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The purpose of this document is to regulate the GENERAL TERMS or CONDITIONS OF PROCUREMENT of the Pre-booking and Online Booking services (hereafter, and interchangeably, ‘Pre-booking’ and ‘Online Booking’ services, or ‘services’) of MINOR HOTELS EUROPE & AMERICAS, S.A., with registered offices in Madrid, C/ Santa Engracia nº 120, established by Public Deed executed before Dr. José Falp, Notary Public of Barcelona, on 23 December 1981, inscribed in the Mercantile Register of Madrid, Volume 576 General, 176 of Section 3a, , Sheet 34, Page 1467, and Tax ID number A-28.027.944. (hereafter, ‘MHEA’), Tel. 91 451 97 35 and Fax 91 451 97 89. The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access www.nh-hotels.com or use its services.
The use of these services implies full and unconditional acceptance and validity of each and all the General Terms and/or Conditions – which are deemed to be automatically incorporated into the contract concluded with NH, without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.
2.1. Pre-booking Services
The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of a room in their preferred hotel or city. Before booking confirmation, the user is aware of the existence of some restrictions which are applicable in the selected hotel in relation to some services which may not be available during their stay or regarding the restricted use of some areas of the hotel. The user has previously known them. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE NH HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION AND SUBSEQUENT PAYMENT BY THE USER. The user must verify the booking confirmation and notify NH of any error immediately in writing.
2.2. Online Booking Services
a. The purpose of the Online Booking services is for the reservation of a room in any NH hotel. THE USE OF THESE SERVICES IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND/OR CONDITIONS – WHICH ARE DEEMED TO BE AUTOMATICALLY INCORPORATED INTO THE CONTRACT CONCLUDED WITH NH, WITHOUT THE NEED FOR YOUR WRITTEN TRANSCRIPTION IN THE SAME – INCLUDED IN THE LATEST VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS.
b. Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their purchase order is in the process of being confirmed. If you are a customer, once the corresponding debit for your reservation has been made, you will receive an email confirming this; this email serves as proof of your booking. The name on the credit card used to book has to correspond to the guest staying at the property. The credit card used to book will be requested on arrival to verify that the details given are correct. The credit card holder must be present at this time.
c. Guarantee: The booking is confirmed and guaranteed overnight with a credit card. In the event of a no-show without prior notice, the first night will be charged (including VAT and taxes). The hotel reserves the right to check the validity of the card prior to the client’s arrival at the hotel, by making a pre-authorization or charging a certain amount, which will never exceed the equivalent of the first night of the reservation. In both cases, such transactions shall be reversed on the same day. The release or refund period depends on the card issuer exclusively so the hotel has no responsibility for any eventual delay on that. For clarification purposes, a pre-authorization temporarily retains or “freezes” a specific amount in the client’s bank account in order to check the validity of the card and/or the existence of funds. If the above transactions cannot be processed, it shall be deemed as the credit card is not valid. In this case, it may result in the automatic cancellation of the reservation.
d. Termination of the contract or cancellation of the booking: The credit card is solely a means of guarantee. Cancellation of the booking by the user will not incur any charges for advance cancellation, provided that this is done prior to the specified deadline in each country (local time at the hotel) on the day of arrival. Once this threshold has passed, NH will make a cancellation charge as compensation, which will amount to the cost of the first night (including VAT and taxes), with the exception of hotels in Germany, where 10% of the stay may be refunded as compensation for expenses not incurred.
This clause does not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.
The arrival times at the hotel in each country are:
e. CANCELLATION COSTS IN RESORT HOTELS No charge will be made to your credit card if cancellation is made more than 48 hours prior to the day of arrival at the hotel (local time at the hotel). If cancellation is made during the 48 hours prior to arrival, 50% of the total cost of the booking will be charged to your credit card In the event of a client no-show without prior notice, 100% of the total cost of the booking will be charged, with the exception of hotels in Germany, where 10% of the stay may be refunded as compensation for expenses not incurred.
These clauses do not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.
The above applies to the following hotel:
f. NH Resorts Policies for children
NH RESORTS (Caribbean): Policies for children in all our resort hotels are subject to the facilities of the hotel and are determined by the hotel management, as described in existing contracts.
