Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR CONTRACTING

G.C.1.- Introduction

G.C.2 - Personal data of the User

G.C.3.- Intellectual property

G.C.4.- Subject matter

G.C.5.- Provision of the service and form of provision

G.C.6 - Modification to the terms and conditions

G.C.7.- Liability

G.C.8.- Early termination

G.C.9.- Term and termination

SPECIAL CONDITIONS FOR THE SERVICE: Apartment booking

SC1 - Service description

SC2 - Booking demand acceptance and final confirmation.

SC3 - Price

SC4 - Payments

SC5 - Cancellations by User

SC6 - Cancellations by our Company or Owner or Owner's Agent

SC7 - Apartment change upon Client demand

SC8 - Breakages Deposit

SC9 - Use of accommodation

SC10 - Condition and Maintenance of the Accommodation

SC11 - Behavior rules

SC12 - House rules

SC13 - Term

SC14 - Assignment of the reservation

SC15 - Indemnification

SC16 - Termination

GENERAL TERMS AND CONDITIONS FOR CONTRACTING

GC 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 BARCELONA VACATION RENTALS ONLINE to the purchaser of the service: the User.

The User declares that all of the details and information provided are correct and that he understands and accepts all of the TERMS AND CONDITIONS that are set out hereunder.

GC 2.- PERSONAL DETAILS OF THE USER

The personal data provided by the User are 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-authorised 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 circumstance 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 circumstance shall the personal data collected on the Users be assigned without the express consent of the User.

GC 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 our Company. 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.

Our Company 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 storing the said content, making security copies thereof 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 our Company. Any breach of the foregoing condition shall be grounds for our Company to bring the proceedings that are necessary in defence of its interests.

GC 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 our Company 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 our Company implies acceptance without reservation of the GENERAL TERMS AND CONDITIONS set out hereunder.

GC 5.- PROVISION OF THE SERVICE AND FORM OF PROVISION

The services accessible by the Users on the web page that are offered by our Company. are free of charge and the User 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 hereunder.

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 our Company on the web page of the latter.

GC 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.

GC 7.- LIABILITY

A.- Of the SERVICE PROVIDER:

Our Company shall not be liable for any type of damages that might derive from any of the following:

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.

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.

3.- The lack of veracity, accuracy, exhaustiveness or updated status of the content offered by third parties.

4.- The lack of lawfulness, reliability and usefulness of the content of the services offered by third parties across the said page.

B.- Of the User

The User is the one and only responsible party for his identification to access the service and for the use on his part of the web page and the services; aware of this, the said User voluntarily accepts this liability.

GC 8.- EARLY TERMINATION

Our Company 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 thereof to any Users that fail to comply with the TERMS AND CONDITIONS hereunder.

GC 9.- TERM AND TERMINATION

The provision of the service of the web page has an open-ended term. Notwithstanding the foregoing, our Company 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, our Company. shall give prior notice of the termination or suspension of the provision of the web page service.

SPECIAL CONDITIONS FOR THE SERVICE: Apartment booking

SC1 - SERVICE DESCRIPTION

SC1.1 Our Company advertises lodging proposals from Owners and provides information service to the Users on destination. Our Company is not a real estate agency. According to User lodging criteria (destination, arrival dates, number of nights, amenities, district), our Company websites publish and generate automated lodging.

Proposals from owners. If the user wants is interested in a lodging proposal, he must send a booking demand to our Company which offer the service to confirm the reservation of the lodging proposal. The contact details of the owner and the exact address of the dwelling house will be indicated in the final confirmation.

SC1.2 No endorsement. Barcelona Vacation Rentals is supplied with accommodation information and details in good faith from external third parties. You, the Guest, understand that the images/photographs are supplied to Barcelona Vacation Rentals by the Owner/Owner’s Agents of the accommodation to give a photographic representation of the accommodation at the time the photographs was taken. Therefore any and all images/photographs cannot be endorsed by Barcelona Vacation Rentals. Owners/Owner’s Agents of accommodations, which are listed on our website, agree to provide accurate information, and although Barcelona Vacation Rentals may undertake additional checks of the Owners/Owner’s Agents and accommodation, we do not make any representations about them, confirm, or endorse any Owner’s/Owner’s Agents purported identity or background.

