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This contractual document shall govern the booking of accommodation through the aspasios.com website, owned by ASPASION SHORT RENTALS, S.L., under the commercial brand of ASPASIOS, hereinafter ASPASIOS, whose contact details also appear in the Legal Notice of this website. These Terms and Conditions shall remain published on the website at the disposal of the CUSTOMER for reproduction and storage as confirmation of the contract, and may be modified at any time by ASPASIOS. It is the responsibility of the CUSTOMER to read them regularly, as the terms and conditions in force at the time of placing the order shall be applicable. Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the CUSTOMER:
These terms and conditions shall be valid for an indefinite period and shall be applicable to all bookings made through the ASPASIOS website.
ASPASIOS informs that the business 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 terms and conditions, without affecting the goods or promotions that were booked prior to the modification.
Identity of the Contracting Parties
On the one hand, ASPASIOS of the accommodation booking service booked by the CUSTOMER is ASPASION SHORT RENTALS, S.L., with registered office at C/ RONDA SANT PERE 39 3º2ª - 08010 BARCELONA, NIF B63735203 and customer service telephone number +34 93 304 14 48.
And on the other hand, the CUSTOMER, registered on the website through its online registration, over which it has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to ASPASIOS.
Purpose of the Contract
The purpose of this contract is to regulate the contractual relationship between ASPASIOS and the CUSTOMER when the CUSTOMER accepts to rent properties for temporary accommodation during the online booking process.
The contractual relationship for booking accommodation entails the rental of the chosen property, for a limited period of time, in exchange for a specific price, which is publicly displayed on the website. Extra services must be purchased at the time of booking.
These are our general terms and conditions applicable to all bookings. However, if there are any exceptions, they shall be indicated in the apartment description. The booking terms and conditions depend on the rate selected in the booking process. These terms and conditions shall govern the relationship between Aspasios, owner of this website and provider of the services offered therein, and the persons who contract them (hereinafter, the CUSTOMER).
Contract Procedure
The CUSTOMER, in order to access the services or products offered by ASPASIOS, must be of legal age and register through the website. Therefore, the CUSTOMER must freely and voluntarily provide the personal data that shall be required, which shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.
Once registered, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the booking procedure shall follow the following steps:
1. General Terms and Conditions.
2. Terms of Payment
3. All Inclusive
4. Cleaning
5. Number of Guests
6. Cancellation and Changes to Bookings
7. Responsibility
8. Other Terms and Conditions
9. Complaints and Online Dispute Resolution
10.Force Majeure and Competence
11. Price and Validity Period of the Offer and Payment Methods
12. Privacy Policy
13. Applicable Law and Jurisdiction.
1. General Terms and Conditions
Unless otherwise stipulated in writing, making a reservation with the PROVIDER implies the acceptance by the CUSTOMER of these legal terms and conditions. No stipulation made by the CUSTOMER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. Terms of Payment
Outstanding balance. The outstanding amount is to be paid together with the deposit, in cash or by credit card, on arrival at the apartment.
Refundable deposit. To cover possible damages to the apartment, the customer must pay a deposit on arrival by credit card. This deposit usually amounts to €100, although in some apartments it can be up to €400.
This amount shall be refunded at the end of their stay, provided that all conditions are met. It must be refunded by credit card. If, exceptionally, the deposit has been paid in cash, the refund shall be made by transfer and the costs shall be borne by the customer.
The deposit shall be withheld, in whole or in part, if damage to the apartment caused by the customer during their stay is found. A surcharge of €75 shall also be applied if the apartment is not returned in a reasonably clean and tidy condition (e.g. furniture moved, kitchen dirty, accumulation of rubbish).
3. All Inclusive
The booking amount includes VAT (10%), weekly cleaning (if the customer's stay is longer than 7 nights), end-of-stay cleaning as well as water, energy and telecommunications supplies.
However, the following is not included:
• Additional services that the customer may purchase.
• Check-in to the apartment before the usual time (3pm or 4pm depending on the selected apartment) and check-out after the cut-off time (11am or 12pm depending on the selected apartment), as indicated in Condition (4).
4. Cleaning
The booking price includes an end-of-stay cleaning service. If the customer's stay is longer than 7 nights, regular cleaning shall also be carried out, including a change of sheets and towels. Despite the existence of this service, the customer is responsible for cleaning the apartment, removing the waste generated and returning it in a reasonably clean and tidy condition.
5. Number of Guests
Accommodating more guests in the booked apartment than the number stated in the booking (except for children under 2 years of age) is not permitted, unless expressly authorised by Aspasios apartments and after the price increase is paid.
6. Cancellation and Changes to Bookings
The customer can select the rate that best suits their needs:
Free cancellation fee: If you cancel your booking up to 48 hours before the arrival date, there shall be no additional charge. Any cancellation made less than 48 hours in advance or in case of no-show shall result in your credit card being charged 100% of the total price of the stay.
Non-refundable: Payment is made at the time of booking by credit card. This rate does not allow changes or cancellations.
Unforeseen circumstances: In case of force majeure or unforeseen circumstances (such as unplanned alterations to the building, flooding, etc.) Aspasios Apartments may assign the customer a different apartment to the one booked, as long as it has similar characteristics. If you do not agree with the assigned apartment, you may cancel your booking and receive a refund of the amount you have paid, except for the rental period you have already used. In such cases, Aspasios Apartments accepts no liability whatsoever
The guarantee of the services offered shall respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Consumer and User Protection Act and other complementary laws:
Conformity of services with the contract
1. In the absence of proof to the contrary, the services shall be deemed to be in accordance with the contract provided that they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:
a) They comply with the description given by ASPASIOS.
b) Are suitable for the uses to which services of the same type are normally assigned.
c) Are suitable for any special use required by the CUSTOMER, when the CUSTOMER has informed ASPASIOS at the time of the conclusion of the contract, provided that ASPASIOS has admitted that the service is suitable for this use.
d) They are of a standard quality and performance of a service of the same type which the customer 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 ASPASIOS.
e) ASPASIOS describes the details, technical features and photographs of the properties provided by the property owners and is not bound by these public statements.
2. The lack of conformity resulting from a service not performed or rendered shall be equated to the lack of conformity of the contract, provided that the responsibility for the same lies with ASPASIOS or under its responsibility. On the contrary, when the service not performed or rendered is due to negligence or malpractice of the CUSTOMER, it shall not be considered a fault of ASPASIOS and shall be considered in accordance with the terms of the contract.
3. No liability shall be incurred for any lack of conformity of which the CUSTOMER is aware or could not have been unaware at the time of conclusion of the contract or which originates from information supplied by the CUSTOMER.
Responsibility of ASPASIOS
The PROVIDER shall be liable to the CUSTOMER for any lack of conformity at the time of delivery of the accommodation. ASPASIOS recognises the right of the CUSTOMER to repair the service, to its replacement, to a price reduction and to the termination of the contract.
Repair and Replacement of Accommodation Service
1. If the hosting service does not comply with the contract, the CUSTOMER may choose between demanding repair or replacement, unless one of these options proves impossible or disproportionate. From the moment the CUSTOMER informs ASPASIOS of the option chosen, both parties shall abide by it. This decision by the CUSTOMER 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 involves unreasonable costs for ASPASIOS in comparison with the alternative form of remedy, taking into account the value that the service would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the CUSTOMER, shall be considered disproportionate.
Repair and replacement shall comply with the following rules:
- The necessary expenses incurred to remedy the lack of conformity of the contracted services shall be free of charge for the CUSTOMER.
- They shall be carried out within a reasonable period and without major inconvenience to the CUSTOMER, taking into account the nature of the services and the purpose for which they were provided to the CUSTOMER.
- If, once the repair has been completed and the property has been delivered, it is still not in conformity with the contract, the CUSTOMER may demand its replacement, a price reduction or termination of the contract.
- If the replacement fails to bring the property into conformity with the contract, the CUSTOMER may demand the repair of the property, a price reduction or termination of the contract.
Price Reduction and Termination of the Contract
The price reduction and termination of the contract shall proceed, at the CUSTOMER's discretion, when the CUSTOMER cannot demand the repair or replacement of the service and in cases where this has not been carried out within a reasonable period or without major inconvenience to the CUSTOMER. The termination shall not apply where the non-conformity is minor.
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 if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
Time Frames
Unless proven otherwise, it shall be deemed as delivered on the day stated on the booking. The CUSTOMER shall inform ASPASIOS of the non-conformity as soon as they become aware of it or, at the latest, at the end of the stay. In the absence of proof to the contrary, it shall be understood that the CUSTOMER's communication has taken place within the established period.
