General conditions


LEGAL NOTICE AND GENERAL CONDITIONS

General conditions of use of the website

 1. Introduction.

The purpose of this document is to establish and regulate the rules of use of https://www.cgnerjarentals.com/ (hereinafter the "Site"), the Site being understood as all pages and their contents owned by C&G Nerja Rentals SL a which are accessed through the domain and its subdomains .

 The use of the Site attributes the condition of User of the same and implies the acceptance of all the conditions included in this Legal Notice. The User undertakes to carefully read this Legal Notice in each of the occasions in which he intends to use the Site, since it and its conditions of use contained in this Legal Notice may undergo modifications.

 2.- Ownership of the Website.

The owner of this Site is C&G Nerja Rentals SL with address at Calle Pintada 53 , CP 29780 , Nerja, and with CIF: B93441483.

Registered in the Mercantile Registry of Malaga, Volume 5466, Book 4373, Folio 50, S 8, Sheet MA 131471, 1st Entry .

You can contact us at the following telephone or e-mail numbers: Phone : 952 528 636 , e-mail: info@cgnerjarentals.com

 3.- Intellectual and industrial property.

The intellectual property rights of this site are the property of C&G Nerja Rentals SL, or of third parties that have authorization when necessary.

Reproduction, distribution, marketing or transformation, in whole or in part, unauthorized content of the Site , constitutes an infringement of the rights of intellectual property of C & G Nerja Rentals S. L.  Likewise, all brands or distinctive signs of any kind contained in the Site are protected by Law.

The unauthorized use of the information contained in this Site, as well as the damages caused in the intellectual and industrial property rights of C&G Nerja Rentals SL, may lead to the exercise of the actions that legally correspond and, if applicable, to the responsibilities arising from said exercise.

 4.- Exclusion of liability .

The content, programs, information and / or advice expressed on this Site should be understood as merely indicative. C & G Nerja Rentals SL does not respond in any way the effectiveness or accuracy thereof, shall be exempt from any contract responsibility tual or tort with users who make use of them because they are the ones who will decide at their discretion the opportunity thereof.

On this Site you can publish content contributed by third parties or companies, C&G Nerja Rentals SL, is not responsible for the veracity and accuracy of the same , being exempt from any contractual or extra-contractual liability with the Users who make use of them.

C&G Nerja Rentals SL reserves the right to modify the content of the Site without prior notice and without any limitation.

 It also declines any liability for any damages that may result from the lack of availability and / or continuity of this website and the services offered.

C&G Nerja Rentals SL, does not guarantee the absence of viruses or other elements on the web that may cause alterations in your computer system. C&G Nerja Rentals SL, declines any contractual or extra-contractual responsibility with the Users who make use of it and have damages of any nature caused by computer viruses or by computer elements of any kind.

C&G Nerja Rentals SL, declines any responsibility for the services that could eventually be provided on the Site by third parties.

C&G Nerja Rentals SL, declines any responsibility for the services and / or information provided in other Sites linked to it. C&G Nerja Rentals SL, does not control or exercise any type of supervision on third party Websites. We advise Users of the same to act with caution and consult the possible legal conditions that are exposed in these websites.

Users who send any type of information to C&G Nerj to Rentals SL, undertake to ensure that it is true and that it does not violate any third party right or current law.

The Company takes all reasonable steps to ensure that the details and photos of the property give a true and accurate description. However, the Company is not responsible for any errors or omissions.

5.- Conditions of use of the portal for users.

Access to this Site is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.

It is expressly forbidden to use the Site for harmful purposes of goods or interests of C&G Nerja Rentals SL or third parties or in any other way overload , damage or disable networks, servers and other computer equipment (hardware) or computer products and applications (software) of C&G Nerja Rentals SL, or third parties.

In the event that the User was aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, denigrating, violent or contrary to morals, we would be grateful if you could contact C&G Nerja Rentals S.L.

6.- Booking conditions:

Through the portal users can choose accommodation in which the person is concerned. These are categorized, selecting the property, the information available on it appears on its screen to its characteristics and price; and one or several photos of scriptives. Before contracting, the user must check it and assess whether it suits their needs. In addition, the user must be 18 years of age , provide the necessary data and accept these Conditions .

