General Terms and Conditions of Contract

PRIOR INFORMATION

 

EPI GESTIÓN, S.L., in accordance with what is stated in Law 34/2002 of July the 11th concerning information society services and e-commerce hereby puts the following general terms and conditions of contract at the disposal of users of the services provided.

 

In order to do so, this document serves the purpose of regulating the general terms and conditions of contract for on-line reservation services offered by EPI GESTIÓN, S.L. with registered company address at C/Saturnino Calleja 16, 28002 Madrid, Tax Registration Number: B-81890006, registered with the Commercial Registry of Madrid in volume 12618, section 8, folio 174, page M 201777. The company works as an intermediary and functions as an independent party between the customer and the establishment when the former wishes to carry out a reservation with the latter. The contact e-mail address is info@sandos.com, and contact telephone number + 34 971783302.

Through this web page, EPI GESTIÓN, S.L. offers an on-line platform where they offer accommodation for the hotel chain Sandos Hotels & Resorts and this is where clients can make their bookings. When reserving through Sandos.com, the client/user establishes a contractual relationship directly with the hotel where they wish to book accommodation. This means that from the moment the reservation has been carried out, EPI GESTIÓN, S.L. do not offer any accommodation services and neither do they manage, rent, in any way legally admissible exploit or carry out any activity related to the hotel establishments themselves. They exclusively work as an intermediary between the client and the establishment in question in its function as an e-commerce and they forward the booking confirmation to the establishment and send an e-mail to the client confirming the reservation in name and representation of the establishment.

The information we offer has been expressly provided by the establishments themselves and they are responsible for keeping prices, availability and other information included on our web page up to date. They are solely responsible for the truthfulness and accuracy of this information; EPI GESTIÓN, S.L. nevertheless strives to ensure that the service they offer is as precise as possible. Also, EPI GESTIÓN, S.L. does not have shares in, nor is it owned by, any company of those who operate and/or are owners of the hotel establishments included in the offer.

 

EPI GESTIÓN, S.L. is the company holding the web page www.sandos.com, created in order to offer an intermediary service for the promotion and sale of hotel services.

By using these services, this constitutes full acceptance with no reservation on part of the client as to the validity of each and every General Condition that is outlined in the following. There will be no need to reproduce and/or ratify them in any other place. Users therefore agree to read the contractual conditions carefully every time they contract a service and thus the use of services or the contracting of the same implies acceptance of the following general conditions, with the user declaring the following:

That he or she is a person who holds the necessary capacity to enter into contract.

That he or she has read and accepts these general conditions of contract.

The users commit to fill out the forms necessary for reservation that are provided by EPI GESTIÓN, S.L. acting on behalf of the establishment, or by the establishment itself, providing their personal information and any additional information that is requested and considered essential in order for the service to be provided.

Contact can be made in Spanish or English.

The Recipient can verify the information on-screen where a summary of the reservation will appear just before continuing to the payment page.

Users will always and in all instances – before initiating the procedure for contracting the services – have access to the General Terms and Conditions of Contract that can be stored and/or reproduced in a durable medium.

 

CONTRACTUAL PROCEDURE

 

The accommodation reservation service that EPI GESTIÓN, S.L. offer on their web page is indented for the mediation of room reservations for various establishments. Clients contract their stay with said establishments as per the terms stated by the latter. This contractual procedure consists of the following stages:

1. Search for dates and chosen hotel

At this stage the clients do not have to register. They merely fill out the web form with their preferences with regards to dates, number of rooms and number of people who will make up the reservation.

2. Checking availability

After having validated the information given and in accordance with the values entered, the next step will show the client hotel availability.

3. Add choice to basket

Once availability is shown for the preferences stated by the client, the client makes a choice and adds the chosen alternative to the basket in order to continue with the reservation process.

4. Adding personal information and formalising the reservation

The client now has to add all personal information requested in the presented booking form as well as credit card information. No charge will be made to the card at this stage but it may be used if the reservation is cancelled, as indicated in these Terms and Conditions.

