General terms and conditions of the "sociedad de responsabilidad limitada" Citysiesta b.v. (hereinafter CITYSIESTA) with registered office at Coulissen 99, 4811 DX Breda, Netherlands, duly registered at the Commercial Register of Breda, KvK 54745039, with the registered domain names of www.citysiesta.com and www.lisbon-apartments.com; Contact: firstname.lastname@example.org.
ARTICLE 1.- DEFINITIONS.-
In these general terms and conditions it shall be understood by:
Consumer: natural person or legal entity that formalizes a contract of reservation with CITYSIESTA to make use of , for a period of a minimum of 2 or 3 nights (depending on the offered apartment) to a maximum of 90 nights, of the selected accommodation provided by the intervention of CITYSIESTA. The reservation and the contract have to be made in the name of all the persons, natural persons or legal entities, which are going to make use of the accommodation, which are all considered as consumers, including the person who makes the reservation.
Supplier: natural person or legal entity which is the owner of the accommodation which, with the intervention of CITYSIESTA, is offered to the consumer for temporary use.
Accommodation: property which is offered to be occupied immediately by the consumer, on receiving the payment, for a period of days, weeks or months, from a minimum period of 2 or 3 nights (depending on the offered apartment) to a maximum of 90 nights.
Contract: Confirmation sent by CITYSIESTA to the consumer by email, that shall have the following minimum content: a) confirmation of the first comprehensive payment (see article 4); b) final confirmation of the reservation of the accommodation indicating the correct address and the arrival instructions; c) personal details of the consumer (name, surnames, address, phone number i.d., etc.) and d) other additional information which is considered necessary and relevant for the consumer.
ARTICLE 2.- APPLICABILITY.-
2.1. These general terms and conditions shall constitute part of all contracts concluded by CITYSIESTA and constitute the fundamental basis of these contracts and of the quotations, tenders and services offered by CITYSIESTA.
2.2. Should any particular provision stipulated between the parties prove void, the rest of the contract shall remain in force and be entirely effective as far as possible. In this case, these general terms and conditions shall be complementarily applied to the repealed provision, until such time as the parties formulate a new clause, always in accordance with the valid legality.
ARTICLE 3.- ESTABLISHMENT AND IMPLEMENTATION OF THE CONTRACT.-
3.1. The contract shall only be valid and entirely and reciprocally effective which is formulated in written form, whereas the conversations held between the parties prior to its execution shall not be binding. The contract can be formulated in Spanish, English, French, German or Dutch.
3.2. The consumer must supply, within the necessary period, all personal information that CITYSIESTA requests, for the execution of the contract, as well as all those that the consumer himself considers to be necessary.
3.3. The contract shall be concluded at the moment of the confirmation of the reservation by email from CITYSIESTA, after payment of the reservation fee and the first rate (see definition below) has been made by the consumer. Along with the mentioned confirmation, the corresponding “Payment Review” will be issued, whose basis consists of the reservation fee and a sum paid by the consumer, which is equivalent to a percentage (depending on the apartment) of the total amount of the reservation and whose exact amount is mentioned in the price list (hereon known as the first rate). The consumer must follow the instructions which will be sent together with the mentioned written confirmation of the reservation. It may happen that an email sent by CITYSIESTA is detected as spam, therefore it is important that the consumer checks all folders of his email account. CITYSIESTA will automatically transmit the formalized contract to the consumer.
3.4. The conclusion of a reservation contract for an accommodation by a consumer, in his own name and in the name of other natural persons or legal entities, or simply for their benefit and use, makes all of them jointly and severally liable for all the obligations of the contract. Furthermore, the consumers will be jointly and severally responsable for all the persons which accompany them to the accommodation.
3.5. CITYSIESTA retains the right to introduce corrections of errors due to calculation or spelling.
3.6. The supplier retains the right to conclude a contract on your arrival at the accommodation or on payment of the rent.
ARTICLE 4.- PRICES.-
4.1. After concluding a contract CITYSIESTA will bill, in addition to the amount to be paid by the consumer for the total sum of the accommodation, a certain amount as a reservation fee by contract whose precise amount is mentioned in the price list.
4.2. The first comprehensive payment consists of a percentage of the total amount for the stay, which varies depending on the apartment and which will be mentioned on the web page when a reservation is made, and the reservation fee. The precise amount of the first comprehensive payment will also be communicated with the confirmation of the reservation, respectively by conclusion of the contract.
