GENERAL CONDITIONS OF CONTRACT AND CANCELLATION
This contractual document will govern the contracting of products and services through the website http://www.lapalmerabcn.com/, owned by DORM & DREAM BARCELONA, S.L., hereinafter DORM & DREAM BARCELONA, S.L.
The acceptance of this document implies that the USER:
– He has read, understands and comprehends what is stated here.
– He is a person with sufficient capacity to contract.
– He assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website of DORM & DREAM BARCELONA, S.L.
DORM & DREAM BARCELONA, S.L. informs that the merchant 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 prior to the modification.
Identity of the contracting parties
On the one hand, the provider of the services contracted by the USER is DORM & DREAM BARCELONA, S.L., with registered office at CL JERUSALEM, 30 – 1º 08001 BARCELONA (Barcelona), NIF B65761025 and with customer service telephone number / USER 618769457.And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to DORM & DREAM BARCELONA, S.L..
Object of the contract
The purpose of this contract is to regulate the contractual relationship between DORM & DREAM BARCELONA, S.L. and the USER at the moment in which he accepts, during the online contracting process, the rental of real estate for temporary accommodation.The contractual relationship of accommodation reservation entails 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.
Recruitment procedure
The USER, in order to access the services or products offered by DORM & DREAM BARCELONA, S.L., must register through the website 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 April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.The USER will select a username and password, agreeing to make diligent use of them and not make them available to third parties, as well as to inform DORM & DREAM BARCELONA, S.L. of the loss or theft of the same or of possible access by an unauthorized third party, so that it proceeds to the immediate blocking.Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
GENERAL CONTRACT CLAUSES
Unless specifically stipulated in writing, placing an order with DORM & DREAM BARCELONA, S.L. will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of DORM & DREAM BARCELONA, S.L. if it has not been expressly accepted in advance and in writing by DORM & DREAM BARCELONA, S.L.
2. RESERVATION AND PAYMENT PROCESS
Our automatic system for calculating availability and prices will allow you to choose the type of room that interests you and make the reservation you choose by paying online after paying the amount corresponding to 50% of your stay.
Dorm & Dream Barcelona S.L. will be sent to the email provided by the USER.
Confirmation of the reservation: Once the corresponding payment has been made, the reservation will be confirmed instantly and you will immediately receive an email with all the details (address of the establishment, contact information, dates, etc.)
Online payment security: DORM & DREAM BARCELONA, S.L. undertakes to protect the data of the USERS to the maximum and does not have access or can see at any time the credit card number that you enter in the form, this information is encrypted and will be visible exclusively to the bank.
Entrances and exits
The entrances and exits of our accommodations are made daily.
Tickets: The check-in time for guests is from 2:00 p.m. to 8:00 a.m. the next day at our establishment located at C/ JERUSALEM, 30 – 1º 08001 BARCELONA (Barcelona).
Before 14:00 your accommodation will not be available. If you arrive earlier, contact us, as you can leave your bags at the premises for free.
Upon arrival at the establishment and in accordance with current legislation, you must give us the reservation form and we will proceed to identify all the occupants of the contracted rooms.
Next, the holder of the reservation will pay the rest of his stay if there is any outstanding amount and the tourist tax of €3.03 per person and day of his stay and person over 16 years of age, with a maximum of 7 days. (Law 5/2012 of 3/20/12. D.O.G.C. No. 6094 of 03/23/12). You can pay by credit/debit card or cash in the currency of the country of the establishment (€). (Municipal rate subject to variation)
Departures: Guests must leave the room until a maximum of 11:00 AM, being able to check out earlier if they wish, returning the room keys and paying pending charges at reception.
If you have to leave your suitcases or luggage in storage, it can be done free of charge until 00:00 on the same day and only for clients of the establishment.
Special conditions
Children over 8 years of age can be accommodated as long as they are accompanied by their parents or a legal guardian as long as they have an official identity document for their registration.
Cots cannot be added in this accommodation nor can extra beds be added except at the express request of the client and ACCEPTANCE of the establishment.
Pets are not allowed in the establishment.
Client Responsibilities
The client undertakes to respect the regulations of the establishment. During the rest hours from 10:00 p.m. to 9:00 a.m., it is not allowed to use the accommodation for the purpose of celebrating parties, or making noise. In no case is it allowed to occupy the accommodation by more people than those established at its maximum capacity.
The use of electricity and water must be rational. When the air conditioner is open, don't forget to close doors and windows.
It is forbidden to hang towels and clothes on the balcony railings.
Children must always be accompanied by their parents and under their responsibility.
The person who owns the contract is responsible for the correct behavior of all its occupants, otherwise DORM & DREAM BARCELONA, S.L. reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.
Neither DORM & DREAM BARCELONA, S.L., nor the owner will be responsible for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including without limitation: damage, losses after fires, theft, crime, accidents or other types Of Damage.
CANCELLATIONS (RIGHT OF WITHDRAWAL)
DORM & DREAM BARCELONA, S.L. will only accept reservation cancellations in writing by e-mail to: [email protected] – STANDARD RATE: If the reservation is canceled before the 5 days prior to the arrival date, DORM & DREAM BARCELONA, S.L. will return to the client 100% of the first night of his reservation (or total amount paid by the client). – If the reservation is canceled after 5 days prior to the arrival date, the total amount corresponding to the first night will not be refunded to the client (100% of the first night). – SPECIAL RATES: in case of cancellation, no amount paid by the client will be refunded, either the first night or the total amount of the reservation, according to its conditions. CLAIMS Our goal is for our customers to have a pleasant stay. If during the period of
your stay there is a breakdown in the installations or electrical devices, you must immediately notify DORM & DREAM BARCELONA, S.L. to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.), DORM & DREAM BARCELONA, S.L. will replace the reserved accommodation with another with the same characteristics. In the event that accommodation is not available, DORM & DREAM BARCELONA, S.L. will reimburse you for the total days pending for accommodation.