The fields in this form are obligatory, so they must be filled out before a reservation is formalised.

Once this stage is done the reservation has been formalised.

After the reservation has been formalised the service recipient will receive an e-mail within a maximum time frame of 24 hours – addressed to the e-mail address facilitated during the reservation process – with a booking number and booking summary.

If this e-mail has not been received within the specified timeframe the user should check his or her messages, including any spam folders and, if necessary, get in contact with us using the e-mail address specified above.

Guarantee: the credit card confirms and guarantees the reservation for the entire night. If guests do not present themselves at the hotel and have not given prior notice, a charge will be made to the card (VAT and taxes included) as indicated in the no-show policies of each establishment.

Prices are only valid when specified in writing and during the timeframe specified. If there are justifiable reasons, EPI GESTIÓN, S.L. and/or their partners reserve the right to change their tariffs without prior notice.

The price of the reservation will be indicated during the reservation process. The corresponding tax is added to the prices and there may also be other local taxes applicable that are added in accordance with the local legislation in each and every country. Such local taxes must be paid directly to the hotel.

In accordance with the above, prices shown at the moment of making a reservation include VAT (or the equivalent tax) in accordance with the applicable tariff at that moment in time.

Should the tax rate change between the date of reservation and the date of service delivery and thus create a difference in price tax regulations state that the tax that is applied to the final price will be that which corresponds to the date the service is provided or the accumulation of the tax, even in those cases where this will generate an increase in the price when compared to the final price that was indicated during the reservation process.

5. Payment of reservation

The clients pay for their accommodation when they arrive at the hotel.

For your own safety, you should present an official identification document when you register at the hotel in order to be able to confirm your payment. You will not be able to complete your registration process without this document.

6. Limitation of responsibility on part of the hotel establishments

If clients have complaints, they should speak directly to the establishment. E-mail addresses are provided in the following:

reclamaciones.papagayo@sandos.com

reclamaciones.sanblas@sandos.com

reclamaciones.monaco@sandos.com

reclamaciones.caracol@sandos.com

reclamaciones.playcar@sandos.com

reclamaciones.finisterra@sandos.com

reclamaciones.cancun@sandos.com

 

Each e-mail address contains the name of the hotel to facilitate its identification by the User. Each of the establishments also has complaint forms at the disposal of its Users.

Such complaints must be made immediately, preferably while you are still a guest at the hotel. If the damage is discovered once the visit at the establishment is over, the User has a time frame of fifteen (15) calendar days to notify the establishment of the same. Once that time frame has passed the establishment will refuse any kind of liability.

In any case, the limit of liability on part of the hotel will coincide with the amount paid for the reservation. The establishment will not under any circumstance be liable for professional costs and fees of those acting as the User’s legal representatives.

 

CHANGES TO THE CONDITIONS OF CONTRACT

 

EPI GESTIÓN, S.L. may change these stipulations when indicated to do so by either of the establishments and when there is sufficient cause or motive to do so. Such changes will be published on the web page. If this is the case, the responsible for each change will be the establishment deeming it necessary that such a change be made. It is understood that there is sufficient cause or motive for such a change to be made – of an inclusive but not limited character – when its purpose is to:

Extend the range or number of services that are at the Users’ disposal, or improve on the existing ones.

Modify, change or update the prices of the services offered through the web page.

The term of validity for these general terms and conditions of contract will be the time during which they are published on the web page and they will be applied to services acquired during the time that said terms and conditions were available in this manner.

In any case, EPI GESTIÓN, S.L. reserves the right to modify them in a unilateral manner without this affecting the services contracted by users prior to the modification, apart from those where the user has changed or modified the contracted service, in which case the conditions applied will be those in force at the time the change and/or modification was made.

