GENERAL TERMS AND CONDITIONS
These terms and conditions (the “Terms”) govern your booking of any room provided by or on behalf of FININVEST USA SL, owner company of The Town House). Save where expressly varied in writing by an authorised representative of Fininvest USA SL (The Town House), no employee, agent or third party acting or purporting to act on behalf of Fininvest USA SL (The Town House) has the authority to vary these terms and you shall not be entitled to assume that any variation has occurred.
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 Fininvest USA SL (The Town House).
By visiting and/or using our website, you confirm that you accept these Terms and that you agree to comply with them, and you warrant to us that you possess the legal authority to agree to these Terms and use our site. Therefore, if you do not agree to these Terms, or do not have the appropriate legal authority so to do, you must not use our site.
PRICE & PAYMENT
USE OF THE THE TOWN HOUSE ONLINE BOOKING SERVICES
The online 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 and make a reservation. The user will receive an email within 24 hrs, confirming if their booking has been processed, and will consequently only become binding once The Town House has accepted the reservation by means of email confirmation and subsequent payment by the user. The user must verify the booking confirmation and notify Fininvest USA SL (The Town House) of any error immediately in writing.
ONLINE BOOKING SERVICES
- The purpose of the Online Booking services is for the reservation of a room at The Town House Marbella. Th8e 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 Fininvest USA SL (The Town House), without the need for your written transcription in the same – included in the latest version of these general terms and/or conditions.
- 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.
- Guarantee: The booking is confirmed and guaranteed with a credit card. In the event of a no-show or cancellation outside The Town House policy:
Standard Season Cancellation Policy
Free Cancellation –up to 8 Days before Check in date
7 Days or Less before Check in date – 100% of the total nights
This clause does not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.
Non Refundable Rate
100% of total nights amount charged on booking, non refundable in case of cancellation
Subject to these Terms, bookings should be cancelled or amended online. Changes to guest names are permitted however all bookings should include at least one name per room in order to be valid. Further, we reserve the right to cancel any booking where guests names are not correctly entered. All special offers will have separate terms and conditions attached. Please check before booking.
- Unless full prepayment is received from your card provider within 7 days before Check in Date or on booking according to the Rate Plan chosen by the guest, the room will automatically be released.
- (a) The total amount due for your stay will be charged to your credit card or debit card according to our Payment Policy. Fininvest USA SL (The Town House) accepts payment by most major credit cards except Diners Club and JCB.
(b) Room prices are per room, per night and are inclusive of Buffet Breakfast and VAT at the prevailing rate, but exclusive of any additional items or packages chosen by you from time to time in respect of your stay. Fininvest USA SL (The Town House) 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.
- (a) You acknowledge and accept that any additional items or packages chosen by you will be added to the room price and become immediately payable by you in accordance with these Terms, including without limitation the following:
(i) Hotel supplements: including, for example, single occupancy or additional room facilities where available;
(ii) Expenses incurred at your hotel, including without limitation and where available room service, drinks and meals not included in the initial room price at the time of booking.
(iii) Packages – any and all packages, promotions, offers or special deals which may from time to time be offered by the Hotel including on our website.
(b) We reserve the right to cancel your booking, with or without notice. Should we do so, then we shall endeavour to relocate you to an alternative hotel similar to that which is the subject of your booking, or, in lieu thereof, we shall refund you in full for the amount charged to your credit or debit card, and in either case you accept that we shall have no further liability to you as a consequence of any such cancellation.
(c) 4 rooms or more with the same arrival and departure pattern is considered a group and must be booked via our dedicated group reservations team. Please contact us on +34 952-90-17-91 or emSail us at [email protected] The group booking terms and conditions will then be advised and applied. Failure to comply may result in a reservation being cancelled.
(d) Extra beds are not available.
4.In order to ensure the smooth-running of the operation, the name of the person booking the room must be clearly stated at the time of booking. Personal information gathered from site use is kept in accordance with legislation solely for the Fininvest USA SL (The Town House) to complete reservations and important notifications about user accounts.
5.You acknowledge and accept that your stay at a particular Hotel in the group shall be subject to the following restrictions as to the length and periods of stay:
(a) the maximum stay that you may book at any Hotel in the group, directly or indirectly, and whether in one or more than one room, shall be a period of 29 days;
(b) upon the expiry of a 29 day period of stay, you shall not be entitled to stay at a Hotel in the group for the immediately following 7 day period;
(c) thereafter no booking at any Hotel in the group shall be accepted from you or on your behalf for longer than a period of 7 days, and with intervals of not less than 7 days between each stay.
