GENERAL TERMS AND CONDITIONS FOR CONTRACTING
1. Introduction and regulations on contracting
This agreement comprises the General Terms and Conditions for Contracting the on-line sale services provided on this web site by ApartUP Spain, S.L. our “Company", hereafter ApartUP, to the purchaser of the service: the "USER".
The User declares that all of the details and information provided are correct, and that he/she understands and accepts all of the TERMS AND CONDITIONS that are set out hereunder.
2. Personal data of the user
The personal data provided by the USER is confidential and protected by virtue of which the regulations on the security of automated files containing personal data are approved as well as the other legal provisions that are applicable thereto.
USERS are informed that all such security levels regarding the protection of personal data as are required by law have been adopted, and that all the resources and technical means possible have been installed to avoid the loss, misuse, alteration, non-authorized access and theft of any and all personal data provided. The USER must, however, be aware that the security measures on internet are not impregnable.
Under no circumstances shall the personal data of the USERS be employed for purposes other than those described hereunder.
The USERS are entitled to and may exercise the rights of access, cancellation, rectification and opposition to the handling, use and assignment of their data by notification to be sent to our Company at the electronic mail address displayed in the contact section of the webs, or by post to our Company, stating name and surname, the petition in question and an electronic mail address.
Under no circumstances shall the personal data collected on the USERS be assigned without the express consent of the USER.
3. Intellectual property
The texts and graphic elements comprising this web page and disseminated there from as well as the presentation and placement thereof are the exclusive property of ApartUP. Therefore, they comprise works such as those that are protected by European Community law within the scope of intellectual property, and are also protected by the international conventions signed in this field.
ApartUP does not grant any licenses or use rights whatsoever on its industrial or intellectual property rights or on any other property or right in relation to this web page unless as otherwise expressly agreed with third parties.
The USERS may only reproduce the content of the web page for the sole purpose of making a reservation: storing the said content, making security copies there of and printing the said content on paper.
Notwithstanding the foregoing, any reproduction or presentation of the content of this web page or any of its elements for commercial purposes or for any use other than that stated above shall be prohibited unless express written approval thereof has been granted by ApartUP. Any breach of the foregoing condition shall be grounds for ApartUP to bring the proceedings that are necessary in defense of its interests.
4. Subject matter
The subject matter of the GENERAL TERMS AND CONDITIONS set out hereunder is to define the terms and conditions according to which ApartUP is to provide the service/s that the User accepts without reservations or limitations.
These GENERAL TERMS AND CONDITIONS may, where necessary, be complemented by special conditions.
The acceptance and/or validation on the part of the USER of an application form issued by ApartUP implies acceptance without reservation of the GENERAL TERMS AND CONDITIONS set out hereunder.
5. Provision of service and form of provision
The services accessible by the USERS on the web page that are offered by ApartUP are free of charge and the USERS will not be bound to pay any consideration for the said services. Nevertheless, the use of some of the services of the web page may only be accessed by subscription or registration on the part of the User.
The USER may contract one or several of the services that are specified on the web page. This may be done at any time during the term of this agreement upon acceptance by the USER of the terms and conditions set out thereunder.
The provision of such services shall be governed in accordance with the TERMS AND CONDITIONS that are set out hereunder, and as the case may be, under the corresponding special conditions that are applicable to the services requiring the said conditions. The said provision is based on the contracting by the USER of any of the services offered by ApartUP on the web page of the latter.
6. Modification to the terms and conditions
The TERMS AND CONDITIONS may undergo changes which shall be notified to the USERS by announcement on the web page.
The modification or cancellation of one or more of the agreements set out hereunder does not imply the cancellation or nullity of the other agreements or the cancellation of the contractual relations with the USERS.
OF THE SERVICE PROVIDER
ApartUP shall not be liable for any type of damages that might derive from any of the following:
7.1. The alteration of privacy and security through the use and content of the web page and the services by third parties that are not bound thereto, in accordance with the law currently in force.
7.2. The presence of false elements in the services offered by third parties across the web page that might cause alterations in the computer system, electronic documents or files of the USER.
7.3. The lack of veracity, accuracy, exhaustiveness or updated status of the content offered by third parties.
7.4. The lack of lawfulness, reliability and usefulness of the content of the services offered by third parties across the said page.
OF THE USER
The USER is the one and only responsible party for his/her identification to access the service and for the use on his/her part of the web page and the services; aware of this, the said USER voluntarily accepts this liability.
8. Early termination
ApartUP may rescind the agreement prior to the expiry thereof without issuing prior notice by denying or withdrawing access to the web page, the services and the content there of to any USERS that fail to comply with the TERMS AND CONDITIONS hereunder.
9. Term and termination
The provision of the service of the web page has an open-ended term. Notwithstanding the foregoing, ApartUP is entitled to terminate or suspend the provision of the web page service and/or any of the services at any time, without prejudice to what might be provided for with respect thereto in the corresponding TERMS AND CONDITIONS. When it is reasonably possible, ApartUP shall give prior notice of the termination or suspension of the provision of the web page service.
SPECIAL CONDITIONS FOR THE SERVICE "PROPERTY BOOKING”
1. Service description
ApartUP advertises accommodation and experiences proposals providing an information service for the USER.
According to USER accommodation criteria (destination, arrival dates, number of nights, amenities, district,...), ApartUP websites publish and generate automated accommodation proposals. If the USER is interested in an accommodation proposal, he/she must send a booking demand to ApartUP which offers the service to confirm the reservation of the accommodation proposal. The contact details of the property and the exact address of the dwelling house will be indicated in the final confirmation.
2. Booking demand, acceptance and final confirmation
ApartUP uses all its available means to offer accurate on-line availability calendars. However, we cannot guarantee that at the moment we process your booking request, the accommodation proposal will still be valid.
ApartUP reserves the right to reject your booking demand and propose alternative solutions, without being responsible for any of the consequences to the USER.
Once received the booking demand from the USER, ApartUP will charge the payment of the service to the USER by credit card or whatever other accepted means of payment offered on the website. The USER will receive a final confirmation notice by email, which is the acceptance of the booking demand and the last step of the booking service of ApartUP.
Total price includes expenses for consumption of gas, electricity and water, for lease terms of 30 days or less.
Under no circumstances shall total price always include charges arising from the use of telecommunication services such as telephone or internet. Said charges shall be separately billed to USER, who shall pay the corresponding telecommunication bills to ApartUP.
The USER must pay 30% ( LOW SEASON ) or 50% ( MEDIUM or HIGH SEASON ) of the total amount of the reservation at the time of confirmation. The payment terms are described in each accommodation proposal.
Payment will be made by one of the following means:
- Virtual POS.
- Credit card.
- Bank transfer to ApartUP account number.
Keep in mind that booking will not be confirmed until ApartUP has received the full payment, checked the availability of accommodation, and in turn, the USER receives a confirmation by e-mail.
ApartUP requested a security deposit to ensure adequate use of the accommodation on arrival of the USERS, which can range from 150€ to 250€, depending on the apartment.
For stays upper 30 days, the costs for the consumption of water, electricity and gas are included in the price of the booking up to a maximum amount of:
• €120/month for 1-bedroom apartments.
• €150/month for 2-bedroom apartments.
• €200/month for apartments with 3 or more rooms.
These amounts are calculated on the basis of a responsible consumption. Any amount exceeding this usage will be the responsibility of the USER, and demonstrated with the corresponding bills emitted by the utility company.
The minimum stay is specified in each of the apartments according to season.
5. Cancellations by User
In the event that the USER cancels the reservation due to unexpected circumstances or force majeure - either part or all of the stay - the total amount of the reservation is non-refundable.
ApartUP reserves the right to claim the total amount as a deposit on special dates ( Summer from 1-07 to 15-09, Fallas, Easter, Bank Holidays and Holidays ).
