1. USER INFORMATION
Who is the controller of your personal data?
AGRUPACION COSTABLANCA SL is the CONTROLLER of the USER’s personal data and informs him/her that these data shall 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).
Why do process your personal data?
To maintain a commercial relationship with the user. The planned processing operations are:
- Sending commercial advertising communications by email, fax, SMS, MMS, social networks or by any other electronic or physical means, present or future, that make it possible to carry out commercial communications. These communications will be made by the CONTROLLER and will be related to their products and services, or those of their partners or suppliers with whom they have reached a promotion agreement. In this case, the third parties will never have access to personal data.
- Conduct market research and statistical analysis.
- Processing orders, requests, respond to queries or any type of request made by the USER through any of the contact methods available at the CONTROLLER’s website.
- Send the online newsletter on news, offers and promotions in our activity.
Why can we process your personal data?
Because the processing is legitimised by article 6 of the GDPR as follows:
- With the USER’s consent: sending commercial communications and the newsletter.
- In the legitimate interest of the CONTROLLER: conduct market research, statistical analysis, etc. and process orders, requests, etc. at the request of the USER.
For how long will we keep your personal data?
Data shall be stored for no longer than is necessary to maintain the purpose of the processing or for as long as there are legal prescriptions dictating their custody, and when such purpose is no longer necessary the data shall be erased with appropriate security measures to ensure the anonymization of the data or their complete destruction.
¿To whom do we disclose your personal data?
No communication of personal data to third parties is foreseen except, if necessary for the development and execution of the purposes of the processing, to our suppliers of services related to communications, with which the CONTROLLER has signed the confidentiality and data processor contracts required by current privacy regulations.
What are your rights?
The rights of the USER are:
- Right to withdraw consent at any time.
- Right of access, rectification, portability and erasure of your data and the limitation or objection to their processing.
The right to file a claim with the Spanish Supervisory Authority (www.aepd.es) if you consider that the processing does not comply with the current legislation.
Contact information for exercising rights:
AGRUPACION COSTABLANCA SL. C/VILLAVIEJA, 8, – 03002 ALICANTE (Alicante). Email: email@example.com
2. COMPULSORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER
The USERS, by marking the corresponding boxes and entering data in the fields, marked with an asterisk (*) in the contact form or download forms, accept expressly and in a free and unequivocal way that their data are necessary for the supplier to meet their request, voluntarily providing their data in the remaining fields. The USER ensures that the personal data provided to the CONTROLLER are true and is responsible for communicating any changes to them.
The CONTROLLER informs that all data requested through the website are mandatory, as they are necessary for the provision of an optimal service to the USER. In the event that not all of the data is provided, there is no guarantee that the information and services provided will be completely adapted to the User’s needs.
3. SECURITY MEASURES
That in accordance with the provisions of the current regulations on the protection of personal data, the CONTROLLER is complying with all the provisions of the GDPR and LOPDGDD regulations for processing the personal data for which they are responsible, and is manifestly complying with the principles described in Article 5 of the GDPR, by which they are processed in a lawful, fair and transparent manner in relation to the data subject and appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
The CONTROLLER guarantees that all appropriate technical and organisational policies have been implemented to apply the security measures established by the GDPR and LOPDGDD in order to protect the rights and freedoms of USERS and has communicated the appropriate information for them to be able to exercise them.
For more information about privacy guarantees, you can contact the CONTROLLER through AGRUPACION COSTABLANCA SL. C/VILLAVIEJA, 8, – 03002 ALICANTE (Alicante). Email: firstname.lastname@example.org
E-commerce (ACCOMMODATION BOOKINGS). General contracting terms and conditions
GENERAL TERMS AND CONDITIONS
This contractual document shall govern the contracting of products and services through the website [[Web]], property of AGRUPACION COSTABLANCA SL, hereinafter AGRUPACION COSTABLANCA SL.
Accepting this document implies that the USER:
– Has read and understood the above.
– Is a person with sufficient capacity to enter into contract.
– Assumes all obligations set forth herein.
These conditions are valid for an indefinite period of time and apply to all contracts made through the AGRUPACION COSTABLANCA SL website.
