General Terms of Sale

It is important that you (hereinafter, “the User”) carefully read the following general conditions of Use of the Website and the process of contracting or booking (“the Reservation/s”) accommodation or vacation lodging services (“the Service/s”), to be properly informed and accept both the conditions of access and navigation on the website nicecamps.net, as well as the terms and conditions that regulate the contracting of the Services offered by:

Owner: SANTA ELENA 360 SL

Registered Address: Avda. Vila de Blanes 166-168, Lloret de Mar 17310, Girona (Spain)

Tax ID (NIF): B10541118

Registration: Girona Commercial Registry

Customer service phone: 930462001

Email: info@nicecamps.es

Hereinafter, “THE PROVIDER”.

General conditions of use of the website

User access to https://campingsantaelena.com/, hereinafter, “the Portal” or “Website”, is conditioned upon prior reading and acceptance of these GENERAL TERMS OF USE, or those in effect at the time of access. If the User does not agree with these terms of use, they must refrain from using this Portal and conducting any transactions on it.

However, access to certain content may be subject to specific conditions, which will in any case be presented by THE PROVIDER to the User, who must expressly accept them when applicable.

By browsing THE PROVIDER’s Portal, you acquire the status of USER. Browsing the Portal implies acceptance as a USER of the terms of use, without prejudice to the explicit acceptance by the USER of the General Terms of Contracting, the data protection policy, and, where applicable, any Specific Conditions that may exist regarding the provision of services.

At any time, THE PROVIDER may modify the presentation and configuration of the Website, the legal information and documentation, and the services and content provided, all in accordance with the provisions of Articles 126 and 126 bis of Royal Legislative Decree 1/2007 of November 16.

Conditions applicable to links:

All content on this Portal is owned by THE PROVIDER. However, in the case of links or hyperlinks (“links”) to other websites managed by third parties unrelated to THE PROVIDER, it cannot guarantee the content or information collected on third-party websites accessible through such links, nor the accuracy of their content. Consequently, THE PROVIDER is exempt from any liability for damages of any kind that may arise from their use.

However, if the User becomes aware that activities conducted through these websites are illegal, they must inform THE PROVIDER, which will proceed to disable the link.

Links from other websites to THE PROVIDER’s Portal

The information available on the Portal, which is not subject to prior registration, is accessible to users. However, its commercial exploitation or use for advertising purposes is strictly prohibited. Reproducing, distributing, transmitting, adapting, or modifying the content of this Website or its design by any means is also prohibited.

Access to the Portal by minors is prohibited. If a minor accesses the Portal and/or registers, THE PROVIDER will presume that such access has been authorized expressly and in advance by their parents or legal representatives, without prejudice to THE PROVIDER conducting any verifications it deems appropriate.

THE PROVIDER is not responsible for the accuracy of the registration data provided by the User. The User undertakes and is solely responsible for ensuring that the information provided to THE PROVIDER is appropriate, truthful, and accurate.

Conditions of Use of the Portal

The User bears full responsibility for accessing or using the Portal for illegal or unauthorized purposes. Among other things, the following actions are prohibited:

• Using the Portal to install or publish viruses, harmful programs, or files.
• Using the Portal in a way that may cause damage, interference, or malfunctions in THE PROVIDER’s computer systems.
• Breaching security and/or authentication measures of the Portal and/or any network connected to it.
• Registering with false identities, impersonating third parties, and/or engaging in any activity that could mislead other users about the origin of a message.
• Using the Portal to collect personal data from other users.
• Disrupting the proper conduct of an event, contest, promotion, or any other activity organized through the Portal.
• Overloading the Portal’s infrastructure or THE PROVIDER’s systems and networks, as well as connected systems and networks.
• Using the Portal in a way that violates good faith, the law, morality, or public order.

Any of these actions carried out by the User will entitle THE PROVIDER to take appropriate legal action to defend its rights and to delete and/or block the User’s account without any right to compensation.

Responsibilities and Guarantees of Portal Use

THE PROVIDER declares that it has taken all necessary measures, within its technological capabilities, to ensure the proper functioning of the Portal, minimize system errors, and guarantee maximum security for Users. However, it cannot guarantee that damages caused to the User by any person violating the conditions set by THE PROVIDER on its Portal and/or technical security measures will not occur.

