1. IDENTIFICATION
CANARYFLAT is owned by Central de Arrendamientos Bernal, S.L. with registered office at Avenida de Gran Canaria, 32 local 45, with CIF B76018712 and with contact telephone number 639016485 and email cristina@canaryflat.es in the name and representation of the PROPERTY in accordance with the authorization in force granted by it.
2. PURPOSE
The purpose of these Booking Conditions is to regulate the contractual relationship that arises between CANARYFLAT acting on behalf of and representing THE PROPERTY and the LESSEE (or user), for the lease for the use of vacation homes according to the Decree of the Government of the Canary Islands 113/2015 of May 22 that regulates the Tourist Apartments (BOC 101 of Thursday, May 28, 2015). Likewise, users are informed that the entire online booking and booking process may be carried out in Spanish or English, depending on the option selected by the user.
3. ONLINE PROPERTY RESERVATION
The entire process of booking the properties must be carried out directly by the LESSEE or his legal representative through the website www.canaryflat.es, regardless of whether both parties can proceed after signing a Lease Booking Conditions vacation in physical format, according to the conditions of each case.
3.1 PREREQUISITES
In order to carry out these Booking Conditions, both parties mutually guarantee that: • They are of legal age and have full legal capacity and capacity to act. • That they act completely free and give their consent without any defect and in a completely free and conscious way. • Likewise, it is reported that in order to make any type of reservation through the CANARYFLAT website, it is necessary to comply with the following additional requirements: Have an Internet connection. Have an active email account.
3.2 ONLINE PROPERTY RESERVATION PROCESS
CANARYFLAT makes available to users the possibility of booking or pre-booking the properties through the company's website. To do this, the user must follow the following steps: The user must indicate the following aspects regarding their reservation: entry date, departure date, number of people and contact details for the reservation. Next, the user will be asked to accept by checking the box, these Booking Conditions, having the possibility to print a copy or send it via e-mail. You will be informed of all the payments associated with the reservation, specifically the amount of the contracted services, discounts as well as the payments to be made to confirm your reservation: -100% of the total price of the reservation for confirmation. In the event that you do not want to pay any previous deposit, the user may select the "pay on arrival" option. In this case, the reservation will not be confirmed until we have checked availability and will require prior confirmation from our reservation team. Via email you will be informed if your reservation has been accepted for the selected days. Finally, the user will go to the last screen of the reservation process, in which he can make the corresponding payment using the payment methods shown on the screen at the time of booking. Once the reservation process has been completed and the corresponding payment has been made, the system will automatically send the user an email confirming the reservation made.
4 CONDITIONS OF RESERVATION OF THE PROPERTY
4.1 REQUIREMENTS FOR THE OCCUPATION OF THE PROPERTY
Before handing over the keys to the property to the LESSEE, he must:
1. Show your passport or ID, physically sign these Booking Conditions, as well as settle any applicable amounts that may be pending until that moment.
4.2 CONDITIONS DURING THE STAY The LESSEE, both for her acts, and for those of the tenants expressly authorized by her, guests or visitors who access the property with her authorization, undertake to:
1. Respect the hours of rest of the community of owners to which the property belongs, which are from 10pm to 8am.
2. Do not allow any type of party or gathering of people that exceeds the limit of occupants indicated in the reservation. Any type of party is strictly prohibited. In case of complaints from neighbors regarding loud music, or parties on the property, or in case it has been necessary to call the police, CANARYFLAT reserves the right to vacate said property immediately. In this case, the LESSEE will not be entitled to a refund of any amount paid as rent, or as a deposit.
3. Throw the garbage in the containers located outside the building after 8pm or in the garbage room of the building if you have it.
4. The entry of pets into the property is expressly prohibited.
5. CANARYFLAT is not responsible for the loss, theft or deterioration of the personal objects of the tenants.
6. CANARYFLAT is not responsible for the inoperativeness of the ADSL service that is motivated by causes attributable to the operator or third parties unrelated to CANARYFLAT
7. The LESSEE will be responsible for any damage or defect caused to the property and its accessories, as well as in the common areas of the property, which are caused both by the LESSEE, and by the people who live with him or his visitors. The LESSEE shall keep the property at his own expense in a perfect state of health and conservation throughout his stay.
8. The LESSEE agrees to deliver the property and its accessories at the end of his stay in a reasonable state of cleanliness and without trash or debris inside. Otherwise, and charged to the deposit, CANARYFLAT will charge a cost for cleaning services that you can check at the time of booking.
