General Terms and Conditions of Contracting
INFORMATION FOR THE USER
This contractual document will govern the contracting of accommodation reservations through the website https://www.mediumhoteles.com, owned by Medium Gestora, S.L. hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Terms will remain published on the website for the USER to reproduce and store them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will apply.
Contracts will not be subject to any formality except for those cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends what is set out herein.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set out herein.
These terms will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the terms, without this affecting the goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the accommodation reservation service contracted by the USER is Medium Gestora, S.L. with registered office at Còrsega 301 2nd 3rd – Barcelona – 08008 (Barcelona), Tax ID number B62778279 and contact email contacto@mediumhoteles.com
And on the other hand, the USER, registered on the website by means of a username and password, for which they have full responsibility for use and custody, and is responsible for the truthfulness of the personal data provided to Medium Gestora, S.L.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online contracting process, the reservation of temporary accommodation.
The contractual relationship of accommodation reservation entails the use and enjoyment of the chosen stay, for a limited time, in exchange for a specific price publicly displayed through the website. Extra services must be contracted at the time of making the reservation.
Contracting procedure
The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and identify themselves through the website. Therefore, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and Organic Law 3/2018, of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.
Once this step has been completed, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Activation of reservations.
- Right of withdrawal (cancellations).
- Complaints and online dispute resolution.
- Force majeure.
- Competence.
- Generalities of the offer.
- Price and validity period of the offer.
- Transport costs.
- Payment method, charges and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, making a reservation with the PROVIDER will imply acceptance by the USER of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will previously inform the USER about the procedure to be followed to make the travel reservation.
The automatic availability and price calculation system allows the USER to choose the apartment or studio of interest and proceed with its online payment. Depending on the rate chosen by the USER, the amount to be paid will be as follows:
- Non-refundable Rate: The hotel will charge 100% of the reservation at the time of confirmation. No refund is allowed in case of cancellation, early departure or no-show.
- Flexible Rate: The USER may cancel free of charge according to the terms indicated in their reservation.
Non-performance of the distance contract
In the event that the PROVIDER does not have accommodation available or there is an overbooking situation, the customer will be informed and given an alternative equal to or better than the accommodation offered at no additional cost, and without any liability for damages attributable to the PROVIDER.
The PROVIDER will not assume any responsibility when the activation of the service is not carried out, due to the data provided by the USER being false, inaccurate or incomplete.
3. CANCELLATIONS (right of withdrawal)
The USER has the same rights and deadlines to proceed with cancellation and/or to claim possible defects or faults in the reservation, both online and offline.
For those reservations that, with respect to the chosen rate, allow cancellation, this can be done directly through the reservation confirmation that the USER received in their email when making the reservation.
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
hotel medium valencia
Telephone: +34 963 34 78 00
E-mail: mediumvalencia@mediumhoteles.com
hotel medium sitges park
Telephone: +34 938 94 02 50
E-mail: sitgespark@mediumhoteles.com
hotel medium romàntic
Telephone: +34 938 94 83 75
E-mail: romantic@mediumhoteles.com
hotel medium renaixença
Telephone: +34 938 94 80 09
E-mail: renaixenca@mediumhoteles.com
hotel medium montecarlo
Telephone: +34 972 30 04 04
E-mail: mediummontecarlo@mediumhoteles.com
hotel medium claramar
Telephone: +34 972 82 72 65
E-mail: claramar@mediumhoteles.com
If during the rental period any breakdown occurs in the facilities or electrical appliances, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics.
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and, without the need to resort to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
6. COMPETENCE
The USER may not assign, transfer or transmit the contracted rights, responsibilities and obligations.
If any stipulation of these terms is considered null or impossible to comply with, the validity, legality and compliance of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares that they have read, know and accept these General Terms in their entirety.
7. GENERALITIES OF THE OFFER
The details of each reservation, such as accommodation and meal plan, are provided to the USER in their respective description on the website.
All sales made will be subject to these General Terms.
No modification, alteration or agreement contrary to the Commercial Proposal or as stipulated herein shall have effect, except for an express written agreement signed by, in which case these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the right is reserved to modify the specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid if, for any reason, the possibility of supplying the services offered is affected.
Check-in and check-out
Check-in: Check-in will take place from 4:00 PM.
- Before 4:00 PM the accommodation will not be available.
- If arriving early, luggage can be left at reception.
Upon arrival at the hotel and in accordance with current legislation, the USER must deliver the reservation form and all occupants of the accommodation will be identified.
Check-out: Check-out is until 12:00 PM (noon).
Customer responsibilities
– The USER undertakes to respect the Community regulations during rest hours from 10:00 PM to 8:00 AM.
– It is not permitted to use the accommodation for the purpose of parties, stag/hen parties, or to make noise.
– Under no circumstances is it permitted to occupy the accommodation with more people than those established as its maximum capacity.
– It is forbidden to hang towels or clothes on balcony railings.
– Children must always be accompanied by their parents and under their responsibility.
– The USER is responsible for the proper behaviour of all their reservation companions, otherwise, the PROVIDER reserves the right to evict the occupants of the accommodation, without the right to future claims or any type of compensation.
– The owner shall not be liable for any direct or indirect damage that may occur as a result of misuse of the accommodation, including without limitation: breakages, losses after fires, theft, crime, accidents or other types of damage.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes (for persons over 17 years of age), travel insurance, shipping, handling, packaging costs, or any other additional services ancillary to the service purchased.