AGRUPACION COSTABLANCA SL informs that the business is liable and understands the current laws of the countries in which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
The contract is entered into by AGRUPACION COSTABLANCA SL, the provider of the services contracted by the USER, whose registered address is located at C/VILLAVIEJA, 8, – 03002 ALICANTE (Alicante), TIN B53249645 and customer/USER service telephone 965216918.
And on the other hand, the USER, registered on the website by means of a user name and password, for which they have full responsibility of use and guard, and is responsible for the truthfulness of the personal data given to AGRUPACION COSTABLANCA SL.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between AGRUPACION COSTABLANCA SL and the USER, at which time the USER accepts the rental of temporary accommodation during the online contracting process.
The contractual relationship of booking accommodation involves the rental of the chosen property, for a limited time, in exchange for a determined price that is publicly displayed through the website. Extra services must be added at the time of booking.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to communicate to AGRUPACION COSTABLANCA SL their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish
Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Booking and payment process
5. Force majeure.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Purchase process.
10. Applicable warranties.
11. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, placing an order with AGRUPACION COSTABLANCA SL shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those made by AGRUPACION COSTABLANCA SL unless expressly accepted in advance and in writing by AGRUPACION COSTABLANCA SL.
2. RESERVATION AND PAYMENT PROCESS
Our automatic system calculates the availability and prices allowing you to choose the apartment or house you are
interested in and you immediately pay of 40% of the rental price on line or pay by bank transfer within a maximum period of 48 hours. If the bank transfer cannot be made within this period, your reservation will automatically be cancelled. The expenses incurred by this method of payment will be borne by the USER.
Booking confirmation: Once the 40% payment has been made, the booking will be instantly confirmed and you will
immediately receive an email with all the details (apartment address, contact person details, dates etc.)
Secure on-line payment: AGRUPACION COSTABLANCA SL is committed to protecting USERS’ data to the fullest and
does not have any access to nor can it ever see the credit card number that you enter into the form. This information is encrypted and will only be visible to the bank
AGRUPACION COSTABLANCA SL has three types of deposits ranging from 200 € to 500 €. If the tenants are a
group of young people, they must each pay 50 &euro, totalling a minimum of 250 &euro.
The deposit is always paid in cash. At the end of your stay, after an inspection of the accommodation, the deposit will be returned to you in cash as well. Any damage to the accommodation will result in an amount being deducted from the deposit.
Check-in and check-out
Check-in and check-out takes places on Saturdays.
Check-in: Keys can be collected from our offices in C/VILLAVIEJA, 8, – 03002 ALICANTE (Alicante) between 17:00 and 20:00.
Your accommodation will not be available before 17:00. If you arrive earlier, call us, and you can leave your bags at the agency.
For those arriving between 20:30 and midnight, there will be an additional cost of 70 €.
No arrivals are accepted later than midnight, from which time you will not be able to enter your accommodation until 08:00 the next morning.
Upon arrival at our agency, and in accordance with current legislation, you must provide us with your booking confirmation and we will check the IDs of all the occupants.
Then, the reservation holder will sign a rental contract and pay the remaining 60% of the rent plus a 20 € management fee and a tourist tax of 0.50 € per day of stay for each person aged over 16, for a maximum of 7 days. (Spanish Law 5/2012 of 20/3/12. Official Journal of the Government of Catalonia (D.O.G.C.) no. 6094 of 23/03/12) and the deposit. You can pay by credit card or cash. Deposits will always be paid in cash.
The accommodation shall be handed to you clean and equipped with all utensils and kitchenware. Bath towels and sheets for each person are included in the rental price.
Check-out: Check-out is from 8:00 to 10:00. A person from the agency will come to your accommodation at the agreed time to inspect the condition of the apartment, collect the keys and return your deposit.
At the agreed check-out time, tenants must be ready and packed, and the apartment must be tidied and cleaned. You must hand the accommodation back in the condition you found it in on arrival.
If you are interested in using our extra services, you must indicate so at the time of booking:
Cleaning: You can request our cleaning service for the end of your stay. For single rooms 50 €, double rooms 60 €, triple rooms 70 €, quadruple rooms 80 €, Private house (semi-detached) 110 € and Individual chalet 160 €.