4.3. A deposit will not be charged for the reservation of the accommodation.
ARTICLE 5.- PAYMENT AND DEFAULT.-
5.1.The consumer must pay to CITYSIESTA the reservation fee and the first rate of the sum for the stay, plus the corresponding taxes (in the event that they are applicable), by credit card or bank transfer to the bank account indicated by CITYSIESTA. In the event that the consumer opts for payment by bank transfer, he will have to send by email to CITYSIESTA the receipt of the payment or of the transfer within the next 24 hours. As soon as CITYSIESTA receives the payment receipt, the invoice ("Payment Review") will be made out and sent to the consumer by post to the address he has indicated. CITYSIESTA will only guarantee the reservations of the chosen accommodation and for the requested period from the moment that the consumer effects the payment of the invoice which, as already mentioned, consists of the reservation fee and the first rate of the sum for the stay, plus V.A.T. (in the event it is applicable). Once the mentioned amount is received, CITYSIESTA will send the consumer the confirmation of the reservation (this is the moment when the contract is concluded) and any other information which it considers important, by email to his indicated address.
5.2. The rest of the cost for the agreed stay must be paid by the consumer directly to the supplier, usually in cash (depending on the accommodation and according to advance notice that will be received), on the hand-over of the keys for the access to the agreed accommodation, and, in all cases, always within the next 24 hours after your arrival at the mentioned accommodation.
5.3. The consumer shall be legally in default without the necessity for any notice thereof, when he fails to meet, on time and/or in its entirety, his obligations pursuant to the contract to CITYSIESTA and to the supplier, and equally when CITYSIESTA has sufficient grounds to believe that the consumer will be unable to meet his obligations on time and/or in its entirety. The contract shall be deemed to be terminated and will no longer be effective from the date of default. In the event of default by the consumer, the provisions of article 6 of these general terms and conditions shall be applicable.
5.4. Should the consumer be in default, the amount payable due by the consumer, to CITYSIESTA as well as to the supplier, shall bear an interest at the rate of 1% per month, and the consumer who didn't fulfill his obligations will be informed.
5.5. The initial date for the computation of the default interest shall be the date that the amount payable is due on demand, and the end date shall be the date of complete payment of the balance due.
ARTICLE 6.- CANCELLATION.-
6.1. The cancellation of the reservation may be total or partial: a) it will be total when it affects the entire period of the agreement and, in any case, when it implies a period of accommodation which is shorter than 2 or 3 nights (depending on the accommodation); b) it will be partial when it affects only some of the nights of the total period of the agreement, whereas this shall be maintained to a minimum of 2 or 3 nights of accommodation (depending on the accommodation).
6.2. The reservation may be cancelled by the consumer, with the obligation of communicating the reasons for this cancellation to the address of CITYSIESTA in written form and with a minimum of 10 days before the first day of the originally reserved period of the agreement.
6.3. The date of receipt of the written communication of the reasons of cancellation at the address of CITYSIESTA shall be deemed to be the date of cancellation of the reservation.
6.4. In the case that the notice of the cancellation, being it partial or total, does not comply with the requirements mentioned in this article, the agreement shall be deemed as still valid, with all the consequences that this entails.
6.5. Consumers who cancel their reservation, being it partial or total, without complying with the mentioned requirements, whether it be in form or in time, will have to pay the entire amount of the original reservation plus the reservation fee to CITYSIESTA, which will pass the corresponding amount, which is the total amount of the original reservation minus the first comprehensive payment which is due to CITYSIESTA, to the supplier.
6.6. In the event of a correct partial cancellation of the reservation by the consumer, the consumer shall pay the reservation fee to CITYSIESTA, and to the supplier the consumer shall pay the amount corresponding to the number of days that he was able to make use of the accommodation minus the amount already paid to CITYSIESTA in respect to the first rate according to the period of the original reservation. The supplier will not have the right to any monetary compensation and will only have the right to receive from CITYSIESTA, the amount, once received from the consumer, which exceeds the new first rate and that CITYSIESTA has received from the consumer as the first rate according to the period of the original reservation.
6.7. In the event of a correct total cancellation of the reservation by the consumer, he will have to pay to CITYSIESTA the amount corresponding to the reservation fee and the first rate of the original reservation, plus the corresponding taxes (in the event that they are applicable) of both amounts. In the event that the consumer has already paid the mentioned amounts, these will be retained by CITYSIESTA as compensation. The supplier will not have the right to any economic compensation.
6.8. In the event of a cancellation by the consumer, being it correct or incorrect, the reservation fee and the first rate of the reservation will not be refunded in any case, nor in case of force majeure.