For this HIGH SEASON situation, the following cancellation policy will apply:
• Up to 30 days before arrival: the establishment will charge 0% of the entire stay.
• Between 29-0 days before arrival: or for not showing up at the apartment: the establishment will charge 100% of the entire stay.
For MID SEASON ( from 01/01 to 09/01 - from 04/26 to 06/30 - from 12/23 to 12/31 ) the following cancellation policy will be used:
• Up to 14 days before arrival: the establishment will charge 0% of the entire stay.
• Between 13-7 days before arrival: the establishment will charge 50% of the entire stay.
• Between 6-1 days before arrival: or for not showing up at the apartment: the establishment will charge 100% of the entire stay.
And LOW SEASON ( other dates ), the following cancellation policy will apply:
• Up to 7 days before arrival: the establishment will charge 0% of the entire stay.
• Between 6-1 days before arrival: the establishment will charge 50% of the entire stay. For no shows 100% will be charged.
All the amounts that must be returned will be made through the same payment method used by the USER. To avoid all these cases, ApartUP recommends you take out travel insurance.
For further information, please contact our booking department by sending an email to email@example.com or give them a call at +34 963 441 998.
6. Cancellations by ApartUP
6.1. ApartUP reserves the right to cancel –in whole or in part – the aforesaid reservation due to acts of the property owner, God, or major force, with prior written notice to the USER.
6.2. In the event of cancellation by ApartUP, pursuant to provisions of paragraph herein, ApartUP shall reimburse the USER 100% (one hundred percent) of the reservation payment for the dwelling house. ApartUP shall not be liable for any damages, losses, lost profits, direct or indirect costs, arising from such cancellation.
6.3. ApartUP reserves the right to change the apartment booked by the USER for another of similar or higher category.
7. Apartment change upon Client demand
After confirmation of the reservation, if a USER wants to change property, he/she must send an email to the customer service explaining that he/she wants to cancel the first reservation and book a new property. Then the USER has to book a new property. After confirmation of the new reservation, the first reservation will be cancelled. In this case ApartUP reserves the right to charge a cancellation fee corresponding to a maximum of 100% of the reservation payment of the cancelled reservation.
8. Security Deposit
ApartUP requested a security deposit to ensure adequate use of the accommodation on arrival of the USERS, which can range from 150€ to 250€, depending on the apartment. This amount will be returned until 48 hours after the departure of the USER, if the apartment is in perfect condition.
The deposit will not be returned totally or partially if found damage caused by the USER in the apartment or its equipment. In the same way ApartUP will charged 25€ to USER in case of finding an apartment in unreasonable conditions on departure ( dirt on all kitchen utensils, garbage, changed site furniture, etc … ).
ApartUP has the right to refuse admittance to USERS who do not pay the required security deposit.
Under no circumstances shall the security deposit be used by USER as an excuse for delay in making the payments he/she is obliged to make.
9. Equipment / Cleaning
ApartUP put at the disposal of all our USERS a full set of bed linen and towels for the appropriate number of guests staying at the holiday apartment.
Additionally, is included in the price of the booking the cleaning before the arrival of the apartment.
Final cleaning of the apartment is a fee that is compulsory for the customer, having a value between 50€ and 100€ depending on the size of the apartment. If you want to contract any other cleaning services you can do it directly by booking on our website as an additional service, or contacting through firstname.lastname@example.org.
10. Check In.
All our USERS will be welcomed by a staff member at the booked apartment.
It is important that when you reach the city / town to contact with ApartUP using the booking reference number provided on the booking confirmation with the objective that a member of our staff is waiting in the apartment.
Check in time is from 15:00h. In the case of a late arrival, please contact us as soon as possible and arrange your check in the best possible way. If you arrive before the scheduled time try to accommodate your early check in always subject to availability and upon request.
To check in after 21:00h or before 9:00h have a supplement of 30€.
