GENERAL CONDITIONS
1. ASSIGNMENT
By the formalization of this contract, the parties agree to the transfer of the accommodation in its entirety, which the owner, directly or indirectly, makes in favor of the user, in exchange for the price and the terms determined in the particular conditions and in circumstances of immediate availability.
This contract is for a season duration for tourist purposes and any extension or reduction of the period previously agreed upon is subject to mutual agreement between the owner or manager of the accommodation and the user.
2. SERVICES OF THE TOURIST ACCOMMODATION.
The owner or manager, in compliance with this contract, agrees to provide the Services contracted in the particular conditions.
In compliance with the regulations in force, the accommodation provides the user with a contact telephone number to be able to attend and immediately resolve any query or incident related to the tourist accommodation activity. It also has an assistance service and accommodation maintenance.
The accommodation has furniture, appliances and utensils necessary for immediate occupation, in order to provide a correct accommodation service in relation to the places available, all in perfect condition of hygiene and health.
3. RESERVATION
The reservation of the specific accommodation will be understood as made at the moment in which the owner, or his representative, has faithfully confirmed it to the user who has made the request and he has complied with the economic terms included in this contract. Otherwise, the reservation will be understood as not accepted.
If the reservation was made for unidentified units, a unit that meets the agreed characteristics will be made available to the user. Once the reservation is confirmed, the user can dispose of the unit at the agreed date and time.
4. PAYMENT AND DEPOSIT
Once the reservation is made, the user will pay an advance of the price, on account of the agreed amount, for the provision of the services and that will be formalized according to the terms established in the particular conditions. When the reservation has been made using electronic payment tools and the establishment chooses to charge an advance payment of the price as payment, this charge will be made within 48 hours after the booking is formalized.
5. CANCELLATION OF THE RESERVATION
The user, according to the information that has been previously provided, has the right to cancel the reservation made according to the agreements established in the specials conditions.
6. WAIVER OF ASSIGNMENT
It is regulated according to what is established in the particular conditions and according to the previous information provided to the user.
In the event that no conditions have been established in this regard, when the user leaves the accommodation before the final date that was reserved, the owner or manager may charge the equivalent of 100% of the total price of the services that remain to be used.
7. EVICTION
In the event that the user of the tourist accommodation violates the basic rules of coexistence and hygiene, against the rules of the building or community of owners, has the intention of entering or staying in the accommodation with a purpose other than that of the accommodation, and / or does not comply with the municipal ordinances issued, the owner of the property or the manager of the tourist accommodation may require the user to leave the accommodation within 24 hours. If the user does not leave the accommodation within the agreed period, he / she could request help from the forces of public order for their eviction.
In the case of abandonment of belongings and / or abandonment of accommodation, either by the previous clause or for other reasons, the user will be informed that the property or the manager may remove the belongings that are in the accommodation, once made an inventory signed by two witnesses.
One month after the user's address has been reliably notified, the owner may freely dispose of said belongings if the user has not withdrawn them
8. THE OWNER / MANAGER OF THE TOURIST ACCOMMODATION
In accordance with the principle that the Catalan Tourism Law promulgates regarding rights and the need for the user to receive adequate treatment and quality services, the following obligations are established:
a) The good treatment towards the user and watch over their comfort, tranquility and privacy.
b) Ensure compliance with the rules of use or internal regime of tourist accommodation.
c) Provide the information requested by the user, regarding the operation of the accommodation provided.
d) Providing, without delay, the mandatory documentation to formulate claims.
e) Bill according to the established prices.
f) Comply with the general tourism regulations and the specific regulations governing their activity, all in accordance with the provisions of article 36 of the Tourism Law of Catalonia.
9. THE TOURIST USER
By signing this contract, the user of this contract is obliged to comply with the rights and obligations agreed in it, the rules of use or internal regime where appropriate, and with everything provided by law, mainly the following points:
a) To a good, responsible and sustainable use of the accommodation provided, its facilities, annexes, furniture, utensils and services, and to take care at all times to maintain a good state of conservation. It is also obliged to respect and follow the norms of the internal regime.
b) To leave the accommodation at the agreed time and under the specific conditions of this contract.
c) To enjoy the accommodation and the services annexed in the terms agreed in the particular conditions.
d) To respect the occupation of the accommodation, limited to the maximum number of persons indicated. If this point is not respected, it could mean the prohibition of entry or eviction.
e) To return the accommodation in good condition, collected and presentable. As a guide, it must be delivered without food or organic waste, without any type of garbage, the dishes must be clean and placed in its place, the fridge without food remains ... Any expense that may be caused as a result of the above, could be claimed as user cleaning costs and deducted from the amount of refund of the deposit.
f) To pay in full the agreed price in the agreed manner and terms.
g) To respect their neighbors. In case of negligence or inappropriate behavior, this contract may be terminated immediately, without waiving the corresponding compensation for damages that may arise.
