GENERAL TERMS AND CONDITIONS OF CONTRACT
This contractual document will govern the booking of hotel rooms through the website www.laorza.com, owned by RESTAURANTE LA ORZA S.L., under the trade name LA ORZA DE ÁNGEL, hereinafter referred to as the PROVIDER, whose contact details are also available in the Legal Notice of this website.
These Terms and Conditions will remain published on the website for the USER to reproduce and save them as confirmation of the contract and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as the applicable ones will be those in effect at the time of placing orders.
Contracts will not be subject to any formalities, except as expressly stated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
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Has read, understands, and comprehends the contents herein.
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Is of legal age and has full capacity to enter into contracts and make reservations.
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Accepts all obligations set forth herein.
These terms and conditions will have an indefinite validity period and will apply to all bookings made through the PROVIDER's website.
The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it offers its services (Spain) and reserves the right to unilaterally modify the terms, without affecting the goods or promotions contracted before the modification.
The establishment's details are those listed in the Legal Notice published on this website.
Identity of the Contracting Parties
On one hand, the PROVIDER of the hotel room booking service, contracted by the USER, is RESTAURANTE LA ORZA S.L., with registered address at AVDA. DR. CORACHÁN, S/N - CHIVA - 46370 - VALENCIA, NIF B96487244, and customer service phone number 962522194.
On the other hand, the USER is responsible for the accuracy of the personal data provided to LA ORZA DE ÁNGEL and does not need to register on the website to contract our services (book accommodation).
The USER shall be understood as the individual or legal entity completing the booking process, whether for themselves, other guests, their employees, etc., as well as, for the purposes of these General Terms and Conditions of Contract (GCC), the individuals who stay at the Establishment as a result of the Booking (hereinafter, “the USER”).
Additionally, USERS are reminded that if they provide personal data of third parties, they guarantee, in their own name and in any capacity they hold or claim to hold, that they are legitimately authorized to provide such data and have informed the interested parties of such disclosure, complying at all times with the current legislation. The USER shall be liable to RESTAURANTE LA ORZA S.L. and competent authorities if this is not the case, as the data does not belong to their rightful owners. In these cases, the USER releases RESTAURANTE LA ORZA S.L. from any liability concerning the non-compliance with this obligation.
Furthermore, by making the Booking, the USER acknowledges having read and accepted the Legal Notice, Privacy Policy, and other published documents related to the booking contract or the protection of their personal data. This is without prejudice to the requirement to expressly accept such notices and conditions to complete the Booking.
Object of the Contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the latter accepts, during the online contracting process, the booking of a hotel room for temporary accommodation.
The contractual relationship for booking accommodation involves the provision of a hotel room for a limited time, in exchange for a specified price, publicly displayed on the website. Additional services must be contracted at the time of booking.
Booking Procedure
To access the services or products offered by the PROVIDER, the USER must be of legal age, have sufficient capacity to formalize the booking, and provide the requested information. Consequently, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR), and Organic Law 3/2018 of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
The USER must access the ACCOMMODATION BOOKING section on the website and follow the instructions to make the booking. As required by Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the booking procedure will follow these steps:
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General booking terms.
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Activation of bookings.
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Right of withdrawal (cancellations).
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Complaints and online dispute resolution.
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Force majeure.
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Competence.
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Generalities of the offer.
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Price and validity period of the offer.
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Language.
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Transport costs.
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Payment methods, expenses, and discounts.
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Purchase process.
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Severability and suspension or termination of the contract.
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Warranties and returns.
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Applicable law and jurisdiction.
1. GENERAL BOOKING TERMS
Unless otherwise stipulated in writing, making a booking with the PROVIDER implies the USER's acceptance of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF BOOKINGS AND PAYMENT
The PROVIDER will inform the USER in advance about the procedure to follow to make the booking.
The automatic availability and pricing calculation system allows the USER to select the desired room and immediately pay the price online.
The PROVIDER will not reserve the accommodation until payment has been verified. Once payment is confirmed, the PROVIDER will contact the USER via email to confirm the booking, provided availability has been confirmed.
Online Bookings
The process for formalizing online bookings will be as follows:
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Availability: Search for dates, select room type and number of guests.
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Input personal data, accept general terms and conditions, provide card details, and pay via TPV gateway.
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Provide specific conditions applicable to the selected room or service, if any.