THE TOWN HOUSE POLICY FOR CHILDREN The Town House is an adult only property. Children more than 14 years old are welcomed only accompanied by their parents, teachers or other duly authorized adults. Hotel staff may require relevant documentation identifying adults as parents/teachers of authorized persons.
Check in time 15.00 – 21.00
Late Check in service is also available, please contact The Town House +34 952 90 17 91 or [email protected]
Check out time 09.00 – 12.00
Unauthorized late check out will incur charges as follows:
- EUR 50 for every hour up until 14:00 pm, after which you will be charged the full day rate.
Please note that The Town House reserves the right to remove belongings from rooms after the check-out time. Any items left in rooms or The Town House’s premises may be treated as unattended baggage and maybe disposed of by security.
Express Check out is also available, please see below
EXPRESS CHECK OUT
For users who opt to use the “Express Check-Out” process, the following Particular Conditions will apply when checking out of the room they have reserved at the The Town House: a. This process allows users to check out of their room without having to personally go to the reception area of The Town House hotel to check out. You are asked to leave the key in the room. If any due bills the guest will receive an email with all the information related to the stay and issue the invoice accordingly. User authorization for collection of payment by The Town House at the time of Express Check-out a. Collection of payment of the amount shown on the Express Check-out form will be made automatically by Fininvest USA SL (The Town House).
- By accepting these General Terms and Conditions, the user expressly authorizes Fininvest USA SL (The Town House) 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.
- Fininvest USA SL (The Town House) 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 Check-out are completely covered. Fininvest USA SL (The Town House) 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 Check-out.
- The user declares that they are the holder of the bank card that they provided for payment of the services provided by Fininvest USA SL (The Town House) and/or that it is from a third party who has expressly authorized the user for use for the same.
Possible errors or changes to Express Check-out invoicing information.
In the event that the invoicing information appearing on the Express Check-out form is incorrect or if the user wishes to make changes to this information, they will have to go directly to The Town House hotel reception so that they can rectify the errors or make the requested changes. In the event that Fininvest USA SL (The Town House) can prove that the user has committed fraudulent practices relating to the use of the bank card for payment of the services provided Fininvest USA SL (The Town House) reserves the right to initiate any legal action that rightfully applies.
WEBSITE USE AND OUR INTELLECTUAL PROPERTY
- You acknowledge and accept that we do not accept responsibility for errors or omissions on our website/s, and hereby reserve the right (exercisable without notice) to amend, cancel or vary from time to time any of the information, including prices, featured on our website/s. We do not guarantee that our website/s will be secure or free from bugs or viruses. You are responsible for configuring your information technology systems and software in order to access our site. You should use your own virus protection software.
- Where our website/s contain links to third party sites and/or information from or relating to third parties, such links and information are provided for your information only, and we make no representation or warranty as to their accuracy, suitability or completeness, nor in respect of any products or services promoted and/or sold thereby.
- You agree not to create a hypertext link from any website to our website/s without our express written permission.
You acknowledge and accept that we own or have the right to use the intellectual property rights in and on our website/s, and the content and information therein. We hereby reserve our rights in respect thereof.
You must not copy, display, modify, download, reproduce or transfer to a third party any of the content or information in or on our website/s without our express written consent. You are permitted to print and/or download an extract of any page(s) from our website for your personal non-commercial use, which use shall not include the right to publish any of the same, or to use any images separately from any accompanying text. Please note that in certain circumstances, generic photographic images have been used to represent the general style of a particular product or hotel.
All information provided by you in connection with your use of our site shall be true and accurate and may be relied upon by us as such.
We reserve the right to update or amend all or any part of our website/s, or any content or information thereon, from time to time, and without notice. No representation or warranty is made by us, and you cannot rely upon, the accuracy, suitability or completeness of our website/s, or any content or information thereon.
The trademarks, trade names, logos, service marks and trade dress displayed on our website/s are registered and/or owned at common law by us, our affiliates, or third parties permitted to use the same. You are not permitted to use or licence the use of any of the same.
CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER
The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from: (a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of Fininvest USA SL (The Town House) or its titleholders incorporated into the contents and/or products marketed from the The Town House Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same. (b) Using the contents and, in particular, information about of Fininvest USA SL (The Town House) obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people. (c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorisation has been obtained from the titleholder of the corresponding rights or it is legally permitted. (d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. Fininvest USA SL (The Town House) grants no licence or authorisation of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify Fininvest USA SL (The Town House) of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.
