I. GENERAL CONTRACTING CONDITIONS
This contractual document will govern the booking of accommodations through the website, owned by BEMIRMA S.L., under the trademark APARTAMENTOS CARU, hereinafter referred to as the PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Terms and Conditions will remain posted on the website for the USER to reproduce and save as confirmation of the contract. They may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing orders will apply.
Contracts shall not be subject to any formality except in the cases expressly stated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend what is stated here.
- It is a person with sufficient capacity to contract.
- Assume all obligations set forth herein.
These terms and conditions will be valid for an indefinite period and will apply to all contracts made through the PROVIDER’s website.
The PROVIDER 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 accommodation reservation service contracted by the CONSUMER or USER is BEMIRMA S.L., the company that owns APARTAMENTOS CARU with registered office at C/ Almería 26, Bajos, 08014 BARCELONA (SPAIN), NIF B60335387 and customer service telephone number: + 34 609 37 86 46 and on the other hand, the CONSUMER or USER, registered on the website with their details for which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the latter accepts, during the online booking process, the rental of properties for temporary accommodation. The reservation is equivalent to an electronic contract concluded with full legal validity (Art. 23.1 of Law 34/2002 and Art. 3 of the Civil Code). The contractual relationship for the reservation of accommodation entails the rental of the selected property for a limited period of time, in exchange for a price determined and publicly displayed on the website. Additional services must be contracted at the time of booking.
Contracting procedure
In order to access the services or products offered by the PROVIDER, the USER must be of legal age and register through the website. Therefore, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
The USER must use them diligently and not make them available to third parties. They must also report any loss or theft of such data, or any possible access by an unauthorized third party, so that the user can immediately block them.
Please be advised that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General Contract Clauses.
2. Reservation Activation.
3. Withdrawal and Cancellations.
4. Claims.
5. Force Majeure.
6. Competition.
7. General Terms and Conditions of the Offer.
8. Price and Term of Offer Validity.
9. Shipping Costs.
10. Payment Method, Charges, and Discounts.
11. Purchasing Process.
12. Dissociation and Suspension or Termination of the Contract.
13. Warranties and Refunds.
14. Applicable Law and Jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the making of a reservation with the PROVIDER shall imply the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
- ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will inform the USER in advance of the procedure to be followed to reserve the accommodation.
The automatic availability and price calculation system allows the user to choose the apartment or house they are interested in and immediately make an online reservation.
Once the reservation is confirmed, the PROVIDER will contact you via email and WhatsApp to confirm the reservation. This term is understood to mean that availability has been confirmed.
Deposits
No security deposit will be required; however, upon check-out, a prior inspection will be made to ensure there are no damages.
If any damage is detected after departure, the PROVIDER may charge the credit card provided by the USER, subject to prior notification and justification.
Failure to execute the distance contract
If the contract cannot be executed because the accommodation is not available within the specified timeframe, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and not pay any costs, without any liability for damages attributable to the PROVIDER.
El PRESTADOR no asumirá ninguna responsabilidad cuando la activación del servicio no llegue a realizarse, por ser los datos facilitados por el USUARIO falsos, inexactos o incompletos.
- WITHDRAWAL AND CANCELLATIONS
Right of withdrawal:
As these are tourist accommodations with fixed dates, the 14-day right of withdrawal does not apply (Art. 103.l of RDL 1/2007). In accordance with Article 103.l of Royal Legislative Decree 1/2007, the right of withdrawal will not apply to contracts that
relate to the provision of accommodation services with a specific date or period of execution.
Cancellation:
The USER may exercise their right to cancel in accordance with the terms and conditions established in this contract, as well as file a claim for any defects or flaws detected in the reservation, whether made online or by other means.
Any cancellation must be notified to the PROVIDER, indicating the corresponding reservation number. In the event of a refund, the USER may be penalized as follows:
- If the reservation is cancelled at least 7 days before the arrival date, 100% of the amount paid will be refunded.
- If cancelled less than 7 days in advance or in the event of a no-show, 100% of the reservation will be charged and non-refundable.
- If the reservation is cancelled after the deadline, or if the reservation is missed and the card is not operational, Apartamentos Caru reserves the right to claim the full amount of the reservation, plus any interest and costs that may arise, administratively or judicially.
- CLAIMS
Any claim that the USER deems appropriate will be addressed as quickly as possible and can be made at the following contact addresses:
BEMIRMA S.L.
Phone: + 34 609 37 86 46
E-mail: info@bemirma.com
During the stay, if any breakdown or incident occurs in the accommodation, the USER must immediately notify the PROVIDER so that it can be resolved as quickly as possible.
In the event of force majeure (water damage, fire, etc.), the PROVIDER will replace the reserved accommodation with another accommodation of the same characteristics. If accommodation is unavailable, the PROVIDER will refund the full amount paid.
In the event of an unresolved dispute between the parties, the USER may resort to the extrajudicial dispute resolution mechanisms available in accordance with current consumer protection regulations, or exercise their rights before the competent courts as established in the jurisdiction clause of this contract.
- FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
- COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any provision of these terms and conditions is deemed void 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 that he or she has read, understood and accepted these General Conditions in their entirety.
- GENERALITIES OF THE OFFER
The details of each reservation are reported to the USER in its respective description on the website.
All reservations and deliveries made by APARTAMENTOS CARU shall be deemed subject to these General Conditions.
Given the continuous technical advances and improvements of the products, it reserves the right to modify its specifications with respect to the information provided in its advertising,
until it affects the value of the services offered. These modifications will also be valid if, for any reason, the possibility of providing the services offered is affected.
Entrances and exits
The entrances and exits of the accommodations are:
Check-in: Key collection time starts at 1:00 PM. A person will be at reception until 2:00 PM.
- Accommodation will not be available before 1:00 p.m.
- For arrivals after 2:00 PM, instructions on how to collect the key will be sent.
Upon arrival at reception, and in accordance with current legislation, the USER must hand over the reservation form or reference number, and all occupants of the accommodation will be identified.
The USER will then sign a rental agreement and pay the remaining 100% of the rent plus a €40.00 cleaning fee and a tourist tax of €1.00 per person per day, up to a maximum of 7 days. (Law 5/2012 of March 20, 2012. D.O.G.C. No. 6094 of March 23, 2012). You can pay by credit card or cash.
The accommodation is clean and comes with all kitchen utensils and appliances, including a microwave, washing machine, and refrigerator. Hand and body soap are provided in the bathroom, along with a hairdryer (sanitary seal). Bath towels and sheets per person are included in the rental price, and another set is provided if the stay is longer than four days.
Check-out:Check-out time is from 8:00 to 10:00. A member of the agency will arrive at the apartment at the agreed time to check the apartment and collect the keys, or will provide instructions on how to leave them if the check-out time is different. At the agreed check-out time, guests must be ready, with their luggage collected, and the apartment in a reasonably clean and tidy condition.
Extra services
It is mandatory to hire the cleaning service for an amount of €40.00 and pay the tourist taxes on the day of arrival at the stay.
If the USER is interested in contracting an additional service, they must do so at the time of booking:
- Parking rental is €5.00/day.
- Pets must be informed when making a reservation.
- Adapted accommodation is available; please request this when booking.
Customer Responsibilities
- The USER agrees to comply with the Community’s regulations. During the rest hours from 10:00 PM to 9:00 AM, the use of the accommodations for parties and noise production is prohibited.
- Under no circumstances is it permitted to occupy the accommodation with more people than the maximum capacity established.
- The use of electricity and water must be rational.
- It is prohibited to hang towels and clothes on balcony railings.
- The USER agrees to respect the pool hours as established by the Community (rules and hours available at the facility)
- It is prohibited to stake objects such as parasols, awnings, etc. into the lawn, as well as to use inflatable mattresses in the pool.
- Children must always be accompanied by their parents and under their responsibility.
- In the event of a serious breach by the USER or their companions of the rules of coexistence or use of the accommodation, the PROVIDER may terminate the contract early and require the immediate departure from the accommodation, without this implying any right to compensation for the USER, and without prejudice to any legal action that the PROVIDER may take.
- PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each reservation include Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, or any other additional services or add-ons to the purchased service.
Los precios aplicables a cada inmueble son los publicados en el sitio web y se expresarán en la moneda EURO. El USUARIO asume que la valoración económica de algunos de los servicios podrá variar en tiempo real. Los precios pueden cambiar diariamente mientras no se realice la reserva.
Every payment made entails the issuance of an invoice, subject to consent (Article 63.3 RD 1/2007) in the name of the registered USER or the company name provided at the time of booking. This invoice will be delivered to the USER upon completion of the rental or payment for the contracted services. If you wish to receive it by email, you must request it through any of the methods made available by the PROVIDER. You may revoke this decision at any time.
For any information regarding the reservation, the USER may contact us through the 24/7 customer service and incident telephone number: +34 648 65 15 26 to assist the customer by phone and/or WhatsApp or via email to the address: info@bemirma.com
- TRANSPORTATION EXPENSES
There are no shipping costs.
- PAYMENT METHODS, FEES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and makes the following payment methods available for an order:
- Cash
- Credit card
Security measures
The website uses industry-accepted information security techniques, such as SSL, secure page entry, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER may obtain data for the purpose of authentication for access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant, or Cardholder(s).
- PURCHASE PROCESS
The website offers a search system based on various parameters to facilitate the selection of accommodations. Reservation types:
- Booking with immediate confirmation: Minimum service price stipulated on the website. You can book online and add any additional services you require.
- Price not available: If the price of the service is not available, the USER will be informed as soon as possible via email or telephone.
Select the check-in and check-out dates, the number of guests (adults and children), and the additional services you’ve chosen, and add them to your cart. Only the selected services, quantity, price, and total amount will be displayed. Once you save your cart, taxes, fees, and discounts will be calculated based on the information you entered.
The baskets have no administrative obligations; they are simply a section where you can simulate a budget without any commitment on either side.
From the basket you can place an order by following the steps below for its correct formalization:
1. – Checking billing data.
2. – Checking your reservation (dates, services, etc.).
3. – Selecting the payment method.
4. – Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order.
Within a maximum of 24 hours, on weekdays, an email will be sent to the USER confirming the status of the reservation, as well as all relevant information, the accommodation’s features, included services, optional services (extras), and the specific conditions of each property.
- DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed unlawful, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, if the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
- WARRANTIES AND RETURNS
The guarantee for the services offered will be governed by the following articles based on Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws:
Compliance of services with the contract
1. Unless proven otherwise, the services will be deemed to be in accordance with the contract provided that they meet all of the requirements set out below, unless due to the circumstances of the case, any of them are not applicable:
a) They conform to the description made by APARTAMENTOS CARU
b) They are suitable for the uses to which services of the same type are ordinarily intended.
c) Be suitable for any special use required by the USER, when this has been made known to the USER at the time of entering into the contract, provided that the USER has accepted that the service is suitable for this use.
d) Present the quality and performance that is typical of a service of the same type that the client can reasonably expect, taking into account the nature of the service and, where applicable, the descriptions of the specific characteristics of the services made by APARTAMENTOS CARU.
2. Any lack of conformity resulting from a service not performed or provided will be considered a lack of conformity with the contract, provided that the responsibility for the same falls on or under the responsibility of the USER. Conversely, when the service not performed or provided is due to negligence or malpractice on the part of the USER, it will not be considered a breach of contract and will be deemed to be in compliance with the terms of the contract.
3. No liability shall apply for any lack of conformity that the USER is aware of or could not have ignored at the time of entering into the contract or that originates from information provided by the USER.
Responsibility of the PROVIDER:
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. The PROVIDER recognizes the USER’s right to have the service repaired, replaced, reduced, and terminated.
Repair and replacement of the hosting service
1. If the hosting service does not comply with the contract, the USER may choose between requesting its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions in cases where repair or replacement fail to bring the service into compliance with the contract.
2. Any form of remedy will be considered disproportionate if it imposes costs that, compared to the other form of remedy, are not reasonable, 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 whether the alternative form of remedy could be carried out without major inconvenience to the USER..
Repair and replacement will be subject to the following rules:
- The USER shall be free of charge for any expenses incurred to remedy any non-conformity in the contracted services.
- They will be carried out within a reasonable timeframe and without major inconvenience to the USER, taking into account the nature of the services and their purpose for the USER.
- If, after the repair is completed and the property is delivered, it still does not comply with the contract, the USER may demand its replacement, a price reduction, or termination of the contract.
- If the replacement fails to bring the property into compliance with the contract, the USER may demand repair of the property, a price reduction, or termination of the contract.
Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the USER’s discretion, when the latter cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER.
The resolution will not proceed when the lack of conformity is of little importance.
Criteria for price reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
Deadlines
Unless proven otherwise, delivery is deemed to have taken place on the day indicated in the reservation.
The USER must inform of any lack of conformity as soon as he or she becomes aware of it or, at the latest, at the end of the stay.
Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.
- APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for herein. Any dispute arising from the interpretation or enforcement of these terms and conditions shall be submitted to the courts and tribunals of the USER’s domicile, in accordance with Spanish law.