1. Introduction
The purpose of this document is to regulate the GENERAL CONTRACTING TERMS and CONDITIONS of the Pre-Reservation and On-line Reservation services (hereinafter, and indistinctly, the Pre-Reservation and On-line Reservation services, or the services) of HOTEL DE L’ISARD S.L., with registered office in Andorra, Av. Meritxell 34, constituted by public deed granted before the Notary Mr. Josep ESTAÑOL, on 30 July 2002, with protocol number 2067 and registered in the Companies Register of the M.I. Government under number 10409, book S-123 folios 137 to 144, and NRT L-705558-F. (hereinafter, Hotel de L’Isard), Tel. +376876800. The terms “You” and “User” are used here to refer to all individuals and/or entities who for any reason access https://www.hotelisard.com or use the services.
The use of these services implies the full and unreserved acceptance, as well as the validity, of each and every one of the General Terms and/or Conditions – which shall be considered automatically incorporated into the contract signed with Hotel de l’Isard, without the need for their written transcription in the same – contained in the latest updated version of these General Terms and/or Conditions.
By contracting the services available on the website, you declare that you are a person with full capacity to contract.
2. Applicable regulations:
These General Terms and Conditions are subject to Andorran regulations and specifically to Law 20/2014, of 16 October, regulating electronic contracting and operators who carry out their economic activity in a digital space; in Law 13/2013, of 13 June, on effective competition and consumer protection and in Law 16/2017, of 13 July, general on tourist accommodation.
3. Use of Hotel de L’Isard’s Pre-booking and on-line booking services
3.1. Pre-Reservation Services
The on-line Pre-Reservation services are purely informative, and their sole purpose is to offer the user the possibility of consulting the availability of rooms at the hotel. Within 24 hours, the user will receive an e-mail confirming whether the reservation has been made, which will only be linked once accepted by the Hotel de L’Isard by confirming the reservation by e-mail and subsequent payment of the same by the user. The user must verify the booking confirmation and notify Hotel de L’Isard immediately, in writing, of any error.
3.2. Online Booking Services
a. The purpose of the on-line booking services is to reserve a room at the Hotel de L’Isard. The use of these services implies the full acceptance without reservation, and the validity of each and every one of the terms or general conditions, which will be considered automatically incorporated into the contract signed with the Hotel de L’Isard, without the need for its written transcription in the same and included in the latest updated version of these terms and / or general conditions.
b. Contracting procedure: When using the service, the user will receive a confirmation e-mail which will include confirmation that their purchase order is in the process of being confirmed. If you are a consumer, once the charge corresponding to your reservation has been made, you will receive an e-mail confirming the same, this e-mail will serve as proof of your reservation. The holder of the credit card used to make the reservation must correspond to the guest staying at the establishment. The credit card used for the booking will be requested on arrival to verify that the details provided are correct. The credit card holder must be present at the time of booking.
c. Guarantee: The reservation is confirmed and guaranteed for the whole night by credit card. In case of no-show at the hotel without prior notice, the first night will be charged (IGI and taxes included).
d. Termination of the contract or booking cancellation: The credit card is only a means of guarantee. The cancellation of reservations by the user will not incur early cancellation charges, provided that the cancellation is made before the time limit established in each country (local time of the hotel) on the day of arrival. After this threshold, Hotel de l’Isard will charge cancellation fees as compensation, which will amount to the amount of the first night (including IGI and taxes). This clause does not apply to bookings made at special rates. In such a case, the respective conditions shall apply. The latest check-in time at the hotel is 6.00 p.m. on the day of arrival.
e. Policy for minors.
Minors under the age of 18 must be accompanied by their parents, guardians or adults duly authorised by them. Hotel staff may require relevant documentation identifying the adults as their parents/guardians or authorised persons.
f. Prices per room per night.
Prices are only valid in writing and for the period of time indicated therein. Where justifiable reasons exist, Hotel de l’Isard reserves the right to modify these rates without prior notice. The prices relating to the reservation will be indicated to you during the booking process. IGI is applied to the prices, without prejudice to the application of additional taxes in accordance with the local regulations in force in each country. The aforementioned local taxes must be paid directly at the hotel.
g. The prices shown at the time of booking include IGI according to the tax rate applicable at the time. In the event that the tax rate changes between the date of booking and the date of commencement of services, resulting in a disparity in accordance with tax regulations, the tax rate to be applied to the final price will be that applicable at the time of delivery of the services or accrual of tax, even in cases where this would result in an increase in relation to the final price indicated to the customer at the time of booking.