 

CONDITIONS OF USE

 

The recipient agrees and guarantees to use the web page and the services at disposal through the same in accordance with dispositions and purposes established in the general and specific conditions of contract pertaining to the hotel reservation and what is stated in the applicable legislation as well as that pertaining to moral and good conduct.

In the same way, the recipient will refrain from obtaining the content available on the web page through illegal or fraudulent means, or stealing or forging the same in accordance with what is established in the Criminal Code and in the regulations implementing the same.

EPI GESTIÓN, S.L. reserves the right to refuse access to the web page without prior notice to any recipient that violates what is stated in these general terms of contract.

The recipient also agrees to not make unlawful use of the contents on this web page, or use it in a manner that may cause damage to EPI GESTIÓN, S.L. This means that the recipient will refrain from – without limitation – modifying, copying, distributing, publishing, transferring and/or selling any information or aspects pertaining to the web page that EPI GESTIÓN, S.L. owns.

 

 

Hyperlinks and secure environment

EPI GESTIÓN, S.L. takes no responsibility for web pages linked to theirs, which means that they are not responsible for the contents of such pages. The risk derived from visiting such web pages falls exclusively on the recipients and should be governed by the terms, conditions and legal notices of those pages. EPI GESTIÓN, S.L. is not responsible for such content either. EPI GESTIÓN, S.L. uses technological media to ensure the protection of information supplied on their web page. The entire contractual process for services available is carried out in a secure environment, through a secure SSL server at up to 256 bits.

 

Intellectual and industrial property

 

EPI GESTIÓN, S.L. either holds the intellectual and industrial property rights, or uses them legitimately as per agreements or usage licenses, for all elements integrated into the web design such as the brand, commercial name or distinctive symbol etc. These are duly protected by the legislation in force for intellectual and industrial property. In particularly and without limitation they are protected for copyright, logos, colour combinations, the selection and mode of presentation, the source code for the web page, the menus, the navigation buttons, the HTML code, the Java applets, the texts, images, graphics as well as any other content on the web page of which EPI GESTIÓN, S.L. is the holder.

 

Procedure in cases of intellectual property right violation:

 

If any User or third party believes that some of the contents has been used on the web page in violation of their intellectual property rights, they should send a notification to this effect to EPI GESTIÓN, S.L. indicating precisely and in full their personal information and the intellectual property that has supposedly been violated, as well as the web site in question.

 

Exclusion of liability

 

EPI GESTIÓN, S.L. does not guarantee the reliability, availability or continuity of the services at the user’s disposal, which means that they do not take any responsibility for any damages and/or losses that may be caused by a lack of availability, reliability or continuity of the web page or its services, even if they will endeavour to facilitate, to the extent possible, technical support to the affected party, as well as try to immediately re-establish the connection, also providing alternative media to the extent possible.

 

The recipient expressly exempts EPI GESTIÓN, S.L. from all responsibility with regards to direct or indirect damages caused by any errors on the web page, as well as any interruptions, suspensions, delays or errors related to its access.

 

EPI GESTIÓN, S.L. commits to exercise maximum care when protecting the web page from virus, trojans and other elements that might infringe on or damage the recipients or third parties’ computer systems. In any case, the recipient exempts EPI GESTIÓN, S.L. from all responsibility related to direct or indirect damage caused by the possible existence of such injurious or malicious elements.

 

Also, taking into account its position as an intermediary and independent party, EPI GESTIÓN, S.L. takes no responsibility when it comes to the service provided the recipient being in agreement with what has been offered through the web page.

 

THE RECIPIENT’S RIGHTS AND OBLIGATIONS

 

Obligations of the Recipient

 

The recipient agrees to:

Fully comply with what is established within these conditions regarding services facilitated by EPI GESTIÓN, S.L.

Fill out the registry forms prior to commencing the contractual procedure using truthful and updated information.

Pay the contracted services in full; any complaint lodged or reclamation made will not affect this obligation.

