General Terms and Conditions

1. GENERAL INFORMATION

In compliance with the provisions set forth in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, benalmadenabeach.com website is the property of ZARIQUEGUI HOSTELERÍA, S.L. (hereinafter, HOTEL BENALMADENA BEACH), registered in the Registro Mercantil de Vizcaya, Tomo 6228, Folio 215, Inscripción 1 con Hoja BI-81908 (Biscay Register of Companies, Volume 6228, Sheet 215, Inscription 1 on Page BI-81908), with address for notification purposes at Calle Ortutxueta 1 – 1A, 48006 Bilbao, NIF B56780182 and e-mail reservas@benalmadenabeach.com.

 

2. ACCEPTANCE OF THE TERMS OF USE

The use of this website implies the user’s acceptance of these terms of use in the version published at the time of access. For this reason, HOTEL BENALMADENA BEACH recommends that users read them carefully each time they access the website.

 

Consequently, it is the responsibility of all visitors and/or users to carefully read these terms of use each time they access this website, and if they do not agree with any of the conditions set out herein, they should refrain from using this website.

 

HOTEL BENALMADENA BEACH may, at any time and without prior notice, modify the design, presentation and/or configuration of the website, as well as some or all of its contents, and the terms of use of the website.

 

3. USE OF THE SITE

The user is aware and voluntarily and expressly accepts that the use of the benalmadenabeach.com website is always under his/her sole and exclusive responsibility.

 

When using the benalmadenabeach.com website, the user undertakes not to engage in any activity that could damage the image, interests and rights of HOTEL BENALMADENA BEACH or third parties, or that could damage, render unusable or overload the website, or in any way impede its normal use.

 

The contents of the benalmadenabeach.com website are made available to the user with information from both its own and third-party sources.

 

The inclusion of content in the benalmadenabeach.com website does not in any way constitute the provision of a service. The user acknowledges that the application of the law to specific cases is not automatic, but may vary according to very different circumstances. For this reason, HOTEL BENALMADENA BEACH advises the user not to make any decisions based on the information contained in the contents without obtaining appropriate professional advice.

 

HOTEL BENALMADENA BEACH is not responsible for any errors or omissions in the contents of this website, nor does it assume any obligation or commitment to verify or monitor the contents and information on this website.

 

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and accepts, by virtue of these terms of use, that all industrial and intellectual property rights relating to the content and/or any other element included in this website (including, but not limited to, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, look and feel, audio and video) are the exclusive property of HOTEL BENALMADENA BEACH and/or third parties, who have the exclusive right to use them in the course of their business.

 

Under no circumstances does access to the website imply any kind of waiver, transfer, licence or total or partial cession of these rights, unless expressly stated otherwise. These terms of use do not grant users any right to use, modify, exploit, reproduce, distribute or publicly communicate the website and/or its contents other than those expressly provided for herein. Any other use or exploitation of rights shall require the prior express authorisation of ZARIQUEGUI HOSTELERÍA, S.L. or the third-party owner of the rights concerned.

 

Any claims made by users or third parties regarding possible infringement of intellectual or industrial property rights relating to any of the contents of this website should be sent to the following e-mail address: reservas@benalmadenabeach.com with the following information:

 

1.- Name and surname(s), postal address and e-mail address of the person concerned or, where applicable, of the person authorised to act on his or her behalf, with an indication of the title by which he or she is authorised to act (hereinafter referred to as the “claimant”).

 

2.- Statement by the claimant that he or she is the owner of the rights that have allegedly been infringed, including his or her physical or digital signature.

 

3.- Detailed description of the content protected by the intellectual property rights allegedly infringed and its exact location on the website.

 

4.- Explicit statement by the claimant that the use of the content was made without the consent of the owner of the allegedly infringed rights.

 

4.1 Domain names

 

In the same sense as the previous section, the domain name benalmadenabeach.com and all those used to directly access this website are the exclusive property of HOTEL BENALMADENA BEACH. Their improper use for commercial purposes constitutes an infringement of the rights conferred by their registration and will be prosecuted by the means provided for by the law.

 

4.2 Copyright

 

The content, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes and, in general, any intellectual creation on this website, as well as the website itself as a multimedia work of art, are protected by copyright.

 

4.3 Personal use

 

HOTEL BENALMADENA BEACH authorises users to use, view, make a temporary copy of, download and save the contents and/or elements included in the website for their personal, private and non-commercial use only, provided that in all cases the origin and/or author of the same is indicated and, where applicable, the copyright symbol and/or industrial property rights of the owners are indicated.

 

The use, reproduction, communication and/or distribution of such elements for commercial or lucrative purposes, as well as their modification, alteration or decompilation, is strictly prohibited.

 

For any use other than those expressly permitted, the prior written consent of the owner of the rights in question must be obtained.

 

4.4 Reservation of rights

 

The user of this website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case HOTEL BENALMADENA BEACH reserves the right to exercise any legal means or action that may correspond to it in defence of its legitimate intellectual and industrial property rights.

 

5. EXCLUSION OF GUARANTEES AND LIABILITY

5.1. Exclusion of guarantees and liability for the operation of the website

 

HOTEL BENALMADENA BEACH does not guarantee the availability and continuity of the operation of the website. Likewise, HOTEL BENALMADENA BEACH shall not be liable for any damages that may arise from:

 

1. Lack of availability or accessibility of the website.

 

2. Any interruption in the operation of the website or any computer malfunction, telephone outage, disconnection, delay or blockage caused by defects or overloads in the telephone lines, Internet system or other electronic systems used in the operation of the website.