7. Responsibility
Use of the apartment. By making a booking on this website, the customer and their companions agree to make proper use of the rented apartment, in any case exempting Aspasios Apartments from any liability for any damage that may be caused by this use.
Valuables. Aspasios Apartments is not responsible for valuables that the customer brings and/or stores in the apartment. All apartments have a safe.
Damage caused. The customer shall be liable for damage to the apartment, except for normal wear and tear caused by daily use of the apartment. If the customer loses the keys, they must pay for the cost of making copies and/or changing the lock.
8. Other Terms and Conditions
Pets. Pets are not allowed in the apartments.
No smoking. Smoking is not allowed in the apartments, except on balconies, terraces, patios and gardens. Failure to comply with this rule shall result in a fine of up to 200 euros to cover the cost of cleaning upholstery, curtains and bedding.
"Rules specific to each apartment. The house rules are handed out on arrival and set out guidelines relating to aspects of the day-to-day running of the apartment (e.g. keeping quiet at certain times, putting rubbish away, etc.). It is obvious that these rules, which are often common sense and facilitate coexistence with other neighbours, must be respected. It is important to respect neighbours' rest, so we ask our guests not to carry out noisy activities, especially between 10pm and 8am. It is also important to avoid all actions that may disturb neighbours, such as loud music, noise, etc. Parties and people entering who are not staying in the apartment are not permitted in order to respect neighbours' rest. Good use must be made of the common areas or common elements of the building where the tourist accommodation is located, as well as to behave civically both in the tourist accommodation and in the building in which it is located.
Non-compliance. Serious and/or repeated non-compliance by the customer of the above conditions shall give Aspasios Apartments the right to demand the immediate abandonment of the apartment, without any compensation whatsoever.
Acceptance. Booking an apartment with Aspasios implies the acceptance of these general conditions, as well as the jurisdiction and competence of the courts of the CLIENT's domicile. In the event that the CLIENT is domiciled outside Spain, the PROVIDER and the CLIENT expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause 9. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.
Check-in. Check-in to our apartments is from 3pm onwards. If you wish to enter the apartment earlier, please let us know in order to arrange an early check-in, if possible.
Check-out. The apartments must be vacated for cleaning by 11am at the latest. If you wish to leave the apartment between 11am and 6pm, please let us know in order to organise it, if possible.
9. Complaints and Online Dispute Resolution
Any complaint that the CUSTOMER considers appropriate shall be dealt with as soon as possible, and can be made by contacting the following addresses:
ASPASIOS
C/ RONDA SANT PERE 39 3º2ª - 08010 BARCELONA
Telephone: +34 93 304 14 48
E-mail: info@aspasios.com
If during the rental period there is any fault in the installations or electrical appliances, the CUSTOMER must immediately notify the PROVIDER in order to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.), the PROVIDER shall replace the booked accommodation with another of the same characteristics. In the event of unavailability of accommodation, the PROVIDER shall reimburse the total amount paid.
Online Dispute Resolution
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the CUSTOMER and ASPASIOS, without recourse to the courts of law, 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 shall dialogue with both parties in order 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/
10. Force Majeure and Competence
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the case of force majeure has ceased. The CUSTOMER may not assign, transfer or transfer the rights, responsibilities and obligations contracted. If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way. The CUSTOMER acknowledges that they have read, understand and accept these General Terms and Conditions in their entirety.
11. Price and Validity Period of the Offer and Payment Methods
The prices indicated for each booking include Value Added Tax (VAT). These prices do not include tourist taxes or any other additional services and annexes to the service purchased. The prices applicable to each property are those published on the website and are expressed in EUROS. The CUSTOMER assumes that the economic valuation of some of the services may vary in real time. Prices are subject to change on a daily basis until the booking is made.
Any payment made to ASPASIOS shall entail the issue of an invoice under consent (Article 63.3 RD 1/2007) in the name of the registered CUSTOMER or of the company name that the CUSTOMER has informed when placing the order. This invoice shall be delivered to the CUSTOMER when the rental is completed and payment for the contracted services is made. You shall be able to download the invoice in PDF format by accessing the web management panel with the CUSTOMER account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any booking information, the CUSTOMER can contact ASPASIOS customer service telephone +34 93 304 14 48 or via e-mail at the following address info@aspasios.com.