YOUR STAY AND CONDUCT
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, Fininvest USA SL (The Town House) and/or its image.
- You hereby acknowledge and accept that you must conduct yourself appropriately at all times whilst on hotel premises, and comply with all stated Fininvest USA SL (The Town House) policies and procedures, including with regard to safety, conduct, and behaviour. You must not act so as to cause offence to hotel guests, visitors, or employees, nor disrupt the comfort and enjoyment of other hotel guests or visitors. We reserve the right to refuse or cancel hotel accommodation or services, and remove you and/or members of your party, from the hotel for any breach or alleged infringement by you or any member of your party of this provision. In such circumstances, you shall not be entitled to any refund of your booking, or to any compensation loss of accommodation, amenities or other services or any other loss or expense incurred.
- The Town House shall, for increased agility and for the benefit of its users, be able to unilaterally modify at at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – The Town House’s ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via the following email address: [email protected]
- Please be advised that outside food and beverages are restricted from The Town House premises. Penalty fees will be applied by the Hotel for breaking the current terms and conditions.
- The Town House is an adult only property.
- The Town House is 100% non-smoking property. By law, smoking is not permitted in any part of the hotel. The property shall, in case of violation, be entitled to charge guests EUR 500.00 in compensation for any additional cleaning costs incurred, as well as any fines or damages our property incurs and loss of earnings if the hotel is unable to re-let the room in question. This also applies to costs incurred by a possible call-out of the fire brigade if a fire alarm is tripped by a guest smoking.
- Fininvest USA SL (The Town House) will not be responsible for the loss or damage of any property left in your room or in the hotel. Please direct to Front Desk to use the safety box for your small valuable items.
DAMAGE TO THE PROPERTY
Guests will be responsible for any damage caused to the property room or any furnishings, fittings and equipment therein by any act or omission of the Guest, his/her invitees, subcontractors or guests. Should this damage come to light after the guest has departed, The Town House reserves the right to make a charge to the Guest’s credit or debit card. The charges will be subject to the level of damage.
We reserve the right to charge guests the cost of rectifying damage, cleaning fees or costs of replacement caused by the deliberate, negligent or reckless act of the guest to the hotel’s property or structure. Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the amount to the registered address.
The Town House reserves the right to take action against any Guest found to have tampered / interfered with any fire detection equipment, tampering or abuse of safety equipment/cameras/emergency boxes/exit alarms/ throughout the hotel, including detector heads in public areas and bedrooms, break glass points and fire extinguishers. Guests found to have tampered with any fire detection or firefighting equipment will be charged with any costs incurred by the Hotel due to their actions and additionally may be asked to leave the Hotel. Should the fact that fire fighting, safety /detection equipment, cameras etc had been tampered with come to light after the guests has departed The Town House reserves the right to make a charge to the Guest’s credit or debit card.
REMOVAL FROM THE PROPERTY
The Town House reserves the right to charge Guests the cost of replacing any items that are removed from the Hotel by them without consent. The charge will be the full replacement amount of the missing item, including any carriage charges. Should the fact come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the amount to the registered address.
If the property staff find any personal effects, goods left behind by a Guest or any other lost property, The Town House will retain such items and if an item is not reclaimed with the 3 months of the Guest’s departure it will be disposed of by the property at its discretion.
EXCLUSIONS AND LIMITS OF LIABILITY
Subject to the remainder of this provision, Fininvest USA SL (The Town House) will accept no liability in contract, whether caused by its negligence or that of its employees, agents or contractors, or otherwise for any damage or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses or for any loss of any profit, economic loss, loss of goodwill or reputation, even if expressly advised of the possibility of such loss or damages, and in any event arising out of or in connection with your use or occupancy of your room or the hotel or its facilities, or the access of, use of, performance of, browsing in this site, or linking to other sites from this site, or in connection with any error, omission, defect, computer virus or system failure.
The liability of Fininvest USA SL (The Town House) under these Terms shall not exceed the total amount paid by you in respect of the booking applicable to any claim by you.
Nothing in these Terms shall act so as to exclude or limit our liability for death or personal injury caused by our negligence, or for liability for our fraud or fraudulent misrepresentation.
We will not accept any liability and will not pay, nor be liable to pay, any expenses, compensation or damages, where we are prevented from undertaking our obligations to you, or these are affected in any way, directly or indirectly, by or as a result of any fact, matter or circumstances beyond our reasonable control – including, without limitation, third party acts or omissions, adverse weather conditions (including floods, storms, earthquake), natural disasters or other acts of God, acts of terrorism, fire, power or utility failures or suspensions, or faults or failures, defects or bugs in computer or software systems, plant or machinery, vehicles, or the internal or external safety or structure of buildings.