THE PROVIDER does not guarantee the usefulness or performance of the content of its Portal for Users. Furthermore, it does not guarantee the legality, reliability, truthfulness, or usefulness of content provided by third parties on its Portal, except for content published directly by THE PROVIDER.

Intellectual and Industrial Property Rights

THE PROVIDER owns and/or holds the necessary licenses for the intellectual and industrial property rights of the Portal’s design, programming, and content. Access and/or navigation on the Portal does not grant the User any rights to use such intellectual property beyond what is strictly necessary for service enjoyment according to the Terms of Use.

The contents of the website, including copyright and intellectual property rights, belong to THE PROVIDER or its content suppliers. Users may access the website and print a copy of the contents for personal use but are prohibited from using the Portal or its contents in any way that could infringe industrial and/or intellectual property rights or damage its normal operation, THE PROVIDER’s assets or rights, its suppliers, other USERS, or third parties in general.

All intellectual and industrial property rights on the Portal’s content and/or services are reserved, and modification, reproduction, public communication, copying, transformation, or distribution of any kind, in whole or in part, for public or commercial purposes, without THE PROVIDER’s express authorization, is strictly prohibited.

If the User becomes aware of any illegal content or content that violates intellectual and/or industrial property rights, they must notify THE PROVIDER at the following email address: info@nicecamps.es.

General Terms of Contracting

These General Terms have been drafted in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 6/2020 regulating certain aspects of electronic trust services, the Catalonia Tourism Law 13/2002, Decree 75/2020 on tourism in Catalonia, and other applicable regional regulations.

THE PROVIDER informs that the procedures for making Reservations are those described in these general conditions, as well as those specifically indicated on-screen during navigation, so the User acknowledges and accepts these procedures as necessary to access the products and services offered on the Portal.

All information provided during the contracting process will be stored by THE PROVIDER, so the User may also store it. Any modification and/or correction of the data provided by Users during navigation must be made according to the indications included in the Portal.

Purpose

This contractual document contains the General Terms aimed at regulating both the availability of information and the commercial relationships that arise between THE PROVIDER and the third-party Users of the Portal (“Clients”) who make Reservations for Services through it. It is not possible to contract any Service without prior acceptance of these General Terms.

These General Terms will remain published on the Website and available to Clients for review and storage as confirmation of the contract. They may be modified at any time by THE PROVIDER through their publication on the Portal so that Clients may be informed before visiting the Portal or making any Reservation. It is the Client’s responsibility to read them before making any Reservation, as the applicable version will be the one in effect at the time of the Reservation.

Making a Reservation through the Portal implies full and unconditional acceptance by the Client of all these General Terms and, if applicable, any Specific Conditions that may exist regarding the contracted Services.

Reservations made by a minor who provides false information during registration will be deemed to have been made under the supervision and authorization of their parents or legal representatives.

By accepting this document, the Client:

• Has read, understands, and comprehends the content herein.
• Acknowledges that the contract has been drafted and will be concluded in Spanish.
• Has sufficient legal capacity to contract.
• Accepts all obligations set forth herein.

These conditions will remain in effect indefinitely as long as they are accessible through the Portal and will apply to all contracts made via the Website, without prejudice to any Specific Conditions that may apply at the time of Reservation.

Identity of the Contracting Parties

The PROVIDER of the information society services operating on the Portal is Santa Elena 360 S.L., with registered address at Avda. Vila de Blanes No. 166, NIF B10541118, registered in the Girona Commercial Registry, customer service phone 930462001, and email info@nicecamps.es.

On the other hand, the Client will provide their details in the reservation form and accept these terms to complete the service contract.

Additionally, all persons staying at the establishment must be identified in accordance with applicable regulations.

Access to the Portal and Electronic Contracting

Access and consultation of the catalog of Services published on the Portal are free of charge, and no registration is required for Users. THE PROVIDER reserves the right to cancel or temporarily suspend access to the Website for Users who have outstanding debts with THE PROVIDER or who have not accepted the updates to the General Terms.

