GENERAL CONTRACTING TERMS AND CONDITIONS
This contractual document will govern the contracting of the temporary assignment of a property through the website [[Web]], property of APARTMENTS TONI SPACE BARCELONA, S.L., hereinafter Art House Barcelona .
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the Art House Barcelona website.
Art House Barcelona informs that the merchant is responsible and aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the provider of the services contracted by the USER is APARTMENTS TONI SPACE BARCELONA, S.L., with registered office at Viladomat, 217 - entlo A 08029 Barcelona (Barcelona), NIF B64188873and customer service telephone number / USER 0034935143683-0034606284933.
And on the other hand, the USER, registered in the website by means of a user name and password, over which he/she has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to [[MARCA]] .
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between Art House Barcelona and the USER at the moment the USER accepts during the online contracting process, the rental of properties for temporary accommodation is applicable to all reservations. However, in case of any exception, it will be indicated in the apartment file.
The contractual relationship of accommodation booking entails the rental of the chosen property, for a limited period of time, in exchange for a determined price and publicly displayed through the website, as well as the provision of the following complementary services to the provision of the apartment:
· Final cleaning fee separate
· Internet connection
· Supplies included in the price
· Maintenance service and 24 hour telephone answering service
· Tourist tax not included in the price
Both parties recognize the condition of tourist housing that corresponds to the property object of the contract, so they renounce to allege the condition of home for the purpose of preventing the inspection actions of the authorities and the maintenance tasks provided by the sectoral regulations. The client states that he is contracting a tourist accommodation service, having his permanent address in another city, so under no circumstances can the apartment be used as a permanent residence. Therefore, the legal provisions regarding "forced extension" are not applicable.
Contracting procedure
The USER, in order to access the services or products offered by [[MARCA]] , must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of the current regulations on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER selects a user name and a password, committing to make a diligent use of them and not to make them available to third parties, as well as to inform Art House Barcelona of the loss or theft of them or of possible access by an unauthorized third party, so that Art House Barcelona can proceed to immediately block them
Once the user account has been created, we inform that, in accordance with the requirements of article 27 of the Law 34/2002, of the Information Society Services and Electronic Commerce (LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Reservation and payment process.
3. Cancellations.
4. Claims.
5. Force majeure.
6. Competency.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Purchase process.
10. Other conditions.
11. Guarantees and refunds.
12. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with Art House Barcelona shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those of Art House Barcelona if it has not been expressly accepted in advance and in writing by [[MARCA]] .
2. RESERVATION AND PAYMENT PROCESS
These are our general conditions applicable to all reservations. However, if there are any exceptions, they will be indicated in the apartment description. The booking conditions depend on the rate selected in the booking process. These conditions will govern the relationship between APARTMENTS TONI SPACE BARCELONA, S.L., owner of this website and provider of the services offered in it, and the persons who contract them (hereinafter, the CLIENT).
Outstanding balance. The outstanding balance will be paid together with the deposit, in cash or by credit card, upon arrival at the apartment.
At the time of booking your credit card details are requested for a pre-approval of the same without charge, the payment will be made at the establishment.
Confirmation of the reservation: Once we receive your request, the reservation will be confirmed instantly and you will immediately receive an email with all the details (apartment address, contact person, dates, etc.).
Security in the online payment: Art House Barcelona is committed to protect the USERS data to the maximum and doesn’t have access nor can see at any time the number of the credit card that you enter in the form, this information is encrypted and will be visible only to the bank.
Refundable deposit.
To cover eventual damages in the apartment, at the arrival the client will make a deposit through credit card which amount will be 500.-€. This amount will be refunded at the end of your stay, as long as all the conditions for it are fulfilled. The deposit must be made by credit card. If exceptionally it has been made in cash, the refund will be made by transfer and the expenses will be borne by the customer.
The deposit will be retained, totally or partially, if damages in the apartment caused by the client during his stay are found. Also, a surcharge of 75 € will be applied when the apartment is not returned in reasonable conditions of cleanliness and order (e.g. displaced furniture, dirty kitchen, accumulation of garbage).
Arrivals and departures
Check-in and check-out of our accommodations will be every day.
Check-in: Check in is from 3 pm. personally and in the apartment, depending on availability, it can be done before 3 pm.
Check out: Normally we do not come to check our, guests have to inform us of their exact departure time and when they leave, they have to leave all sets of keys in the apartment and close the door behind them. They have to take out all their garbage and place it in the street containers.
Upon arrival or before, sent through a link to the guest and in accordance with current legislation, they must register all their passports or ID.