4.3 CONDITIONS FOR THE EVICTION OF THE PROPERTY
In the event that the LESSEE does not voluntarily leave the property or does not deliver the keys to it on the date indicated in his Booking Confirmation, he must indemnify CANARYFLAT every day that without authorization extends his stay or retains the keys in the five times the night price of the reservation.
4.4 ECONOMIC CONDITIONS The rent, freely agreed by both parties, is set at the amount detailed in the Reservation Confirmation. When CANARYFLAT receives the payment of 100% of the total amount of the reservation price, a temporary confirmation of the reservation to the LESSEE by email to the address that he has provided at the time of making it. The cost of consuming the supplies is the account and charge of the lessor
4.5 CANCELLATION CONDITIONS In the event that the LESSEE cancels his reservation or requests a change in the dates thereof, he must notify CANARYFLAT in writing, the request being sent to the email cristina@canaryflat.es being valid. Depending on the number of days between the date of receipt of the cancellation request and the date of entry into the property, CANARYFLAT will receive, as compensation for cancellation, the following percentages of the total reservation price: More than 30 days from advance: 0% 30 to 15 days in advance (both included): 50%. Less than 15 days in advance: 100%
5. CONTRACTING OF ADDITIONAL SERVICES
CANARYFLAT offers tenants a series of additional optional services independent of the property reservation, in order to ensure that their stay is as close as possible to their needs. The particular conditions of said additional services are expressly indicated on the web www.canaryflat.es, said document being applicable only in those cases in which you select any of these services.
6. RESPONSIBILITIES
We are deeply committed to ensuring that our web services work correctly and in accordance with the conditions agreed with our users. However, sometimes it is possible that, especially by the intervention of unauthorized third parties, situations could occur that could cause malfunctions. In this sense, below we detail those situations in which we are not responsible for the actions of the users, assuming these all the derived responsibilities:
1. In the event that information appears on the website or platform that has not been hosted by us or that has been published by a third party outside the organization.
2. In the event that the website and the platform are not operational for technical reasons attributable to third parties or unforeseeable causes or force majeure.
3. In the event that the user stores, disseminates, publishes or distributes on the website any type of defamatory, injurious, discriminatory material that incites violence or that is against morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties.
4. In case the user uses the website or platform to introduce data, viruses, code, hardware or telecommunications equipment or any other instrument or electronic or physical device, and damage to the systems of other users is caused.
5. In the event that any of the content accessible through the website or platform is contrary to current regulations, we undertake to proceed with its immediate removal as soon as we become aware of and corroborate the facts.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
CANARYFLAT is deeply committed to the protection and defense of intellectual and industrial property rights. Therefore, it is reported that:
1. In no case may it be understood that users are granted any exploitation rights over the exposed web contents, beyond what is strictly necessary for their visualization.
2. It is guaranteed that all web content is completely original and appropriate to current national legislation. In those cases in which we do not have ownership of the contents, we have all the rights related to public communication, distribution and / or reproduction.
3. All logos, trademarks and trade names exposed through the website or the platform are the property of CANARYFLAT or, as the case may be, of third parties that have allowed its use and / or exploitation.
4. Under no circumstances browsing through the website may suppose the total or partial resignation, transmission, license or assignment regarding intellectual or industrial property rights, unless otherwise stated in writing.
5. None of the content hosted on the platform can be downloaded, reproduced or used, in any other device or place other than the CANARYFLAT website, unless the means for this has been expressly enabled by CANARYFLAT.
6. For security reasons, it is not allowed to use frames or mechanisms that alter or vary the design, original configuration or content of the website.
7. With regard to links or hyperlinks, it is possible that CANARYFLAT provides them with access to websites of independent third parties that are directly related to the advertising displayed and reproduced through the website or platform. As they are not the property of CANARYFLAT, we are not responsible for their content and / or operation.
In the event that they detect any type of content contrary to current regulations or that may be harmful to other users, please notify us as soon as possible at the following address cristina@canaryflat.es.
8. SAFEGUARD CLAUSE
All the clauses or extremes of this Booking Conditions must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared NULL by a final judicial decision. The contracting parties agree to replace the clause or clauses affected by another or others that preserve the effects pursued by the parties.
9. RESOLUTION OF DISPUTES
For any litigation or matter that concerns our website or any of which depends on it, Spanish law will apply, being competent for the resolution of all disputes arising or related to the use of this website, the Courts and Courts of San Bartolomé de Tirajana, Spain and, where appropriate, consumer Arbitration Courts or the like to which we are attached, at the time of the controversy. In order to present claims in the use of our services, you can go by mail to the electronic or physical address indicated above, and must resort in any case to a friendly solution in the first instance.