GENERAL CONDITIONS FOR THE ONLINE SALE OF PRODUCTS AND SERVICES BETWEEN THE ACCOMMODATION AND THE USERS
(hereinafter, "General Conditions")
1. GENERAL CONDITIONS PRIOR TO CONTRACTING
a) These General Conditions will expressly regulate the commercial relations arising between THE ACCOMMODATION and the Private Users who, through the website, lagarillodepedrolo.is (hereinafter, the “Website”) owned by THE ACCOMMODATION, acquire the products offered at any time to Private Users specifically for online sale (hereinafter, the “Services”) (hereinafter, the “Clients”).
b) These General Conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, Law 7/1998 on General Contracting Conditions, 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, Law 3/2014 of March 27, which modifies the Consolidated Text of the General Law for the defense of consumers and users and other complementary laws, and Law 7/1996, of January 15, on the Regulation of Retail Trade.
c) THE ACCOMMODATION may unilaterally modify, at any time it deems appropriate, the configuration and content of these General Conditions. However, the General Conditions applicable to a particular transaction will be those in force at the time of formalizing it.
d) The terms and conditions applicable to the purchase of the Products offered for sale to the public by THE ACCOMMODATION through its Website will be all those described in these General Conditions and that will be detailed on the Website throughout the online purchase process. Through the use of the Website, users declare to know and accept the different procedures necessary to access the different Products offered on the Website as well as formalize the purchase thereof.
e) The Client accepts without reservation the General Conditions of Sale when placing an order for Products to THE ACCOMMODATION having prior knowledge of their content for having provided a copy of them, in addition to being published on the website of the accommodation (the Website), in downloadable and printable version.
2. IDENTIFICATION OF THE SELLER AND CUSTOMERS
a) The identification data of the Website are as follows: Mª del Carmen Rodriguez López, CIF 33374527D, Registered office at C / Madre de Dios 6.1. Malaga 29012 (Spain). Email address: info@lagarillodepedrolo.es
b) In order to make purchases from the Website it will be necessary for Customers to make their reservation by marking the same and number of guests, as well as the specific details.
3. NATURE OF THE WEBSITE
For the reservation of the accommodation, the Client must meet the following characteristics:
- Be a natural or legal person with residence or domicile located in international territory.
- In case of being a natural person, you must be of legal age and with sufficient legal capacity to make the reservation.
- In the case of being a legal person, the person making the reservation must have sufficient powers to carry out the transaction in the name and representation of the legal person.
- In any case, it must be considered as a final consumer, in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users, that is, for the Client’s own consumption or of the persons on whose behalf the Client is legally authorized to act. Consequently, wholesale companies, distributors, purchasing centers, supermarkets, other professional intermediaries in the same sector as this Website are excluded from the use of the Website.
4. ACCOMMODATIONS OFFERED
a) THE ACCOMMODATION will publish, together with the image of each of the rooms or accommodation that are the subject of reservation through the Website, the specific characteristics of each of them, including the services included, and the applicable price.
b) THE ACCOMMODATION guarantees that the price will be the one in force on the day of the formalization of the reservation regardless of the day on which the service is formalized.
c) If there are applicable offers on the price of the accommodations, these will be indicated next to the initial price with a different typography that allows the Client to clearly identify the final price. In any case, the temporary period of validity of the tender shall be indicated.
d) THE ACCOMMODATION may, unilaterally and at any time, offer new Services that are sold on the Website as well as suspend or cancel, temporarily or indefinitely, any of the services.
e) The rates established on the Website include the VAT applicable in each service, but not another tax that may be applicable. THE ACCOMMODATION undertakes to keep prices updated in accordance with the applicable tax at all times.
f) THE ACCOMMODATION guarantees the availability of all accommodations offered on the Website.
5. BOOKING SYSTEM
The Client must select the chosen accommodation, proceeding to fill in the reservation form and paying the corresponding amount.
In the amount of the reservation will be paid 30% of the total rate.
The booking procedure will be in Spanish.
6. BOOKING CONDITIONS
- The client acknowledges and is clear that this contract is not a housing rental contract, it is a tourist rental contract. The total number of places occupied will be 15 people. The client can not accommodate a greater number of people than what is agreed here. It is not allowed to invite other people who do not appear in the total number of occupied places in this contract to use the facilities, unless requested to the property (with an extra cost to be agreed).
- The minimum stay is 5 nights, but may vary on specific dates. The reservation system will indicate for the chosen dates if the minimum stay is valid in each case.
- The rate includes household linen (sheets and towels).
- The final cleaning of the house has a cost of € 150.
- Courtesy items available to the customer: cooking essentials (salt, oil, vinegar, sugar …), rags and kitchen paper, tablecloth, garbage bags and cleaning utensils (dish soap, dishwasher soap), hand soap and toilet paper.
- Amenities: flat screen and DVD (with various movies), fridge and freezer, ceramic hob, oven, microwave, dishwasher, pots and pans, tableware, juicer, blender, toaster, Nespresso coffee machine, Italian coffee machine, hair dryer, iron, washing machine, drying rack, sun loungers and garden furniture, heating.
- The company or person in charge has the right to enter the establishment, either to make routine checks of the state of the same, or due to major cause or other inconveniences. The client is responsible for any damages that may be caused during the stay. Any problem in appliances or services that may arise in the establishment, will be communicated to the owner.
- In case of appreciating damage, it will be detailed with precision and the user will be informed of the damage or damage and the economic evaluation of the same.
- Inputs and outputs:
Check-in: from 4:00 p.m. to 10:00 p.m., unless previously agreed with the owner. A check-in after 22h can be arranged with a price of 30€.Check-out: 10:00h.