PROTECTION OF THE USER’S PERSONAL DATA
Users of Online Reservation services offered through www.townhousemarbella.com, are voluntarily providing personal data (hereinafter, the Personal Data) and expressly, fully, and unreservedly accept that Fininvest USA SL (The Town House) may process these data in an automated way and include them in a file for the purpose of being able to provide and offer its services. Fininvest USA SL (The Town House) is responsible for this file and it is registered with the competent authority. Due to the specific characteristics of the activity and Fininvest USA SL (The Town House) services, and for the optimal development and achievement of its objectives, it is necessary to transfer personal data to third parties, including international transfers. Personal data may be transferred to Fininvest USA SL (The Town House) companies and/or interested third parties. The transfer of personal data to such entities is for the sole purpose of correctly providing the services offered by Fininvest USA SL (The Town House). The owners of the data have the right to access the file at any time, and may exercise their rights of rectification, cancellation, and opposition in the Terms set out in the data protection legislation. Likewise, users’ consent to the processing and transfer of their personal data may be revoked at any time without retroactive effects, pursuant to the provisions of Articles 6 and 11 of Spanish Organic Law 15/1999 of 13 December on Personal Data Protection. For such purposes, it will be sufficient to contact Fininvest USA SL (The Town House) via the e-mail address [email protected] , or by writing to its registered office at Calle Alderete 7, 29601, Marbella, Spain. Fininvest USA SL (The Town House) guarantees that it has taken the appropriate security measures at its facilities, in its systems and files. Moreover Fininvest USA SL (The Town House) guarantees the confidentiality of the personal data, although it will disclose to the competent public authorities the personal data and any other information in its possession or that is accessible via its systems that may be required pursuant to the legal and regulatory provisions applicable to the case. Users of www.townhousemarbella.com guarantee and are responsible for the truthfulness, accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly up to date. Fininvest USA SL (The Town House) services are not intended for minors and The Town House does not ask for or collect information regarding underage persons. However, Fininvest USA SL (The Town House) may collect information via devices such as cookies or log files regarding its users’ browsing on www.townhousemarbella.com. These mechanisms are exclusively associated with one user and their own personal computer. In this case, Fininvest USA SL (The Town House) will only use these data as a whole for the ultimate aim of improving its services. Fininvest USA SL (The Town House) may share this information with its customer companies, although in the same manner and in any case only on a complete and statistical basis. The electronic document in which the reservation is formalised is stored electronically for the period established by law. Customers may access the data by exercising their relevant rights of access in the way described above. Operations to check user account data and to request services or products via the Fininvest USA SL (The Town House) website are carried out by means of a secure server. This server’s software encrypts the information entered by users before sending it to Fininvest USA SL (The Town House). Moreover, Fininvest USA SL (The Town House) has strict security procedures regarding the storage and disclosure of data in order to prevent any unauthorised access to this data, pursuant to Article 9 of Organic Law 15/1999 of 13 December on Personal Data Protection in force in Spain.
RIGHT TO MODIFY THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
Fininvest USA SL (The Town House) reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via www.townhousemarbella.com.
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. Fininvest USA SL (The Town House) 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. NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.
APPLICABLE LAW AND COMPETENT JURISDICTION
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, Fininvest USA SL (The Town House) 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 Malaga. This contract constitutes the full and complete expression of the agreement between Fininvest USA SL (The Town House) 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.
We reserve the right and you hereby authorise us to charge your credit or debit card for any loss or damage incurred to your room or to the hotel during your stay.
These Terms supersede all prior agreements, understandings, proposals, tenders and arrangements of whatever nature in respect of the subject matter hereof, whether written or oral, and in whatever media, and sets out the entire agreement and understanding between us relating to its subject matter.
These Terms apply in place of and prevail over any terms or conditions contained or referred to in correspondence or elsewhere or implied by law (to the extent the same can hereby be excluded), trade custom or course of dealing and any purported contrary or inconsistent provision is hereby excluded.
We shall be entitled without your consent to assign, subcontract or novate our rights or obligations under these Terms.
You hereby acknowledge and accept that you are acting on your own behalf and not for the benefit of another person.
A person who is not a party to this agreement shall not have any rights under or in connection with it, whether pursuant to the Contract (Rights of Third Parties) Act, at common law, or otherwise.