3.3 The user undertakes to use the services in accordance with the Law, morality, good customs and public order, as well as with the provisions of these General Terms and/or Conditions of Contract. Consequently, the user is obliged not to use the services for purposes or effects that are illicit and/or contrary to what is established in the present Terms and/or General Conditions of contracting, harmful to the rights and/or interests of third parties or that, in any way, may damage the services, Hotel de l’Isard and/or its image.
3.4 Hotel de l’Isard may, for the sake of speed and for the benefit of users, unilaterally modify, at any time and without prior notice, the services provided, or the operating, technical and usage conditions of the services. Similarly, in order to improve the service and establish an optimum level of quality, the ultimate objective of Hotel de L’Isard, users may suggest any modifications that they deem useful by contacting those responsible for the website at the following email address: p.privacidad@hotelisard.com
4. Conditions applicable to the online check-out process at the Hotel de L’Isard
In the event that users choose to select the “Online Check-out” process when vacating the room booked at the Hotel de L’Isard, the following Special Conditions shall apply to them:
4.1 Functioning of the online Check-out process.
a. This process allows users to check-out without having to go in person to the Hotel de L’Isard reception desk to vacate their room.
b. The Check-out process will work as follows:
- The day before the user leaves the Hotel de L’Isard hotel, he/she will receive an e-mail from Hotel de Isard where he/she will be provided with a link to the General Conditions of the same section 3. The acceptance of this section 3 implies authorisation on his/her behalf or on behalf of the other accompanying users, to access the information related to their stay at the Hotel de L’Isard, as well as consenting to the rest of the content of the aforementioned section. If you accept them, the website will take you directly to the online check-out form.
- Once the user is in the online Check-out form, he/she will be able to view all the information related to his/her stay at the Hotel de L’Isard: number of nights booked, number of guests, date of arrival and departure, booking number, billing details and total amount to be paid for the services provided (price, IGI and applicable taxes broken down).
- The user may check-out online until 12:00 PM on the same day of departure from the Hotel de L’Isard, otherwise the user must check-out at the reception of the Hotel de L’Isard.
4.2 Payment in the online check-out procedure
a. The total price to be paid by the user for his stay at the hotel of Hotel de Isard will be indicated on the online check-out form.
b. The price shown on the online Check-out form will be the total price corresponding to the user’s contracting of the services provided by Hotel de L’Isard (plus IGI and applicable taxes) and, where applicable, any additional costs that the user may have incurred from the day of their arrival at Hotel de L’Isard until their departure from the Hotel.
c. As additional expenses will be considered all those services enjoyed by the user during their stay at the Hotel de L’Isard and which were not included in the initial price of the reservation of the room contracted (by way of example, but not limited to, breakfast if it is not included in the initial price, lunch or dinner in the hotel restaurant, purchase of products from the minibar, parking the car in the car park…) hereinafter the Additional Expenses).
d. In the event that the user has incurred (i) additional expenses not known by Hotel de L’Isard at the time of accepting the online Check-out or (ii) additional expenses after sending the confirmation of the Check-out by Hotel de Isard, Hotel de Isard will proceed to issue a new invoice to the user in order to collect these Additional Expenses.
4.3. Authorisation of the user to be charged by Hotel de L’Isard at the time of the online Check-out.
a. Hotel de L’Isard will automatically charge the amount shown on the online check-out form when the user clicks on the button to accept the online check-out.
b. By accepting these General Conditions, the user expressly authorises Hotel de L’Isard to automatically charge for the provision of its services, for which it may use the details of the bank card provided by the user at the time of booking the hotel room. Hotel de L’Isard will inform the user of the exact amount that will be charged prior to making the payment (this information will appear on the online check-out form). c. The user declares that he/she is the holder of the bank card that he/she provided for the payment of the services provided by Hotel de L’Isard and/or that it belongs to a third party who expressly authorised him/her to use it.
4.4. Possible errors or changes in the billing data for the online check-out
a. In the event that the invoicing data appearing on the online check-out form are incorrect or if the user wishes to make a change to them, he/she should contact the reception of the Hotel de L’Isard directly so that the errors can be corrected or the requested changes can be made.
b. In these cases, payment will be made at the reception of the Hotel de L’Isard.
4.5. Obligations and responsibilities of the user in relation to the online check-out process
a. The user guarantees that the personal and billing data provided to Hotel de L’Isard are true, exact, current and complete and is responsible for notifying Hotel de L’Isard of any modification of the same, so that the corresponding payment can be made.
b. In the event that Hotel de L’Isard could prove that the user committed fraudulent practices in relation to the use of the bank card for the payment of the services provided through the online Check-out process, Hotel de L’Isard reserves the right to initiate the legal actions that by law correspond to it.
c. The user undertakes to comply strictly with the online Check-out procedure and with the obligations set out in these Particular Conditions.