 

3. The lack of suitability of the website for the specific needs of the users.

 

4. Other damages that could be caused by third parties through unauthorised interference beyond the control of HOTEL BENALMADENA BEACH.

 

HOTEL BENALMADENA BEACH does not guarantee that the website is free of viruses or other elements introduced by third parties not related to HOTEL BENALMADENA BEACH that may cause alterations to the physical or logical systems of users or to the electronic documents and files stored in their systems.

 

HOTEL BENALMADENA BEACH has adopted various measures to protect the website and its contents against computer attacks by third parties. However, HOTEL BENALMADENA BEACH does not guarantee that unauthorised third parties will not have access to the nature of the use made of the website by the user, or the conditions, characteristics and circumstances in which such use is made. Consequently, under no circumstances shall HOTEL BENALMADENA BEACH be liable for any damage that may be caused as a result of such unauthorised access.

 

5.2 Exclusion of guarantees and liability for the use of the website, services and content by users.

 

Under no circumstances shall HOTEL BENALMADENA BEACH be held responsible for the use made by users and/or third parties of the website or its contents, or for any damage that may derive from such use.

 

HOTEL BENALMADENA BEACH excludes any liability for damages of any kind that may be caused by the use of the services and contents by users, or that may be caused by the lack of truthfulness, validity, completeness and/or authenticity of the information that users provide about themselves, and in particular, although not exclusively, for damages of any kind that may be caused by the impersonation of a third party by a user in any type of communication made through the website.

 

5.3. Exclusion of guarantees and liability for the contents

 

HOTEL BENALMADENA BEACH shall not be liable for any damages that may arise from:

 

1. Damages of any kind that may be due to the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the content.

 

2. Unsuitability of the content for any purpose and the disappointment of the expectations generated by the content.

 

6. MODIFICATION AND TERMINATION OF SERVICES

The duration of this website is, in principle, indefinite, however, HOTEL BENALMADENA BEACH reserves the right to modify, suspend or terminate the provision of its services, as well as these terms of use, at any time and without prior notice.

 

7. APPLICABLE LAW AND JURISDICTION

These terms of use are governed by Spanish law. Any controversy relating to the benalmadenabeach.com website shall be subject to Spanish jurisdiction, with the parties submitting to the Courts and Tribunals of the City of Bilbao and their hierarchical superiors, expressly waiving any other jurisdiction, if any, and if different from the above.

 

The simplest and most effective way of requesting clarification or making any type of complaint, suggestion or comment is to send an e-mail to reservas@benalmadenabeach.com.

 

By accessing and using this website, you accept these terms of use.

 

Copyright. ZARIQUEGUI HOSTELERÍA, S.L. All rights reserved and registered. Total or partial reproduction is prohibited.

8. HOTEL POLICY

The following are the policies of the Benalmadena Beach Hotel in relation to bookings made by users or clients, regardless of the channel they come from. These policies apply to all customers staying at and visiting the Benalmadena Beach Hotel.


 

8.1 Check-in is from 3 pm onwards, and check-out is 12 midday, except for bookings made on the website, in which case check-out may be extended until 3 pm, subject to availability.


 

8.2 Pets are not admitted


 

8.3 Smoking is strictly forbidden in the rooms and common areas of the hotel. Guests are hereby informed that smoking in the rooms and/or common areas will incur a cleaning charge of 100 euros which must be paid on checkout, or which will be charged to the card used to pay for the booking. Smoking is only allowed on the outdoor terraces identified as Smoking Area and on room terraces or balconies.


 

8.4 Guests are hereby informed that access and common areas of the establishment are under video surveillance, for which Zariquiegui Hostelería S.L. is responsible, for which rights of protection may be exercised before Zariquiegui Hostelería S.L. For more information about the treatment of your personal data, please do not hesitate to contact us.


 

8.5 For information regarding our privacy and data protection policy please visit our website https://clientes.prodat.es/privacidad/MLG/MADI.


 

8.6 Initial access to the car park can be made from 2 pm onwards and departure must be made before 12 midday, or 3 pm in the event the booking was made via our website and check-out was extended. Access to / departure from the car park outside these times is also subject to availability and may incur extra charges. The hotel will not be held responsible for any damage caused to vehicles inside or at the entrances and exits to the car park.


 

8.7 Children will be understood as persons under 12 years of age, including those who turn 12 on the day of departure (if they turn 12 during their stay, they will not be considered children). That said, children aged between 0 and 5 years will not be charged when sharing a bed or using a cot (cots are available on request and subject to availability).


 

8.8 The hotel will not be held responsible for belongings deposited in the room or in cars parked in the hotel car park. The hotel will only be responsible for effects kept in the safe in each room and only if these have been locked with the belongings inside.


 

8.9 Please note that for bookings of 4 or more rooms, special cancellation and payment policies may apply.


 

8.10 By making a booking you expressly consent to Zariquiegui Hostelería S.L. / Hotel Benalmadena Beach being able to use, in the future and as a guarantee of payment, the card requested at the time of booking or the card you have used to make the payment for the booking in the following scenarios: late cancellation, with the resulting extra charge, in the event the booking rate conditions so establish, no-show at the establishment, possible damage made to rooms or hotel facilities, and any other pending charges relating to the stay. In the event the person making the booking is not the person staying at the establishment, and the former wishes that another credit card be used to cover these scenarios, please contact us, otherwise the card used for the booking or payment will be used.


 

8.11 The opening times and dates for swimming pools, restaurants, bars, gymnasium, game room, etc. are subject to changes due to occupancy, season, hotel availability and hotel operations.