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Booking confirmation and payment.
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After completing the booking, the Customer will receive a "Booking Confirmation with locator number" via email along with the GCC provided during the booking process.
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Unless otherwise specified in the tariff conditions, the booking will not be considered final until payment is made.
Bookings on Request
For services that can only be booked upon request, unless otherwise stated in the tariff conditions, merely requesting availability does not imply a confirmed booking. This will depend on meeting the requirements specified on the page where the request is made and effective confirmation by the Establishment.
Errors in the Process
Any errors in entering data during the booking process can be corrected using the "back" button in the browser. Additionally, the Booking Confirmation will summarize the booking details (also in the email sent to confirm it). If errors are detected, the USER must request immediate corrections by emailing reservas@laorza.com.
Non-performance of the Distance Contract
If the contract cannot be performed because the accommodation is unavailable within the specified 30-day period, the USER will be informed of the lack of availability and may cancel the booking, receiving a full refund at no cost, without any liability for damages attributable to the PROVIDER.
In case of unjustified delay in refunding the full amount by the PROVIDER, the USER may claim twice the owed amount, without prejudice to their right to compensation for damages exceeding that amount.
The PROVIDER will not be held responsible if the service activation is not carried out due to false, inaccurate, or incomplete data provided by the USER.
3. CANCELLATIONS (Right of Withdrawal)
Right of withdrawal: The right of withdrawal does not apply to the booking of accommodation services, in accordance with Article 103, letter l), of the Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
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The provision of accommodation services for purposes other than serving as housing, transport of goods, vehicle rentals, food, or services related to recreational activities, where the contracts specify a date or period of execution.
However, in order to provide the most complete service possible, if the reservation is canceled more than 15 days before the arrival date (which implies there is sufficient time for this), the PROVIDER will refund 100% of the reservation amount. If the reservation is canceled within 15 days prior to the arrival date, the total reservation amount (100%) will not be refunded.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER deems appropriate will be addressed as soon as possible and can be made through the following contact details:
LA ORZA DE ÁNGEL
AVDA. DR. CORACHÁN, S/N - CHIVA - 46370 – VALENCIA
Phone: 962522194
E-mail: laorza@laorza.com / reservas@laorza.com
In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. If no accommodations are available, the PROVIDER will refund the total amount paid.
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and LA ORZA DE ÁNGEL, without the need to resort to the courts. This process involves the intervention of a third party, known as the Dispute Resolution Body, which acts as a neutral intermediary between the parties. This body is impartial and will engage with both parties to reach an agreement, potentially suggesting and/or imposing a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not be held liable for any failure due to force majeure. The fulfillment of the obligation will be delayed until the end of the force majeure event.
6. COMPETENCE
The USER may not assign, transfer, or transmit the contracted rights, responsibilities, and obligations.
If any provision of these conditions is deemed null or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or altered in any way.
The USER declares to have read, understood, and fully accepted these General Terms and Conditions.
7. GENERAL TERMS OF THE OFFER
The details of each reservation, such as accommodation and, where applicable, meal plans, are provided to the USER in the respective description on the website.
All bookings made with LA ORZA DE ÁNGEL are subject to these General Terms and Conditions.
No modification, alteration, or contrary agreement to the Commercial Proposal of LA ORZA DE ÁNGEL or stipulated herein will be effective unless expressly agreed in writing and signed by LA ORZA DE ÁNGEL. In this case, such specific agreements will prevail.
Due to continuous technical advancements and product improvements, LA ORZA DE ÁNGEL reserves the right to modify its specifications regarding the information provided in its advertising, provided it does not affect the value of the services offered. These modifications will also be valid if, for any reason, the ability to supply the offered services is affected.
As these General Terms and Conditions may be modified at any time, the USER's request and processing of bookings on the website imply full and unconditional acceptance of the Legal Notice and Privacy Policy of the website, along with these General Terms and Conditions, in their latest version, without prejudice to the specific conditions of bookings available and applicable during the booking process. Therefore, it is advised that the USER reads these terms before requesting or confirming a booking and each time they access the website, as the Establishment reserves the right to change, modify, add, or remove parts of these General Terms and Conditions at any time. Modifications to the General Terms and Conditions will never affect bookings made prior to such modifications.
Check-in and Check-out
Room check-ins will be from 16:00 onwards.
