GENERAL BOOKING CONDITIONS

1.- IDENTIFICATION OF THE PARTIES.

On the one hand, HOTEL NOGUERA MAR, S.L., hereinafter RESTAURANT NOGUERA, with address at Calle LLAC MAJOR, 3, 03700 Dénia (Alicante) and provided with CIF/NIF B-54011457, and owner of the domain WWW.RESTAURANTNOGUERA.COM, hereinafter Website.

And on the other hand, the User, the person who reserves a table through the Website and whose identification data are those provided directly by them by incorporating them into the different forms that RESTAURANT NOGUERA makes available to access any of the services offered through the Website.

2.- APPLICABLE LEGISLATION.

These General Booking Conditions are subject to Spanish legislation, to the provisions of Law 7/1998, of April 13, on General Contracting Conditions; in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; in Royal Decree 1906/1999, of December 17, which regulates Telephone or Electronic Contracting with General Conditions; Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights; Law 7/1996, of January 15, on the Regulation of Retail Trade; and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.

3.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.

These General Booking Conditions, hereinafter GBC, govern the provision of the table reservation service, and aim to regulate the access and table reservation regime by RESTAURANT NOGUERA to the user through the Website, constituting the legal framework that develops the contractual relationship.

The User shall always have access, prior to the start of the table Reservation procedure, to the GBC, which may be stored and/or reproduced on a durable medium.

RESTAURANT NOGUERA makes available to the User an email address, reservas@restaurantnoguera.com, through which they can contact via the contact form in order to address any doubts related to these GBC and their table reservation.

The User expressly accepts the full and unreserved adherence to these stipulations in the version published by RESTAURANT NOGUERA at the moment the User accesses the Website and has been able to access these GBC, or reserves the table they are interested in.

The User undertakes to carefully read the GBC each time they proceed to Reserve the table, given that they may have been subject to modification since the last time they accessed them.

By accepting these GBC, the User declares: That they are a person with the capacity to reserve. That they have read and accept these GBC.

The User, who declares to have sufficient legal capacity* to contract, shall be bound by these GBC at the moment they make a reservation through any of the channels indicated above.

*LEGAL LIMITATIONS: It is understood that the user is not under 18 years of age. Minors are technically restricted from registering on this Website and therefore cannot make purchases or reservations, in compliance with legal regulations. Data sent by minors will not be processed, as legislation prohibits it.

4.- MODIFICATION.

RESTAURANT NOGUERA may modify these GBC, without this affecting the reservation made by the Users prior to the modification, provided there is sufficient cause or reason for it. It is understood that there is sufficient cause or reason for the modification, by way of example and not limitation, when it aims to: Expand the range or number of products or services made available to the user or improve existing ones. Adapt the services subject to this contract to the advances that may occur due to the development of new information technologies. Modify, replace, or update the prices of the services offered through the Website.

5.- OBLIGATIONS OF THE PARTIES.

These General Booking Conditions apply to any table Reservation through the Website.

5.1.- Obligations of RESTAURANT NOGUERA: RESTAURANT NOGUERA undertakes to comply with the following contractual obligations arising from the commercial relationship with the User as a result of the table Reservation by the latter: Provide the User with the requested services with the maximum guarantees in accordance with the provisions of these GBC and without failing in contractual good faith. Expressly inform the User of the existence of these GBC prior to the start of the Reservation procedure. Inform the User prior to the Reservation and in a concrete, clear, precise, and unequivocal manner, of the specific characteristics of the requested reservation services, such as their price and applicable taxes, as well as charges for no-show without cancellation. Make available to the User a copy of the text of the GBC. Likewise, and for those services that require it, the Specific Conditions that are applicable will be made available to the User prior to the Reservation. Comply with the provisions of the regulations on the rights of consumers and users.

5.2.- Obligations of the user: For their part, the user undertakes the following contractual obligations: Fully comply with the provisions of these GBC for the services reserved on the Website. Complete the registration forms prior to the start of the Reservation procedure with truthful and current information in order to access any of the services offered on the Website. Likewise, the user guarantees and will be responsible for keeping them completely updated for the duration of their status as a User on the Website. Complete the service access forms with truthful and current information as these data are necessary for the issuance, where appropriate, of the invoice by RESTAURANT NOGUERA and the collection for the contracted services. Correctly provide the bank details requested by RESTAURANT NOGUERA, as well as pay the price of the products consumed at the time of enjoying the reservation. Omit sending messages that in any way prevent or hinder the normal functioning of the services offered by the Website. In any case, the User shall be solely and fully responsible for the content of the messages they write or send, as well as the data they provide.

6.- PAYMENT CONDITIONS. PRE-CONTRACTUAL AND CONTRACTUAL COMPLETION.

Reservations can be made, as already indicated, through three channels: Website, email, or telephone call. When making the reservation through the Website, the User must indicate: the number of people (when less than 10), the day of the reservation, and the time, then select the area of the restaurant in which they want to make the table reservation, and then the personal reservation details will be detailed, followed by food preferences, and the card number and expiry date will be requested, when reservations are for 4 or more diners, as a guarantee. When the reservation is for a group of 10 or more people, an online group request will be made, and the reservation will not be formalized until RESTAURANT NOGUERA accepts it. A charge of 20 euros per diner will be made when the day and time of the reservation arrive and they have not shown up at the restaurant.

7.- AVAILABILITY.

If RESTAURANT NOGUERA, despite acting with due foresight and diligence, could not provide a table in the reserved area, for reasons not attributable to them and if there was an impossibility of providing the services under the agreed conditions, RESTAURANT NOGUERA will offer the User the possibility of relocating to another table in the restaurant. If the service cannot be offered due to unforeseen circumstances, such as blackouts, floods, fires, etc., by RESTAURANT NOGUERA, the user will be notified as soon as possible, and no amount will be charged, nor will RESTAURANT NOGUERA compensate the user with any amount. The user will not be able to choose the specific table in the area they have selected, as the tables are organized to maximize space utilization.