The fact that the user completes the form does not imply automatic acceptance of the order by C&G Nerja Rentals SL, but it will be understood that he accepts it when an automatic email acknowledgment of the request is sent.

 6.1.- Reservation procedure:

The customer must follow the instructions on the screen. If you wish to continue with the reservation, you must accept the purchase on the reservation button, accepting the conditions, the legal notice and those particular conditions.

Posteriormente, if not previously supplied, the customer will be asked for personal information. Fields with an asterisk, which are required for correct provision. No prior customer registration is necessary.

The client should check that the data is correct and, if necessary, correct the erroneous ones through the "edit" button.

To complete the purchase process you must click on the “reservation” button (or a similar expression), which entails the purchase with payment obligation.

Once the payment has been received and verified, C&G Nerja Rentals SL will confirm the reservation.

If payment is made by credit card, the payment on the card will be made through bank POS. All commercial transactions are carried out in a secure server environment under the SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of your data.

In no case will C&G Nerja Rentals SL be liable for any other type of damage, whether effective, indirect, or of any other kind, or for the loss of earnings that it could have suffered.

For any additional information about your reservation or billing you can contact Customer Service through the email account info@cgnerjarentals.com . 

7.- Price, payment method, and supporting documentation.

The price of the accommodations are defined in Euros, and will be established in the corresponding pages of the Site for each product, being valid for as long as they remain accessible on the website. All prices include VAT, where applicable.

To formalize the reservation:

• You must pay 30% of the total price of the property by the chosen payment method.         

• 15 days before the date of arrival, you must pay the outstanding amount of the total Price.

A damage deposit of €200 will be pre authorised or charged to your card, prior to arrival.

Once the checkout has been made and the state of the property has been verified, the deposit will be reimbursed, whenever and when the property is found in the same conditions in which it was delivered.   

If necessaryThe deposit for damages will be used for any cleaning extraordinary, any repair and / or replacement of property, furniture, fixtures and fittings that are damaged during your stay. We will refund the deposit for damages after the return of keys, less the deductions in accordance with the conditions listed above.

The form of payment of the good will be through a credit card or by bank transfer.

The applicable taxes are understood to be included in the price of the product. 

In general, C&G Nerja Rentals SL will send confirmation of receipt of payment via email.

8.- Obligations of the user.

Any commercial use is expressly prohibited, unless expressly authorized by C&G Nerja Rentals SL

The user is obliged to pay the price of the product and make use of it according to the law and these general conditions.

The user is obliged to maintain the confidentiality of his password and to notify us immediately of his suspicion of any unauthorized use of his account or access to his password.

The user undertakes not to use the account, username or password of another User.

You cannot transfer your reservation or any right and responsibility under these conditions of reservation to any other person without our prior consent, in writing.

You agree not cause any damage to the walls, doors, windows or any other part of the property, or do anything that could reasonably cause inconvenience or discomfort to us or any other occupant of properties adjoining or adjacent

You agree to comply with the regulations set forth in any house rules, community rules, letter of welcome or property manual provided, and any other regulations reasonably specified by us from time to time. You agree to keep and leave the property and furniture , including all items such as utensils of kitchen , dishes and glasses clean and in good condition.

Parties, loud music & anti social behaviour are prohibited.
If the neighbours complain, you will be instructed to leave immediately.
 
Do not leave your rubbish at the property. If you do, you will be charged.

You agree to take all the measures necessary to safeguard your personal property.

You agree to ensure that each member of your group is covered by appropriate comprehensive travel insurance (including cancellation, delays in the flights, loss and damage to the luggage and other goods) and insurance of health (including the coverage of evacuation and repatriatio).

You cannot allow that more people occupy the property than authorized expressly, or can change the composition of the group.

Pets are not allowed unless agreed, in writing.

Any breach of these conditions will de treated as a cancellation of the booking by you.

You agree to allow access to the property, by our representatives, in order to make essential repairs or in an emergency.

