit, except for special conditions or rates, by bank card or credit card (Visa, MasterCard or American Express, etc.) by indicating directly in the space provided for this purpose (secure SSL encryption) the card number and its validity date (it is specified that the bank card used must be valid at the time of stay) and the visual cryptogram.
On the day of arrival at the PALACIO DE SAMANIEGO hotel, the Client must present the bank card or credit card which was used to guarantee the reservation or make the payment. Proof of ID may also be requested for the purpose of preventing bank card fraud.
Payment of the deposit is made online when making the reservation.
If the Client wishes to use another means of payment, they must make the request by leaving a message in the “specific requests” box provided for this purpose on the reservation form.
The balance of the payment shall be paid at the end of the cancellation period, by debiting a bank card or credit card.
By way of exception, certain special offers and rates provide for prepayment of the full price when making the reservation.
Article 8 – Conditions of stay
All Clients (including children), without exception, must have their corresponding identity documents and family documents, whether this be their passport or identity document, in accordance with applicable legislation. Clients will be responsible for these documents when travelling and will also be responsible for obtaining visas, passports, vaccination certificates, etc.
Minors under the age of 18 must have written authorization signed by their parents or guardians, as any authority may request said authorization from them. If a visa is not granted by an authority for reasons attributable to the Client, or if the Client is refused entry to the country because they do not have the required documents, or if said documents have expired, or if the Client has not provided said documents, the hotel shall not be liable for such acts. The Client shall be liable for all costs that may arise, and the conditions established for Clients who fail to arrive at the hotel shall be applicable under these circumstances.
The personal data collected under the policy form shall be retained for the period established by law. This data collection is carried out for the purpose of preventing public order offences, for criminal investigations and for investigating persons of interest. In this context, they may, at their request, be transferred to the police and gendarmerie units.
Rooms must be vacated before 12 p.m. You must contact reception regarding late check-out.
We will do everything possible to ensure that the rooms are ready as soon as possible. However, they will only be available from 4 p.m.
In addition, we should inform us if your arrival will be after 6 p.m. by contacting us by telephone at the following number +3495660000 or by e-mail at the following address: reservas@palaciodesamaniego.com.
Article 9 – Guarantee
With regard to the guarantees for consumers and/or users, and since the establishment is located in Alava - Basque Country, the laws of both territories shall be taken into account, and it is specified that there are CLIENT CLAIM FORMS that are available to Clients.
Article 10 – Liability
Although Samaniego Luxury Resort is making best efforts to ensure that the photographs of the Website reflect as closely as possible the accommodation services offered, these photographs have no contractual value. Changes may occur, therefore, due renovation or changes to the furniture. The liability of Samaniego Luxury Resort shall, under no circumstances whatsoever, be incurred in the event of minor variations. Samaniego Luxury Resort shall not be held liable for the non-performance or poor execution of the reservation in case of force majeure due to a third party, a partner of Samaniego Luxury Resort, the Client , and in particular in the event of unavailability of the Internet network, inability to access the Website, external interference or computer viruses.
Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Client shall result in the cancellation of the reservation at the Client's expense, without prejudice to any civil or criminal action against the Client. Samaniego Luxury Resort assumes no liability in the event of theft, loss or damage to Clients' belongings during their stay.
Article 11 – Claims/Customer Services
For any information or claim relating to the General Terms and Conditions and accommodation services, Clients should contact Samaniego Luxury Resort's Customer Service Department at the following number +3495660000 and/or the following email address: reservas@palaciodesamaniego.com quoting, if applicable, their reservation number.
Article 12 – Relocation
In the event of an exceptional event or inability to make the room reserved available to the Client or in cases of force majeure, PALACIO DE SAMANIEGO hotel shall offer the Client alternative accommodation in a hotel of at least an equivalent category or, if in a hotel of a lower category, a room of a higher level than that originally reserved, for services of the same kind. Any additional costs associated with this relocation, for services of the same nature, shall be borne by Samaniego Luxury Resort without it being liable to pay any additional compensation. In the exceptional case where the hotel cannot find equivalent alternative accommodation, as detailed above, excluding cases of force majeure, Samaniego Luxury Resort shall cancel the reservation and return to the Client double the amount of the deposit and the balance of the price, if the latter has already been paid.
Article 13 – Respect of privacy – personal data
Regarding Samaniego Luxury Resort's compliance with applicable regulations on the protection of personal data in connection with the collection and processing of Clients' personal data collected in the reservation form, we refer you to the “Personal Data Protection and Cookies Policy of the PALACIO DE SAMANIEGO hotel”.
Article 14 – Intellectual Property Rights
The reproduction of all elements comprising the offers of the PALACIO DE SAMANIEGO hotel present on the Website for information purposes (e.g. by printing a page containing the details of an offer) is permitted, provided that this is for strictly personal and private use. However, any reproduction and, in general, any use of copies of the elements comprising the offers of the PALACIO DE SAMANIEGO hotel present on the Website, for other purposes are strictly prohibited, except with the prior written consent of Samaniego Luxury Resort. In respect of the intellectual property rights held by Samaniego Luxury Resort for the elements of the Website, we refer you to the provisions of article 3 entitled “Intellectual Property Rights” of the General Terms and Conditions of Use of the Website.
Article 15 – Force majeure
The performance by Samaniego Luxury Resort of all or part of its obligations shall be suspended in the event of an event of force majeure which would hinder or delay performance of said obligations. Force majeure means any event beyond the control of Samaniego Luxury Resort, which could not reasonably be expected at the time of the reservation and the effects of which cannot be avoided by appropriate measures. Samaniego Luxury Resort shall inform the Client of the occurrence of a force majeure event within eight (8) days of its occurrence. If the suspension of the obligations continues beyond fifteen (15) days, the Client or Samaniego Luxury Resort would then have the opportunity to cancel the current reservation and the Client will be reimbursed.
Article 16 – Agreement of proof
The entry of the required banking information, as well as the acceptance of the General Terms and Conditions and the validation of the reservation, constitutes the acceptance of the hotel contract between the parties, and which shall have the same value as a handwritten signature.
Article 17 – Applicable law – Dispute resolution – Mediation
The General Terms and Conditions of the reservation are governed by Spanish law. In the event of a dispute, the Spanish language reservation form shall prevail. In the event of any dispute relating to these General Terms and Conditions or any dispute arising therefrom, the Client shall send their complaints in writing to Samaniego Luxury Resort’s Customer Services department, by registered letter with acknowledgement of receipt, at 01307 Samaniego (Alava), Calle Constitucion number 12, Espana. In the event that there is no response to the complaint or in the event of an unsuccessful complaint, within three (3) months from the date of receipt, the Client shall have the opportunity to contact the consumer ombudsman “Kontsumobide-Instituto Vasco de Consumo”, free of charge, regarding Samaniego Luxury Resort. The mediator shall attempt, with complete independence and impartiality, to bring the parties closer to an amicable solution. The Client remains free to initiate, accept or refuse recourse to mediation. In the event of recourse to mediation, the parties shall remain free to accept or refuse the solution proposed by the ombudsman. In the event of failure of mediation or any other means of out-of-court resolution, the dispute shall be referred to the jurisdiction of the competent Spanish courts, appointed in accordance with Spanish rules of procedure.