NH RESORTS(Europe): Policies for children in all our resort hotels are subject to the facilities of the hotel and are determined by the hotel management, as described in existing contracts. Where applicable, NH policies for children apply only in hotels which do not offer half board or full board.
g. Policy on minors.
Minors under the age of 18 staying in the Hotel must be accompanied by their parents, teachers or other duly authorized adults. Hotel staff may require relevant documentation identifying adults as parents/teachers of authorized persons. Different underage limits may be established and determined by local legislations.
h. Prices per room and night.
Prices are valid only in writing and for the period specified. NH reserves the right to modify these prices without prior notice where there are justifiable reasons.
Prices relating to the booking will be indicated during the booking process. VAT is applicable on these prices without prejudice to local taxes also being applied in accordance with existing local regulations in each country. These local taxes must be paid directly in the hotel.
The hotel reserves the right to charge a deposit at check-in in your credit card, to cover any charges (including incidental) incurred by you or any damage you cause whilst staying at the hotel. Time of the release of the funds is controlled by your bank. For more information contact the hotel.
i. Prices shown at the time of booking include VAT (or equivalent tax) according to the applicable rate at the time.
In the event that the applicable rate changes between the date of the booking and the date of services being provided, creating a disparity, in accordance with the applicable regulations, the applicable price shall be that which corresponds to the time of delivery of services or to the accrual of the tax, even where this will incur an increase to the final price indicated to the client during the booking process.
2.3. The user undertakes to use the services in accordance with the Law, moral standards, good customs and public order, as well as that which is stipulated in these General Terms and/or Conditions of procurement. Consequently, the user is obliged not to use the services for illicit purposes or effects and/or contrary to what is set out in these General Terms and/or Conditions of procurement, detrimental to the rights and interests of third parties or which could, in any way, damage the services, NH and/or its image.
2.4 NH shall, for increased agility and for the benefit of its users, be able to unilaterally modify at at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – NH's ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via the following email address: protecciondedatos@nh-hotels.com
For users who opt to use the “ONLINE CHECK-OUT” process, the following Particular Conditions will apply when checking out of the room they have reserved at the NH hotel:
3.1 How the Online Check-out Process Works
a. This process allows users to check out of their room without having to personally go to the reception area of the NH hotel to check out.
b. The Check-out process operates in the following way:
This section gives information on data processing as it relates to making reservations and pre-reservations.
You are advised that data provided by account holders will be processed by NH for the following purposes:
For correct service provision, NH will process the following categories of data:
The data requested from the Member are mandatory for correct service provision and, not providing them will mean the services cannot be provided. When the data requested is not mandatory, this will be noted on the form.
If the user provides data on third parties, they declare that they have their consent and commit to providing them with the information in the Privacy Policy, thereby exempting MHEA of any liability in this regard. However, MHEA may make periodic checks to confirm this, using appropriate due diligence, in accordance with data protection regulations.
The justification for processing your personal data will be the performance of the contract between the parties. For sending commercial communications, it will be members’ consent.
Consents obtained for the aforementioned purposes are separate and the user may revoke only one without affecting the others.
To revoke this consent, the User may contact MHEA by the following methods: protecciondedatos@nh-hotels.com
Please be advised that your data will be transferred to third parties located outside the European Economic Area, specifically, the USA, India and the Philippines. It will be transferred as a result of the services provided by the company Accenture to MHEA in terms of the back office management connected to the company’s invoicing. In this regard, please be advised that the company is regulated by means of contractual clauses approved in advance by the AEPD.
The personal data provided will be stored throughout the contractual relationship, and after termination of the same, for the limitation period for legal actions that could result from it.
If the Member, at any time, provides data on third parties, they declare that they have their consent and commit to providing them with the information in this clause, and advising NH of any change or update to the same.
By writing an email to protecciondedatos@nh-hotels.com with the reference “Data Protection”, attaching a copy of your identity document, you may, at any time and free of charge, exercise the following rights:
The data subject may contact the Data Protection Officer of the Data Controller:
5.1 NH declares that the industrial property rights (Brands, Trade names, etc.) which appear in this Website are owned by them and/or are legitimately exploited under agreements or user licences, and are duly protected by current Legislation on Industrial Property. The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from:
(a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of NH or its titleholders incorporated into the contents and/or products marketed from the NH Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same.