ASPASIOS is responsible for the financial transactions and offers the following ways to pay for the booking: Credit card.
Security Measures
The website uses industry standard information security techniques such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms to prevent unauthorised access to data. For these purposes, the CUSTOMER agrees that ASPASIOS may obtain data for the purpose of authentication of access controls.
ASPASIOS agrees not to allow any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programmes: 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 of the card(s).
12. Privacy Policy
ASPASION SHORT RENTALS, S.L., hereinafter DATA CONTROLLER, is responsible for processing the User's personal data and informs you that this data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, for which reason you are provided with the following processing information:
Purpose of processing: to maintain a commercial relationship with the User. The processing operations envisaged are:
• Send commercial advertising communications by e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enable commercial communications to be made. These communications shall be made by DATA CONTROLLER and shall be related to its products and services, or those of its collaborators or suppliers with whom it has reached a promotional agreement. In this case, third parties shall never have access to personal data.
• Process orders, requests or any type of request made by the user through any of the contact methods made available to them.
• Send the website newsletter.
Data retention criteria: data shall be kept for as long as there is a mutual interest in maintaining the processing purpose and when no longer necessary for that purpose, data shall be deleted with appropriate security measures to ensure the pseudonymisation of the data or the complete destruction of the data.
Data communication: The data shall not be communicated to third parties, unless legally obliged to do so.
User Rights:
• Right to withdraw consent at any time.
• Right to access, rectify, delete and request portability of your data and to limit or oppose its processing.
• Right to file a complaint with the supervisory authority (agpd.es) if you believe that the processing does not comply with the regulations in force.
Contact details for exercising your rights:
Postal address: ASPASION SHORT RENTALS, S.L. Ronda Sant Pere, 39 3 2 08010 Barcelona (BARCELONA). Email: info@aspasios.com
MANDATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER
By ticking the corresponding boxes and entering data in the fields marked with an asterisk (*) in the contact form or submitted in download forms, Users expressly and freely and unequivocally accept that their data is necessary for the provider to deal with their request, with the inclusion of data in the remaining fields being voluntary. The User guarantees that the personal data provided to the CONTROLLER are truthful and is responsible for communicating any changes to them. The CONTROLLER expressly informs and guarantees users that their personal data shall not be transferred to third parties under any circumstances, and that whenever any type of personal data is transferred, express, informed and unequivocal consent shall be requested from users beforehand. All data requested through the website are mandatory, as they are necessary to provide an optimal service to the User. In the event that not all data is provided, there is no guarantee that the information and services provided shall be completely tailored to your needs.
CONSENT TO THIRD-PARTY ONLINE CHECK-INS.
The CUSTOMER acknowledges that they have the consent of the third party to make any booking on their behalf through ASPASIOS' online check-in services. The Customer shall be solely responsible for obtaining this consent and for providing accurate and up-to-date information from the third party during the booking process in the event that this cannot be done by each of the registered guests. In order to comply with the principle of data minimisation, in cases where ID card identification is required, only the front of the document shall be provided. The Customer agrees that the Company shall not require or store the back of the ID card. By using the Company's online services to make a booking on behalf of a third party, the Customer fully accepts this condition and exonerates the Company from any liability arising from the lack of consent of the third party.
SECURITY MEASURES
In accordance with the provisions of the current regulations on personal data protection, the CONTROLLER complies with all the provisions of the GDPR for the personal data processing under its responsibility, and manifestly with the principles described in Article 5 of the GDPR, whereby they are processed lawfully, fairly and transparently in relation to the data subject and are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. The CONTROLLER warrants that it has implemented appropriate technical and organisational policies to implement the security measures set out in the GDPR to protect the rights and freedoms of Users and has communicated appropriate information to Users to enable them to exercise these rights and freedoms.
13. 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. ASPASIOS and the CUSTOMER agree to submit to the courts and tribunals of the CUSTOMER’s habitual residence any controversy that may arise from the provision of the products or services subject to these Terms and Conditions. In the event that the CUSTOMER resides outside of Spain, the PROVIDER and the CUSTOMER expressly waive any other forum, submitting to the Dispute Resolution Body that shall act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For more information, see clause 9. COMPLAINTS AND ONLINE DISPUTE RESOLUTION of these Terms and Conditions.