8.- PRICES.

Prices include taxes and the User must pay the total prices corresponding to the products consumed. RESTAURANT NOGUERA reserves the right to modify the list of prices published on the Website when it deems it appropriate. In any case, the prices to be paid will be those that appear on the Restaurant’s menu at the time of consuming the products.

9.- METHODS OF PAYMENT

The user has the following means of payment: – Credit Card (MasterCard and Visa).

10.- ARRIVAL TIME.

The time of access to the table will be the one indicated at the time of the reservation; if 20 minutes have passed and no diner has shown up or notified of the delay, the table will be free, and a charge of 20 euros per diner for that reservation will be made, as the service is considered rendered. If they show up after the 20 minutes, a table will only be provided if one is available and not reserved for other people.

11.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS, AND LEGAL GUARANTEE.

12.1.- Procedure. To exercise the rights of cancellation, withdrawal, and use of the guarantee, the user must contact RESTAURANT NOGUERA via Tel. +34 966474107 or reservas@restaurantnoguera.com.

12.2.- Right of Cancellation. The user may cancel the reservation free of charge up to 4 hours before the reserved time. If the cancellation is made during the 4 hours before the reservation time, a charge of 20 euros per diner indicated in the reservation will be made. In the event of leaving the table before ordering food and beverages, a charge of 20 euros per diner at the table will be made, and if the table is left after ordering food and beverages, these will be charged through the card provided at the time of the table reservation.

12.3.- Right of Withdrawal. In accordance with art. 103 letter L of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users, “The right of withdrawal shall not apply to contracts that refer to: The supply of accommodation services for purposes other than serving as a dwelling, transport of goods, car rental services, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.”

13.- LIABILITY OF THE PARTIES.

13.1.- Liability of RESTAURANT NOGUERA. The content of this Website is presented solely for the purpose of promoting RESTAURANT NOGUERA‘s table reservation services, without any other guarantee of any kind. The user is warned that the use of electronic systems carries risks. RESTAURANT NOGUERA will only be liable for damages that the user may suffer as a result of the table reservation. In particular, RESTAURANT NOGUERA is exempt from any liability for potential damages: that may be caused by the lack of availability and/or continuity of the Website. that are generated to the User in case of impossibility to provide the service subject to these General Booking Conditions due to cases of fortuitous event, force majeure, or other causes not attributable to RESTAURANT NOGUERA. For these purposes, the following are considered beyond its control by way of example and not limitation, (i) the modem, (ii) the user’s computer system, (iii) the browsing software, (iv) viruses, (v) interconnection of telephone and electrical networks, (vi) ADSL, ISDN, and/or any other transport or telecommunications infrastructure used by the user. due to the inadequate operation of the Website if this is due to maintenance work, incidents, a defective operation of the user’s terminal, or its insufficient capacity to support the systems essential for using the service. RESTAURANT NOGUERA does not guarantee the absence of viruses or other elements on the Website that may produce alterations in their computer system, nor the usefulness, accuracy, updating, or infallibility of the contents or services not controlled by them. RESTAURANT NOGUERA will adopt the appropriate measures to ensure a rapid response, but cannot be held responsible for delays due to telecommunications services, nor guarantee a specific timeframe for the provision of services.

13.2.- Liability of the user. The user shall be solely responsible for the consequences derived from the communication of untrue data, as well as data belonging to persons other than the User themselves. Adopt the necessary security measures, both personal and material, to maintain the confidentiality of their username and password, as well as immediately notify RESTAURANT NOGUERA of the loss, misplacement, theft, robbery, or illegitimate access to their username, as well as its knowledge by third parties. In case of non-compliance by the user with their contractual obligations, RESTAURANT NOGUERA reserves the appropriate legal actions, as well as the right to restrict access to the services offered on the Website.

14.- CONTRACTUAL NON-COMPLIANCE.

Both contracting parties must proceed to fulfill the obligations assumed in this contract under the terms established throughout it. In the event that either of them breaches any of the essential obligations of this contract, or fulfills them defectively, the party that has, in turn, complied with theirs may consider that there has been a breach of the contract in the terms established by article 1.124 of the Civil Code, being empowered to choose between resolving the contract or demanding compliance, claiming, in both cases, the corresponding compensation for damages.

15. NOTIFICATIONS.

For the purpose of making the appropriate notifications, RESTAURANT NOGUERA designates the contact address specified in the legal notice. The email address provided by the user during the registration process on the Website will be the one used by RESTAURANT NOGUERA for the purpose of making notifications to the User. The user is obliged to keep the data referenced in this clause for notification purposes duly updated. All Notifications made by RESTAURANT NOGUERA to the User will be considered validly made if they have been carried out using the data and through the means indicated above. RESTAURANT NOGUERA is not responsible for any damage that may occur due to the user‘s breach of their obligation to keep their contact data updated.

16. NULLITY AND INEFFECTIVENESS OF CLAUSES.

If any clause included in these GBC is declared totally or partially null or ineffective, such nullity will only affect that provision or the part of it that is null or ineffective, the remaining General Booking Conditions subsisting in everything else.

17. DURATION OF THE GENERAL BOOKING CONDITIONS.

The validity period of these GBC will be the time they remain published on the Website and they will be applicable from the moment the user proceeds to Reserve any of the services.

18. COMPETENT JURISDICTION.

In case of litigation between the parties, the territorial jurisdiction shall correspond, imperatively, for the resolution of conflicts to the Courts of Dénia.