Room check-outs must be completed by 12:00.
Check-in: At our hotel located at AVDA. DR. CORACHÁN, S/N - CHIVA - 46370 - VALENCIA.
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Accommodation will not be available before 16:00.
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For early arrivals, guests may call in advance to leave their luggage at the reception.
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For arrivals after 20:30, guests must notify by phone if this has not been communicated during the booking process (Observation section).
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Arrivals later than 24:00 are not accepted unless previously agreed upon.
Upon arrival at the hotel and in compliance with current legislation, the USER must present the reservation document, and all occupants of the accommodation will be identified.
The room is delivered clean. Bath towels are included in the reservation price.
Check-out: Check-out time for accommodations is until 12:00. Guests must return the keys at reception and notify their departure for it to be registered.
Additional services
If the USER wishes to hire an additional service, it must be done after the reservation, either via email or phone, or once at our facilities. Under no circumstances can the reservation be canceled due to the inability to provide the extra service requested.
Pets are NOT allowed in our accommodation; authorization must be requested from LA ORZA DE ÁNGEL at the time of booking.
USER responsibilities
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The USER agrees not to use the room for parties or to make noise. Under no circumstances is it allowed to exceed the maximum occupancy of the accommodation.
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The use of electricity and water must be rational.
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It is forbidden to hang towels and clothes on the balcony railings.
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Children must always be accompanied by their parents and remain under their responsibility.
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LA ORZA DE ÁNGEL will not be held responsible for any direct or indirect damage caused as a result of improper use of the accommodation, including but not limited to: damage, losses due to fire, theft, crime, accidents, or other types of damage.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each reservation include Value Added Tax (VAT).
Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, shipping costs, handling, packaging, or any other additional services ancillary to the acquired service.
The prices applicable to each room are those published on the website and will be expressed in the EURO currency. The USER acknowledges that the economic valuation of some services may vary in real time. Prices may change daily unless the reservation is finalized.
Any payment made to LA ORZA DE ÁNGEL entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the USER making the reservation or the corporate name they provided at the time of placing the order. This invoice will be delivered to the USER upon completion of the stay and payment of the contracted services. If they wish to receive it via email, they must request it through any of the means made available by the PROVIDER, being informed that they can revoke this decision at any time.
For any information regarding the reservation, the USER can contact LA ORZA DE ÁNGEL’s customer service phone number at 962522194 or via email at laorza@laorza.com or reservas@laorza.com.
If the USER wishes to modify the reservation and the chosen modality allows it, they must adhere to the availability conditions, price, additional services, etc., that the Establishment has at that time.
9. LANGUAGE
As a general rule, the GTCs and the formalization of the reservation will be drafted in Spanish, although they may also be translated into other languages (national or foreign).
In case of discrepancies, the Spanish version will always prevail over translations made into other languages.
10. TRANSPORTATION COSTS
No transportation costs apply.
11. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for financial transactions and enables the following payment methods for reservations:
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By credit or debit card via the REDSYS payment gateway.
You must check if the payment platform accepts your card.
During the purchase process, when you complete the order and click on the payment option, you will be redirected to the payment platform’s website.
To make payments, you may or may not need to have an open account. When making the payment, you will be asked whether to pay via an account or by credit/debit card. If you choose the latter, you will only need to provide the requested details (card number, expiration date, and security code) through the secure server of said platform.
RESTAURANTE LA ORZA S.L. NEVER ACCESSES THESE DETAILS.
Promotions and offers will only be valid while they remain accessible to service recipients.
Security Measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all to prevent unauthorized access to the data. For these purposes, the USER agrees that the PROVIDER obtains data for the corresponding authentication of access controls.
The PROVIDER commits not to allow any transaction that is or is deemed illegal by credit card brands or the acquiring bank, which could damage their goodwill or negatively influence them.
The following activities are prohibited under card brand programs: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.
12. PURCHASE PROCESS
The USER must select the check-in and check-out dates, the number of guests (adults and children), the type of room, and any extra services chosen (if this option is enabled) and add them to the cart.
In the cart, only the selected services, quantity, price, and total amount will be displayed.
Once the cart is saved, taxes, charges, and discounts will be calculated based on the entered data.
Carts have no administrative binding; they are simply a section where a budget can be simulated without any commitment from either party.