SC2 - BOOKING DEMAND, ACCEPTANCE AND FINAL CONFIRMATION

SC2.1 Our Company uses all its available means to offer accurate on-line availability calendars. However, we cannot guarantee that at the moment we will process your booking request, the lodging proposal will still be valid. Our Company, reserve the right to reject your booking demand and propose alternative solutions, without being responsible of any of the consequences to the User. Whatever booking demand done on the web site, is subject to our Company later agreement. Once received the booking demand from the User, Our Company will transmit it to the Owner for acceptance. It is only after the Owner acceptance, that our Company will charge the Service to the User and send the final confirmation.

SC2.2 Before the final confirmation notice we could generate an Email that informs to the User that we have received their booking demand. This Email is not the Final confirmation notice corresponding to the final acceptance of the booking.

SC2.3 The acceptance of the booking is conditioned by the acceptance from the owner, and the payment of the service by credit card or whatever accepted other means of payment. The User will receive a final confirmation notice by Email, which is the acceptance of the booking demand and the last step of the service of our Company.

SC2.4 Our Company uses all its available means to ensure the lodging proposal booked by the User, after the receipt of a final confirmation notice, is maintained, however the User accepts that unforeseen circumstances or acts of God can occur, Therefore, the User agrees to an upgrade and that they may be placed in a lodging of equal or higher standard, without consequences to the Company. In the unlikely event of the above for circumstance occurring, the User must send a written notice on criteria that cannot be changed (floor, district, etc).

SC3 - PRICE

All displayed prices include V.A.T. unless stated otherwise.

SC3.1 Total price includes expenses for consumption of gas, electricity and water, for lease terms of one month or less.

SC3.2 For lease terms over one month, utilities consumption (gas, electricity and water expenses) shall be separately billed to User, who shall pay them to the Owner according to consumption. For lease shorter than one month, depending on the owner, utilities consumption could be not included. It will be indicated in the lodging proposal how this will be charged by the owner to the User.

SC3.3 Under no circumstances shall Total Price include charges arising from the use of telephone services; said charges shall be separately billed to User, who shall pay telephone bills to the owner.

SC3.4 Price of the booking service is the down-payment indicated in each lodging proposal it has to be paid, and money has to be received by our Company for the User to receive the final confirmation.

SC4 - PAYMENTS

The payment terms are described in each lodging proposal there are split in:

( i) First Payment specified in the Lodging Proposal, as a Reservation payment for the Services of our Company, shall be paid in advance either through bank transfer to the account number of Our Company, or through credit card or from a PayPal account.

Upon receipt by Our Company of above mentioned First Payment, and checking of the availability of the accommodation, our Company shall immediately book the Dwelling House on behalf of User.

( ii ) The other payments specified in the Lodging Proposal, are due to the owner. There are specified in each lodging proposal and confirmation. The payment terms, and means are specified by each Owner.

SC5 - CANCELLATIONS BY USER

SC5.1 In the event that User cancels the aforesaid reservation "in whole or in part" Our Company shall apply the penalties detailed hereunder:

SC5.2 100% (hundred percent) loss of the reservation payment for the Dwelling House, if User cancels reservation less than 60 (sixty) days prior to the Arrival Date specified in the Lodging Proposal.

SC5.3 If the user cancel the reservation more than 60 (sixty) days prior to the arrival date specified in the lodging proposal, our Company will refund the reservation payment minus €200 or 50% (whichever is the greater amount) as an administrative charge plus any PayPal charges incurred.

SC5.4 If in the event the user cancels the reservation, the cancellation policy will apply. Any claim, dispute or chargeback by the user or a third party arising from a cancelled reservation will result in the aforementioned cancellation policy becoming null and void.

