General conditions

1. Introduction

The purpose of this document is to regulate the TERMS or GENERAL CONTRACTING CONDITIONS of the Pre-Booking and Online Booking services (henceforth, and interchangeably, the Pre-Booking and Online Booking services, or the services) of the establishment “THE PASSAGE” with address at Calle Garibai no. 23, 20004 Donostia-San Sebastián owned by LORD REAL ESTATE BV Sucursal en España, with address in Madrid, Padre Xifré no. 5 – Mezzanine, registered in the Trade Registry of Madrid, in Volume 35.162, Section 8, Folio 19, sheet no. M-632281, and Company Tax No. W-0039666-C (henceforth, LORD) Tel. 697414552 and email address reservas@thepassage.es. The activity carried out at the establishment “The Passage” was registered in the Registry of Companies and Tourist Companies of the Basque Country (REATE) with the following identification number in the registry: TSS00125.

The Terms “You” and “User” are used here to refer to all individuals and/or entities who, for any reason, access www.thepassage.es or use the services.

The use of these services will entail the full and unreserved acceptance, and the validity, of all the Terms and/or General Conditions, which will be considered to have been automatically incorporated into the contract that is signed with LORD, without requiring a written transcription in it- and which are included in the last updated version of these Terms and/or General Conditions.

These conditions shall apply without prejudice to the application of the legal regulations on the matter that apply in each case.

The General Contracting Conditions regulate the distance sales relationship between LORD and the user or client, in accordance with the legal stipulations, especially, Law 7/1998, of 13 April, on the General Contracting Conditions, Law 3/2014, of 27 March amending the restated text of the General Law for the Protection of Consumers and Users, Organic Law 3/2018 on Personal Data Protection and the guarantee of digital rights, of 15 January on the Regulation of Retail Trade and Law 34/2002 of 11 July, on  the Law on Information Society Services and Electronic Commerce.

Contracting will be carried out in accordance with the conditions and information supplied on the website www.thepassage.es through which the booking and subsequent contract is carried out.

LORD reserves the right to make the modifications it deems appropriate, without prior notice, to the General Conditions. These modifications can be made, through its website, in any way allowed in law and will be obligatory during the time they are published on the website and until they are validly modified by other subsequent modifications.  However, LORD reserves the right to apply, in specific cases, Specific Contracting Conditions, which take priority over these General Conditions, when it deems so relevant, announcing them in good time and in an appropriate manner.

LORD makes every effort, within its means, to offer the information contained on the website in a truthful way and without typographical errors.  In the event that any error of this kind occurs, at all times outside the control of LORD, it will immediately be corrected.

The content of the LORD website may, sometimes, display provisional information about some products. If the information provided does not correspond to the characteristics of the product, the buyer will have the right to cancel their purchase free of charge.

2. USE OF THE PRE-BOOKING AND ONLINE BOOKING 

2.1 Pre-Booking Services

The Online Pre-Booking services are purely for information purposes; their purpose is solely to offer the user the chance to consult the availability of an apartment in the establishment. Within 24 hours the user will receive an email confirming if their booking has been made, therefore the services will only be binding once they have been accepted by LORD through confirmation of the booking via email and payment of it by the user.

The user must verify confirmation of the booking and immediately notify LORD in writing of any error.

2.2. Online Booking Services

1. The purpose of online booking services is to book an apartment at the LORD establishment. The use of these services will entail the full and unreserved acceptance, and the validity, of all the terms or general conditions, which will be considered to have been automatically incorporated into the contract that is signed with LORD, without requiring a written transcription in it- and which are included in the last updated version of these terms and/or general conditions.

2. Contracting procedure: By using the service will receive a confirmation email which will include the confirmation that their purchase order is in the process of being confirmed. If you are a consumer, once the charge corresponding to your booking has been made, you will receive an email confirming it, this email serves as a receipt of your booking. The credit card used in the booking may be requested upon arrival to verify that the data provided is correct. The owner of the credit card must be present at that point.

