general-booking-terms-and-conditions

The purpose of this document is to regulate the general booking terms and conditions for the Pre-Booking and Online Booking services (hereafter, and interchangeably, the PreBooking and Online Booking services, or the services) of Meli&aacute; Hotels International S.A. (previously Sol Meli&aacute;, S.A.), with registered company address in Palma de Mallorca, no.24 Calle Gremio Toneleros, set up through a public deed executed before the Notary of Palma de Mallorca Mr Eduardo Mart&iacute;nez-Pi&ntilde;eiro Caram&eacute;s, on 24 June 1986 and registered in the Trade Registry of Mallorca, in Volume 1335, Folio 112, Sheet PM-22603 and Tax Number A-78304516 (hereafter Meli&aacute; or MHI, interchangeably), Tel 971 224 400. The terms &ldquo;User&rdquo; and &ldquo;You&rdquo; are used here to refer to all individuals and/or entities that, for any reason, access www.melia.com (hereafter, the website) or use the services.

Introduction

2.1. Pre-Booking Services

The online pre-booking services are merely used to offer information, and their sole purpose is to provide the user with the chance to consult the availability of rooms at the hotel or in the city of their preference, or that they are interested in.

2.2. Online Booking Services

a. The purpose of the Online Booking services is to book the rooms that the User would like in any of the hotels belonging to the Meli&aacute; chain. The use of theses online booking services constitutes a contract between the parties with full acceptance and no reservations from the user in relation to each of the general terms and conditions that regulate its use, without it being necessary or a request of the parties to have a written transcription.

b. Booking procedure: Once the booking has been made through the website, the user will receive and email to confirm their booking. For MHI, the only binding bookings are those which are confirmed via receipt of the aforementioned email by the user and under the terms outlined in said email.&nbsp;The user must verify the data outlined in the booking confirmation and notify MHI of any possible errors noticed (at the email address outlined in point 5 of these conditions), within twenty-four hours following receipt and in writing. Otherwise, they will be considered to have accepted the terms and conditions of the booking outlined in the confirmation email.

c. Guarantee: Once the confirmation email has been received and the User has not made any remarks within the outlined time frame, the booking stands and is guaranteed via payment with the credit card given when they make their booking up until arrival at the hotel.

d. Termination of the contract or cancellation of the booking: The credit card only serves as a guarantee. The cancellation of bookings by the user will not result in advance cancellation costs, provided that the cancellation is made before the time listed as the deadline in each country (local hotel time) on the arrival date.

Following this deadline, MHI will charge cancellation costs by way of compensation, amounting to the total of the first night (VAT and fees included). If you would like to make a change or cancel your booking, you should do so before the arrival date outlined in the original booking, specified in the particular conditions of your selected rate or offer. Otherwise, the corresponding specified charges will be applied.

This clause is not valid for bookings made with special rates. In this case, the respective 
conditions outlined will be applied.

The deadline for arriving at the hotel in each country is that which is outlined on the booking 
made and which will appear at the time of bookings, as well as in the booking confirmation 
email.

Use of the Pre-Booking and Online Booking services by the User through the website

3.1 Website content

MHI declares that the industrial property rights includes on this website, including, but not limited to: articles, texts, designs, photographs, images, logos, videos, audio, databases, software, and the overall website, are its property or are being legitimately employed as a result of agreements or licenses with third parties for their use and/or are duly protected by current regulations relating to Intellectual and Industrial Property, therefore it is prohibited to use them without express prior authorisation from MHI. All of the names, designs and/or logos that comprise this page are duly registered brands. Any improper use of them by anyone other than their legitimate owner shall be prosecuted in compliance with current legislation. The User is obliged to use the website in a diligent, correct and lawful manner and, in particular, they promise to refrain from:

a. Deleting, evading or manipulating copyright, brands and other identifying data of the rights of MHI or of its holders that are incorporated into the content and/or products marketed from the MHI website, as well as technical protection devices, digital footprints or any information mechanism that could contain them.

b. Using the content and, specifically, the MHI information obtained through its website in order to send advertising, communication material for the purpose of direct sales or for any other kind of commercial purpose, or unrequested messages targeted at a large number of people.

c. Reproduce or copy, distribute, allow public access through any mode of public communication, transform or modify the content, unless they have authorisation from the holder of the corresponding rights or it is legally permitted.

d. In general terms, use the content in a way, with purposes, or with effects that are contrary to the law, to morality, and generally accepted good practices, or public order. MHI does not grant any kind of license or usage permit for any of its industrial and intellectual property rights or any other property or right related to its website.