10. DEPOSIT
The deposit agreed upon in the particular conditions, paid in cash, will be returned to the user at the end of his stay after verification of the accommodation. In the event that the user, or any person under his or her responsibility, causes any damage to the accommodation, it will be deducted from the deposit until such damages are covered, and if these were greater than the amount of the deposit, the user must pay the difference.
11. CAUSES OF RESOLUTION
This contract is resolved as of right by the general causes established in the Law, and especially, by the breach of the obligations derived from this contract.
12. OFFICIAL FILES OF CLAIMS AND COMPLAINT.
This establishment has claim and complaint forms available immediately to the user who requests it. In compliance with the legal regime established in article 68 of Decree 159/2002, of November 20.
13. CLAIMS.
The photographs of the accommodation correspond to reality, although in some cases, its decoration could vary minimally.
In the cases of Satellite TV, the languages of the chains will depend on the installed system.
In spite of a check being made, a rigorous inspection of the accommodation with each change of user could lead to the case of any imperfection. In this case, the user must communicate immediately, and as later, 24 hours after arrival. It will then be rectified within a reasonable time.
The owner or the manager will not be responsible for a subsequent claim when the user has not informed them within the indicated period.
14. ATTRIBUTABLE RESPONSIBILITIES TO THE OWNER OR MANAGER.
In the event that the reserved accommodation has serious deficiencies that prevent its normal use, the owner or manager undertakes to look for an alternative solution with similar characteristics and price. If this is not feasible, the part of the reservation amount will be reimbursed, depending on the time spent on the accommodation, without any additional responsibility being attributed to the owner or manager.
Neither will any responsibility be attributed in the following cases:
a) Negligence or omission of services, attributable to third parties.
b) Misuse, errors or incorrect operation of swimming pools, playgrounds for children and sports facilities of any kind, the use of which remains under the strict responsibility of the user.
c) Robberies or thefts in the accommodations.
d) Damages to people or things caused by major forces or unforeseen setbacks of which the accommodation cannot respond.
15. PERSONAL DATA. PERSONAL DATA PROTECTION.
In compliance with the provisions of Article 5 of the LO 15/1999 of December 13th, of personal data protection, the parties expressly state that the personal data relating to the user who accepts the conditions of hiring will be incorporated in a file that has the purpose of managing the provision of the services offered, including services of use, as well as the delivery of information by electronic or ordinary mail or any other type of documentation that may be of interest to the client, thus giving their consent..
If the client does not wish to receive this information, he / she must express it in writing to the Accommodation Manager.
The client is informed that their identification data may be communicated to the different companies of the group, in order to carry out the management of the service. These companies will comply with the security level required by current Spanish and Catalan legislation. The client, by virtue of the indicated regulations, will be considered responsible for their data; and the owner or manager of the accommodation for tourist use, as the one in charge of its treatment in accordance with those established in article 12 of the LO 15/1999 and in its implementing regulations.
In this sense, the owner or manager of the tourist accommodation is obliged to comply with the regulations on data protection that are applicable to him, as the person in charge of his treatment. The data that can be accessed by the person in charge of your treatment will not be applied or used for a purpose other than the one described in the reservation request and under these conditions.
The client is informed that the necessary technical measures have been taken to avoid the alteration, loss, treatment or unauthorized access to the personal data that the client has provided. The customer may exercise their rights of access, rectification, cancellation and opposition through a written and signed communication (attaching a copy of ID) addressed to the domicile of the owner or manager of the tourist accommodation.
The client states that each and every one of the data provided in the contracting procedure is correct and authorizes them to be verified.
[1] The Manager, acting on behalf of the property, declares that its activity is duly authorized administratively, having fulfilled all the requirements established by the tourist regulations of Catalonia and other sectoral regulations.
[2] According to the tourist regulations of Catalonia, the user is obliged to identify himself by displaying a document that proves his identity.
[3] The user is informed that this tourist accommodation is registered in the Tourism Registry of Catalonia, has a certificate of occupancy and meets the technical and quality requirements.
[4] Prior to signing this contract, the user has been informed of the prices that correspond to the Services contracted.
[5] The bridges will be defined by those national, regional or local holidays that are set in the official calendar and are favorable to stays of 3 to 5 days when combined with a weekend.
