GENERAL CONDITIONS

1. ASSIGMENT.

By means of the formalization of this contract, the parties agree to the assignment of the dwelling, in full, that the owner, directly or indirectly, makes in favour of the user, in exchange for the price and term determined to the particular conditions, in conditions of immediate availability.

This contract is for a seasonal stay for tourism purpose, any extension or reduction of the term previously agreed upon is subject to mutual agreement between the owner or delegate manager of the dwelling and user.

In the event that the agreed period has ended, that the invoice is not paid or that the cessionary user has been evicted, the dwelling may be available.

2. SERVICES OF THE DWELLING OF TOURIST USE.  The owner or manager, in compliance with this contract, obliges to provide the services specified in the particular conditions.

In compliance with the current regulation, the dwelling puts at the disposal of the user a telephone in order to be able to immediately attend to and resolve any query and incidence related to the activity of the dwelling for tourist use.  Also, this dwelling has available a service of assistance and maintenance of the house.

The dwelling consists of furniture, appliances and utensils necessary for immediate occupation, in order to provide a correct accommodation service in relation to all the places they have available, everything in perfect hygienic condition.

3. RESERVE. The reservation of the specific accommodation unit will only be understood when the owner of the tourist apartment has faithfully confirmed it to the user who made the request, specifying the number or location of the unit.  Otherwise, the reservation will be considered as not accepted.

If the reservation is for indeterminate units, the units that meet the agreed specifications will be made available to the user. Once the confirmation of the reservation is made, the user will be able to have the unit on the agreed date, and in the case of not having done so, until the 20 hours of the indicated day.

3.1. PAYMENT AND SIGNAL. Once the reservation has been made, the user will pay an advance of the price that is understood as an account of the amount resulting from the services rendered, and which must be paid in the term established in the particular conditions, from de formalization of the reservation. When the reservation is made by using electronic payment tools and the establishment chooses to charge an advance of the price in terms of pay and signal, this charge will be made within the 48 hours after the formalization of the reservation. 

4. EVICTION. In the event that the user of the dwelling for tourist use, infringe upon the basic rules of the cohabitation and hygiene, intends to enter o stay in the dwelling with a purpose other than that of the accommodation, and/or breach the municipal ordinance issued for that purpose, the owner of the property or the manager of the dwelling for tourist use may request, within 24 hours, to the assignee to leaves the dwelling.   

If the user does not leave the dwelling within the agreed period, the assistance of law enforcement cam be request for eviction.

In the case of abandonment of the pertinence and / or eviction of the dwelling, either for the reasons provided in the previous clause or others, the user is informed that the owner of the PROPERTY or the MANAGER of the dwelling can remove the belongings of the user that are founded, once the inventory has been made and signed by two witnesses.

After one month has elapsed since it has been reliably notified to the address provided by the user, the owner of the property can freely dispose of the belongings. 

The removal of the belongings entails the payment of the price for their expenses, as well as the transportation expenses occasioned. 

5. THE OWNER/ MANAGER OF THE DWELLING FOR TOURIST USE.

In accordance with the principle that promotes the tourism law of Catalonia regarding the rights and the need that the tourist user receive an adequate treatment and quality services, the following obligations are established:    

a)       The good treatment of the cessionary user and ensure their comfort, tranquility and privacy.

b)       Ensure compliance with the norms of the regulation of the use or internal regime of the dwelling of the assigned tourist use.

c)       Provide the information requested by the user, in respect of the operation of the assigned dwelling.

d)       Provide, without delay, the mandatory documentation to make claims.

e)        Invoice according to the established prices.

f)        Comply with the general touristic regulations and the specific regulations regulatory of its activity, and everything provided in the article36 of the tourism law of Catalonia.

6. THE TOURIST USER. For the signing of this contract, the user obliges to comply with the duties and obligations agreed upon in this contract, the regulations of use or internal regime in its case, and everything provided by law; mainly the following:

a)       The user agrees to a good, responsible and sustainable use of the ceded dwelling, its facilities, annexes, furniture, utensils and services, and to be careful at all times to maintain a good state of conservation. It is also required to make good use of internal rules.

b)       The user must leave the dwelling that occupies in the agreed timetable in the special conditions of this contract.

c)       The enjoyment of accommodation and other services lasts for them agreed in the particular conditions.

d)       The occupation of the assigned dwelling will be limited to the maximum number of people indicated in the particular conditions. In the case that is not respected, it may be prohibited to enter or evict.

e)       The user undertakes to return the dwelling in good condition, collected and presentable. As a guideline, you must return it without food or leftovers, and any kind of waste, the dishes must be clean and placed in place, the refrigerator without food remains……..Any expenses that may occur, the establishment can claim the cost of cleaning.  

f)        Pay in full the agreed price, the form and the agreed time.

g)       The client must respect the neighbours. In the case of negligence or improper behaviour, this contract can be terminated immediately, with the corresponding compensation for damages.