3.2. Infringement of Intellectual and Industrial Property Rights

MHI has a solid commitment to protecting Intellectual and Industrial Property on the Internet. For this purpose, MHI states that it applies and implements high security standards in order to protect the content that is displayed on its website. However, despite that, extraordinary situations may arise that MHI cannot be held responsible for, situations that are out of its control. Once these situations have been identified and checked, they will be corrected as quickly as possible.

3.3. Access to the website and use of links

MHI accepts no liability for websites that are not its own, which can be accessed via links, or any other content that is made available by third parties. Any use of a link or access point to a website that is not MHI&rsquo;s property, is done so willingly by the User and at their own risk. MHI does not recommend or guarantee any information obtained as a result of or through a link, nor is it responsible for any losses, claims or damage resulting from the use or misuse of a link, or from the information obtained through it, including other links or websites. Likewise, it is not responsible for the interruption in service or upon access, or for the attempt to use or misuse a link, upon entering the website as well as accessing the information from other websites.

Correct use of the Content of the Website by the User

4.1. Modification

MHI reserves the right to modify these General Booking Terms and/or Conditions, and it will inform users of the changes made through the website, www.melia.com

4.2. Continuity

If one of the provisions of these General Booking Terms and/or Conditions is declared null, the other General Terms and Conditions not affected by that nullification will remain in force for the parties under the agreed terms. Any provision that may be affected by that nullification must be replaced, and the replacement should, complying with law, be close to the purpose of the initial provision.

No provision in this contract will in any way affect the mandatory provisions relating to consumers. If you are not a consumer, by accepting these terms and conditions you expressly waive your right of withdrawal.

Modification and Continuity of the General Booking Terms and/or Conditions

5.1 MHI does not guarantee the reliability, availability or continuity of services provided to the user, therefore it exempts itself from any liability due to damage and/or loss that may result from a lack of availability, reliability or continuity of the website or its servces, although it will try to provide, as best as possible, technical help to the person affected, as well as try to re-establish the interrupted service, by providing, as best as possible, alternative resources. Under no circumstances will mhi be responsible for any type of loss, damage or harm resulting from access to and/or use of the website and booking system. To make a complaint, clients can either go to the reception of the hotel itself, or do so via the email address: <a href="mailto:atencionalcliente.reservas@melia.com">atencionalcliente.reservas@melia.com</a>.

5.2 MHI is not required to control and does not control in advance, the absence of viruses or elements within content that could lead to changes in the software or hardware of users or people that visit the website, therefore it will not be held liable for any kind of loss or damage that may result from what is outlined above.

5.3 If MHI, despite acting with due precaution and diligence, is unable to provide the booked rooms for reasons that it cannot be held responsible for and it is impossible to provide the services under the agreed terms, it will offer the user the chance to choose a total refund of what was paid, or to replace the booked service with another of similar characteristics in terms of category or quality. If the service of the replacement offered is of a lower category or quality, mhi must refund the difference to the user.

Legal Disclaimer

These Terms and/or General Booking Conditions are governed by Spanish Law. In order to resolve any dispute that may arise in relation their validity, implementation, compliance or termination, total or partial, MHI and the user are subject to the jurisdiction of the Courts and Tribunals of Palma de Mallorca, and expressly waive their own jurisdiction or any other that could apply to them. This contract constitutes the complete and integral expression of the agreement between MHI and the user, and it replaces all prior pacts, commitments, statements or agreements, either written or verbal, that may previously have existed between both parties.

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