3. Guarantee: The booking is confirmed and guaranteed with a credit card. If it is not presented at the establishment without advance notice, the full amount of the booking (VAT and fees included) will be charged.

4. Termination of the contract and compensation for booking cancellation: The credit card is only a means of guarantee. The cancellation of bookings by the user will not result in the early cancellation costs, provided that it is carried out more than 5 days in advance of the arrival date of the booking. Following that threshold, LORD will charge, as compensation, the full amount of the booking (VAT and fees included).

In accordance with what is stipulated in Law 3/2014, of 27 March amending the restated text of the General Law for the Protection of Consumers and Users, the supplies of services or goods produced in accordance with the specifications of the consumer or clearly personalised, or that, due to their nature, cannot be returned or may be damaged or quickly expire, are exempt from withdrawal.

If arrival is after 18:00 guests must check in online before 16:00 on the day. To do this, you will be sent a link and instructions.

Any modification to a confirmed booking must be requested in writing signed by the holder of the booking which should be sent via email to reservas@thepassage.es.

The change, if possible, will be accepted in writing via reservas@thepassage.es. This change will be governed by the booking conditions of your fare. If the modification results in an increase/reduction in the value of the stay due to an increase/reduction of days or due to a modification of the arrival and departure dates that entails a rate change, the price that will apply to the modified dates will be the one in force at the time of the modification.

Once the reserved stay has begun, leaving it before the date contracted will not result in the right to any discount or refund.

Any cancellation of your booking will be governed by the cancellation policy chosen at the time you made your booking. In particular, cancellations or modifications of dates or modifications with a reduction in the number of nights of a booking (or services/experiences linked to it) made within the 5 days before arrival may result in the full amount of the booking being charged.

5. Policy on minors.

Minors under the age of 18 must stay in the establishment accompanied by their parents, guardians or adults who are duly authorised by the former. The staff at the hotel may request the relevant documentation identifying the adults as parents/guardians or authorised people.

6. Prices per apartment and night.

Prices are only valid in writing and during the period that is indicated. When there are justifiable reasons, LORD reserves the right to modify these fares without prior notice.

Prices relating to the booking will be outlined to you during the booking process. VAT is applied to prices, without prejudice to the possibility of additional taxes also being applied, in accordance with the current local regulation. The aforementioned local taxes must be paid directly at the establishment.

Prices displayed at the time of the booking include VAT (or the equivalent tax) in accordance with the tax rate applicable at the time.

If the tax rate changes between the booking date and the date of the delivery of the services, creating a disparity, in accordance with tax regulations, the tax rate applied to the final price will be that corresponding to the time of the delivery of services or the accumulation of tax, even in cases where this results in an increase in relation to the end price indicated to the client during the booking.

2.3 The user undertakes to use the services in accordance with the Law, morality, good customs and public order, as well the provisions of these Terms and/or General Contracting Conditions. Consequently, they are obliged to not use the services, for ends or purposes that are unlawful and/or contrary to what is established in these Terms and/or General Contracting Conditions, harmful to the rights and/or interests of third parties or that could, in any way, damage the services, LORD and/or its image.

In particular, it is highlighted that:

1. It is forbidden to smoke in the apartments and the rest of the building. If this regulation is breached, an amount of up to 300 Euros will be imposed to cover the cleaning costs of the apartment, and in particular the cleaning of upholstery, curtains and quilts. 

2. Pets and accompanying animals are not permitted.

3. Parties or music at a high volume are not permitted in apartments. If other guests or residents in surrounding buildings complain and/or call the police, this may result in an immediate eviction regardless of the time of day or night.

4. Nobody other than the people listed in the booking is permitted to enter the apartment. 

After the stay, the apartment, and the kitchen in particular, must be returned by the guest in a similar state of tidiness and cleanliness to that found on entering the apartment, with clean dishes, cutlery and kitchenware. Guests are responsible for taking out rubbish produced by them. If they do not do so, an extra cost of up to 100 Euros will be charged, which can be paid by the guest or deducted from the deposit 

The breach of this commitment, as well as possible damage caused to the apartment or building, will result in the loss of the deposit without prejudice to additional liability that is not covered by the amount of the deposit. 

It is not permitted to occupy an apartment with a larger number of people than declared when making the booking. If it is necessary to accommodate more people, The Passage should be notified and the rental conditions may be modified.

All children, regardless of age, count in terms of calculating the maximum capacity of the accommodation, this capacity, adding adults and children, can never be exceeded.

In the event of the breach of any of these two conditions, The Passage reserves the right to demand the immediate eviction of the apartment and the termination of the contract, without the client being able to request damages or compensation of any kind for the enforcement of this measure and the client will be obliged to pay pending rent if there is any.

2.4 LORD can, for greater flexibility and to benefit users, unilaterally modify, at any time and without prior notice, the services provided, and the conditions regarding operativity, techniques and the use of services. Likewise, users, with the aim of improving the service and establishing an optimal level of quality, the ultimate objective of LORD, can suggest modifications that they deem useful, by contacting the managers of the page via the email address: reservas@thepassage.es

2.5 Articles 15 and 16 of Law 13/2016, of 28 July, on Tourism, which are transcribed below, are applicable:

Article 15. – Right of access to establishments. 

1. Establishments are considered public premises, access to them cannot be restricted on the grounds of race, sex, religion, beliefs, disability or any other personal or social circumstances that result in discrimination. The accessibility conditions will be determined by the legislation applicable to each type of establishment. Access to, and staying in establishment may be subject to compliance with usage regulations or internal rules.  Under no circumstances can these regulations contravene the provisions of this law and they should be displayed in a clearly visible way in entrances to the establishment. 

2. The owners of tourist companies or establishments can prevent people who breach any of the duties established in the following article from staying at their facilities. 

3. The owners of tourist companies and of establishments can request the assistance of authorities to evict people who disrupt public order or display violent or aggressive behaviour from an establishment  

4. The regulations on the admission of domestic animals in a tourist accommodation establishment must be displayed in a visible place in the establishment and on promotional information. In any case, in accordance with what is established in sectoral legislation, people with total or partial visual impairment must be able to enter the establishment accompanied by a guide dog or assistance. 

Article 16. – Duties of tourism users. For the purposes of this law, and without prejudice to what is established in other applicable legislation, people who use tourist services are obliged to: 

1. Respect the usage rules and internal rules of establishments and the particular rules of the places covered by the visit and tourist activities. 

2. Observe the rules on hygiene, manners, social coexistence, dress and the respect of people, institutions and customs for the appropriate use of different tourist services.  

3. Pay the price of the service contracted at the time of the presentation of the invoice or, where applicable, in the place, time and manner agreed, under no circumstances will making a complaint or claim provide an exemption from the obligation to pay, unless this has been agreed beforehand. 

4. Respect the environment, historical and cultural heritage and the tourist resources of the Basque Country. 

5. Respect the facilities and installations of tourist companies and establishments.

6. Comply with the booking regulations in accordance with the provisions of the applicable regulations and, in the case of the provision of accommodation services, respect the agreed departure date leaving the unit occupied free.

7. Treat the people who work to carry out tourist activity with respect and dignity. 

8. Not to assign to third parties their right to use the services contracted, unless it is permitted by the legal system or provided for in the contract.

3. DATA PROTECTION

This section presents information on the processing of your data in relation to making bookings and pre-bookings.

WHO IS CONTROLLER OF THE DATA OF THE HOLDERS?

• LORD REAL ESTATE BV SPANISH BRANCH, with address in Madrid, Padre Xifré no. 5 – Mezzanine, registered in the Trade Registry of Madrid, in Volume 35,162, Section 8, Folio 19, sheet no. M-632281, and Company Tax No. W-0039666-C (henceforth, LORD), Tel. 697414552 and email address protecciondedatos@thepassage.es 

• The Data Protection Officer (DPO): you can contact our DPO via the following means:

  • E-mail: protecciondedatos@thepassage.es  

  • Address: Padre Xifré no. 5 – Mezzanine, 28002, Madrid

Indicating in the reference “Data Protection Officer”.