6.9. In the event that the supplier or CITYSIESTA makes a total cancellation of the reservation, CITYSIESTA will do everything possible to offer the consumer alternative accommodation with similar characteristics; If this is found, the contract will remain valid with all consequences thereof. On the other hand, if it is impossible to find alternative accommodation with similiar characteristics, CITYSIESTA will refund to the consumer the amount the consumer has already paid as a reservation fee and the first rate of the reservation. In the event that the supplier makes a total cancellation of the reservation, the supplier shall be obliged to pay to CITYSIESTA, as cancellation costs, the reservation fee and the first rate of the reservation plus the corresponding taxes (in the event they are applicable) of both amounts. The supplier will not have the right to any economic compensation.
6.10. If the supplier or CITYSIESTA makes a partial cancellation of the reservation, CITYSIESTA will offer the consumer the following alternatives: a) similar accommodation for the nights affected by the cancellation, keeping the remaining nights at the originally agreed accommodation; there will be no changes regarding the economic conditions of the original agreement between the consumer and CITYSIESTA; b) new accommodation with similar characteristics for the entire period of the agreement; there will be no changes regarding the economic conditions of the original agreement between the consumer and CITYSIESTA; or c) the withdrawal of the reservation and refund of the amount already paid to the consumer. If the supplier makes a partial cancellation and the consumer chooses alternative a), the supplier will only have the right to receive the amount corresponding to the actual days the consumer could make use of the accommodation, minus the first rate of the original reservation. If the supplier makes a partial cancellation and the consumer chooses alternative b) or c), CITYSIESTA will have the right to claim from the supplier, as cancellation costs, the corresponding amount to the reservation fee and the respective first rate of the total amount of the original reservation plus the corresponding taxes (in the event that they are applicable) of both amounts. The supplier will not have the right to any economic compensation.
ARTICLE 7.- CHANGES.-
7.1. A reduction by the consumer of the number of persons shall be possible if the consumer complies with the same necessary requirements mentioned in article 6 above in order to make a correct partial cancellation. If the consumer does not comply with the mentioned requirements, the same effects shall result as in the case of an incorrect cancellation.
7.2. An increase by the consumer of the number of persons shall only be possible if the reserved accommodation has the necessary capacity. The change shall be effected as soon as the difference of the amount of the first rate is paid.
7.3. A reduction by the consumer of the number of persons for only one part of the agreed period is not possible. If the number of persons varies during the period of accommodation, the consumer will have to make the reservation for the maximum number of persons which will make use of the accommodation.
7.4. An extension by the consumer of the period of the reservation shall only be possible if the reserved accommodation is vacant for the required period. The extension shall be effected as soon as the difference of the amount of the first rate is paid.
7.5. The first effected change of the reservation will be for free. For subsequent changes an additional fee of 20 euros for each change effected will be required.
ARTICLE 8.- USE OF ACCOMMODATION.-
8.1. The consumer shall be diligent in complying with the obligations assumed by the contract and he undertakes to use the reserved accommodation and the furnishings and equipment in its interior with prudence, moderation and decency and, in all cases, only for the purpose for which it is intended. This obligation includes respecting the neighbours and resting hours, locking the door when leaving the accommodation, leaving the accommodation on time and in an appropriate condition and bringing out the garbage at your departure.
8.2. The consumer must notify CITYSIESTA immediately of any damage, anomalies or defects that might appear in the accommodation or its furnishings or equipment. In the event that the mentioned damages or defects are directly or indirectly imputable to the consumer as a result of a misuse, the consumer shall bear the costs for reparation towards the supplier and towards CITYSIESTA for the amount that CITYSIESTA will pay to the supplier as the mentioned reparation costs, therefore the consumer shall be obliged to provide CITYSIESTA with his account or credit card details and the corresponding authorization so that CITYSIESTA will be able to make the corresponding debit.
8.3. It is absolutely prohibited for the consumer the subrogation, the sublet or the cession by any title, being it partially or entirely, of the rights deriving from the present contract, the accommodation of a higher number of persons than agreed (except for children under 3 years), the holding of stag or hen parties or other kinds of parties, the use of the accommodation for illegal or immoral purposes, escort etc.
8.4. In the event that the consumer or his guests do not respect these rules they can be expelled from the accommodation without refund of the paid amount to the consumer.
ARTICLE 9.- COMPLAINTS.-
9.1. Complaints about deficiencies in the stipulated services must be reported by the consumer to CITYSIESTA in written form within a maximum of 48 hours of them being created, in order to find an appropriate and satisfactory solution for the consumer.