The user agrees to use the services in a way that is in accordance with the Law, moral, good conduct and public order, as well as with what is stipulated under these General Terms and/or Conditions of contract. Consequently, users are obliged to refrain from using the services for illegal purposes, or for purposes that are contrary to what is established in these General Terms and/or Conditions of contract, harmful to the rights and/or interests of third parties or that, in any way, may damage the services, establishments (hotels) and/or their image.

EPI GESTIÓN, S.L. might, for improved flexibility and to the benefit of users, unilaterally modify the rendered services or the Conditions for operability, technique and use of service at any moment and without prior notice. In the same manner and always with the aim to improve on the service and establish an optimal quality level, which is the ultimate goal for EPI GESTIÓN, S.L., users can suggest any modifications they deem utile, contacting the people responsible for the page using the following e-mail address: info@sandos.com.

The User further agrees to respect the intellectual and industrial property rights of the platform; the receiver will refrain from copying, reproducing, distributing, making available or publicly communicate the web content without prior express and written authorisation given by EPI GESTIÓN, S.L. and more specifically will refrain from:

(a) Deleting, avoiding or manipulating the ‘copyright’, brands and other identifying information regarding the rights of EPI GESTIÓN, S.L. or its holders that are incorporated into the contents and/or commercialised products through the web page of EPI GESTIÓN, S.L. as well as the technical protective devices, the digital fingerprints or any informative mechanism that might contain the same.

(b) Use the content, and in particular the information from EPI GESTIÓN, S.L., obtained through the web page to advertise, carry out communication aimed at direct sales or any other kind of commercial activity, or sending unsolicited messages that are addressed to multiple receivers.

(c) Reproduce or copy, distribute, allow public access or through any other means of public communication transform or modify the content, unless they have authorisation from the holder of the corresponding rights to do so, or in case where doing so is legally permitted.

(d) In general make use of the content in a way or with a purpose that is contrary to the law, moral and good conduct as a generally accepted concept, or public order. EPI GESTIÓN, S.L. will not give any licences or authorise any form of use or exploitation of any kind of its intellectual and industrial property rights, or for any other ownership or right that is related to their Web Page.

 

Rights of the Recipient

 

All information given to the client will be of a binding character on part of the bidder in accordance with the terms established by current legislation.

Every recipient of the contracted services is rightfully entitled to acquiring services that are of the category and legal requirements according to contract, or of a quality corresponds directly to the category awarded the establishment in question.

 

FORMS OF PAYMENT AND PRICE

 

The prices and tariffs that are applicable to the contract on part of the service users will be those facilitated by the establishments that figure on the web page owned by EPI GESTIÓN, S.L. at the moment the recipient accesses that specific service and the contractual process has been finalised.

As has been established in the foregoing, the total and final amount payable for the reservation includes VAT (or the equivalent tax) unless it is expressly not included and thus indicated.

Any other fees or taxes that will affect the final price will be paid as an additional payment directly at the hotel establishment and as such it is additional to the cost offered by the hotel.

Clients are obliged to pay the price for the invoiced services when they arrive at the chosen establishment.

As a general rule and unless something else has been expressly agreed, the rooms can be accessed starting from 15:00 on the day of arrival and should be vacated before 12:00 noon on the day of departure. If the client does not arrive on the arrival day the cancellation policy that has been duly communicated together with the reservation will be applied.

The prices that are indicated are retail prices, with VAT included. Nevertheless, in cases where an error has occurred when information has been given due to an error in the calculation program or any other circumstances as foreseen in these standard conditions the information given may be subject to changes that will be valid as long as the client is made aware of this fact before commencement of travel.

Retail prices published on this web page correspond to an automatic calculation program carried out by a booking engine. Because this is an automated system it is possible that errors will occur when tariffs are calculated. Such errors will be notified directly to the client using the e-mail address provided by the same or by telephone to the telephone number facilitated as soon as EPI GESTIÓN, S.L. are made aware of them. In this case the client can choose between cancelling the reservation without any additional cost or maintaining the reservation and paying the difference between the amount already paid and the correct price of the reservation – all this prior to commencement of travel.

