1. Introduction
The purpose of this document is to regulate the GENERAL TERMS AND CONDITIONS OF CONTRACT of the Pre-Reservation and On-line Reservation services (hereinafter, and indistinctly, the Pre-Reservation and On-line Reservation services, or the services) of MIGUEL OJEA MIGUEZ, with registered office at Rúa San Xoan 104, 36206 | VIGO, constituted by means of a public deed granted before the Notary of Vigo D.______________________, on __ of ___ of 19__, and registered in the Mercantile Registry of PONTEVEDRA, in Volume ____, Folio ____, Page _____, and C.I.F. 36115506D, Telf. 655 931 771. The terms “You” and “User” are used herein to refer to all individuals and/or entities who for any reason access https://casamimosavigo.com/ (hereinafter, the Website) or use the Services.
2. Use of the Pre-Booking and On-line Booking services by the User through the Website
Pre-Booking Services
The on-line Pre-Booking services are merely informative, and their sole purpose is to offer the user the possibility of checking the availability of a room in an apartment or city of their preference and interest.
Reservation-line services
The purpose of the on-line booking services is to reserve those rooms that are requested by the User at the MIGUEL OJEA MIGUEZ. The use of these on-line booking services constitutes a contract between the parties with full and unreserved acceptance by the user of each and every one of the general terms and conditions that regulate the use of the same, without the parties needing or requiring their written transcription.
Booking procedure: Once the booking has been made through the website, the user will receive an e-mail confirming their booking. Only those reservations confirmed by the receipt by the user of the aforementioned email and under the conditions indicated therein will be binding on MIGUEL OJEA MIGUEZ. The user must verify the data contained in their booking confirmation and notify MIGUEL OJEA MIGUEZ (at the address indicated in point 5 of these conditions), within twenty-four hours of receipt and in writing, of any error noticed. Otherwise, it will be understood that you are accepting the terms and conditions of the reservation expressed in the confirmation email.
Guarantee: Once the confirmation email has been received and no observation has been made by the User within the indicated period, the reservation is firm and guaranteed by the credit card provided by the User when making the reservation until arrival at the apartment.
Termination of the contract or cancellation of the reservation: The credit card is only a means of guarantee. The cancellation of reservations by the user will not incur early cancellation fees, as long as this is done 24 hours before the time established as the limit in each country (local time of the apartment) on the day of arrival. After this time limit, MIGUEL OJEA MIGUEZ, S.A. will collect the cancellation fees as compensation, which will amount to the amount of the first night (VAT and taxes included). If you wish to make any changes or cancel your reservation, you must do so in advance of the scheduled check-in date of the original reservation specified in the specific conditions of the selected rate or offer. Otherwise, you will be charged the corresponding specified charges.
This clause is not valid for bookings made at special rates. In this case, the respective established conditions will apply.
The cut-off times for arrival at the apartment in each country are those indicated in the reservation made and will be indicated both at the time of contracting and in the reservation confirmation email.
3. Correct use of the contents of the website by the User
3.1 Contents of the website
MIGUEL OJEA MIGUEZ declares that the industrial property rights included in this website, including but not limited to: the articles, texts, designs, photographs, images, logos, videos, audios, databases, software, the website as a whole are its property or are being legitimately exploited by virtue of agreements or licenses from third parties for its use and/or are duly protected by current regulations on Intellectual Property and Industrial, so its use is forbidden without the express prior authorization of MIGUEL OJEA MIGUEZ All the names, designs and/or logos that make up this page are duly registered trademarks. Any improper use of the same by a person other than its legitimate owner may be prosecuted in accordance with current legislation. The User undertakes to use the website diligently, correctly and lawfully and, in particular, undertakes to refrain from:
Suppress, elude or manipulate the copyright, trademarks and other identifying data of the rights of MIGUEL OJEA MIGUEZ or their owners incorporated into the contents and/or products marketed from the MIGUEL OJEA MIGUEZ website, as well as the technical protection devices, digital fingerprints or any information mechanisms that may be contained therein.