Services Offered on the Portal

All accommodation services will be offered through the Portal, and THE PROVIDER will indicate the characteristics of the Service, its availability, full pricing, discounts, and any related or additional services, which will be invoiced together.

Reservation Process

The accommodation availability calendar and the online Reservation Services are for informational purposes only. Their primary function is to allow the User to check accommodation availability.

Before confirming a reservation, the User acknowledges that there may be restrictions related to specific Services that may not be available during their stay or limitations on access to certain areas of the establishment. The User agrees to use the accommodation and facilities appropriately.

Please check the internal regulations of “Nicecamps Accommodations” at the following link:
https://campingsantaelena.com//normas-del-camping-santa-elena.

The User must review these Internal Regulations beforehand, as they are considered accepted upon making a Reservation.

Any violation of these rules or behavior contrary to good customs and public order may result in the establishment requesting the User to leave the premises without compensation or refund. The establishment will not be liable for any direct or indirect damage resulting from improper use of the accommodation, including, but not limited to: destruction, losses due to fire, theft, crime, accidents, or other damages.

Internal Regulations

• Quiet hours are from 12:00 AM to 8:00 AM. No vehicle circulation is allowed within the campsite during these hours.
• Pets are allowed, except in glamping tents.
• Dispose of waste in the campsite’s recycling points.
• Leave the accommodation as you found it: furniture in place, no trash, lights turned off.
• Return the key to Reception. The accommodation will be checked, and if everything is in order, the security deposit will be refunded within 2-7 business days.

At the time of full or partial advance payment, the User will receive an email confirming whether their reservation has been accepted. This email serves as proof of Reservation. If the confirmation is not received within 24 hours, the reservation will be considered unfulfilled, and any amount paid will be refunded as soon as possible. The User must verify the reservation confirmation and immediately notify us in writing of any errors.

Upon arrival at the establishment, the User must present the Reservation confirmation.

Accommodations:

• Accommodation will be available from 4:00 PM on the contracted arrival day.
• Check-out must be done before 11:00 a.m. on the last contracted day. The accommodation must be left in the same condition as on the arrival day: furniture in place, waste removed, lights and fans/heaters turned off.
• Bed sheets and towels are NOT included, except in premium accommodations such as Elena Premium 8 PAX with Jacuzzi, Glamping Safari, and Glamping Explorer.
• Smoking is prohibited inside the accommodations.
• Pets are allowed in some accommodations.
• The maximum occupancy set for each type of accommodation cannot be exceeded under any circumstances.
• One vehicle per accommodation is allowed and included in the price. The vehicle must be parked in the designated area indicated by the campsite.

Only registered guests at check-in will have access to the accommodation and campsite facilities. If additional guests are added after check-in and there is available space in the accommodation, they must register at Reception and pay the corresponding fees.

Client Guarantee

Santa Elena 360 SL reserves the right to request a deposit of €100 via bank card as a guarantee against any potential damages or losses that may occur. The refund (if applicable) will be processed between 2 and 7 calendar days after the departure date, VIA BANK CARD.

Identification of Guests

All individuals staying at the establishment must be identified, in accordance with current regulations. For the purposes of reservation and price calculation:

Infants aged 0 to 3 are not counted in the total number of guests included in the booking.
Children between 3 and 10 years old will be considered child occupants.
From the age of 10, guests will be considered adults, as they use all the campsite’s facilities and services under the same conditions.

It is the Client’s responsibility to provide accurate information about the group’s composition when confirming the Booking. Any discrepancy detected at check-in may result in price adjustments or even denial of service if the maximum occupancy per accommodation is exceeded.

