Hostal Moscatel

Málaga · Andalusia · Spain

1.Identification of the establishment

These General Terms and Conditions govern the booking of the tourist accommodation services offered by:

Booking the services implies acceptance of these General Terms and Conditions, which must be made available to the customer before the booking is completed.

2.Purpose of the contract

These General Terms and Conditions govern the booking and provision of the tourist accommodation services offered by Hostal Moscatel, as well as any complementary services that may be booked.

The contract covers only the services expressly included in the confirmed booking.

Any additional service shall be subject to availability, acceptance by the establishment and, where applicable, payment of the corresponding supplement.

3.Booking process

The booking shall be deemed completed once the customer has finished the booking process and received the corresponding confirmation from the establishment, without prejudice to the payment obligations established for each rate.

The booking holder declares:

• That they are over 18 years of age and have the legal capacity to enter into contracts.
• That the information provided is accurate and truthful.
• That they are aware of and accept the specific conditions of the selected rate.
• That they undertake to comply with the establishment’s Internal Regulations.
• That all minors included in the booking will be accompanied throughout their stay by their father, mother or duly accredited legal guardian.

The customer shall be responsible for checking the details in the confirmation received and reporting any error as soon as possible.

4.Prices and rates

All published prices include the applicable VAT in force, unless expressly stated otherwise in accordance with the regulations.

Rates may vary depending on:

• Dates and length of stay.
• Room category and occupancy.
• How far in advance the booking is made.
• Availability.
• Current promotions and commercial conditions.

The price confirmed in the booking shall apply to the services booked, unless subsequent changes are expressly agreed by both parties.

Additional services not included in the booking will be invoiced separately.

Promotions, discounts and special offers shall be subject to their own booking conditions and may not be combined unless expressly stated.

5.Payment terms

Payment terms will depend on the selected rate and the specific conditions accepted by the customer during the booking process.

5.1. Prepaid rates

The establishment may send a secure payment link to the email address provided by the customer during the booking process.

The corresponding amount must be paid within the period indicated in the booking conditions.

Failure to pay within the established period shall entitle the establishment to cancel the booking automatically, in accordance with section 5.4.

5.2. BeSafe rates

The full amount of the booking will be charged at the time indicated during the booking process.

BeSafe rates include travel insurance provided by an external insurance company.

Once the booking is confirmed, the guest will receive at the email address provided the policy documents, its coverage, exclusions and the procedure for handling incidents, cancellations or refund requests covered by the insurance.

Any enquiry, claim, procedure or request relating to the policy must be made directly with the insurance company, in accordance with the general and specific conditions of the insurance purchased.

Hostal Moscatel does not take part in assessing or settling claims, which is the responsibility of the insurer, without prejudice to any liability that may legally correspond to the establishment.

5.3. Group bookings

A group booking is any booking of two or more rooms, made jointly or through separate bookings corresponding to the same group of travellers.

Group bookings are subject to the following conditions:

The deposit shall be non-refundable in the event of total or partial cancellation by the customer, provided that this condition has been expressly communicated and accepted during the booking process.

For bookings made less than seven days in advance, the establishment may require full payment at the time of booking.

Changes. Any change to the number of rooms, arrival or departure dates, length of stay or number of guests shall be subject to availability and express acceptance by the establishment.

Bookings of three or more rooms. Bookings of three or more rooms require the prior and express authorisation of Hostal Moscatel.

The establishment may cancel bookings of three or more rooms made through the online booking system without such authorisation, even when they have been made through separate transactions corresponding to the same group of travellers, provided that this restriction was communicated before booking and the customer’s legally recognised rights are respected.

In such cases, the cancellation will be communicated to the booking holder and any amounts paid will be refunded in full.

The specific conditions for group bookings shall prevail over the general conditions for individual rates when they have been duly communicated and accepted during the booking process.

5.4. Automatic cancellation for non-payment

The customer must make the payments for their booking within the periods established in the specific conditions of the rate booked.

