General Terms and Conditions

OVERVIEW

The purpose of these general terms and conditions of contract (hereinafter, the “General Terms and Conditions“) is to regulate the contractual relationship that arises between “DEMO FLATS SL” (hereinafter the “Company“) and you (hereinafter, individually, the “User” or “Client“, and jointly, the “Users” or “Clients“).”), relating to the contracting and/or purchase of hotel and/or tourist accommodation services carried out through the website https://www.mimood.es/ (hereinafter, jointly referred to as the “Website“, “Website“, or “Website“), domain owned by the Company, a legally constituted company, with registered office at Calle Callosa d ́En Sarria, 2D, pta. 2,  46007, Valencia, Spain, with CIF number B-72813082

and registered in the Mercantile Registry of Valencia in Volume 11.039, Folio 219, Page V-200.024.

Booking through the Website will imply the Client’s express acceptance of the pages of these General Conditions. These General Conditions will be applicable without prejudice to the application of the legal regulations on the matter that are applicable to each case.

 

APPLICABLE REGULATIONS

These General Conditions are subject to the provisions of the following regulations:

  • Law 7/1998, of 13 April, on General Contracting Conditions;
  • Law 3/2014, of 27 March, amending the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November (hereinafter, the “TRLGDCU”);
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR“);
  • Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, the “LOPD“);
  • Law 7/1996, of 15 January, on the Regulation of Retail Trade;
  • Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.

PRIOR INFORMATION AND ACCEPTANCE OF THE GENERAL CONDITIONS

If you are under 18 years of age, you may not purchase and/or contract any of the hotel and/or tourist accommodation services on the Website.

We recommend that you read these General Terms and Conditions prior to making the purchase, as their acceptance is a prior and essential step for the contract. Prior to the start of the contracting procedure, the Company makes these General Terms and Conditions available to you so that they can be stored and reproduced by you. Customers accept the General Terms and Conditions from the moment they use, contract or purchase any product.

By accepting this Agreement, you declare:

  1. That he is a person of legal age and with the capacity to contract.
  2. That you have read and accept these General Conditions.

We inform you in advance of the procedures that you must follow to accept these General Conditions. The procedures for contracting the hotel and/or tourist accommodation services offered are those described in these General Conditions, as well as the specific ones indicated on the Website while browsing, so that you as a Client declare that you are aware of and accept these procedures as necessary to acquire and/or contract the hotel and/or tourist accommodation services offered on the Website.

The contracting of our hotel and/or tourist accommodation services may be formalised at your choice in any of the languages available on the Website. However, the language in which these General Conditions are formalised is Spanish.

During the procurement procedure, the company provides you with appropriate technical means to identify and correct errors. Any modification or correction of the data provided by you while browsing must be made in accordance with the indications included on the Website. This Website displays windows for confirming the data provided, which may not allow you to continue with the purchase or contract if the data you enter is not in the correct format. In any case, before making the payment, you will be able to view the selected hotel and/or tourist accommodation services on the Website and the details of your contract so that, if necessary, you can modify the details of this contract. If you detect an error after the completion of the payment process, you must contact customer service at the telephone number indicated on the mimood.es website or at the email address: administracion@mimood.es.

By providing your personal data, you expressly consent to the processing of these personal data for the purpose of acquiring and/or contracting the hotel and/or tourist accommodation services of the Website.

In order to contract any of the hotel and/or tourist accommodation services on the Website, you must register your personal data. In some cases, you must configure a username and password that allow you to access areas that require this prior identification. When your personal data is registered on our website, or you contract one of our services, your personal data is incorporated into our database, and will be used exclusively to process the sale of the contracted service, during the selected period and to send you information or offers of services similar to those acquired that may be of interest to you. You may change the details of your client registration (address, contact telephone number, email address, etc.) at any time.

 

PURPOSE OF THE GENERAL CONDITIONS

The purpose of these General Terms and Conditions is to regulate the conditions of sale of the hotel and/or tourist accommodation services offered by the Company on the Website. These conditions regulate the contractual relationship of sale and/or contract generated between the Company and you at the time you accept the corresponding box during the online purchase and/or contracting process.

The characteristics of the hotel and/or tourist accommodation services acquired and/or contracted are reflected on the Website.

Once you access the Website, in order to proceed with the acquisition and contracting of the different services, you must follow all the indications and instructions contained on the Website, completing for this purpose the required contracting conditions and other forms established for each service, which will imply the reading and acceptance of these General Conditions.  as well as, where appropriate, the particular conditions that may apply.

 

DESCRIPTION OF SERVICES AND CONTRACTING PROCEDURE

The contracting of hotel and/or tourist accommodation services must be done through the specific selection of the desired service using the purchase selection instruments found on the Website. Once the purchase request has been selected and verified, you must expressly accept the terms and conditions of contract, as shown on the Website. From the moment of acceptance, you acquire the status of Client/User of the Company. We recommend that you read these General Terms and Conditions more carefully, and print on paper or save the document in electronic format.

  • Procurement procedure

Contracting through the Website will be carried out through the following steps:

  • Step 1: Select the hotel and/or tourist accommodation on the main page using the search parameters, as well as the dates of stay and number of people.
  • Step 2: Choice of room type, number of rooms, desired meal plan and rate type.
  • Step 3: Selection of additional supplements or services with a sample of the final price.
  • Step 4: Insert personal data relating to the booking, as well as the bank card used as a guarantee of the booking, and acceptance of the general conditions of the booking.
  • Step 5: Verification of the booking details and formalisation of the booking.
  • Step 6: Send a booking confirmation email to the Client with the details of the booking.

Mimood will generate an electronic document comprehensive of the formalization of the reservation for its file, giving access and full knowledge of it to the Client by sending an email with its content at the end of the reservation process.