FOR WHAT PURPOSE WILL LORD PROCESS THE PERSONAL DATA OF THE HOLDER AND FOR HOW LONG?

We inform you that the data provided by the Holder of the account is processed by LORD for the following purposes:

• Managing bookings and/or pre-bookings requested by users.

• Sending confirmation or documentation for the booking made.

• If consent is provided for it, sending commercial communications from LORD GROUP.

WHAT USER DATA WILL LORD PROCESS?

In order to correctly provide services, LORD will process the following categories of data:

• Identification data: name, surname, nationality, National ID No./Passport.

• Contact data: email address, telephone number.

• Transaction data for the goods and services of LORD GROUP: Products and services acquired or that you show interest in.

• Stay preferences.

• Economic, financial and insurance data.

• Other data: data provided by the interested parties themselves in open fields.

Data requested from the Holder is obligatory for the correct provision of the services and, therefore, the refusal to supply it will make it impossible to provide it. In cases where data is requested that is not obligatory, it will be indicated in the form.

In the event that the user provides the data of third parties, they state that they have their consent and undertake to provide them with the information contained in the Privacy Policy, exempting LORD from any responsibility in this regard. However, LORD can carry out periodic checks to verify this, adopting the corresponding measures of due diligence, in accordance with data protection legislation.

WHAT IS THE LEGITIMATION OF THE PROCESSING OF USER DATA?

The legitimation for the processing of your personal data will be the performance of the contract between the parties. In the case of sending commercial communications, it will be the consent of the holder.

Authorisations obtained for the purposes mentioned are independent therefore the user can withdraw consent for only one of them without affecting the others.

In order to withdraw consent, the User can contact LORD through the following channels: protecciondedatos@thepassage.es 

WHICH RECIPIENTS WILL THE USER DATA BE SHARED WITH?

The user data can be communicated to:

• Supplier companies of LORD, all devoted to the hotel sector, that need to have access to its data in order to correctly provide the selected services. 

STORAGE OF DATA

The personal data provided will be stored during the contractual relationship and, once it ends, during the limitation period of the legal actions that may derive from it.

With regard to the data for sending commercial communications, the data will be stored for as long as the user does not revoke the consent given. However, if you withdraw your consent, this will not affect the lawfulness of the processing carried out beforehand.

PROCESSING OF THIRD PARTY DATA

In the event that, at any point, the Holder provides the data of third parties, they state that they have their consent and undertake to provide them with the information contained in this clause, and also to inform LORD of any change or updating relating to it. 

RIGHTS OF HOLDERS IN RELATION TO THEIR DATA.

By sending a written message, at any time and free of charge, to the email address protecciondedatos@thepassage.es with the Reference “Data Protection”, attaching a photocopy of your identity document, you can exercise the following rights:

• Withdraw the consent granted for the processing and communication of your personal data.

• Obtain information about the existence or not of processing of your personal data.

• Access your personal data.

• Rectify inaccurate or incomplete data.

• Request the deletion of your data when, among other reasons, the data is no longer needed for the purposes for which it was collected.

• Limit the processing of data when any of the conditions provided in data protection legislation is met.

• In certain situations and for reasons relating to their particular situation, the interested parties can oppose the processing of their data.

• Request the portability of your data.

• Make a claim to the Spanish Data Protection Agency, through the following address: Calle de Jorge Juan, 6, 28001 Madrid, when you believe that the Controller has breached the rights that you are entitled to through data protection legislation.

The interested party can contact the Data Protection Officer of the Controller:

• E-mail: protecciondedatos@thepassages.es

• Address: Padre Xifré no. 5 – Mezzanine, 28002, Madrid

4. CORRECT USE OF THE CONTENT OF THE WEBSITE BY THE USER

4.1 LORD declares that the industrial property rights (Trademarks, trade names, etc.) that appear on this Website are owned by it and/or are legitimately exploited in accordance with agreements or user licenses, and are duly protected by existing Legislation on Industrial Property. The User is obliged to use the website in a diligent, correct and lawful way and, in particular, they undertake to not:
 

a) Delete, evade or manipulate the copyright, trademarks and other identifying data of the rights of LORD or of its holders incorporated into the content and/or products sold through the Website of LORD, as well as the technical protection mechanisms, digital fingerprints or any information mechanism that they may contain.