Failure to meet any of these deadlines shall entitle Hostal Moscatel to cancel the booking automatically, without further notice, provided that the customer was informed of this condition in advance during the booking process and the applicable legal requirements are respected.

Cancellation for non-payment will release the reserved rooms, which may be made available to other customers again.

Any amounts previously paid shall be subject to the cancellation and refund conditions expressly accepted at the time of booking, in all cases in accordance with the applicable consumer protection regulations.

5.5. General provisions

All payments must be made using the methods enabled or expressly authorised by the establishment.

Additional services booked during the stay or after the booking must be paid in accordance with the conditions communicated for each service.

Requesting an additional service does not imply its confirmation until the establishment has expressly agreed to provide it and, where applicable, the required payment has been made.

6.Cancellations and changes

The cancellation and modification conditions shall be those expressly accepted by the customer during the booking process.

Each rate may establish specific conditions regarding:

• Free cancellation up to a certain date.
• Penalties for late cancellation.
• Non-refundable conditions.
• Changes to dates or length of stay.
• Penalties for no-shows.

Changes to bookings shall be subject to availability and to the commercial conditions in force at the time of the request.

7.Right of withdrawal

In accordance with Article 103(l) of Spanish Royal Legislative Decree 1/2007, the fourteen-day right of withdrawal does not apply to contracts for accommodation services for specific dates or periods of performance, where the accommodation is booked for purposes other than residential use.

Consequently, cancellations shall be governed by the specific conditions of the rate booked and by the rights recognised under applicable law.

8.Guest registration and minors

All guests must identify themselves and provide the information required by current guest registration regulations, including Spanish Royal Decree 933/2021.

The establishment may require online check-in before arrival.

Failure to comply with the legal identification requirements may prevent access to the accommodation.

Minors

As a condition of admission, Hostal Moscatel establishes that guests under 18 may only stay if accompanied throughout their stay by their father, mother or duly accredited legal guardian.

Minors travelling alone or accompanied only by other adults who do not hold such legal status will not be admitted.

Failure to comply with this condition may result in accommodation being refused or the booking being terminated, with the contractually agreed financial consequences applying to the extent permitted by current legislation.

This condition must be expressly communicated before the booking is completed, without prejudice to consumers’ legally recognised rights and the applicable non-discrimination obligations.

9.Check-in and check-out times

Early check-ins and late check-outs are subject to availability and may incur supplements, which will be communicated and accepted in advance.

Booking a room for a given date does not entitle the guest to occupy it before 2:00 pm on that day, even if they arrive during the early hours of the morning.

10.Arrivals outside reception hours

Hostal Moscatel has a self check-in access system to facilitate arrivals outside staffed reception hours.

Guests planning to arrive outside these hours must notify the establishment at least 24 hours in advance, whenever possible.

To receive the access instructions, guests must:

• Complete the required guest registration.
• Have fulfilled the corresponding payment obligations.
• Provide valid contact details.
• Follow the access instructions provided by the establishment.

The instructions may be sent by email or electronic messaging.

The guest shall be responsible for the proper and confidential use of the access codes and means provided.

In the event of any issue on arrival, the guest should call the assistance telephone number displayed at the entrance to the establishment.

11.Room occupancy

Each room has a maximum authorised capacity, which must be respected throughout the stay.

Only the persons included in the booking and duly registered may stay in the room.

The following are prohibited:

• Exceeding the maximum authorised occupancy.
• Allowing unregistered persons to stay overnight.
• Transferring the room to third parties.
• Using the room for purposes other than the accommodation booked.

Failure to comply with these conditions may result in termination of the contract, in accordance with applicable law.

12.Pets

Hostal Moscatel accepts pets under the conditions set out in its specific policy and in the Internal Regulations.

As a general rule:

• Only domestic dogs and cats weighing up to 10 kg are accepted.
• One pet per room is allowed.
• Prior authorisation is required.
• The corresponding supplement per pet per night will apply.
• Pets may not be left alone in the rooms.
• The owner shall be liable for any damage, deterioration or disturbance caused.
• The establishment may request the applicable health and vaccination documents.