From the cart, an order can be placed by following these steps for proper formalization:
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Verification of billing information.
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Verification of the reservation (dates, services, etc.).
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Selection of the payment method.
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Placing the order (reservation).
Once the reservation is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the reservation.
Within a maximum of 24 hours on business days, an email will be sent to the USER confirming the reservation status and all pertinent information.
The email will specify the description and characteristics of the reservation, as well as the most important terms and conditions.
13. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or unenforceable for any reason, that condition will be considered separable and will not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including but not limited to the USER’s failure to comply with any of the obligations set out in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.
14. GUARANTEES AND RETURNS
The guarantee of the services offered will adhere to the following articles based on Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
Conformity of services with the contract
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Unless proven otherwise, it will be understood that the services conform to the contract if they meet all the following requirements, unless, due to the circumstances of the case, some of them are not applicable:
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They match the description provided by LA ORZA DE ÁNGEL.
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They are suitable for the uses ordinarily intended for services of the same type.
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They are suitable for any special use required by the USER, when such use was made known to LA ORZA DE ÁNGEL at the time of the contract, provided that LA ORZA DE ÁNGEL acknowledged that the service is fit for such use.
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They exhibit the quality and performance normally expected of services of the same type, considering their nature and, where applicable, the descriptions of the specific characteristics of the services made by LA ORZA DE ÁNGEL.
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LA ORZA DE ÁNGEL may describe the details, technical characteristics, and photographs of the rooms but is not bound by these public statements.
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A non-conforming service will be equated to a lack of conformity with the contract, provided that the responsibility lies with LA ORZA DE ÁNGEL or is under their responsibility. Conversely, if the non-performance is due to negligence or malpractice by the USER, it will not be considered a breach by LA ORZA DE ÁNGEL, and the terms of the contract will be deemed fulfilled.
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LA ORZA DE ÁNGEL will not be held responsible for non-conformities that the USER knew or could not have ignored at the time of the contract or that originate from information provided by the USER.
Responsibility of LA ORZA DE ÁNGEL
The PROVIDER is responsible to the USER for any non-conformity existing at the time of delivering the room. LA ORZA DE ÁNGEL acknowledges the USER’s right to have the service repaired, replaced, to receive a price reduction, or to terminate the contract.
Repair and replacement of accommodation services
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If the room does not conform to the contract, the USER may choose to demand repair or replacement, unless one of these options is impossible or disproportionate. Once the USER communicates their choice to LA ORZA DE ÁNGEL, both parties must comply. This decision by the USER is without prejudice to the cases where repair or replacement fails to bring the service into conformity with the contract.
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A remedy will be considered disproportionate if it imposes costs on LA ORZA DE ÁNGEL that are unreasonable in comparison to the other remedy, taking into account the value the service would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without major inconvenience to the USER.
Repairs and replacements will adhere to the following rules:
- The USER will not bear the costs necessary to rectify the lack of conformity of the contracted services.
- They will be carried out within a reasonable time and without major inconvenience to the USER, considering the nature of the services and their purpose for the USER.
- If, after the repair and delivery of the accommodation, it remains non-conforming with the contract, the USER may demand replacement, a price reduction, or termination of the contract.
- If replacement does not achieve conformity with the contract, the USER may demand repair, a price reduction, or termination of the contract.
Price reduction and termination of the contract
The USER may choose a price reduction or contract termination when repair or replacement is not feasible and in cases where they have not been carried out within a reasonable time or without major inconvenience to the USER.
Termination will not proceed when the lack of conformity is of minor significance.
Criteria for price reduction
The price reduction will be proportional to the difference between the value the service would have had at the time of delivery if it had conformed to the contract and the actual value of the delivered service at the time of delivery.
Deadlines
Unless proven otherwise, the delivery is understood to occur on the date indicated in the reservation.
The USER must inform LA ORZA DE ÁNGEL of the lack of conformity as soon as they become aware of it or, at the latest, upon completion of their stay.
Unless proven otherwise, it will be understood that the USER’s communication occurred within the established deadline.
15. APPLICABLE LAW AND JURISDICTION
These terms will be governed or interpreted in accordance with Spanish legislation in all matters not expressly established. LA ORZA DE ÁNGEL and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Terms to the courts of the USER’s domicile.
If the USER resides outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body, which will act as an intermediary between them according to Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to courts. For more information, see the clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms.