General conditions
GENERAL CONTRACTING CONDITIONS
This contractual document will govern the contracting of products and services through the web site www.ecomarcalpevacances.com owned by ECOMAR ALQUILERES S.L., from now on ECOMAR ALQUILERES S.L. The acceptance of this document implies that the USER
- You have read, understand and comprehend what is stated here.
- He's a person with enough capacity to hire.
- Assume all obligations hereunder.
These conditions will be valid for an indefinite period and will be applicable to all contracts made through the ECOMAR ALQUILERES S.L. website.
ECOMAR ALQUILERES S.L. informs that the commerce is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted before the modification.
Identity of the contracting parties
On the one hand, the provider of the services contracted by the USER is ECOMAR ALQUILERES S.L., with registered office at URBANIZACION MARYVILLA, 1-B - 03710 CALPE (Alicante), NIF B42523084 and with customer service phone number / USER 965831215.
On the other hand, the USER, registered in the web site by means of a user name and password, over which he has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to ECOMAR ALQUILERES S.L.
Object of the contract
The present contract is intended to regulate the contractual relationship between ECOMAR ALQUILERES S.L. and the USER at the moment that the latter accepts during the online contracting process, the rental of properties for temporary accommodation.
The contractual relationship of accommodation booking involves the rental of the chosen property, for a limited time, in exchange for a determined price and publicly displayed through the website. Extra services must be contracted at the time of booking.
Contracting procedure
The USER, in order to access the services or products offered by ECOMAR ALQUILERES S.L., must register through the web site 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 Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a user name and a password, committing himself to make diligent use of them and not to make them available to third parties, as well as to communicate to ECOMAR ALQUILERES S.L. the loss or theft of them or the possible access by an unauthorized third party, so that the latter can proceed to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of the Law
34/2002, of Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
General contracting clauses.
Booking and payment process
Force majeure.
Generalities of the offer.
Price and term of validity of the offer.
Purchase process.
Applicable guarantees.
Applicable law and jurisdiction.
GENERAL CONTRACT CLAUSES
Unless otherwise stipulated in writing, the placing of an order with ECOMAR ALQUILERES S.L. will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of ECOMAR ALQUILERES S.L. if it has not been expressly accepted in advance and in writing by ECOMAR ALQUILERES S.L.
GENERAL CONDITIONS
The general conditions set out the contractual terms and conditions between you and the owner. Our apartments are intended exclusively for families. We do not accept groups of young people.
BOOKING AND PAYMENT PROCEDURE
Payments will be made 50% upon reservation and 50% 14 days before check-in.
CANCELLATION POLICY
All cancellations must be communicated in writing via e-mail. No cancellations or changes are accepted by phone.
Cancellations before 30 days before the date of arrival will be refunded 100% of the amount paid.
Cancellations made less than 14 days before the date of arrival will result in the loss of the amount paid.
Cancellations between 30 days before the date of arrival and 14 days before the date of arrival mean the loss of 50 % of the amount paid up to that moment.
The change of dates by the guest constitutes a new reservation and will be subject to our cancellation policy.
The obligation to reserve accommodation will cease when, without prior notice, it is not occupied or cancelled at the scheduled day and time and no amount will be refunded.
There will be no PASSES if the client voluntarily withdraws from the services before the end of his stay.
DEPOSIT
We'll ask for a deposit of £300. The deposit can be paid by credit card up to 14 days before the check-in. It will be returned in full once our representative or the owner has checked that the apartment is in the same condition as when you entered it. This return will be made by bank transfer or credit card up to 7 days after your departure.
In case of properties, returned with extreme dirt, the owner reserves the right to deduct the proportional part of the deposit as an extra cleaning cost. Likewise, part of the deposit will not be returned in the event of leaving rubbish bags in the property or due to inconvenience caused to other clients or neighbours.
WHAT DOES YOUR RESERVATION INCLUDE?
- Arrival cleaning
- Final cleaning on departure is an extra 100 ? (included in the final price)
- Wifi .
- Water, electricity and gas supply. Air conditioning included in the price.
