TERMS AND CONDITIONS FOR DIGITAL CONTRACTS-
These terms and conditions have been drafted in accordance with the provisions of Law 3/2014 from 27 March, (which modified the Law on Consumer and User Protection and other complementary laws); Law 34/2002 on Information Society Services and E-commerce; and Law 7/1998 on Contract Terms and Conditions; in addition to observing other applicable regional, national, community and international legal provisions. In the absence of special conditions specifically agreed between the User and Property Owner or Service Provider, these terms and conditions will be applied when using the booking management system for tourist accommodation and/or services through this website.
The contract will be formalised in Spanish.
The contractual document which will regulate the contracted products and services purchased on the website www.cadiz4rentals.com, which belongs to the company CADIZ4RENTALS S.L. (hereafter, THE PLATFORM), can be found below.
Accepting this document implies that the purchaser:
a. has the capacity to enter into contracts.
b. has read and understands the contractual conditions detailed here.
c. accepts the obligations set forth herein.
THE PLATFORM reserves the right to unilaterally amend these conditions, without affecting services purchased prior to the modification.
IDENTIFICATION OF PARTIES
The PLATFORM, "CADIZ4RENTALS S.L." with Tax ID No. B-72312804 has a registered office in Cadiz at Av. Andalucía número 21; 1ºD, is inscribed in the Cadiz Commercial Registry, volume 2202, page 10, first entry, with sheet CA-49994 and has the customer care telephone number: 956.538.019.
The OWNER is registered on the website using their own user name and password, and is fully responsible for the use and custody of the tourist accommodation and for verifying that all data and statements provided to the PLATFORM are true.
The TRAVELLER, tenant and end-user, accepts the lease of the property for tourist purposes, in accordance with current legislation.
The PLATFORM comprises software that allows real-time management of tourist and holiday accommodation bookings; offering services to OWNERS of such accommodation, online tourist booking portal operators, and to end users or TRAVELLERS; and allowing OWNERS to keep their calendar of availability updated on all websites where they advertise their accommodation at all times. It also enables OWNERS and booking management portals to manage online booking for accommodation.
This contractual agreement aims to regulate the contractual terms and conditions for renting housing with tourist purposes between the property OWNER and the TRAVELLER from the moment that the latter ticks the corresponding box as part of the online purchase. The PLATFORM acts as an intermediary between owners and end users.
The OWNER must register in order to access the services offered by the platform. Minors wishing to register must obtain prior permission from their parents, guardians or legal representatives, who will be responsible for all actions committed through the PLATFORM by the minors.
Signing the booking accepts the offer published on the website and implies that the OWNER will hand over possession of the dwelling with tourist purposes, binding the TRAVELLER or end user to pay the price of the product publicly specified through the aforementioned website, and use it lawfully in accordance with legislation and these terms and conditions.
As part of the booking process, all necessary information is requested from the TRAVELLER so that the contract can be formalised, including the start and end dates and lead TRAVELLER information. The TRAVELLER is responsible for entering data correctly and checking information on dates and the ACCOMMODATION.
The TRAVELLER will make the booking using the On-request mode (Under request) or On-line mode (Immediate Confirmation) depending on the type of booking. This will be indicated in the booking process.
If using the On-request mode (Under request), a pre-booking confirmation will be received on completing the pre-booking process and there is a waiting period of a maximum of 24 hours for the ACCOMMODATION to accept/reject the booking and the TRAVELLER is informed of the decision by email. If the pre-booking is accepted, the deposit is charged automatically (if the ACCOMMODATION has set the amount) according to the payment method chosen during the booking.
If the ACCOMMODATION works in On-line mode, there is no need for the ACCOMMODATION to accept/reject the booking and the booking confirmation is released when the booking deposit is received.
To confirm the booking, part of the total price of the service corresponding to part of the total booking fee and that determined by the ACCOMMODATION must be paid in addition to Management Fees for managing the booking. These amounts are set out in the booking process.
The booking process offers the TRAVELLER different payment methods to pay the aforementioned deposit. The payment methods are payment gateways provided by the PLATFORM within the booking system, as another technical resource offered to the TRAVELLER. The payment is automatically validated by the system, providing verification through a system independent to the ACCOMMODATION which confirms the payment and acts as a receipt.
Depending on the chosen form of payment, the TRAVELLER has a limited period of time to make the payment. This period is specified to the TRAVELLER and must be validated by the PLATFORM (automatically and immediately if paid online by card or paypal and on a deferred basis if paid offline by bank transfer). If this payment is not validated within the period specified, the booking will be automatically cancelled, and the TRAVELLER will be notified by email. In this situation, any amount already paid (any payment made which could not be validated in time) will be returned to the TRAVELLER (not including any Management Fees for managing the booking) but they will not receive the booking confirmation.
Once the booking deposit has been received, the TRAVELLER will receive the booking confirmation by email. This will include the ACCOMMODATION contact details and all necessary information.
The TRAVELLER must print and store this confirmation in order to present it at the address indicated on the confirmation at "key collection" along with any other documentation requested during the booking process or in the email received.