b) Use the content and, in particular, the information of LORD obtained through its Website to send advertising, communications for direct marketing purposes or for any other kind of commercial purpose, unsolicited messages targeted at a number of people.

c) Reproduce or copy, distribute, enable  public access through any form of public communication, transform or modify the content, unless there is authorisation from the holder of the corresponding rights or this is legally permitted.

d) In general, use the content in a way or with purposes contrary to the law, morality and good customs that are generally accepted or contrary to public order. LORD does not grant any kind of usage licenses or authorisation for its industrial and intellectual property rights or for any other property or right relating to its Website.

4.2. Procedure in the case of the breach of intellectual property rights. In the event that any User or third party believes that any of the content has been entered on its Website with a breach of their intellectual property rights they should send a notification to LORD with a complete and precise indication of their data and the intellectual property rights allegedly breached as well as the Website.

5. RIGHT TO MODIFY THE TERMS AND/OR GENERAL CONDITIONS

LORD reserves the right to modify these Terms and/or General Contracting Conditions, by informing users of the modifications implemented through www.thepassage.es.

6. EXCLUSION OF WARRANTIES AND LIABILITY

6.1 LORD does not guarantee the reliability, availability or continuity of the services provided to the user, therefore it is excluded from responsibility for damages 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, and try to immediately re-establish the interruption, providing them, to the best of its ability, alternative means.

6.2 LORD is not obliged to control and it does not have prior control, over the absence of viruses or elements in the content, that may cause changes in the software or hardware of users or people who visit the pages, therefore it will not be liable for any kind of damage that may derive from them. 
 

6.3 If LORD, despite acting with the due foresight and diligence, is unable to provide the apartments contracted for reasons that are not attributable to it and if it is impossible to provide the services under the agreed terms, LORD will give the user the chance to choose the total refund of the amount paid or a replacement with another of similar characteristics in terms of category or quality. If the replacement for the service is of a lower category or quality, LORD will refund the difference.

6.4 LORD does not take responsibility for valuable objects that the client brings and/or deposits in the apartment.

6.5 If the client uses the Smart TV´s in the apartments to access its entertainment platforms and enters their personal data to do so, LORD does not take responsibility for data leaks that may occur.  

7. SAFEGUARDING OF THE TERMS AND/OR GENERAL CONTRACTING CONDITIONS

If one of the stipulations of these Terms and/or General Contracting Conditions is declared null or void, the other Terms or General Conditions will be kept in the agreed Terms. LORD undertakes to replace the stipulation affected by nullity, getting as close as possible to the intention initially pursued by the parties.

No stipulation in this contract will in any way affect the mandatory provisions on consumers. If you are not a consumer, you expressly waive your right of withdrawal.

8. www.thepassage.es AND ACCEPTANCE OF THE USAGE RULES

The user is aware that the use of the Pre-Booking and Online Booking services, implies the full and unreserved acceptance of each of the clauses that make up the Usage Rules of www.thepassage.es, in the version published by LORD at the time that the user contracts the service. These usage rules complete these Terms or General Conditions in all matters in which they are not in conflict with them. Therefore, the user must be aware of the importance of consulting the rules of this page, prior to accessing and/or using these services.

The user/client can send any kind of claims through the form located here: www.thepassage.es

9. APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms and/or General Contracting Conditions are governed by Spanish Law. In order to settle any dispute that may arise regarding their validity, implementation, compliance or termination, total or partial, LORD and users are subject to the competency of the Courts of San Sebastian, and expressly waive their own jurisdiction or any other that, where applicable, may correspond to them. This contract constitutes the complete and full expression of the agreement between LORD and the user, and it replaces all previous deals, commitments, statements or agreements, both written and verbal, that previously existed between them.

In all cases, any dispute that may arise from the provision of services in the establishment where the client is staying will be subject to the courts of the consumer.