- Sheets and towels for the bathroom and sink for each guest, kitchen cloths.
- Cradle and high chair. On request and carries a daily supplement of 2 ?. We do not provide bedding for the cot.
TIME OF ENTRY, EXIT AND COLLECTION OF KEYS
The entrance to the property is guaranteed from 16.00hs to 19hs. In the morning the time to check out is at 10am from Monday to Saturday. Sundays closed.
Arrivals after 7pm will be charged at a rate of 40 euros. You must request your arrival at this time and it will be pending confirmation.
The delivery of key and check-in will be made in our office located in Urbanization Maryvilla 1 B.
RULES OF USE
Respect the rest time from 24:00 p.m. and 10:00 a.m.
Parties inside the property are not allowed. They are strictly forbidden.
During your stay, empty the garbage and put it in the nearest garbage containers.
Always lock the front door when leaving the property.
The guest who makes the reservation is personally responsible for the behavior of all guests who accompany him.
You are not allowed to accommodate more people than you initially booked for, and you are not allowed to introduce more beds than there are available. Failure to comply with this rule will terminate your contract with us without any right to compensation.
ECOMAR RENTALS reserves the right of admission and public scandal or inappropriate behaviour that disturbs rest and coexistence on the property will result in immediate expulsion regardless of the time of day or night. This also means the loss of the rent and the deposit without any right of compensation.
The client expressly recognises that the accommodation contracted does not and will not constitute his/her habitual residence, holding only a right to use it during the period contracted.
ECOMAR RENTALS does not assume any responsibility for injury, debt, damage, loss, delay, expense or inconvenience caused to guests by any cause or reason, directly or indirectly or by any event. Nor does it assume any responsibility for loss, theft or misplacement of guests' personal property (documentation, money, jewelry) left on the property.
Under the same terms, the owners are not authorized to access the property without the guests' permission, except in case of emergency, force majeure or in case the client demands it in order to solve any technical or unexpected breakdown.
PETS
Pets on request and express acceptance by ECOMAR RENTALS.extra cleaning supplement per pet 30 euros per stay.
PARKING
In case the property has a parking lot, it is totally free.
ECOMAR RENTALS is not responsible for the client's luggage and personal belongings, nor for any damage or theft to their vehicle, which may occur in our car park.
CLAIMS
Our goal is to make sure that our customers have a pleasant stay.
If during the rental period there is any breakdown in the installations or electrical appliances, you must immediately notify ECOMAR ALQUILERES S.L. in order to resolve these incidents as soon as possible.
In case of force majeure (water damage, fire etc.) ECOMAR ALQUILERES S.L. will replace the reserved accommodation with another one of the same characteristics. In the case of unavailability of accommodation, ECOMAR ALQUILERES S.L. will refund the total amount paid.
ECOMAR ALQUILERES S.L.
URBANIZACION MARYVILLA, 1-B - 03710 CALPE (Alicante) Phone: 965831215
Mail: book@ecomarcalpevacances.com
Online Dispute Resolution
In accordance with Art. 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 ECOMAR RENTALS S.L., without the need to go to court, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
FORCE MAJEURE
The parties shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cessation of the case of force majeure.
COMPETITION
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted.
If any provision of these conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, understood and accepted these General Conditions in their entirety.
OVERVIEW OF THE OFFER
All sales and deliveries made by ECOMAR ALQUILERES S.L. will be understood to be subject to the following
General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of ECOMAR ALQUILERES S.L. or here stipulated will have effect, unless expressly agreed in writing signed by ECOMAR ALQUILERES S.L., in which case these particular agreements will prevail.
Given the continuous technical advances and product improvements, ECOMAR ALQUILERES S.L. reserves the right to modify its specifications with respect to the information provided in its advertising, until the value of the services offered is not affected. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable and will be expressed in EURO currency.
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. The prices may change daily until the reservation is made.
Any payment made to ECOMAR ALQUILERES S.L. implies the issuance of an invoice in the name of the registered USER or of the company name that the USER has informed at the time of booking. This invoice will be delivered to the USER at the time of completion of the rental and payment of all services contracted.