The applicable prices are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily as long as the reservation is not made.
Any payment made entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be delivered to the USER when the rental ends and payment for the contracted services is made. If you wish to receive an invoice by email, you must request it by any of the means that the PROVIDER makes available to you.
For any information about the reservation, the USER may contact by telephone or email through the following contacts:
hotel medium valencia
Telephone: +34 963 34 78 00
E-mail: mediumvalencia@mediumhoteles.com
hotel medium sitges park
Telephone: +34 938 94 02 50
E-mail: sitgespark@mediumhoteles.com
hotel medium romàntic
Telephone: +34 938 94 83 75
E-mail: romantic@mediumhoteles.com
hotel medium renaixença
Telephone: +34 938 94 80 09
E-mail: renaixenca@mediumhoteles.com
hotel medium montecarlo
Telephone: +34 972 30 04 04
E-mail: mediummontecarlo@mediumhoteles.com
hotel medium claramar
Telephone: +34 972 82 72 65
E-mail: claramar@mediumhoteles.com
9. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and enables the following methods for payment of an order:
Credit card
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of these or negatively influence them.
The following activities are prohibited under the credit card brand programmes: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or cardholder(s).
10. PURCHASE PROCESS
The website has a search system using different parameters to facilitate the choice of accommodation. Reservations with immediate confirmation have the stipulated service price, the reservation can be made online and any extra services added as desired.
Select the check-in and check-out dates, the number of guests (adults and children) and the chosen extra services and add to the basket. In the basket, only the selected services, quantity, price and total amount will be shown. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative link, they are just a section where a budget can be simulated without any commitment on either part.
From the basket you can place an order by following the following steps for its correct formalisation:
- – Verification of billing data.
- – Verification of the reservation (dates, services…).
- – Selection of the payment method.
- – Place the order (buy).
From the Online Reservation section, the description and characteristics of the accommodation, included services, optional services (extras) and specific conditions can be consulted.
11. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, null or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any of the remaining terms.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
12. GUARANTEES AND RETURNS
The guarantee of the services offered will be covered by the following articles based on Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
Conformity of services with the contract
- – Unless proved otherwise, the services shall be deemed to be in conformity with the contract provided they meet all the requirements set out below, unless due to the circumstances of the case, any of them is not applicable:
- a) They match the description given by the PROVIDER.
- b) Are fit for the purposes for which services of the same type are ordinarily intended.
- c) Are fit for any special use required by the USER, when the USER has made this known at the time of entering into the contract, provided that the PROVIDER has accepted that the service is fit for that use.
- d) Present the usual quality and performance of a service of the same type that the customer can reasonably expect, given the nature of the service and, where applicable, the descriptions of the specific characteristics of the services made by the PROVIDER.
- e) describes the details, technical characteristics and photographs of the properties provided by their owners, so that it is not bound by these public statements.
- – The lack of conformity resulting from a service not performed or provided shall be equated with lack of conformity of the contract, provided that the responsibility for this falls on or under the responsibility of the PROVIDER; on the contrary, when the service not performed or provided is due to negligence or bad practice on the part of the USER, there shall be no fault on the part of the PROVIDER and the service shall be deemed in conformity with the terms of the contract.
- – There will be no liability for lack of conformity that the USER knows about or could not have been unaware of at the time of entering into the contract or that have their origin in information supplied by the USER.
Responsibility of the PROVIDER
The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation, hereby granting the USER the right to repair of the service, to its replacement and to a price reduction.
Repair and replacement of the accommodation service
- – If the accommodation service is not in conformity with the contract, the USER may choose between demanding repair or replacement of the service, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option to the PROVIDER, both parties shall abide by it. This decision of the USER is understood without prejudice to the provisions in cases where repair or replacement fails to bring the service into conformity with the contract.
- – Any form of remedy that imposes costs on the PROVIDER which, in comparison with the other form of remedy, are unreasonable shall be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be performed without major inconvenience to the USER.
Repair and replacement will be carried out according to the following rules:
– Costs necessarily incurred to remedy the lack of conformity of the contracted services shall be free for the USER.
– They shall be carried out within a reasonable period of time and without major inconvenience to the USER, taking into account the nature of the services and the purpose they had for the USER.
– If after repair and delivery of the property, it continues to be not in conformity with the contract, the USER may demand its replacement, a price reduction or termination of the contract.
– If replacement fails to bring the property into conformity with the contract, the USER may demand its repair and a price reduction.
Price reduction
The price reduction and termination of the contract will proceed, at the USER’s choice, when the USER cannot demand repair or replacement of the service and in cases where these have not been carried out within a reasonable period of time or without major inconvenience to the USER. They will not proceed when the lack of conformity is of minor importance.
Criteria for price reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in conformity with the contract and the value that the service actually delivered had at the time of delivery.
Deadlines
Unless proved otherwise, delivery is understood to have taken place on the date stated in the reservation.
The USER must inform of the lack of conformity at the time they become aware of it or, at the latest, at the end of the stay. Unless proved otherwise, it will be understood that the USER’s communication has taken place within the established deadline.
13. APPLICABLE LAW AND JURISDICTION
These terms shall be governed or interpreted in accordance with Spanish legislation in any matter not expressly established herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the registered address of the OWNER any controversy that may arise from the provision of the products or services subject to these Terms.
In the event that the USER has their address outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts. For more information, please refer to the clause «4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION of these Terms.
