General terms and conditions of contract

E-COMMERCE (ACCOMMODATION BOOKINGS)

General terms and conditions of contract

This contractual document will govern the contracting of products and services through the website www.apartamentosislantilla.es, owned by PURPAHISA, S.L., hereinafter ISLANTUR. Acceptance of this document implies that the USER:

• Has read, understands and comprehends what is set out herein.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations set out herein.

These conditions shall have an indefinite period of validity and shall apply to all contracts made through the ISLANTUR website. ISLANTUR advises that the business is responsible and is aware of 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 PURPAHISA, S.L., with registered office at Calle Callejón del Ángel, Edif. Cristina, – 3 A 18006 Granada (Granada), Tax ID No. B18356519 and with customer / USER telephone number 959 486 093. And on the other hand, the USER, registered on the website with a username and password, for which they have full responsibility for use and custody, and is responsible for the truthfulness of the personal data provided to ISLANTUR.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship between ISLANTUR and the USER at the time the USER accepts, during the online contracting process, the rental of properties for temporary accommodation. The contractual relationship of accommodation booking entails the rental of the chosen property, for a limited time, in exchange for a specific price publicly displayed through the website. Extra services must be contracted at the time of making the booking.

Contracting procedure

The USER, in order to access the services or products offered by ISLANTUR, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed 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 username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform ISLANTUR of their loss or theft or possible access by an unauthorised third party, so that ISLANTUR can proceed to 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 Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Booking and payment process.
3. Cancellations.
4. Complaints.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Purchase process.
10. Applicable guarantees.
11. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with ISLANTUR shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of ISLANTUR unless previously and expressly accepted in writing by ISLANTUR.

2. BOOKING AND PAYMENT PROCESS

Our automatic availability and price calculation system will allow you to choose the apartment or house you are interested in and immediately make the online payment of 100% of the rental price or, alternatively, you can make a bank transfer within a maximum period of 48 hours. If such transfer cannot be made within that period, your booking will be automatically cancelled. Any expenses arising from this payment method shall be borne by the USER.

• Booking confirmation: Once the 100% payment has been made, the booking will be confirmed instantly and you will immediately receive an email with all the details (apartment address, contact person details, dates, etc.).
• Online payment security: ISLANTUR undertakes to protect USER data to the fullest and does not have access to nor can it ever see the credit card number you enter in the form; this information is encrypted and will be visible exclusively to the bank.

Deposits

ISLANTUR secures a deposit of 100 euros via credit card.

Check-in and check-out

• Apartment check-in: from 5:00 PM to 9:00 PM. Check with reception for check-in outside these hours.
• Apartment check-out: before 11:00 AM.
• For arrivals from 9:00 PM to midnight, there will be an additional cost of €60.00.
• Arrivals after midnight are not accepted; after that time you will not be able to enter your accommodation until 8:00 AM the following day.

Upon your arrival at our agency and in accordance with current legislation, you must provide us with the booking form and we will proceed to identify all occupants of the accommodation. The accommodation is delivered clean and with all utensils and kitchenware. Bath towels and sheets per person are included in the rental price. At the agreed check-out time of the accommodation, tenants must be ready with their suitcases packed and the apartment tidy and clean. You must return the accommodation in the same condition as you found it upon arrival.

Extra services

In accordance with Article 19.2 of Decree 143/2014 of 21 October (Boja No. 220 of 11/11/2014), we make the following complementary services available to our customers:

• Pillow Menu: Pillow deposit €20.00
• Tablet loan for 24 hours: Deposit of €100.00
• Cot: Cot rental is €60.00
• Baby chair: Baby chair rental is €45.00
• Folding bed: Extra bed rental is €70.00

Pets are allowed in some accommodations; if you have a pet, you must inform ISLANTUR at the time of booking for authorisation. Regulations for use are available at the establishment’s reception.

Customer responsibilities

• The customer undertakes to respect the regulations of the Community. During rest hours from 10:00 PM to 9:00 AM, it is not permitted to use the accommodation for party celebrations, nor to make noise. Under no circumstances is it permitted to occupy the accommodation with more people than those established as maximum capacity.
• The use of electricity and water must be rational. When the air conditioning is on, remember to keep doors and windows closed.
• It is forbidden to hang towels or clothes on balcony railings.
• Swimming pool hours are set by each Community and are generally from 10:00 AM to 9:00 PM. It is forbidden to insert objects such as parasols, awnings, etc. into the grass, as well as to use inflatable mattresses inside the pool.
• Children must always be accompanied by their parents and remain under their responsibility.
• The contract holder is responsible for the proper behaviour of all their occupants; otherwise, ISLANTUR reserves the right to evict the occupants from the accommodation, without the right to any future claims or any kind of compensation.
• Neither ISLANTUR nor the owner shall be liable for any direct or indirect damage that may occur as a result of misuse of the accommodation, including without limitation: breakage, losses due to fire, theft, crime, accidents or other types of damage.

3. CANCELLATIONS (RIGHT OF WITHDRAWAL)

ISLANTUR will only accept booking cancellations in writing by email:

• If the booking is cancelled more than 10 days prior to the arrival date, ISLANTUR will refund the customer 100% of their booking.
• If the booking is cancelled within 10 days prior to the arrival date, the total amount of the booking will not be refunded to the customer (100%).