For any information about the reservation, the USER can contact through the customer service phone number of
ECOMAR ALQUILERES S.L. 965831215 or via e-mail to book@ecomarcalpevacances.com.
BUYING PROCESS Property search
Our website has a search system by different parameters to facilitate the choice of your accommodation. Types of reservations:
Booking with immediate confirmation: Minimum price for the service stipulated on the website. You can make the reservation online and add the extra services that suit you.
Price not available: In the case of not having the price of the service, the USER will be informed as soon as possible, by e-mail or telephone.
Reservation (purchase request)
From the section Online Reservation, 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 dates of entry and exit, the persons accommodated (adults and children) and the extra services chosen.
WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of 10 July, of
Guarantees for the sale of consumer goods and services
Conformity of services with the contract
Unless proved otherwise, the services shall be deemed to be in accordance with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any of them inapplicable:
a) They comply with the description made by ECOMAR ALQUILERES S.L.
(b) are suitable for the purposes for which services of the same type are normally intended.
c) Be suitable for any special use required by the client, when it has been made known to ECOMAR ALQUILERES S.L. at the time of the conclusion of the contract, provided that the client has admitted that the service is suitable for this use.
d) Present the usual quality and performance of a service of the same type that the client can reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services provided by ECOMAR ALQUILERES S.L..
e) ECOMAR ALQUILERES S.L. describes the details, technical characteristics and photographs of the properties provided by the owners, so that it is not bound by these public statements.
2. The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility for it falls on ECOMAR ALQUILERES S.L. or under its responsibility; on the contrary, when the service not performed or provided is due to a negligence or bad practice of the USER, it will not be considered any fault of ECOMAR ALQUILERES S.L. and will be considered in accordance with the terms of the contract.
3. No responsibility will be taken for any lack of conformity which the USER knows or could not have been unaware of at the time of the conclusion of the contract or which has its origin in information supplied by the USER.
Responsibility of ECOMAR ALQUILERES S.L.
ECOMAR ALQUILERES S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. ECOMAR ALQUILERES S.L. recognizes the right of the USER to repair the service, to replace it, to reduce the price and to terminate the contract.
Repair and replacement of products
If the service is not in conformity with the contract, the USER may choose to demand the repair or replacement of the service, unless one of these options is impossible or disproportionate. From the moment that the USER communicates the chosen option to ECOMAR ALQUILERES S.L., both parties must comply with it. This decision by the USER is without prejudice to the provisions in cases where the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes costs on ECOMAR ALQUILERES S.L. that are not reasonable in comparison with the other form of remedy, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be carried out without major inconvenience for the USER, will be considered disproportionate.
Rules for repair or replacement of the product
Repair and replacement shall comply with the following rules:
The necessary expenses incurred to correct the lack of conformity of the contracted services will be free of charge for the USER.
They will be carried out within a reasonable time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.
If, once the repair has been completed and the property has been handed over, it still does not comply with the contract, the USER may demand its replacement, or a reduction in the price or the termination of the contract.
If the replacement fails to bring the property into conformity with the contract, the USER may demand the repair of the property, or the reduction of the price or the termination of the contract.
Price reduction and contract termination
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or the replacement of the service and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER.
The decision shall not be taken if the lack of conformity is of minor importance.
Criteria for price reduction
The price reduction shall be in proportion to the difference between the value the service would have had at the time of delivery if it had been in conformity with the contract and the value the service actually delivered had at the time of delivery.
Deadlines
Unless proved otherwise, the delivery is understood to be made on the day of the booking.
The USER must inform ECOMAR ALQUILERES S.L. of the lack of conformity at the time he/she becomes aware of it or, at the latest, at the end of the stay.
Unless there is proof to the contrary, it will be understood that the communication of the USER has taken place within the established period.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. ECOMAR ALQUILERES S.L. 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 CALPE.
In the event that the USER is domiciled outside of Spain, ECOMAR ALQUILERES S.L. and the USER expressly renounce any other forum, submitting to the Spanish jurisdiction established in the previous paragraph