(b) Using the contents and, in particular, information about NH obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people.
(c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorisation has been obtained from the titleholder of the corresponding rights or it is legally permitted.
(d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. NH grants no licence or authorisation of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website.
5.2. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify NH of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.
NH reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via www.nh-hotels.com.
7.1 NH DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THUS EXCLUDING ANY LIABILITY FOR DAMAGES WHICH MAY ARISE OWING TO A LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES, ALTHOUGH IT WILL TRY TO FACILITATE, TO THE EXTENT OF ITS CAPABILITIES, TECHNICAL SUPPORT FOR THE PERSON AFFECTED, AND WILL TRY TO IMMEDIATELY RECTIFY THE BREAK IN SERVICES, PUTTING INTO PLACE, TO THE EXTENT OF ITS CAPABILITIES, ALTERNATIVE MEANS.
7.2 NH DOES NOT UNDERTAKE TO CONTROL AND DOES NOT HAVE ANY PRIOR CONTROL OVER VIRUSES OR ELEMENTS IN ITS CONTENTS WHICH MAY ALTER THE SOFTWARE OR HARDWARE OF THE USER OR OF PERSONS VISITING THE WEB PAGES AND WILL THEREFORE NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH MAY ARISE FROM THE SAME.
7.3 IF, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, NH IS UNABLE TO PROVIDE THE CONTRACTED ROOMS FOR REASONS WHICH ARE NOT ATTRIBUTABLE TO IT AND IF IT IS IMPOSSIBLE TO OFFER THE SERVICES UNDER THE CONDITIONS AGREED, NH SHALL OFFER THE USER THE OPTION OF A COMPLETE REFUND OF THEIR PAYMENT OR SUBSTITUTION FOR SOMETHING SIMILAR IN NATURE IN TERMS OF CATEGORY OR QUALITY. IF DUE TO SUBSTITUTION THE SERVICE IS OF AN INFERIOR CATEGORY OR QUALITY, NH MUST REFUND THE DIFFERENCE.
Should one of the stipulations of these General Terms and/or Conditions of procurement be declared null and non-operational, the rest of the General Terms and Conditions will be retained in the agreed Terms. NH undertakes to substitute the stipulation affected by the nullity, bringing it into line as far as possible with the intention originally sought by the parties.
NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.
The user is aware that use of the Pre-booking and online Booking services assumes full and unconditional acceptance of each of the clauses that make up the Terms of Use of www.nh-hotels.com, in the version published by NH at the time that the user contracts the service. These terms of use complete these General Terms and Conditions in all issues which are not contrary to them. Thus, the user must be aware of the importance of referring to the terms of this page prior to accessing and/or using these services.
The user/client can file any type of complaint using the form located here: https://www.nh-hotels.com/contact/customer-attention
These General Terms and/or Conditions of procurement are governed by Spanish Law. For the resolution of any dispute arising with respect to its validity, execution, fulfilment or resolution, either total or partial, NH and the users expressly waive their own jurisdiction or any other which, if appropriate, may apply to them and submit to the competence of the Courts and Tribunals of Madrid. This contract constitutes the full and complete expression of the agreement between NH and the user and replaces all previous pacts, undertakings, statements or agreements, either written or oral, which may have existed previously between both.
In all cases, any dispute arising from the provision of services in the hotel in which the client is staying shall be submitted to the consumer courts.
Notwithstanding the foregoing and for the sole and exclusive purposes of complying with the provisions of articles L.616-1 and R.616-1 of the French consumers’ Code, NH hereby communicates to the consumers(as defined in introductory article of the French Consumers’ Code) the contact details of the consumer mediator that has been elected:
“Médiateur du Tourisme et du Voyage ( “MTV”) – BP 80303 – 75823 Paris Cedex 17”.
The procedures for referral to the Mediator and his contact details are available on the website www.mtv.travel.
Consumers remain free to accept or refuse recourse to MTV and, in the event of recourse to MTV, each party is free to accept or refuse the solution proposed by the MTV.