- Please be sure to inform us of the approximate time of arrival. The phone number or email provided in the reservation will be used.
- If you need to check out later, please ask us if this is possible. We will try to accommodate your request. Any departure after 20:00 hours will be subject to the full price per night.
- Be sure to hand over ALL sets of keys before you leave.
7. ACCOMMODATION RULES.
- Pets are not allowed.
- Parties or events are not allowed.
- In outdoor spaces the property is not responsible for possible accidents. In case of accommodating children, the parents or guardians are fully responsible for their supervision and guardianship.
- Guests are responsible for keeping the house properly locked in their absence.
- Guests will not be able to carry out annoying, unhealthy, harmful, dangerous or illegal activities in the house.
- Visits are not allowed without the express consent of the owner.
- Guests must treat the house and its contents with respect and not subtract anything from it, they will be responsible for the damages caused. In case of any damage to the facilities, this must be communicated to the owner.
- Please do not leave the air conditioning in the rooms on when you are not in them. We thank you for making responsible use of the energy of the house. Excessive consumption will be grounds for a discount on the return of the deposit.
- Deposit the garbage in the containers for this purpose, do not leave it outside, animals could spread it. NEVER throw ash that may contain fire into the dumpster.
- It is totally forbidden to smoke in the house.
- Take care of the house please and respect the rest of others and in general towards the whole environment. THE ACCOMMODATION will appreciate any suggestion you can offer us in order to make your stay more pleasant.
- In case of theft, the property declines all responsibility, being the client free to subscribe an insurance with third parties to cover such eventuality.
- The client undertakes to transmit the terms and conditions of this contract to the rest of the hosts.
8. BILLING AND PAYMENT METHOD
a) The Client will receive an invoice in digital format at the end of his stay if necessary. The sending of the same will be sent to the email address duly indicated by the Customer.
b) In accordance with Royal Decree 1619/2012 of November 30, which approves the regulation regulating billing obligations, the deadline for the issuance of invoices by THE ACCOMMODATION will be the 16th day of the month following that in which the purchase was made by the Client.
c) The payment of the reservations must be made using the method chosen at the time of booking the accommodation.
9. RIGHT OF WITHDRAWAL OF ORDERS
The services offered on this website constitute an exception to the right of withdrawal of consumers and users, being a tourist accommodation service, and, therefore, the aforementioned right of withdrawal disappears being aware of this circumstance and accepting it at the time of making the corresponding reservation (article 103 letter l 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).
10. CANCELLATION POLICY
- 100% of the amount of the reservation deposit will be refunded if the cancellation occurs at least 45 days before the date of entry.
- If it is done less than 30 days in advance, 50% of the reservation will be refunded.
- For cancellations less than 30 days in advance, no refund will be made, leaving this money in deposit for a future reservation within 3 months and always subject to availability.
- Any cancellation, including force majeure, will be subject to our cancellation policy. In case of force majeure, before canceling the reservation, please contact us directly to try to find a mutually beneficial solution.
- In the event that THE ACCOMMODATION can not provide the client with the house he has booked for reasons of force majeure (serious breakdown, fire … and other causes beyond the control of the owner), the owner undertakes to return all the money paid so far and to provide him with another alternative accommodation, without the tenant having the right to any claim if this is not possible.
- All cancellations or changes must be made by email to the address indicated above. Cancellations or changes by phone will not be accepted.
- Interruption of the stay: No refund or payment will be made in case of interrupting the stay in the accommodation.
11. PROTECTION OF PERSONAL DATA
Consult the Privacy Policy.
12. COMMUNICATIONS AND CUSTOMER SERVICE.
13. PERFECTION OF CONTRACTS.
The validity of contracts concluded electronically is covered by Article 23(1) and (3) of Law 34/2002 on Services of the Information Society and Electronic Commerce: “Contracts concluded electronically shall have the same validity and shall produce all the effects of the Civil and Commercial Legal System.”
The Contract is perfected from the moment the client expresses his agreement with these contracting conditions by pressing the Acceptance and Reading button of said conditions and after having correctly completed the form offered from the server of the Website or also by the deposit or referral of said acceptance by any other electronic or traditional means in the offices of the headquarters.
Upon such acceptance, the customer will receive notification from the Website automatically sent to the email address provided in the Registration phase. This email will be sent within 24 hours and will show the information related to your registration and the modality of the selected contract with the specific conditions that apply to each modality at all times and that are accepted together with these general conditions at the time of contracting. However, and being a technical and automatic element, the receipt of said email may not take place for technical reasons beyond the control of the Website. In these cases the client must contact our customer service to make the reservation effective.
The client agrees that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by means of electronic mail exchange or other equivalent electronic communication, as established in article 28.3 b) of Law 34/2002 on Services of the Information Society and Electronic Commerce, as well as the provisions of RD 1906/1999. The parties agree to legally equate the client’s handwritten signature to that made through any type of keys, codes or identifying security elements. Notwithstanding the foregoing, THE ACCOMMODATION may require written confirmation when it deems necessary.
14. NULLITY OF CLAUSES.
If any provision of this agreement becomes illegal, invalid or for any reason unenforceable, such illegality, unenforceability or invalidity shall be limited exclusively to that provision and shall not affect the validity or enforceability of the remaining provisions.
15. APPLICABLE LEGISLATION AND JURISDICTION.
Conflicts that may arise from the application of these rules will be governed by the laws of Spain and, to the maximum extent permitted by law, will be submitted to the Courts to which the accommodation is assigned.