7. DEPOSIT. The security deposit agreed to the particular conditions, paid in cash, will be returned to the user at the end of their stay, after verification of the dwelling. In the event that the user, or anyone under his responsibility causes damages, will be deducted from the deposit to cover the amount of damages, and if these were higher than the amount of the deposit, the user must pay the difference.

8. CAUSES OF RESOLUTION. This contract may be terminated in full rights by the general causes established in law, and especially by the breach of the obligations derived from this contract.

9. OFFICIAL SHEETS OF COMPLAINTS, CLAIM AND DENUNCIATION. This dwelling has official sheets of complaint, claims, and denunciation to the immediate disposal of the user who request it. In compliance with the legal regime established in article 68 of the decree 159/2002, of November 20, this dwelling has visible and accessible the display of the information label on the availability of official complaint, claims and denunciation sheets, the telephone number to respond immediately to the communications relating to the dwelling activity for tourist use, and the registration number of the entry in the city council of the previous communication of beginning. 

10. CLAIMS. The photographs of the dwelling correspond to the reality of the same, although in some cases can vary in a minimal way its decoration.

The languages of the satellite TV channels depend on the installed system.

Despite a rigorous control and inspection of the dwelling before each change of user, it could be the case that there was some defect. In this case, the user must notify immediately and at the latest 24 hours after arrival. Sanitation will be carried out within a reasonable time.

The owner or delegate manager does not make responsible for a later claim when the user has not filed the complaint within the time limit.

11. RESPONSIBILITIES IMPUTABLE TO THE OWNER OR MANAGER. In the case that the reserved dwelling presents serious deficiencies that prevent its normal use, the owner or delegate manager agrees to look for an alternative solution of similar characteristics and prices. If this is unfeasible, part of the amount of the reservation will be refunded, depending on how long you have enjoyed the dwelling, without any additional responsibility being attributed to the owner or delegated manager. 

Nor shall any liability be attributed in the following cases:

a) Negligence or omission of services, attributable to third parties.

b) Misuse, error, or incorrect operation in swimming pools, children’s plays areas for children and sports facilities of any kind, being under the responsibility of the user.

c) Robberies or thefts in the accommodation.

d) Damage to persons or things caused by forced majeure or unforeseen setbacks from which the apartments can not respond. 

12. PERSONAL DATA. PERSONAL DATA PROTECCTION. In compliance with the provision in  Article 5 of LO 15/1999 of 13 of dicember on personal data protection, the parties expressly state that personal data relating to users who accepts the conditions of contracting will be incorporated to a file whose purpose is  the management of the provision of the services offered including usage records,  as well as the sending of information  by ordinary or electronic mail or any other type of documentation that could be of interest to the client,  providing so his consent.  

If the client does not wish the sending of this information, he/she must manifest it by checking the following box.  □

The client is informed that their identification data can be communicated to the different companies of the group, to carry out the management of the service. These companies will comply with the level of security required by current Spanish legislation. The client, by virtue of the normative indicative, will be held responsible for the file in relation to its data; and the owner or delegate manager of the housing for tourist use, as responsible for the treatment in accordance with what is established in article 12 of LO 15/1999 and in its development regulations.

In this sense, the owner or delegate manager of the dwelling for tourist use obliges to comply with the regulations on data protection applicable to him, in his capacity as in charge of his treatment. The data that the person in charge of its treatment can access will not be applied or used for a purpose other than that described in the order request and these conditions.

The client is informed that technical measures have been taken to prevent unauthorized alteration, loss, processing or access to the personal data provided by the client. The client may exercise his rights of access, rectification, cancellation, and opposition by means of strict and signed communication (attaching copy of the ID) addressed to the address of the owner or delegated manager of the dwelling for tourist use.

The client declares that each and every one of the data provided in the contracting procedures is correct and authorizes to verify its correctness.

The client undertakes to keep the person in charge of the treatment free from any claim that may be filed and that it caused by the clients’ failure to comply with the obligations in respect of personal data in relation to data from files of his ownership and which the owner or manager delegated the dwelling  for tourist use.