Then, the holder of the reservation will sign the rental contract and pay the rent plus the tourist tax of €5,50 (until 31-03-2024) per day of stay and person over 16 years old with a maximum of 7 days. (https://atc.gencat.cat/es/tributs/ieet/quota-tributaria/(website Generalitat de Catalunya).
The cleaning of the apartment as well as bath towels and sheets per person are included in the rental price.
Departures: The departure time of the accommodation will be until 11:00 h you can request a Late Check out according to availability and at a cost of 50% of the amount of the stay.
You must return the accommodation in the same conditions you found it at your arrival.
Extra services
If you are interested in hiring our extra services, you must do so at the time of booking:
Baby Kit: €30 for all stay (high chair and crib)
Other services on request.
Responsibilities of the client
The customer undertakes to respect the rules of the Community. During the hours of rest from 22:00 to 9:00, it is not allowed to use the accommodation for the purpose of party celebrations, nor to make noise. In no case it is allowed to occupy the accommodation by more registered persons.
The use of electricity and water must be rational. When the air conditioning is open, do not forget to close doors and windows.
It is forbidden to hang towels and clothes on the balcony railings.
Children must always be accompanied by their parents and under their responsibility.
Pets are strictly forbidden, except for some apartments that are allowed, indicated in the information of each apartment.
The contract holder is responsible for the correct behavior of all occupants, otherwise Art House Barcelona reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation with loss of the deposit.
APARTMENTS TONI SPACE BARCELONA, S.L. will not be responsible for any direct or indirect damage that may be caused as a consequence of the misuse of the accommodation, including but not limited to: damage, loss after fire, theft, delinquency, accidents or other types of damage.
APARTMENTS TONI SPACE BARCELONA, S.L. assumes no responsibility for any valuables that the client may have in the apartment. In particular, the client exempts the owner from any responsibility for damages that the client or any other person authorized by him/her to access the apartment may suffer, as well as for damages to his/her belongings that are derived from installations for services and supplies of the contracted apartment. In case of force majeure or unforeseen circumstances, APARTMENTS TONI SPACE BARCELONA, S.L. may relocate the client in a different apartment, as long as it has similar or superior characteristics to the dwelling object of this contract. In the event that the client does not agree with the apartment assigned, he/she may terminate the contract and obtain the refund of the amount paid, except for the part corresponding to the period of accommodation the client has already enjoyed, renouncing to any other compensation or indemnity.
The client will not be allowed to develop any kind of industry or to carry out any kind of activity (particularly parties) that may cause noise or disturbance to the neighbors. If the company receives a complaint from any neighbor, a call from the police or a notice from ROOMONITOR (device that controls the sound levels inside the apartment) regarding the client’s stay, a penalty equivalent to the amount of the deposit will be applied to the client.
Likewise, smoking is prohibited throughout the property, this infraction is punishable by a fine of 200 euros. Pets, flammable, explosive or corrosive materials are not allowed in the entire property of APARTMENTS TONI SPACE BARCELONA, S.L. Likewise, the client agrees to leave the common areas in perfect condition as he found them.
3. CANCELLATIONS (RIGHT OF WITHDRAWAL)
- If the reservation is cancelled before 7 days prior to the date of arrival, no charges will be incurred.
- If the reservation is canceled after 7 days prior to the arrival date, 30% of the reservation will be charged.
4. CLAIMS
Our goal is that our clients have a pleasant stay.
If during the rental period there is any breakdown in the facilities or electrical appliances, you must immediately notify Art House Barcelona to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.) Art House Barcelona will replace the reserved accommodation with another of the same characteristics. In case of unavailability of accommodation, Art House Barcelona will reimburse the total amount paid.
Apartments Toni Space Barcelona SLU Art House Barcelona
Viladomat, 217 - entlo A 08029 Barcelona (Barcelona)
Phone: 935143683 - 606284933
Mail: tonispacebcn@gmail.com
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Art House Barcelona or stipulated herein shall take effect, unless expressly agreed in writing signed by Art House Barcelona , in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements of the products, Art House Barcelona reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated with respect to each product include the Value Added Tax (VAT) or other taxes that may be applicable and will be expressed in the EURO currency. You can pay in another currency through the Bank POS, the exchange rate applied being the of the financial institution applicable at that time.
The prices applicable to each property are those published on the website. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily while the reservation is not made.
Every payment made to Art House Barcelona entails the issuance of a printed invoice in the name of the registered USER or the company name that the USER has informed at the time of making the reservation. This invoice will be delivered to the USER at the end of the rental and payment of all contracted services.