SC6 - CANCELLATIONS BY OUR COMPANY OR OWNER OR OWNER'S AGENT

SC6.1 Our Company reserves the right to cancel "in whole or in part" the aforesaid reservation due to acts of the Owner or Owner's Agent or God, with prior written notice to User.

SC6.2 In the event of cancellation by our Company, pursuant to provisions of paragraph herein, our Company shall reimburse to the Guest the reservation payment minus €200 administrative charge plus any PayPal charges incurred. Our Company shall not be liable for any damages, loss of profits, direct or indirect costs arising from such cancellation.

SC7 - APARTMENT CHANGE UPON CLIENT DEMAND

After confirmation of the reservation, if a Client wants to change of apartment, he has to send an Email to the customer service explaining he wants to cancel the first reservation and book a new apartment. Then the Client has to book a new apartment. After confirmation of the new reservation, the first reservation will be cancelled and cancellation fee will apply plus €50 for administrative fee.

SC8 - BREAKAGES DEPOSIT (REFUNDABLE)

SC8.1 The User shall make a breakages deposit of the amount specified in paragraph "Breakages Deposit" of the Lodging Proposal, to guarantee the proper care of the dwelling house premises and of the furniture and fittings therein. This amount shall be given in cash or by credit card imprint, or by bank transfer before arrival. The payment terms and means are specified in each lodging proposal and confirmation. If the dwelling house is left in the same state as it were the day of arrival, the breakages deposit will refunded back to the User. Our Company is not responsible to a dispute arising from a breakages deposit refund. The owner of the accommodation has the right to refuse admittance to guests who do not pay the required breakages deposit.

SC8.2 Under no circumstances shall the breakages deposit be used by User as an excuse for delay in making the payments he/she is obliged to make.

SC9 - USE OF ACCOMMODATION

SC9.1 The accommodation shall be used for individuals and business travellers as a holiday rental, the Accommodation should never be used for commercial activities without prior written acceptance of the User. Therefore, the User declares that he/she is leasing the Accommodation for the purpose of spending his/her holidays, under no circumstances shall the Accommodation leased under the terms of the contract hereof be used on a habitual residential basis

SC10 - CONDITION AND MAINTENANCE OF THE ACCOMMODATION

User shall keep and maintain the premises in good condition throughout the term of this lease, freely agreed upon by the parties hereto, and he/she covenants to pay to the Owner present market prices in case of any damage or loss to said Accommodation, caused either by User or by any other persons living in said Accommodation.

SC11 - BEHAVIOUR RULES

The User signing the rental contract with the owner will be liable for the correct and decent behaviour 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, the Owner shall be entitled to request the User and the persons accompanying him/her to leave the apartment without the right for the later to claim any type of compensation.

SC12 - HOUSE RULES

SC12.1 Please respect your neighbours: they are normal working people who need to get up early and go to work every day. Therefore, please limit your noise level in the stairwells as well as in the apartment.

SC12.2 In case of complaints from the neighbours due to excessive noise or an annoying behaviour from your side (or any people of the group), the owner has the right to make you leave the apartment immediately, without any refund of the amount already paid for the reservation, and the security deposit will be kept by the owner.

SC12.3 Please do not smoke in the apartment.

SC12.4 Ecology, energy savings.

Help saving energy: if you leave the apartment for a while, please make sure that all lights are turned off as well as the air-conditioning and heating put at minimum or switched off.

SC13 - TERM

These general and Specific conditions shall be effective and accepted on-line as from the date of the first booking request.

SC14 - ASSIGNMENT OF THE RESERVATION

The reservation hereof is on behalf of User, and shall therefore be non-transferable, either in whole or in part, to any other person.

SC15 - INDEMNIFICATION

User holds Our Company 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.

SC16 - TERMINATION

In the event of early termination of the Contract hereof by User, with no breach on our Company's part, User shall have no right to any reimbursement of Price or of any other expenses paid.