DORM & DREAM BARCELONA, S.L.
CL JERUSALEM, 30 – 1º 08001 BARCELONA (Barcelona)
Telephone: (+34) 93 667 02 48
Email: [email protected]
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 conflicts between the USER and DORM & DREAM BARCELONA, S.L., without the need to resort to the courts of justice, 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, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
FORCE MAJEURE
The parties will not incur responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
7. GENERAL INFORMATION ON THE OFFER
All sales and deliveries made by DORM & DREAM BARCELONA, S.L. shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of DORM & DREAM BARCELONA, S.L. or stipulated herein will take effect, unless expressly agreed in writing signed by DORM & DREAM BARCELONA, S.L., in this case, these particular agreements will prevail.
Given the continuous technical advances and product improvements, DORM & DREAM BARCELONA, S.L. reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
PRICE AND VALIDITY TERM OF THE OFFER
The prices indicated for each room include Value Added Tax (VAT) with the exception of other taxes that may be applicable (tourist tax) and will be expressed in EURO currency.
The prices applicable to each room are those published on the website. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily as long as the reservation is not made.
All payments made to DORM & DREAM BARCELONA, S.L. entails the issuance of an invoice in the name of the registered USER or the company name that he has informed at the time of making the reservation. This invoice will be delivered to the USER at the time of completion of the rental and payment of all contracted services.
For any information about the reservation, the USER may contact DORM & DREAM BARCELONA, S.L. 618769457 or via email to [email protected].
PURCHASING PROCESS
room search
Our website has a search system for different parameters to make it easier for you to choose your accommodation. Types of reservations:
Confirmed reservation with payment of the first night: Minimum price of the service stipulated on the web. The reservation can be made by paying the first night.
Confirmed reservation with full payment of the stay: Minimum price of the service stipulated on the web.
You can make the reservation by paying the total amount of your stay.
Reservation (purchase request)
From the Online Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each room.
The final price will be calculated according to the selected entry and exit dates and the people staying (adults and children).
GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, on Guarantees for the sale of consumer goods and services:
Conformity of the services with the contract
Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they meet all the requirements that are expressed below, unless due to the circumstances of the case, any of them is not applicable:
a) They conform to the description made by DORM & DREAM BARCELONA, S.L.
b) Are suitable for the uses to which services of the same type are ordinarily intended.
c) They are suitable for any special use required by the client, when it has been made known to DORM & DREAM BARCELONA, S.L. at the time of entering into the contract, provided that the latter has accepted that the service is suitable for this use.
d) Present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by DORM & DREAM BARCELONA , S.L.
e) DORM & DREAM BARCELONA, S.L. describes the details, technical characteristics and photographs of the properties provided by their owners, so that it is not bound by these public statements.
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 DORM & DREAM BARCELONA, S.L. or under his responsibility; On the contrary, when the service not performed or provided is due to negligence or bad practice of the USER, it will not be considered any fault of DORM & DREAM BARCELONA, S.L. and will be considered in accordance with the terms of the contract.
There will be no liability for lack of conformity that the USER knows or could not ignore at the time of signing the contract or that originates from information provided by the USER.
Responsibility of DORM & DREAM BARCELONA, S.L.
DORM & DREAM BARCELONA, S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. DORM & DREAM BARCELONA, S.L. recognizes the USER the right to repair the service, to replace it and to terminate the contract.
Repair and replacement of products
If the service is not in accordance with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs DORM & DREAM BARCELONA, S.L. the option chosen, both parties must abide by. This decision of the USER is understood without prejudice to the provisions in the cases in which the repair or replacement fails to bring the service into conformity with the contract.
Any form of reorganization that imposes DORM & DREAM BARCELONA, S.L. costs that, compared to the other form of remedy, are unreasonable, taking into account the value that the service would have if there were no non-conformity, the relevance of the non-conformity and whether the alternative form of remedy could be performed without major inconvenience for the USER.
Rules of repair or replacement of the product
Repair and replacement will conform to the following rules:
The necessary expenses incurred to correct the lack of conformity of the contracted services will be free for the USER.
They will be carried out within a reasonable time and without major inconvenience for the USER, taking into account the nature of the services and the purpose they had for the USER.
If the repair is completed and the property is delivered, it is still not in accordance with the contract, the USER may demand its replacement, the price reduction or the termination of the contract.
If the substitution fails to bring the property into conformity with the contract, the USER may demand its repair, the price reduction or the termination of the contract.
Deadlines
Unless proven otherwise, delivery is understood to have been made on the day that appears on the reservation.
The USER must inform DORM & DREAM BARCELONA, S.L. of the lack of conformity at the moment in which it has been realized 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 conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. DORM & DREAM BARCELONA, 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 BARCELONA.
In the event that the USER is domiciled outside of Spain, DORM & DREAM BARCELONA, S.L. and the USER expressly waive any other forum, submitting to the Spanish jurisdiction established in the previous paragraph.