After the formalization of the reservation, the Client is requested to review the content of the reservation in order to identify possible material errors in the entry of data; To process your correction, call the hotel telephone number +34 960 135 808 or send your comments to the e-mail administracion@mimood.es providing the identification details of the reservation.

In accordance with the specific conditions of the specific rates applied to the reservation, payment of the same may be made (i) in full advance at the time the reservation is formalized or the day before arrival at the tourist accommodation (ii) at the time the Client registers at the hotel and/or tourist accommodation (check-in) depending on the rate selected. Payments may be made by credit card accepted at the property for payments made in advance. Payments made at check-in may be made either by credit card accepted at the establishment and/or in cash using the legal tender in Spain.

The prices per room and night shown on the Website are dynamic, they may vary without prior notice. However, for confirmed bookings, the reserved rate shown on the booking confirmation received by email will always be maintained. The prices related to the booking will be indicated to you during the booking process. Prices are inclusive of VAT.

  • Free cancellation, non-refundable fees and withdrawal policies

There are several types of fare, and each of them has its cancellation conditions, which the Customer must consult before making the reservation. If you make the reservation, it is understood that you accept the cancellation conditions set out.

The applicable free cancellation policies are:

  • Standard Cancellation Policy: For cancellations the hotel will bill the first night for each room booked as expenses.
  • Cancellation policy on holidays: For these cancellations or in case of no-show, the hotel will invoice 100% of the reserved stay for each room reserved.

Non-refundable rates do not accept modifications or cancellations. In these cases, the hotel will charge 100% of the stay on the credit card provided by the Client at the time of booking.

The User/consumer’s right of withdrawal, provided for in article 68 of the TRLGDCU, is not applicable in this contract, since it is a hotel accommodation service and the exceptions to the right of withdrawal provided for in article 103 of the TRLGDCU are applicable.

  • Security deposit: On arrival at the establishment, the Client must pay a security deposit of € 200 as a deposit. This amount will be refunded in full the day after check-out, provided that no damage has been caused to the accommodation or breach of the establishment’s rules.

HOTEL OVERVIEW

Guests are informed of the general conditions of use of the hotel are as follows:

  • Schedules:
    • Check-in time: 15:00
    • Check-out time: 11:00
  • All prices and/or rates include 10% VAT.
  • The price of the reservation includes accommodation on the indicated board (accommodation only or bed and breakfast) depending on the services expressly contracted.
  • The hotel is smoke-free, it is a 100% smoke-free space.
  • Pets are not allowed.

LIABILITY REGIME

The Company shall not be liable for problems arising from lack of access or problems inherent in Internet connectivity or electricity networks when these are caused by causes beyond its control or causes that could not have been foreseen by the parties or that, even if foreseeable,  the Company has made all reasonable efforts to avoid them or that they were considered to be fortuitous or force majeure causes.

The Company will in no case be liable for the delay in the execution of its obligations or for the non-execution of the same, if this non-compliance is motivated by reasons of force majeure, in accordance with the provisions of article 1,105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. The agreed delivery times will be extended by at least the period of time that the force majeure event has lasted.

The Company also makes its best efforts to ensure that the information appearing on the Website is correct and up to date. The Company is not responsible for any errors or omissions that may exist on the website. The Company cannot control the use that the user makes of the information, and therefore will not be liable for any type of damages, whether direct or indirect, that may arise from or be connected with the use of said information.

In no case will the rights that the Company’s Client as a consumer may legally correspond to be affected. The Company cannot and has not reviewed all the websites linked to it, and is therefore not responsible for their contents. The risks arising from the consultation of such websites linked to it correspond exclusively to the Users, who must be governed by the terms and conditions of use of the websites consulted.

 

INTELLECTUAL PROPERTY

The Company is the owner of the domain and the website https://www.mimood.es/. The trademark of “mimood” is duly registered in the name of the Company. Likewise, the Website, including but not limited to its programming, editing, compilation, designs, logos, text and/or graphics, are the exclusive property of the Company, and are protected by national and international regulations on intellectual and industrial property. Therefore, the owner of the rights expressly prohibits the use or reproduction, partial or total (by any physical or electronic means), by third parties, unless there is an agreement or written authorization to this effect.

By purchasing a service, the Company does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication of the same, and the Company reserves all these rights. The assignment of the aforementioned rights will require the prior written consent of the Company.

The customer may not make such content available to third parties.

The intellectual property extends, in addition to the content included in the Company, to its graphics, logos, design, images and source code used for its programming.

 

PRIVACY AND DATA PROTECTION POLICY

See the specific section of the privacy and data protection policy by clicking at the bottom of the Website https://www.mimood.es/ in the “Privacy Policy” section.

 

NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, the General Conditions remaining in force in all other respects, such provision, or the part of it that is affected, will be in force.  for not being placed.

 

NOTIFICATIONS

All notifications, requirements, requests and other communications to be made by the parties in relation to these General Conditions must be made in writing and will be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the latter’s email.  or to any other address or e-mail address that each party may indicate to the other for this purpose.

 

APPLICABLE LAW AND JURISDICTION

These general conditions will be governed and interpreted in accordance with Spanish legislation in what is not expressly established. The parties submit to the jurisdiction of the Courts and Tribunals of Valencia for any questions that may arise or actions may be brought arising from the provision of the website service and its services and contents, and on the interpretation, application, compliance or non-compliance with the provisions of these General Conditions. In the event that the User has the status of consumer, the corresponding Courts and Tribunals will be competent in accordance with the provisions of current consumer regulations.

DISCLAIMER: This document is an automatic translation of the original text written in Spanish. In the event of any legal dispute, only the original document shall be considered valid.