The admission of pets is subject to compliance with the rules of coexistence, hygiene and safety.

These conditions apply without prejudice to the specific regulations on legally recognised assistance dogs.

13.House rules

Guests must respect the rest, peace and safety of other guests.

The following are prohibited:

• Holding parties or gatherings that disturb the peace.
• Making noise that causes disturbance.
• Using music equipment or speakers at a volume that disturbs others’ rest.
• Behaving in an aggressive or offensive manner, or contrary to the rules of coexistence.
• Carrying out unlawful activities within the establishment.

All guests must comply with the Internal Regulations, which are available for consultation.

14.Smoking ban and electrical safety

Smoking is prohibited in rooms, bathrooms, common areas and any other areas of the establishment designated as smoke-free.

This ban includes electronic cigarettes and vaping devices.

For safety and fire prevention reasons, the following are expressly prohibited:

• Ironing in the rooms.
• Using irons, hotplates, heating elements or portable heaters not provided by the establishment.
• Using adapters, multi-plugs, power strips or devices intended to increase the number of electrical sockets available.
• Connecting high-consumption electrical appliances not related to normal use of the accommodation.
• Charging or storing electric scooters, electric bicycles or high-capacity lithium batteries without express authorisation.

Failure to comply with these rules may lead to the measures necessary to ensure safety being taken and, where appropriate, to termination of the stay and a claim for proven damage.

15.Cleaning and bed linen changes

Hostal Moscatel is committed to the responsible use of water, energy and natural resources.

Room cleaning usually takes place between 9:00 am and 12:30 pm, depending on the establishment’s schedule.

To request cleaning, guests must display the corresponding cleaning sign.

If the room is occupied when staff carry out their rounds, cleaning may be done the following day.

These supplements will be communicated before the requested service is carried out.

The frequencies indicated apply without prejudice to any cleaning or replacement necessary for hygiene reasons or required by regulations.

16.Liability for damage

Guests shall be liable for any damage caused by improper or negligent use of the facilities, furniture, equipment or decorative items of the establishment.

Hostal Moscatel may claim the duly justified costs of repair, replacement or extraordinary cleaning resulting from such damage.

The establishment may document the damage and inform the booking holder of the amounts claimed.

Ordinary wear and tear resulting from normal use of the facilities shall not be considered damage attributable to the guest.

17.Personal belongings

Guests are responsible for the ordinary safekeeping of their belongings and must take reasonable measures to protect their personal items.

The establishment shall not be liable for any loss, theft or damage not legally attributable to it.

This provision applies without prejudice to the liabilities established in the Spanish Civil Code and other current regulations regarding items brought by travellers into accommodation establishments.

18.Services provided by third parties

Hostal Moscatel may facilitate the booking of complementary services provided by independent companies, including:

• Taxi and transfer services.
• Car hire.
• Excursions and tourist activities.
• Other external services requested by the customer.

The booking of these services shall be subject to availability and to the specific conditions of the corresponding provider.

Merely requesting a service does not imply its confirmation.

Where Hostal Moscatel acts solely as an intermediary, the actual performance of the service shall be the responsibility of the provider engaged.

In the event of cancellation, unavailability, delay, industry strike, operational incident or inability of the external provider to deliver the service, Hostal Moscatel shall not be obliged to pay additional compensation for events not legally attributable to it.

The foregoing is without prejudice to any refund rights of the customer and to any legal liability that may arise from the establishment’s involvement.

19.Right of admission and termination of the contract

Hostal Moscatel may refuse access or terminate the stay for legally justified reasons and in accordance with the applicable tourism regulations.

Grounds for termination may include, among others:

• Serious breach of the Internal Regulations.
• Aggressive behaviour or threats towards staff or other guests.
• Serious or repeated disturbances of coexistence.
• Occupancy exceeding the authorised limit.
• Accommodating unregistered persons.
• Serious breach of safety rules.
• Intentional damage to the facilities.
• Carrying out unlawful activities.

