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Terms & General Conditions

Please note that the English translation of the Spanish original Términos y condiciones generales is a courtesy translation only. The original Spanish version shall be binding.

Last update: 09.12.2023

Boutique Hotel Cortijo El Sarmiento
Camino de Gatar, 2
04638 Mojácar (Almería)

CIF: ESB54744016

§ 1 Scope of application

(1) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.

(2) The subletting or re-letting of the rooms provided and their use for purposes apart from accommodation requires the prior written consent of the hotel.

(3) The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

§ 2 Conclusion of contract, partners, limitation period

(1) The contract is concluded upon acceptance of the customer’s booking by the hotel. This means that a hotel accommodation contract is already concluded with the customer’s telephone reservation and the hotel’s verbal confirmation of the booking. The hotel is free to confirm the room booking in writing.

(2) The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract.

(3) All claims against the hotel shall generally become time-barred one year after the commencement of the regular limitation period based on knowledge. Claims for damages shall become statute-barred after 5 years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

§ 3 Services, prices, payment, offsetting

(1) The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

(2) The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services utilized by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.

(3) The agreed prices include the respective statutory value-added tax. If the duration between the conclusion and fulfilment of the contract exceeds 6 months and the hotel standard pricing for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but not exceeding 5%.

(4) The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the length of the guest’s stay, and the hotel agrees to this.

(5) Hotel invoices, including those without a due date, are payable net immediately upon receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 4% or, in the case of legal transactions in which a consumer is involved, 4% above the base interest rate. The hotel reserves the right to prove higher damages.

(6) The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, following the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

(7) The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

§ 4 Withdrawal by the customer (cancellation) / non-utilization of the hotel’s services (no-show)

(1) Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If no such information is provided, the agreed price from the contract must be paid, even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the hotel’s obligation to respect the rights, legal interests, and interests of the customer. The customer can no longer reasonably be expected to adhere to the contract as a result, or is otherwise entitled to a statutory or contractual right of cancellation.

Our cancellation policy in detail:

  • Refund up to 14 days before arrival:
    50% of the entire accommodation amount
  • Refund from 14 to 1 day before arrival:
    no refund possible

(2) If the hotel and the customer have agreed in writing on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation in writing to the hotel by the agreed date unless there is a case of cancellation by the customer according to para. 1 sentence 3.

(3) The customer is free to demonstrate that the above-mentioned claim has not occurred or has not occurred in the amount claimed.

§ 5 Cancellation by the hotel

(1) If the customer’s right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are inquiries from other customers for the contractually booked rooms. And, if the customer does not waive his right of cancellation upon inquiry by the hotel.

(2) If an agreed advance payment or an advance payment is demanded following § 3 para. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

(3) Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example, if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract. Furthermore, if rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose. Or, if the hotel has justified reasons to believe that the use of the hotel’s services may endanger the smooth operation, security, or public reputation of the hotel without this being attributable to the hotel’s sphere of control or organisation; there is a breach of § 1 para. 2.

(4) In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.

§ 6 Room provision, handover, and return

(1) The customer shall not acquire any claim to the provision of specific rooms.

(2) Booked rooms are available to the customer from 4:30 pm on the agreed day of arrival.

(3) The customer is not entitled to earlier availability.

(4) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 am. at the latest. Thereafter, the hotel may charge the customer due to the late vacating of the room for its use beyond the contract period. This shall not result in any contractual claims for the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

§ 7 Liability of the hotel

(1) The hotel shall be liable for its obligations under the contract with the diligence of a decent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body, or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equal to a breach of duty by the hotel. If any disruptions or defects arise in the hotel services, the hotel shall make every effort to rectify them upon gaining knowledge of them or upon prompt complaint by the customer. The customer is obliged to contribute to a reasonable extent to resolve the disruption and minimise possible damage.

(2) The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of €3,500.00, and for money, securities and valuables up to €800.00. Money, identification papers and documents, and valuables up to a maximum value of €2,500 may be stored in the hotel or room safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction, or damage. The above paragraph 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.

§ 8 Special provisions

(1) Breakfast is included in the room rate (unless otherwise stated in the rate description). Taxes are also included in the room rate.

(2) All food and drinks served outside breakfast time (9:00-10:30 h) and food and drinks taken from our Honesty Bar by the customer are not included and will be charged at the end of the stay.

(3) Adults Only in the hotel means that all guests must be at least 16 years of age at the time of check-in. If the entire hotel is booked by one customer, the minimum age does not apply. The duty of supervision for minors lies with the legal guardians/chaperones. The hotel is generally not suitable for children.

(4) Pets are not permitted in the hotel.

(5) It is not permitted to bring or consume food or drinks prepared or purchased outside the hotel. The hotel accepts no liability for hygiene, vermin infestation, damage to health and other consequences of the consumption and storage of food and drinks brought into the hotel. The customer will be charged for the removal of waste/leftovers and additional cleaning costs on departure.

(6) Check-in is from 16.30h to 19.00h (other schedules before consultation only)

(7) Check-out is from 9.00h to 11.00h

§ 9 Final provisions

(1) Amendments or additions to the contract, the acceptance of the application, or the terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

(2) The place of fulfilment and payment is the registered office of the hotel.

(3) The exclusive place of jurisdiction for commercial transactions is the registered office of the hotel.

(4) Spanish law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.