5. Correct use of the contents of the website by the user
5.1 Hotel de L’Isard declares that the industrial property rights (brands, trade names, etc.) that appear on this website are its property and/or are legitimately exploited by virtue of agreements or licences for use, and are duly protected. The User undertakes to use the Web Site in a diligent, correct and lawful manner and, in particular, undertakes to refrain from:
(a) Suppress, evade or manipulate the copyright, trademarks and other data identifying the rights of Hotel de L’Isard or its owners incorporated into the contents and/or products marketed from the Web Site of Hotel de L’Isard, as well as the technical protection devices, digital fingerprints or any information mechanisms that may contain the same.
(b) Use the contents and, in particular, the information of Hotel de L’Isard obtained through its Web Site to send advertising, communications for the purpose of direct sales or any other type of commercial purpose, messages not only tendered addressed to a plurality of persons.
(c) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, except with the authorisation of the owner of the corresponding rights or if legally permitted.
(d) In general, to use the contents in a manner, for purposes or with effects contrary to the law, morality and generally accepted good customs or public order. Hotel de L’Isard 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 Web Site.
5.2. Procedure in case of violation of intellectual property rights. In the event that any User or third party considers that any of the content has been introduced on its website in violation of their intellectual property rights, they must send a notification to Hotel de L’Isard with a complete and precise indication of their details and the intellectual property rights allegedly infringed, as well as the Website.
6. Right to modify the General Terms and/or Conditions of Contract
Hotel de L’Isard reserves the right to modify the present General Terms and/or Conditions of Contract, informing users of the modifications made through www.hotelisard.com with your user name and password. In any case, the General Terms and Conditions accepted and in force at the time of contracting the services shall be considered valid.
6.1. Exclusion of guarantees and liability
Hotel de L’Isard does not guarantee the reliability, availability or continuity of the services made available to the user, and therefore excludes any liability for damages and/or losses that may be due to the lack of availability, reliability or continuity of its website or its services, although it will try to provide, to the best of its ability, technical assistance to the person affected, as well as trying to immediately restore the interruption, making available, to the best of its ability, alternative means.
6.2. Hotel de L’Isard 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 users or persons visiting the pages, for which reason it will not be liable for damages of any nature that may result from them.
6.3 If Hotel de L’Isard, despite acting with due foresight and diligence, is unable to provide the contracted rooms for reasons that are not attributable to them and if it is impossible to provide the services under the agreed conditions, Hotel de L’Isard will offer the user the possibility of opting for a full refund of the amount paid or its replacement by another of similar characteristics in terms of category or quality. If the substitution results in a service of inferior category or quality, Hotel de L’Isard shall reimburse the difference.
7. safeguarding of the terms and/or general terms and conditions of the contract
If one of the stipulations of the present General Terms and/or Conditions of Contract is declared null and void or inoperative, the rest of the General Terms and/or Conditions will be maintained in the agreed Terms. Hotel de L’Isard undertakes to replace the stipulation affected by the nullity as closely as possible to the original intention of the parties. No stipulation in this contract shall in any way affect the mandatory consumer provisions. If you are not a consumer, you expressly waive your right of withdrawal.
8. https://www.hotelisard.com and acceptance of the rules of use
The user is aware that the use of the Pre-Reservation and On-line Reservation services implies the full and unreserved acceptance of each of the clauses of the Rules of Use of https://www. hotelisard.com, in the version published by Hotel de L’Isard at the time the user contracts the service. These rules of use complete the present General Terms and Conditions in all that they do not oppose. For this reason, the user must be aware of the importance of consulting the rules of the present site before accessing and/or using the services.
9. Applicable law and competent jurisdiction
These General Terms and/or Conditions of Contract are governed by Andorran Law. Hotel de L’Isard and the users, for the resolution of any controversy that may arise regarding their validity, execution, fulfilment or resolution, whether total or partial, submit themselves, expressly renouncing their own jurisdiction or any other that may correspond to them, to the jurisdiction of the Courts and Tribunals of Andorra. This contract constitutes the complete and integral expression of the agreement between Hotel de l’Isard and the user, and replaces all previous pacts, commitments, declarations or agreements, both written and oral, that may have previously existed between them.
In all cases, any dispute arising from the provision of services at the hotel where the customer is staying shall be submitted to the consumer courts.
May 2023