Price and Payment Methods

Prices, Advance Payment, and Billing

• Prices may vary until the reservation is confirmed. Any price changes will be duly communicated. No modifications will apply to prices once the reservation has been confirmed, provided that the initial conditions remain unchanged.
• The prices indicated for each Service include, separately, any applicable taxes. Unless explicitly stated otherwise, these prices do not include additional services not mentioned in the offer. Prices depend on the type of accommodation and selected dates and may be subject to updates.
• The applicable prices for each product are those published on the Portal and are expressed in EURO currency.
• The final breakdown will show the total price of the contracted Service, including indirect taxes or any other applicable fees or taxes. The tourist tax (if applicable) will also be listed separately. The establishment will make every effort to inform the User of this tax before booking, although it is subject to possible changes according to applicable regulations.
• Reservations must be paid in euros via bank card (Visa, Mastercard, or Eurocard). Exceptionally, cash payments (maximum €999) may be accepted at reception upon arrival.
• The final price of the stay is subject to the initially contracted terms. Any changes (dates, occupants, extras) may result in a price adjustment.
• The deposit for reservations will be as follows:
  • For reservations made more than 7 days before the arrival date: 40% of the total amount. The remaining balance must be paid via a payment link provided 7 days before the arrival date or through online check-in. For reservations between July 1 and August 31, the payment link will be provided 30 days before arrival.
  • For reservations made 7 days or less before the arrival date: 100% of the total amount.
• In any case, any remaining balance (if applicable) and the Tourist Tax must be paid at reception on the arrival day.

By accepting these General Terms of Contracting, the client agrees to receive invoices related to THE PROVIDER’s services in electronic format. However, if the client prefers a physical invoice (paper format), they must send an email request to info@nicecamps.es, identifying themselves properly and providing the Reservation number for which the physical invoice is requested.

Payment Methods

THE PROVIDER is responsible for processing financial transactions and allows the following payment methods for the Reservation and/or advance payment. At the time of booking, only one of the listed methods may be valid for that specific Reservation.

• BANK TRANSFER
• CREDIT OR DEBIT CARD
• CASH (LIMIT OF €1,000)

For credit card payments, transactions are processed through a secure connection directly with the banking entity handling the transaction. All procedures are managed directly on the payment server without THE PROVIDER or any third party having access to them.

The secure payment server will contact the financial institution that issued the card to request authorization for the transaction. The process will then return to THE PROVIDER’s website.

For card payments, or if this payment method is used as a guarantee, the credit card holder must be one of the guests staying at the establishment. The card used for the Reservation will be requested upon arrival to verify that the details provided are correct. The cardholder must be present at check-in. Otherwise, payment must be made at the establishment.

If, for any reason, the payment transaction fails, the Reservation process will be automatically canceled, and the Reservation will not take effect. THE PROVIDER will notify the Client of this situation by email or SMS.

If a payment failure occurs (due to reasons such as an expired payment method, insufficient funds, or any other cause), THE PROVIDER reserves the right to suspend or cancel the Reservation. Some payment methods may incur additional fees, such as foreign currency exchange charges or processing fees imposed by the card issuer, which are beyond THE PROVIDER’s control.

Other Terms

• Confirming the Reservation payment constitutes acceptance of the General Terms.
• For each procedure (new reservation, modification, etc.), a new confirmation document will be issued, replacing the previous one (if any). It is the responsibility of the reservation holder to verify the information and, in case of any error, immediately notify the Reservations Center.
• Assigning a specific accommodation number does not imply any obligation on the part of Santa Elena 360. Santa Elena 360 reserves the right to modify the assigned accommodation.
• Santa Elena 360 reserves the right to modify service hours during the season and to close facilities without prior notice.
• The information provided on Santa Elena 360’s corporate website is for guidance purposes only and does not have any contractual value. If a user has made a booking based on inaccurate information on the website, Santa Elena 360 will notify them, and they will have the right to cancel the booking without any costs.
• Wearing the identification wristband inside the premises at all times is mandatory, in order to ensure access control.

Security Measures

The website uses industry-standard information security techniques, such as SSL encryption, secure web pages, firewalls, access control procedures, and cryptographic mechanisms, to prevent unauthorized access to data. To this end, the Client agrees that THE PROVIDER may collect data for authentication purposes and access control verification.

THE PROVIDER is committed to preventing any transactions that may be considered illegal by credit card brands or acquiring banks, as well as those that could damage their reputation or negatively impact them.

Additional Services

Any services not included in the accommodation offer or services not directly provided by the establishment will be billed separately if contracted by the Client.