The rest of the amount due, once the part of the price already paid to reserve the ACCOMMODATION is discounted, (if the ACCOMMODATION uses this payment mode) is paid directly when taking possession of the ACCOMMODATION or when the keys are handed over using the method and moment stated. The remaining deferred amount can be higher than that specified in the booking confirmation if certain services are used which are not explicitly included in the booking (fixed costs for cleaning and possible extras) but which can be purchased by the TRAVELLER explicitly and independent to the lease.
THE PRICE INCLUDES
The price is per stay and per accommodation and includes all applicable taxes. Conditions such as the normal use of water, gas and electricity, bed linen and towels, kitchen utensils, glassware and necessary household items to furnish the ACCOMMODATION are those opted for by the ACCOMMODATION and is independent in all cases from CADIZ4RENTALS.
All of this is applicable unless otherwise specified in the ACCOMODATION'S SPECIFIC TERMS AND CONDITIONS.
THE PRICE DOES NOT INCLUDE
The extras not selected during the booking process and the additional services not specifically indicated in the booking confirmation or in the ACCOMMODATION description, should be requested and paid for on arrival.
Any damage deposit required by the ACCOMMODATION.
MAXIMUM CAPACITY AND ACCOMMODATION TERMS AND CONDITIONS
The number of people who can occupy the ACCOMMODATION can not exceed the capacity set out in its description, except in the case of babies (under 2 years old). If the maximum capacity is not indicated, it will be understood that each double bed represents 2 people and each single or supplementary bed represents 1 person.
The OWNER or CADIZ4RENTALS can deny entry if more people than the contracted capacity attempt to enter with no right to appeal.
Animals can only be admitted if it is explicitly permitted in the ACCOMMODATION'S booking terms and conditions or is agreed with the ACCOMMODATION owner. If this rule is violated, the ACCOMMODATION will require the TRAVELLER to leave the property with no compensation.
The TRAVELLER agrees to maintain the ACCOMMODATION clean, tidy and in the same state as when they entered. They also agree to observe instructions on use and maintainance that have been indicated by the ACCOMMODATION owner and to respect rules in terms of noise, waste collection, water consumption etc. affecting the building and neighbourhood where the property is located.
Incompliance with these rules authorises the ACCOMMODATION to demand eviction with no compensation and damages incurred will be charged and could be taken from the damage deposit.
KEY COLLECTION AND RETURN OF DWELLING
The key collection will take place at the address, date and time indicated in the booking confirmation.
The TRAVELLER must contact the ACCOMMODATION to arrange the key collection and state an approximate arrival time. If this is not done, or the arrival does not take place within the planned timeframe, the ACCOMMODATION can make use of the reserved accommodation, cancelling the booking and not providing compensation to the TRAVELLER.
If arrival is outside opening hours or on a Sunday or bank holiday, a supplementary fee will be reflected in booking confirmation and must be paid on collecting the keys.
Contact data for the ACCOMMODATION can be found in the booking confirmation.
The property must be returned in perfect condition and to a high standard of cleanliness on the day stated on this contract before midday. Unless otherwise indicated, all keys should be left in the property and all doors and windows closed (NEVER left in the lock inside the property).
CADIZ4RENTALS provides a framework of trust for ACCOMMODATIONS and TRAVELLERS, acting as a "trusted third party" who protects the deposit and cancellation policy opted for by the ACCOMMODATION. This states the deadline for the TRAVELLER to cancel whilst maintaining the right to have their booking deposit refunded (if CADIZ4RENTALS is responsible for this action, it will make the refund to the TRAVELLER). From this date, the booking deposit is made available and protected by the ACCOMMODATION. At the same time, any specific cancellation terms and conditions that exist will be applied or a specific arrangement will be agreed by the TRAVELLER and ACCOMMODATION.
The quality of all ACCOMMODATIONS is guaranteed by CADIZ4RENTALS S.L.
-CONTRACT CANCELLATION BY TRAVELLER:
If the cancellation occurs, what is indicated in the AD in the moment of making the reservation, will be charged as a penalty.
There will be no payment returned if the customer leaves voluntarily before the end of their stay or ceases to use services.
-AMENDMENTS MADE BY THE COMPANY
In the event that due to unforeseen reasons and not attributable to the company, the accommodation cannot be occupied, the company will make another accommodation of equal or superior characteristics available to the client. In any case, if the client is not satisfied with the alternative offered, the full amount of the reservation will be refunded, if it has already been paid.
PRICE AND TAXES
Product prices on the PLATFORM are indicated in euros (€), including Value Added Tax (VAT), where applicable.
CONTRACTS AND PAYMENT METHOD
The booking confirmation and rental agreement between the OWNER and TRAVELLER will be issued when the payment is made by the TRAVELLER.
Payment for the contracted lease can be made by credit card (Visa or Mastercard) or Paypal. The amount should be received when the transaction is made or in the following days.
The PLATFORM states that the website uses certified encryption technology in order to protect USER data from unauthorised access by third parties. Credit card and order details are encrypted with 3D and SSL (Secure Socket Layer) procedures. All personal details are treated confidentially.
APPLICABLE LAW AND COURT JURISDICTION
These general terms and conditions are governed by Spanish legislation where it is not otherwise specified. All parties involved agree to submit any dispute that may arise from any transaction related to these terms and conditions to the Courts and Tribunals of Cádiz (Spain).