9.- Obligations of C&G Nerja Rentals SL

We undertake to make available to the user the necessary information relating to the accommodation and once the reservation is made, to send email confirmation of the booking & payment received.

We will also prepare an invoice, whenever required.

We will deliver the accommodation booked, in the agreed conditions.

On your day of arrival, you can enter the property from 16.00 & on your day of departure, you must vacate the property by 10.00, unless otherwise agreed. 

10.- Withdrawal.

 

For real estate rental services, the withdrawal does not fit, according to the exception of Art. 103.L) of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.

Therefore, for cancellations, see the conditions of the previous article.

If you need to cancel or modify your reservation , you must notify us by email as soon as possible . A cancellation will not have effect until we receive your confirmation by email .

The Initial Reservation Payment is non-refundable.

If you cancel after paying the Balance of payment & refundable deposit, the Balance of payment is non-refundable. The damage deposit will be refunded. 

11.- Responsibilities.

The user will be absolutely responsible for the use made of the reservation, and the responsibility derived from any damage that could be caused by any incorrect use of that product. Specifically, it will be responsible for:

  • All those acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and public order.
  • Any act that you will perform differently than what is stated in the indications or instructions about the operation and use of the product.
  • The certainty, accuracy, validity and timeliness of the data with which you will fill in each of the forms that C&G Nerja Rentals SL requires on the website.
  • The direct or indirect damages and losses that have been caused by any third party if the user lost, revealed, neglected or, in any case, allowed a third party to know for personal reasons his personal data necessary for contracting the product.

12.- Faculty of denial of the reservation.

C&G Nerja Rentals SL reserves the right to exclude or not allow the reservation, when it considers that the current regulations, the general conditions, the moral, the generally accepted customs, the public order, when a third party is harmed, or when for reasons derived from the image and reputation of the C&G Nerja Rentals SL website, it is not considered appropriate. In this case, if the payment has been made, it will be returned.

13.- Information and modification.

C&G Nerja Rentals SL guarantees that it has exposed the present general conditions to the generality of the possible interested parties, before the latter could hire the products, thus complying with the previous information period. The user may consult these General Conditions at any time through our website.

The temporary validity of this condition coincides with the time of its exposure, until such time as the terms and conditions stipulated herein are modified totally or partially, the user being obliged to consult our General Contract Conditions each time he accesses the website.

If any clause is declared void, it will not affect the validity of any other clause.

14.- Assignment and subrogation.

C&G Nerja Rentals SL may hire service providers, and collaborate or assign formalized contracts to third parties, to carry out the reservation management.

15.- Extinction and resolution.

This contract shall be terminated when both parties comply with the obligations to which they commit themselves or when it is resolved by any of them if any of the causes provided for the resolution concur, or if the counterparty seriously breaches any of the obligations established in the contract.

16.- Notifications.

Notifications must be sent by any reliable means to the following address:

C&G Nerja Rentals SL, Calle Pintada 53, CP 29780, in Nerja.

17.- Applicable law, jurisdiction and validity.

C&G Nerja Rentals SL informs you that this Legal Notice and the General Contract Conditions are governed in each and every one of its extremes by Spanish law. This contract is established in Spanish. Any translation is provided as a courtesy.

When the consumer enjoys protection regulations, they may claim or sue from the jurisdiction of their domicile.

Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Nerja (Spain), in the following cases:

• When the purchaser is domiciled outside the European Union and in that country there is no bilateral or multilateral agreement with Spain to prevent the possibility of fixing the express submission to the jurisdiction;         

• If it is a sale made by a company that acts within the framework of its business or professional activity,         

18.- Contact us.

If you have any questions about these conditions, or if you would like to make any suggestions or recommendations, please contact us through the following email address: info@cgnerjarentals.com .

19.- Online Dispute Resolution.

In accordance with the provisions of EU Regulation 524/2013 on the resolution of online consumer disputes (ODR - Online Dispute Resolution), we inform you that as a consumer, you have at your disposal a procedure to resolve the various disputes arising from the sale online merchandise and services in the EU.

The EU RLL (online dispute resolution) platform is available:

http://ec.europa.eu/consumers/odr/

 You can check more information at the following.

http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524