1. Introduction

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 www.swissholidaysapartment.com. The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access www.swissholidaysapartment.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 swissholidaysapartment, without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.

2. USE OF THE NH PRE-BOOKING AND ONLINE BOOKING SERVICES

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. 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 swissholidaysapartment 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 swissholidaysapartment 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 US, 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.

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).

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, WE 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.

These clauses do not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.

f. 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.

g. Prices per room and night.
Prices are valid only in writing and for the period specified. WE 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.

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.

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:

• The day before the user leaves the swissholidaysapartment hotel, they will receive an e-mail or text message from US, where they will be given a link to the General Conditions in this section 3. The acceptance of this section 3 implies authorizing, in your name or in the name of the other accompanying users, access to the information related to your stay at the NH hotel, as well as consenting to the rest of the content in the above-mentioned section.
  The user must have accepted these conditions in order to be able to check out online.
• Once the user is on the Online Check-out form, they will be able to see all the information related to their stay at the NH hotel: number of nights booked, number of guests, arrival and departure date, billing information, and total amount to be paid for the services provided (price, value-added tax, and applicable fees broken down).
• Users may use the Online Check-out up to 12 p.m. on their day of departure from US; otherwise, they will have to check out at the swissholidaysapartment reception

3.2 Payment in the Online Check-out process

a. The Online Check-out form indicates the total price that the user must pay for their stay.

b. The price showing on the Online Check-out form shall be the price corresponding to the procurement by the user of the services provided by NH (plus VAT and applicable taxes) and, where applicable, additional costs that the user may have incurred from the day of their arrival at the swissholidaysapartment.com until the day of their departure from the Hotel.

c. Additional costs are deemed to be all those services used by the user during their stay in the hotel and which were not included in the initial booking that they made for the room (including but not limited to: breakfast if this is not included in the initial price, lunch or dinner in the hotel restaurant, purchase of products from the mini-bar, car parking in the hotel car park, etc.) (hereafter, “Additional Costs”)

d. In the event that the user has incurred (i) additional costs not known to NH at the time of accepting the Online Check-out or (ii) additional costs incurred after has sent confirmation of the Check-out, NH will issue a new invoice to the user in order to recover these Additional Costs.

3.3. User authorization for collection of payment by NH at the time of Online Check-out

a. Collection of payment of the amount shown on the Online Check-out form will be made automatically by us when the user clicks on the “Accept Online Check-out” button.

b. By accepting these General Terms and Conditions, the user expressly authorizes swissholidaysapartmen to automatically take payment for the provision of its services using the details of the bank card provided by the user when making the hotel room booking. WE shall inform the user of the exact amount that will be taken before it is taken (this information is specifically shown on the Online Check-out form).

c. we shall retain the details of the user's bank card for the period necessary to verify that the additional costs incurred by the user after having completed the Online Check-out are completely covered. WE shall therefore retain these details for the sole purpose of being able to take payment for the additional costs incurred by the user up to their departure from the Hotel but which were not paid for at the time of Online Check-out.

d. Once we has verified that the user has paid for all the services used, we shall, where appropriate in compliance with the legal obligations required of it, delete all details of the user's bank card. In this way, if the user procures the services of NH again, they will have to provide their bank details again.

e. The user declares that they are the holder of the bank card that they provided for payment of the services provided by us and/or that it is from a third party who has expressly authorized the user for use for the same.

3.4. Possible errors or changes to Online Check-out invoicing information.

a. In the event that the invoicing information appearing on the Online Check-out form is incorrect or if the user wishes to make changes to this information, they will have to go directly to the hotel reception so that they can rectify the errors or make the requested changes.

b. In this event, payment will be made at the swissholidaysapartment reception itself.

3.5. Obligations and responsibilities of the user in relation to the Online Check-out process

a. The user guarantees that the personal and invoicing details provided to swissholidaysapartment are accurate, exact, current and complete and accepts responsibility for informing NH of any change to them so that they can take the corresponding payment.

b. In the event that we can prove that the user has committed fraudulent practices relating to the use of the bank card for payment of the services provided using the Online Check-out process, we reserves the right to initiate any legal action that rightfully applies.

c. The user undertakes to strictly comply with the Online Check-out process and with the obligations set out in these Special Conditions.

DATA PROTECTION

This section gives information on data processing as it relates to making reservations and pre-reservations.
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.

8. SAFEGUARDING THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT

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.
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.

July 2018