11. Check Out
The departure time is between 9:00h and 11: 00h. If you need to leave later or earlier, please contact with ApartUP as soon as possible and we will try satisfy you, you may have an additional cost.
12. Use of accommodation
The accommodation shall be used for individuals and business travelers., The accommodation should never be used for commercial activities without prior written acceptance from ApartUP. Therefore, the USER declares that he/she is leasing the accommodation for the purpose of spending his/her holidays or business trip. Under no circumstances shall the accommodation leased under the terms of the contract here of be used on a habitual residential basis.
13. Condition and Maintenance of the Accommodation
USERS shall keep and maintain the premises in good condition throughout the term of this lease, freely agreed upon by the parties here to, and he/she covenants to pay to ApartUP present market prices in case of any damage or loss to said accommodation, caused either by USERS or by any other persons staying in said accommodation.
14. Behaviour rules
The USER will be liable for the correct and decent behavior of all the persons accompanying him/her, according to the house rules listed below. Should that person, or any of the person accompanying him/her not behave in a suitable and responsible way, ApartUP shall be entitled to request the USER and the persons accompanying him/her to leave the property without the right for the latter to claim any type of compensation.
15. House rules
15.1. The person whose name has made the reservation must be 18 years old and be the same as using the apartment. At the time of the reservation shall specify the number of people who will use the accommodation, which must be the same as it occupies. Accommodation capacity can never exceed, except for children under 4 years.
15.2. The USER must respect the neighbors of the property: the tranquility and silence must be maintained and respected at all times. Therefore, USERS must not make noise on the stairs or in the apartment.
15.3. In case of complaints from the neighbors due to excessive noise or annoying behavior from the USER and/or guests of USER, ApartUP has the right to oblige the USER to leave the property immediately, without any refund of the amount already paid for the reservation, and the security deposit will be kept by ApartUP.
15.4. The operating rules of the Building Owners will be respected where the property is located, as well as the correct use of the common elements and facilities of the same will be respected.
15.5. The garbages will settle in the special containers for this use according to the schedules established in the place.
15.6. USER must respect no smoking restrictions.
15.7. Pets are not allowed and in the case that USER considers to be necessary one must consult ApartUP before.
15.8. If USER leaves the apartment for a while, the USER must make sure that all lights are turned off as well as the air-conditioning and heating put at minimum or switched off.
In the event of early termination of the contract hereof by USER, with no breach on ApartUP’s part, USER shall have no right to any reimbursement of price or of any other expenses paid.
17. Assignment of the reservation
The reservation here of is on behalf of the USER, and shall therefore be non-transferable, either in whole or in part, to any other person.
USER holds ApartUP exempt from any liability arising from any damage or injury that may occur to USER and/or guests of USER and their collective belongings originated by fixtures and/or structures of the dwelling house and/or the utilities supplied to the dwelling house.
In the case of an failure of others to misuse that the USER can give an apartment and make it impossible to stay in it, ApartUP responsible to fix it as soon as possible after notification by the USER. If it is not possible for some reason fix the problem, ApartUP look for an apartment similar or superior characteristics.
All USERS staying explicitly state that used the apartment at your own risk and ApartUP exonerate any compensation.
It is the responsibility of the USER to pay for the loss of the keys and to cover the additional cost for the lock change. The loss or forgetting of the keys inside the apartment and having to move to open it, will mean an additional supplement of €50. If a professional locksmith is required, THE USER will also pay the total amount thereof.
In case of preventive isolation or quarantine ApartUP is not responsible for the expenses that may be incurred. If there is a positive confirmation case with symptoms compatible with Covid-19, the protocol established by the Spanish Ministry of Health was determined.
In the event of early termination of the contract here of by USER, with no breach on ApartUP’s part, USER shall have no right to any reimbursement of price or of any other expenses paid.
20. Submission to law
These TERMS AND CONDITIONS have been written according to the Spanish laws so any interpretation of them shall be subject to Spanish law. For any dispute concerning the bookings, made by ApartUP only the Spanish Courts shall have jurisdiction.