4. COMPLAINTS

Our goal is for our customers to have a pleasant stay. If any fault occurs in the facilities or electrical appliances during the rental period, you must notify ISLANTUR immediately to resolve these incidents as soon as possible. In the event of force majeure (water damage, fire, etc.), ISLANTUR will replace the booked accommodation with another of the same characteristics. If no accommodation is available, ISLANTUR will refund the total amount paid.

• ISLANTUR: Calle Callejón del Ángel, Edif. Cristina, – 3 A 18006 Granada
• Telephone: 959 486 093
• Email: reservas@islantur.es

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 ISLANTUR, without the need to resort to the courts, through the intervention of a third party, called a 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, being able to finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the force majeure event.

6. JURISDICTION

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 shall not be affected in any way, nor shall they be modified in any way. The USER declares that they have read, know and accept these General Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by ISLANTUR shall be understood to be subject to these General Conditions. No modification, alteration or agreement contrary to the ISLANTUR Commercial Proposal or stipulated herein shall have effect, except by express written agreement signed by ISLANTUR, in which case these particular agreements shall prevail. Given the continuous technical advances and product improvements, ISLANTUR reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supply of the products offered is affected.

8. PRICE AND PERIOD 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. Prices may change daily until the booking is made. Any payment made to ISLANTUR implies the issuance of an invoice in the name of the registered USER or the company name that they have provided at the time of making the booking. 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 regarding the booking, the USER may contact ISLANTUR via the customer service telephone number 959 486 093 or by email to reservas@islantur.es.

9. PURCHASE PROCESS

Property search

Our website has a search system using various parameters to make it easier for you to choose your accommodation.

Types of bookings:

• Booking with immediate confirmation: Minimum price of the service as stipulated on the website. The booking can be made online.
• Price not available: In the event that the price of the service is not available, the USER will be informed as soon as possible by email or telephone.

Booking (purchase request)

From the Online Booking section, you can view the description and characteristics of the accommodation, the included services, optional services (extras) and the specific conditions of each property. The final price will be calculated according to the selected check-in and check-out dates, the number of guests (adults and children) and the chosen extra services.

10. GUARANTEES AND REFUNDS

The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Conformity of services with the contract

Unless proven otherwise, services shall be deemed to be in conformity with the contract provided they meet all the requirements set out below, unless due to the circumstances of the case, any of them is not applicable:

1. They conform to the description given by ISLANTUR.
2. They are fit for the purposes for which services of the same type are ordinarily intended.
3. They are fit for any special use required by the customer, where the customer made it known to ISLANTUR at the time of conclusion of the contract, provided that ISLANTUR has accepted that the service is fit for that use.
4. They have the quality and performance usual in a service of the same type which the customer may reasonably expect, given the nature of the service and, where applicable, the descriptions of the specific characteristics of the services made by ISLANTUR.
5. ISLANTUR describes the details, technical characteristics and photographs of the properties provided by the owners thereof, and is therefore not bound by these public statements.

The lack of conformity resulting from a service not performed or provided shall be equated with lack of conformity of the contract, provided that the responsibility for the service lies with ISLANTUR or under its responsibility; on the contrary, when the service not performed or provided is due to negligence or bad practice on the part of the USER, it shall not be considered any fault of ISLANTUR and shall be considered in accordance with the terms of the contract. Liability for lack of conformity that the USER knew or could not have been unaware of at the time of conclusion of the contract, or that originates from information supplied by the USER, shall not apply.

Responsibility of ISLANTUR

ISLANTUR shall be liable to the USER for any lack of conformity existing at the time of delivery of the accommodation. ISLANTUR acknowledges the USER’s right to repair of the service, its replacement, price reduction and termination of the contract.

Repair and replacement of products

If the service is not in conformity with the contract, the USER may choose between demanding its repair or its replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option to ISLANTUR, both parties shall abide by it. This decision of the USER is understood without prejudice to the provisions in cases where repair or replacement fail to bring the service into conformity with the contract. Any form of redress that imposes costs on ISLANTUR which, in comparison with the other form of redress, are unreasonable, shall be considered disproportionate, 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 redress could be carried out without major inconvenience to the USER.

Rules for repair or replacement of the product

Repair and replacement shall comply with the following rules:

• They shall be free of charge for the USER in respect of necessary expenses incurred to remedy the lack of conformity of the contracted services.
• They shall be carried out within a reasonable time and without significant inconvenience to the USER, taking into account the nature of the services and the purpose they had for the USER.
• If, upon completion of the repair and delivery of the property, it remains non-conforming with the contract, the USER may demand its replacement, a price reduction or termination of the contract.
• If replacement fails to bring the property into conformity with the contract, the USER may demand its repair, a price reduction or termination of the contract.

Price reduction and termination of the contract

The price reduction and termination of the contract shall apply, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. Termination shall not apply where the lack of conformity is of minor importance.

Criteria for price reduction

The price reduction shall be proportional to the difference between the value that the service would have had at the time of delivery had it been in conformity with the contract and the value that the service actually delivered had at the time of delivery.

Time limits

Unless proven otherwise, delivery is understood to have taken place on the date shown on the booking. The USER must inform ISLANTUR of the lack of conformity at the time they become aware of it, or at the latest at the end of the stay. Unless proven otherwise, it shall be understood that the USER’s communication has taken place within the established period.

11. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish legislation insofar as not expressly established. ISLANTUR and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals nearest to Granada.