For any information about the reservation, the USER may contact the Art House Barcelona customer service telephone number 935143683 – 606284933 or via email to the address tonispacebcn@gmail.com.
9. PURCHASE PROCESS
Property search
Our web has a search system by different parameters to make it easier for you to choose your accommodation. Types of reservations:
Reservation with immediate confirmation: Minimum price of the service stipulated on the web. You will be able to make the reservation online and add the extra services that suit you.
Reservation (purchase request)
From the Online Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.
The final price will be calculated according to the selected check-in and check-out dates, the number of people accommodated (adults and children) and the extra services chosen.
10 OTHER CONDITIONS
Pets. The presence of animals is not allowed in the apartments except for some apartments that we do accept.
No smoking. Smoking is not allowed in the apartments, except on balconies, terraces, patios and gardens. If you fail to comply with this rule, a fine of up to 200 euros will be imposed to cover the costs of cleaning upholstery, curtains and bedspreads.
"Specific rules for each apartment. The house rules are handed out upon arrival and establish guidelines related to aspects of the ordinary operation of the apartment (e.g. silence at certain times, garbage disposal, etc.). It is evident that there must be respect these rules, which are often common sense and facilitate coexistence with other neighbors. It is important to respect the neighbors' rest, which is why we ask our guests not to engage in noisy activities, especially between 9:00 p.m. and 9:00 a.m.: 00 a.m. It is also important to avoid all actions that may disturb the neighbors, such as music that is too loud, noise, etc. Parties and the entry of people not staying in the home are prohibited to respect the rest of the neighbors. It is essential make good use of the common areas or common elements of the building where the tourist home is located, as well as behave civically both in the tourist home and in the building in which it is integrated."
Breach.
Serious and/or repeated non-compliance by the client with the conditions established above will grant APARTMENTS TONI SPACE BARCELONA, S.L. the right to demand immediate abandonment of the apartment, without any compensation.
The length of stay is as indicated on the front of this document. At the expiration of the agreed period, and without prior notice, the client must leave the apartment that is the subject of the contract, free and empty, with the exception of the furniture and belongings of the apartment, and must at that time hand over the keys. For alleged non-compliance with the above, the client is obliged to pay the sum corresponding to three times the daily price.
11. GUARANTEES AND REFUNDS
The guarantee of the offered products will respond to the following articles based on the Law 23/2003, of July 10, of Guarantees of sale of goods and services of consumption:
Conformity of the services with the contract.
Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they meet all the requirements expressed below, unless, due to the circumstances of the case, some of them are not applicable:
a) Comply with the description provided by Art House Barcelona .
b) Are suitable for the uses to which the services of the same type are ordinarily destined.
c) Are apt for any special use required by the client, when he has informed Art House Barcelona at the moment of the conclusion of the contract, as long as Art House Barcelona has admitted that the service is apt for this use.
d) They present the usual quality and performance of a service of the same type that the customer may reasonably expect, taking into account the nature of the service and, if applicable, the descriptions of the specific characteristics of the services made by Art House Barcelona.
e) Art House Barcelona describes the details, technical characteristics and photographs of the properties provided by the owners of the properties, so that Art House Barcelona is not bound by these public statements.
2. The lack of conformity resulting from a service not performed or rendered shall be equated to the lack of conformity of the contract, provided that the responsibility for the same lies with Art House Barcelona or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or bad practice of the USER, it shall not be considered a fault of Art House Barcelona and shall be considered in accordance with the terms of the contract.
3. Art House Barcelona shall not be liable for any lack of conformity that the USER knows or could not have been unaware of at the time of the conclusion of the contract or that has its origin in information provided by the USER.
Liability of Art House Barcelona
Art House Barcelona will be liable to the USER for any lack of conformity at the moment of the delivery of the accommodation. Art House Barcelona acknowledges the USER the right to repair the service, to its replacement, to the reduction of the price and to the termination of the contract.
11. APPLICABLE LAW AND JURISDICTION
The present contract is governed by the provisions herein and, supplementarily, by the provisions of the Civil Code, all without prejudice to the provisions of Decree 159/2012, of 20 November, of the Generalitat de Catalunya, which regulates, among other types of accommodation, dwellings for tourist use. These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Art House Barcelona and the USER agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals closest to Barcelona.
If the USER is domiciled outside Spain, Art House Barcelona and the USER expressly waive any other forum, submitting to the Spanish jurisdiction established in the previous paragraph.