Termination of the contract due to a breach attributable to the guest may result in the application of the contractually agreed penalties and a claim for proven damage, always within the limits established by current legislation.

The right of admission must at all times be exercised in compliance with equality and non-discrimination regulations.

20.Inability to provide the accommodation

Where, due to extraordinary or unforeseen circumstances beyond the reasonable control of the establishment, it becomes impossible to provide the accommodation service booked, Hostal Moscatel will inform the customer as soon as it becomes aware of the incident.

Amounts corresponding to services not provided will be refunded where legally applicable.

In duly proven cases of force majeure, the establishment shall not be liable for additional compensation for losses whose indemnification is not legally required.

This provision does not limit the consumer’s non-waivable rights, nor does it exclude the establishment’s liability for causes attributable to it.

21.Bookings made through intermediaries

Bookings made through travel agencies, online travel agencies (OTAs), tour operators, central reservation services or any other intermediary shall be subject to the specific conditions accepted at the time of booking.

Requests for changes, cancellations or refunds must, as a general rule, be made through the channel used to make the booking.

Hostal Moscatel may provide assistance and information to the guest, but may not unilaterally change the commercial conditions established by the intermediary.

Matters relating to charges, invoicing or complaints must be addressed to the entity responsible for each transaction, without prejudice to the establishment’s legal obligations.

22.Personal data protection

In compliance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and Spanish Organic Law 3/2018, the customer is informed that their personal data will be processed by Hostal Moscatel Salitre Málaga, S.L.

The data may be used to:

• Manage bookings and stays.
• Provide the services booked.
• Manage payments and invoicing.
• Respond to enquiries and requests.
• Comply with legal and administrative obligations.
• Make mandatory notifications to the competent authorities.
• Send commercial communications where there is a legal basis allowing it.

The processing shall be based, as appropriate, on the performance of the contract, compliance with legal obligations, the data subject’s consent or other legal bases provided for in the regulations.

The data may be disclosed to Public Administrations and Law Enforcement Agencies where legally required, as well as to providers involved in delivering the services, with the required safeguards.

The data will be kept for the periods necessary to fulfil the purposes indicated and the applicable legal obligations.

The data subject may exercise their rights of access, rectification, erasure, objection, restriction of processing and portability, where applicable, by sending a request to info@hostalmoscatel.com.

They may also lodge a complaint with the Spanish Data Protection Agency (AEPD).

Full information on the processing of personal data is available in the establishment’s Privacy Policy.

23.Mandatory reporting of data to the authorities

In accordance with Spanish Royal Decree 933/2021 and other applicable regulations, Hostal Moscatel is required to collect certain traveller data and report it to the competent authorities.

Guests must provide the legally required information in order to complete their check-in.

Refusal to provide the mandatory data may prevent the stay from being formalised and access to the establishment.

24.Complaints

Hostal Moscatel provides customers with the necessary service channels to report incidents, submit enquiries or make complaints.

The establishment has official complaint forms in accordance with the regulations in force in Andalusia.

Complaints may be submitted through the establishment’s official channels, without prejudice to the consumer’s right to turn to the consumer authorities and the legally available dispute resolution mechanisms.

25.Applicable law and jurisdiction

These General Terms and Conditions shall be governed by Spanish law and by the tourism regulations applicable in the Autonomous Community of Andalusia.

Any dispute arising from the booking shall be submitted to the courts and tribunals with jurisdiction under current legislation, respecting the jurisdictional rights legally granted to consumers and users.

Should any provision be declared null and void, this shall not affect the validity of the remaining conditions, provided that the contract can legally remain in force.

26.Acceptance of the general terms and conditions

Before completing the booking, the customer must have access to these General Terms and Conditions of Booking, the specific conditions of the selected rate and the Internal Regulations.

Confirmation of the booking implies acceptance of the conditions duly provided during the booking process.

Specific conditions expressly accepted shall prevail over the general conditions in matters they specifically regulate, provided they comply with applicable law.