 

CANCELLING A RESERVATION

 

A reservation can be cancelled directly on the web page or by e-mail to:

From Europe / callcenter.eur@sandos.com

From America and other countries /callcenter.mx@sandos.com

Always quote the booking number.

In cases where a client cancels a booking, the cancellation policies as applied by each and every establishment will be used. Such policies are expressly communicated on the reservation.

If a contract is terminated or a booking cancelled, the credit card is only a means of guarantee. The cancellation of a reservation on part of the user will not give rise to costs for early cancellation as long as the cancellation is made in line with each establishment’s cancellation policy. Each establishment will as compensation charge cancellation charges that are established by them depending on each tariff. If the User does not pay the compensation as requested by the establishment, the latter will charge the amount to the credit card provided by the client.

If it is the establishment that cannot honour the reservation it has confirmed due to circumstances that are solely attributable to the establishment, the establishment will find the client alternative accommodation of the same or superior characteristics and category.

In neither case will EPI GESTIÓN, S.L. accept any responsibility.

 

CHANGING A RESERVATION

 

The recipient can change the reservation during the entire on-line booking process.

If you wish to change a reservation after having received the booking confirmation e-mail, we ask you to please contact us:

By e-mail to:

From Europe / callcenter.eur@sandos.com

From America and other countries / callcenter.mx@sandos.com

By telephone:

From Europe / +34 971 78 33 02

From America and other countries / +52 984 8734444

Always quote the booking number.

Special offers will only be valid during the time frame specified by EPI GESTIÓN, S.L. in its marketing, or as default during the time they are accessible to clients and possible to effectively contract.

Modification will be subject to the current conditions when making an enquiry and subject to availability at the establishment.

 

LEGAL NOTICES

 

Any notifications, requirements, enquiries or other communications parties wish to express relating to these General Terms and Conditions should be made in writing and will be considered duly effected when personally delivered or submitted though postal mail to the registered address of the other party, or by e-mail to the same, or to any other address or e-mail address that has been indicated by one party to the other for the purpose of such communication.

 

NULLITY AND UNENFORCEABILITY OF THE CLAUSES

 

Should any clause included in these terms and conditions be declared totally or partially void or unenforceable, such invalidity will only affect that provision, or the part of the same that is deemed void or unenforceable. The rest of the terms and conditions shall remain in force. EPI GESTIÓN, S.L. agrees to modify the stipulation affected by the nullity in a way that will be as close as possible to the intentions that were initially agreed to between the parties.

 

PROTECTION OF DATA OF A PERSONAL CHARACTER

 

The User is informed of and gives consent to data of a personal character being included in a file in accordance with applicable legislation. EPI GESTIÓN, S.L. is responsible for the handling of such data and the user authorises the company to use them for advertising purposes, as well as to supply the data, to the same end, to other companies of the same Group.

The Users are also hereby informed of the rights of access, rectification, modification, opposition and cancellation that they can legally exercise. Should they wish to exercise said rights they can use the e-mail address of the establishment where they stayed, as provided within this document.

 

 

 

APPLICABLE LEGISLATION

 

These General Terms and/or Conditions of contract are governed by Spanish Legislation.

 

Users also expressly accept that for the resolution of any controversy that may occur with regards to its validity, execution, fulfilment or resolution, total or partial, they are submitted to, expressly waiving any other jurisdiction to which they may correspond or any other, the jurisdiction of the courts and tribunals governing the establishment’s (hotel’s) place of residence.

This document constitutes the complete and integral agreement between EPI GESTIÓN, S.L. and the User and substitutes all previous pacts, undertakings, statements or agreements, either written or oral, that may have previously existed between both.

 

 

PRIVACY NOTICE

To read the privacy notice in its entirety as corresponding to respective legislation in each applicable country, please refer to the link PRIVACY NOTICE on the web page.