9.2. Complaints that CITYSIESTA cannot give an answer to during the period of accommodation to the consumer's satisfaction, must be addressed to CITYSIESTA in written form within one month of completion of the period of accommodation. It is essential that this written notification indicates the period of accommodation and the reservation number so that CITYSIESTA takes the appropriate measures in respect of these complaints.
9.3. The supplier can also report his complaints to CITYSIESTA on the same conditions mentioned in the previous paragraphs of this article.
9.4. CITYSIESTA will take the appropriate measures in respect of all complaints it might receive, being from consumers or suppliers, obligating itself to give an answer to them within a maximum of two months from receipt of the complaint.
9.5. If the complaints are being submitted after the expiration of the period there will not be any liability of CITYSIESTA (or the supplier) for any compensation or answer to the consumer or to the supplier.
ARTICLE 10.- LIABILITY.-
10.1. CITYSIESTA offers an online reservation service using as accomodation properties of third parties. The service provided by CITYSIESTA is limited to showing the accommodation and the necessary communication regarding the realization of a reservation until the confirmation of the reservation is sent by email. All the information and the means in respect of the accommodations are provided by the supplier of the accommodation. Although CITYSIESTA does everything possible to verify and upate the information as it appears on the webpages www.citysiesta.com and www.lisbon-apartments.com, CITYSIESTA shall not be responsable for its content. CITYSIESTA does not guarantee the condition or suitability of any of the products or services advertised on these webpages. CITYSIESTA is not party to the rental agreement and shall not be responsible neither for any delays, accidents, losses, changes of schedules or taxes, nor for any damages (to persons or objects) by the services of its suppliers.
10.2. The liability of CITYSIESTA shall be limited to the acts or omissions in execution of the provided activities which are limited to the mere intermediation on the part of CITYSIESTA. Therefore, the damages caused by any other person or entity, which may have provided accessory or supplementary services to the ones which pertain to the service of CITYSIESTA, remain expressly excluded and CITYSIESTA does not assume any responsibility.
10.3. CITYSIESTA shall only be responsible, towards the consumer as well as towards the supplier, for the damages caused by the services it provides and by a culpable breach of contract by CITYSIESTA. CITYSIESTA shall not be responsible for any other claims by the consumer. CITYSIESTA will not be responsible for personal injury damages.
10.4. CITYSIESTA shall not be responsible, in all cases, for the damages caused by the following reasons:
- an act or an omission by fault or negligence, including slight fault or negligence, of the consumer
- acts or omissions which are unpredictable or not avertable by CITYSIESTA and/or which arise from a third party that is not related to the contract.
- Force majeure, fortuitous events, or incidents which, despite all the necessary diligence, were not predictable or not avertable on the part of CITYSIESTA.
- robbery, theft by housebreaking, theft or loss of goods of the consumer which are inside the accommodation
- falsehood on the part of any third parties
- dispute between the consumer and any third party
- the contents of the links and banners which appear on the web pages of CITYSIESTA and which belong to third parties.
10.5. In any case, the liability, which CITYSIESTA may incur for all the parties concerned and for all the possible claims, shall be quantitatively limited to a sum equivalent to the amount corresponding to the agreed period of accommodation. To that effect, the mentioned sum shall be considered a mutually agreed substitutive contractual penalty.
10.6. The consumer shall be liable for the damages caused by his fault or negligence, including slight fault or negligence, in the event that he, amongst other reasons, does not return the keys, does not leave the accommodation in time, accommodates more persons than the agreed number, does not respect the hours of resting, does not lock the door, holds stag or hen parties, or in case of damages caused by his fault or negligence, including slight fault or negligence, to the accommodation and/or its furnishings and equipment, illegal or immoral purposes etc. (non-exhaustive enumeration). In these cases any liability of both CITYSIESTA and the supplier shall be excluded.
10.7. In the event of concurrence of laws of different countries or international conventions applicable to the case, the law or the convention which is more favourable to CITYSIESTA shall be applied.
10.8. These general terms and conditions shall be applicable to any third parties, including in the event of extra-contractual liability.
ARTICLE 11.- FORCE MAJEURE.-
11.1. In case of force majeure, the obligations assumed by CITYSIESTA according to the reservation contract of the accomodation shall be suspended. If, under these circumstances, three days after the suspension the causes of force majeure, which impede CITYSIESTA in the performance of its obligations, persist, both parties shall be legitimated to terminate the contract, without the obligation arising of any of the concerned parties to compensate the damages.