Use the contents and, in particular, the information obtained from MIGUEL OJEA MIGUEZ through its website to send advertising, communications for direct sales or any other type of commercial purpose, unsolicited messages addressed to a plurality of people.
Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or legally permitted.
In general, to use the contents in a way, for purposes or effects contrary to the law, morality and generally accepted good customs or public order. MIGUEL OJEA MIGUEZ does not grant any licence or authorisation of use of any kind on its industrial and intellectual property rights or on any other property or right related to its website.
Infringement of Intellectual and Industrial Property rights
MIGUEL OJEA MIGUEZ has a firm commitment to the protection of Intellectual and Industrial Property on the Internet. To this end, MIGUEL OJEA MIGUEZ declares that it applies and implements high security standards to protect the content displayed on its website. However, in spite of this, extraordinary situations may occur that are not attributable to MIGUEL OJEA MIGUEZ, S.A. that are beyond its control, which, once identified and verified, will be corrected as quickly as possible.
Access to the Website and use of the website
MIGUEL OJEA MIGUEZ is not responsible for websites that are not its own that can be accessed through links or for any content made available by third parties. Any use of a link or access to a website that does not belong to the User is carried out at the User’s own will and risk. MIGUEL OJEA MIGUEZ does not recommend or guarantee any information obtained by or through a link, nor is it responsible for any loss, claim or damage arising from the use or misuse of a link, or from the information obtained through it, including other links or websites, from interruption in service or access, or the attempt to use or misuse a link, both when accessing the Website, and when accessing information on other websites from the Website.
4. Modification and subsistence of the General Terms and/or Conditions of Contract
Modification
MIGUEL OJEA MIGUEZ reserves the right to modify these General Terms and/or Conditions of Contract, informing users of the modifications made through the website https://casamimosavigo.com/
Subsistence
If one of the stipulations of these General Terms and/or Conditions of Contract is declared null and void, the rest of the General Terms or Conditions not affected by such nullity will remain in force for the parties under the agreed terms. Any stipulation that could be affected by such nullity must be replaced by approximating in accordance with law the intention initially pursued.
Nothing in this contract shall in any way affect the mandatory consumer provisions. If you are not a consumer, by accepting these terms and conditions you expressly waive your right of withdrawal.
5. Disclaimer of Warranties and Liability
MIGUEL OJEA MIGUEZ does not guarantee the reliability, availability or continuity of the services made available to the user, so it excludes any liability for damages and/or losses that may be due to the lack of availability, reliability or continuity of the website or its services, although it will try to facilitate, as far as possible, technical assistance to the person concerned, as well as trying to immediately restore the interruption, making alternative means available to them, as far as possible. under no circumstances will MIGUEL OJEA MIGUEZ be liable for any loss, damage or harm of any kind arising from access to and/or use of the website and the booking system. The client may contact the customer to make any complaint, either through the reception of the apartment itself, or through the email address reservas@galeones.com
MIGUEL OJEA MIGUEZ is not obliged to control, and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of the users or people who visit the website, so it will not be liable for damages of any nature that may arise from the above.
If MIGUEL OJEA MIGUEZ, despite acting with due foresight and diligence, is unable to provide the contracted rooms for reasons not attributable to it and it is impossible to provide the services under the agreed conditions, it will offer the user the possibility of opting for a full refund of the amount paid or for the substitution of the contracted service with another of similar characteristics in terms of category or quality. If the substitution offered results in a lower category or quality, MIGUEL OJEA MIGUEZ will reimburse the user for the difference.
6. Applicable Law and Competent Jurisdiction
These General Terms and/or Conditions of Contract are governed by Spanish Law. MIGUEL OJEA MIGUEZ and the User, for the resolution of any controversy that may arise with respect to its validity, execution, compliance or resolution, in whole or in part, submit, expressly waiving their own jurisdiction or any other that, as the case may be, to the jurisdiction of the Courts and Tribunals of Vigo. This contract constitutes the complete and complete expression of the agreement between MIGUEL OJEA MIGUEZ and the user, and replaces all previous pacts, commitments, representations or agreements, both written and oral, that may have previously existed between them.