Reservation Modification / Cancellation Policy

According to Article 103.i of the Consumer and User Law (RDL 1/2007), the Right of Withdrawal does not apply to this contract.

The User may modify or cancel the reservation through any contact method listed on the website. In such cases, the following conditions and penalties will apply:

• Only the reservation holder can manage the reservation.
• Requests for changes or cancellations must be submitted in writing via email to info@nicecamps.es. The Reservations Center will evaluate and communicate the resolution. Acceptance of modifications is not guaranteed.
• The date of the email receipt will determine the refund amount calculation.
• For date changes, the applicable price will be the one in effect at the time of modification.
• Any modification will result in a recalculation of the deposit.
• If the modification reduces the initially contracted stay value, a €50 fee will apply unless cancellation insurance is contracted.
• Modifications made 30 days or less before arrival will not be accepted unless cancellation insurance is contracted.
• Cancellations received more than 30 days before the arrival date will receive a full refund of the deposit, minus a €50 cancellation fee unless cancellation insurance is contracted.
• Cancellations received 30 days or less before the arrival date will result in the full loss of the deposit.

No-show Policy

If the User does not check in on the scheduled arrival day, the reservation will be held until the paid deposit amount is depleted, up to a maximum of 48 hours. After this period, the reservation will be canceled, and the accommodation/plot will be made available for resale by the establishment.

Late arrivals and/or early departures do not entitle the User to any discount or refund.

Post-Sale Customer Service

Complaint forms are available both on the website and at the establishment for Clients.

Any complaints or inquiries the Client wishes to make will be handled as soon as possible. They can be addressed during customer service hours by calling 930462001 or via email at info@nicecamps.es. Additionally, Clients may submit their complaints at any time by email or postal mail to the following addresses:

Postal Address: Paseo de Gracia 6, 08007 Barcelona
Email: info@nicecamps.es

Dispute Resolution

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for online dispute resolution between the Client and THE PROVIDER, without the need to resort to the courts, through the intervention of a third party called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage with both parties to reach an agreement, potentially suggesting and/or imposing a resolution to the conflict.

ODR Platform Link: https://ec.europa.eu/consumers/odr/

Furthermore, if you are dissatisfied with any aspect of the Service that THE PROVIDER has been unable to resolve, you may contact the consumer protection authorities.

Force Majeure

THE PROVIDER will not be held responsible for any failure to fulfill its obligations due to unforeseen circumstances or causes beyond its control, including but not limited to force majeure events, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor, or materials.

THE PROVIDER will not be liable for any failure or disruption of Service or potential restrictions on facility use due to such circumstances, for as long as these events persist.

Disclaimer of Liability

THE PROVIDER cannot guarantee the continuous operation of the Portal, the absence of failures or interruptions, or that it will be available or accessible 100% of the time. Additionally, THE PROVIDER cannot guarantee the absence of viruses or other harmful elements on the Portal or on the server that hosts it.

The User is responsible for ensuring the proper behavior of all accompanying guests. If improper conduct is observed, the establishment reserves the right to expel the guests from the accommodation without any right to claim compensation.

Severability and Contract Termination

If any provision of these terms and conditions is found to be illegal, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

THE PROVIDER may, without prior notice, suspend, restrict, or terminate the Client’s access to the Website, in whole or in part, for any valid reason, including but not limited to non-compliance with any obligations outlined in this document or any applicable legal provisions, licenses, regulations, codes of practice, or usage policies.

When THE PROVIDER exercises any rights under this Clause, such action will not prejudice or limit the exercise of any other rights, powers, or remedies available to THE PROVIDER.

Governing Law and Jurisdiction

These terms will be governed by and interpreted in accordance with Spanish law, except where expressly stated otherwise. THE PROVIDER and the Client agree to submit any disputes arising from the provision of the Services governed by these Terms to the courts of the Client’s domicile if they are a consumer. Otherwise, the applicable courts will be those of the establishment’s location.

Last updated: 30/10/2024

Pursuant to Articles 25 and 26 of Decree 159/2012, dated November 20, the person who made the reservation expressly acknowledges having read and understood these booking and cancellation terms beforehand. These terms form an integral part of the contractual agreement and are confirmed through the acceptance of these conditions.