11.2. Force majeure shall be understood as: any circumstance or situation that arises without any influence or intervention by CITYSIESTA and that, naturally, could not have been foreseen by CITYSIESTA, which prevents CITYSIESTA, temporarily or permanently, to meet its obligations pursuant to the contract. Such circumstances or situations include, amongst others: war, war hazard, rioting or other acts of public disorder, fire, natural disasters, strikes, restrictive government measures, a general lack of the goods or services necessary to perform the contracted obligation, unforeseeable delays on the part of suppliers or other third parties on which CITYSIESTA depends and general transport problems.
11.3. In the event that CITYSIESTA has, despite the occurrence of a situation of force majeure, met its obligations, or is able to meet its obligations only in part, it shall be entitled to invoice separately that part that has actually been implemented or that part that it is able to implement, and the consumer shall be obligated to pay the services which have been partially provided (as if it were a separate contract) or duly offered (also in the event that the consumer did in fact not make use of the services offered).
ARTICLE 12.- DATA PROTECTION.-
In compliance with Law 15/1999, 13th of December, of Protection of Information with Personal Character (LOPD), the following is hereby established:
12.1. The consumer agrees to that his personal data, provided to CITYSIESTA to perform a reservation of an accommodation, will be contained in the data file of CITYSIESTA for the purpose of providing the requested services. The electronic document of the contract will be exclusively filed in the data base of CITYSIESTA and will only be accessible to CITYSIESTA.
12.2. CITYSIESTA obligates itself to protect the privacy of the personal data provided by the consumer and therefore takes the necessary technical, organizational and security measures to avoid their unauthorized alteration, loss, processing or access. CITYSIESTA obligates itself not to modify, copy, distribute, sell or redistribute any of the mentioned information.
12.3. CITYSIESTA respects the right of each consumer to access, verify, rectify or request the deletion of his personal data provided to CITYSIESTA. Therefore, the consumer may send an email or a letter with the corresponding requests to the address of CITYSIESTA.
12.4. In the event that the consumer does not wish to receive any promotional information concerning special offers or discounts, he may write an email or a letter to the address of CITYSIESTA, indicating his preferences of privacy.
ARTICLE 13.- DISPUTES, APPLICABLE LAW, JURSIDICTION AND PERIOD OF LIMITATION.-
13.1. Spanish law shall be applicable and govern these general terms and conditions and the contractual relations between CITYSIESTA and the consumer, between CITYSIESTA and the supplier and between the consumer and the supplier, except the case that another legislation shall be applicable according to point 10.7. of these general terms and conditions.
13.2. Any dispute, which may arise from these general terms and conditions and the contractual relations between CITYSIESTA and the consumer, between CITYSIESTA and the supplier and between the consumer and the supplier, shall be submitted to the jurisdiction of the courts and tribunals of the city of Barcelona (Spain), and the parties shall waive the right to jurisdiction of any other court.
13.3. Unless expressly agreed to the contrary in writing between the parties, the right of the consumer to deduce the claims which arise against CITYSIESTA, shall expire after a period of six month.
ARTICLE 14.- MISCELLANEOUS.-
14.1. CITYSIESTA hereby reserves the right to update its general terms and conditions at any moment according to requirements and without necessity of notice thereof. It is the responsibility of the parties which make use of the services of CITYSIESTA to review these general terms and conditions in the event of changes. The use of the services provided by CITYSIESTA implies the approval by all parties of the changes and the obligation of all parties to comply with those. These general terms and conditions will not affect the legal rights of a consumer.
14.2. CITYSIESTA hereby reserves the right to update and change the information published on the web pages at any moment, including amongst others: fees, descriptions and photos. CITYSIESTA will make every endeavour to ensure the exactness of the information provided on the web pages. However, CITYSIESTA shall not be responsible for the mentioned information, since the respective web pages contain information material which depends on third parties and/or institutions.
14.3. The use of the web page is limited to the private use of the consumer and comercial use is prohibited. The consumer does not have the right to make copies of the web pages or parts of them, nor to present, publish, exhibit or change them or create a web page based on these web pages without the explicit permission of CITYSIESTA. The right to use the web pages to search for information or perform a reservation shall only be conceded to persons over 18 years, individuals, legal entities or representatives of institutions or companies.
14.4. We recommend that you contract travel insurance including travel cancellation insurance as well as a third party liability insurance before you start your journey, if you do not already have a corresponding insurance policy with the appropriate coverage.