Cots: Cots can be rented for 60 €.
High chairs: High chairs can be rented for 45 €
Fold-out beds: Extra beds can be rented for 70 €
There are accommodations that allow pets. If you have a pet, you must inform AGRUPACION COSTABLANCA SL at the time of booking for permission.
The customer commits to respecting Community regulations. No parties or excessive noise during rest hours, between 22:00 and 9:00. In no case is it permitted to occupy the accommodation with more people than the maximum capacity.
The use of electricity and water must be rational. When the air conditioning is on, don’t forget to close the doors and windows.
It is forbidden to hang towels and clothes on balcony railings.
Opening times for the swimming pool are set by each Community. Generally, the swimming pool can be used between 10:00 and 21:00. It is forbidden to fix objects such as parasols, awnings, etc. into the grass or to use inflatables in the pool.
Parents must always accompany their children and be responsible for them.
The person holding the contract is responsible for ensuring all occupants behave appropriately. Otherwise, AGRUPACION COSTABLANCA SL reserves the right to evict the occupants from the accommodation, without any right to future claims or compensation.
Neither AGRUPACION COSTABLANCA SL nor the owner shall be liable for any direct or indirect damage that may arise from the misuse of the accommodation, including but not limited to damage, loss due to fire, theft, crime, accidental or other damage.
3. 3. CANCELLATIONS (RIGHT OF WITHDRAWAL)
AGRUPACION COSTABLANCA SL will only accept cancellations of reservations in writing by emailing: email@example.com
– If the reservation is cancelled within 30 days of the arrival date, AGRUPACION COSTABLANCA SL will refund 50% of the reservation deposit to the client.
– If the reservation is cancelled less than 30 days prior to the arrival date, the total amount of the reservation will not be refunded to the client (100%).
We aim to ensure customers have a pleasant stay.
If during the rental period there is any breakdown in the facilities or to electrical appliances, you must immediately notify AGRUPACION COSTABLANCA SL to resolve these incidents as soon as possible.
In case of force majeure (water damage, fire, etc.) AGRUPACION COSTABLANCA SL will provide a similar replacement accommodation. If no such accommodation is available, AGRUPACION COSTABLANCA SL will refund the total amount paid.
AGRUPACION COSTABLANCA SL C/VILLAVIEJA, 8, – 03002 ALICANTE (Alicante) Telephone number: 965216918 Email:firstname.lastname@example.org
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and AGRUPACION COSTABLANCA SL, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately 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 be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by AGRUPACION COSTABLANCA SL are subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of AGRUPACION COSTABLANCA SL or stipulated herein shall take effect, unless expressly agreed in writing and signed by AGRUPACION COSTABLANCA SL, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, AGRUPACION COSTABLANCA SL reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF THE VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. All prices are shown in EURO..
The prices applicable to each property are those that are published on the website. The USER accepts that the economic valuation of some of the services may vary in real time. Prices may change daily as long as no booking is made.
Any payment made to AGRUPACION COSTABLANCA SL entails sending an invoice in the name of the registered USER or in the business name provided at the time of booking. This invoice will be delivered to the USER at the end of their stay, once all contracted services have been paid for.
For any questions about the booking, the USER may contact the AGRUPACION COSTABLANCA SL customer services by calling 965216918 or by emailing email@example.com.
9. PURCHASE PROCESS
Our website has a property searcher that allows you to filter by different criteria, facilitating your choice of accommodation. Types of reservations:
Reservations with immediate confirmation: The minimum price of the service is stipulated on the website. You can book on- line and add the extra services that suit you.
Price not available: If the price of the service is not available, the USER will be informed as soon as possible by email or telephone.
Reservation (purchase request)
In the on-line Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular specifications of each property.
The final price will be calculated according to the selected check-in and check-out dates, the people staying (adults and children) and the extra services chosen.
10. GUARANTEES AND REFUNDS
The guarantee of the products offered responds to the following articles based on the Spanish Law 23/2003 of 10 July 2003 on the guarantees of the sale of consumer goods:
Conformity of services with the contract
1. Unless there is proof to the contrary, services shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
a) They match the description given by AGRUPACION COSTABLANCA SL.
b) They are fit for the purposes for which similar services are ordinarily intended.
c) They are fit for any special use required by the customer when they have informed AGRUPACION COSTABLANCA SL when the contract is executed, provided that they have accepted that the service is fit for such use.
d) They demonstrate the usual quality and performance of similar services which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the services’ specific features made by AGRUPACION COSTABLANCA SL.
e) AGRUPACION COSTABLANCA SL describes the details, specifications and photographs of the accommodation as provided by the owners, and is not bound by these public statements.
2. Non-conformity resulting from a service that was not performed or provided shall be treated as non-adherence to the contract, provided that the responsibility for the service lies with AGRUPACION COSTABLANCA SL or is under its responsibility. On the other hand, when the service not performed or provided is due to negligence or malpractice on the part of the USER, it shall not be considered to be non-adherence on AGRUPACION COSTABLANCA SL’s behalf, who shall be deemed to have complied with the terms of the contract.
3. No liability shall be accepted for any non-conformity that the USER is aware of or was unable to overlook when entering into the contract, or which is caused by information provided by the USER.
AGRUPACION COSTABLANCA SL’s liability
AGRUPACION COSTABLANCA SL will respond to the USER regarding non-conformity that exists at the time of check-in to the accommodation. AGRUPACION COSTABLANCA SL grants the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.
Repair and replacement of products
1. If the service is not in compliance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies AGRUPACION COSTABLANCA SL of the chosen option, both parties must abide by it. The USER’s decision is respected without prejudice in the following cases: the repair or replacement fails to bring the service into compliance with the contract.
2. Any form of remedy which imposes on AGRUPACION COSTABLANCA SL costs which are unreasonable in comparison with the other form of remedy 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 non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.
Rules of repair or replacement of the product
Repair and replacement will comply with the following rules:
The necessary expenses incurred to correct the non-conformity of the contracted services will be at no cost to the USER.
They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the products and their purpose for the USER.
If, after the repair has been completed and the property has been handed over, it is still not in conformity with the contract, the USER may demand a replacement, a discounted price or termination of the contract.
If the replacement fails to bring the property into conformity with the contract, the USER may demand it be repaired, a discounted price or termination of the contract.
Price reduction and contract termination
The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the product’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER.
The decision shall not apply when the non-conformity is of minor importance.
Price reduction criteria
The price reduction will be proportional to the difference between the value the service would have had at the time of delivery had it been in compliance with the contract and the value of the service actually delivered at the time of delivery.
Unless there is evidence to the contrary, check-in will be on the date that appears in the booking.
The USER must inform AGRUPACION COSTABLANCA SL of any non-conformity the moment that they become aware of it or by the end of their stay, at the very latest.
Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. AGRUPACION COSTABLANCA SL 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 closest to ALICANTE.
In the event that the USER resides outside of Spain, AGRUPACION COSTABLANCA SL and the USER expressly renounces any other court, submitting to the Spanish jurisdiction established in the previous paragraph.
RIGHT OF WITHDRAWAL
For the attention of:
RIGHT OF WITHDRAWAL
Name: AGRUPACION COSTABLANCA SL
Address: C/VILLAVIEJA, 8, – 03002 ALICANTE (Alicante) Town: ALICANTE
Telephone number: 965216918
Details of the goods/services to be withdrawn:
N.o of contract/order/invoice: Contract/order/invoice date:
Date of receipt of the product/service: Description of the product/service:
Name: Address: Town:
* Telephone: * Email:
(* non-mandatory data)
Right of withdrawal:
You may exercise the right of withdrawal within the period of 14 days established by law from the day following the date of a service contract or the day receiving a product.
In accordance with Article 71 of the Spanish Law 3/2014, of 28 March, which modifies the revised text of the Spanish General Law for the Defence of Consumers and Users and other complementary laws, I hereby inform you that I am withdrawing from the contract for the sale of the goods/services described above within the specified period, and I would therefore be grateful if you could contact me using the contact details provided to notify me confirming that the request has been received.
Date of request: