GENERAL TERMS AND CONDITIONS FOR BOOKING ACCOMMODATION
This contractual document will govern the contracting of accommodation bookings through the website www.liveitcostablanca.com, property of LIVE IT COSTABLANCA S.L. with address at CALLE CALPE, 49 TEULADA 03725 ALICANTE (SPAIN) C.I. F B67682708 telephone +34626474640 / +34649154477 email info@liveitcostablanca.com Commercial Register of ALICANTE Volume 4423Folio 201_Section _Sheet A-177043 Entry 1 COMPANY under the trademark of LIVE IT COSTABLANCA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Acceptance of this document implies that the USER:
You have read, understand and comprehend the above.
A person with sufficient capacity to contract. It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible for and is aware of the legislation in force in the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the accommodation reservation service contracted by the USER is COMPANY
And on the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the COMPANY.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the moment the USER accepts, during the online contracting process, the rental of properties for temporary accommodation.
The contractual relationship for the reservation of 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 contracted at the time of booking.
Recruitment procedure
The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will 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.
The USER will select a user name and a password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform the COMPANY of the loss or theft of the same or of possible access by an unauthorised third party, so that the latter may proceed to block them immediately.
Once the user account has been created, 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 contracting procedure will follow the following steps:
1. General terms and conditions.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Online complaints and dispute resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Unbundling and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
15. Personal Data Protection
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, by making a reservation with the PROVIDER, the USER accepts these legal conditions. No stipulations made by the USER may differ from those of the PROVIDER if they have not been expressly accepted in advance and in writing by the PROVIDER.
LIVE IT COSTABLANCA S.L. rents out the property of your choice for the holiday season or as tourist accommodation. The tenant accepts the accommodation he/she chooses from our panel of available tourist accommodations with the characteristics described and undertakes not to use it in a way that is unlawful or contrary to the law or public order.
2. ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will previously inform the USER about the procedure to follow in order to make the reservation:
The automatic availability and price calculation system allows the USER to choose the flat or house he/she is interested in and immediately pay the rental price online.
The PROVIDER will not reserve the accommodation until it has verified that payment has been made. Once payment has been verified, the PROVIDER will contact you by email to confirm your booking. This term is understood as long as availability has been confirmed.
Bail bonds
The amount of between 300 € or 1.000 € will be retained depending on the characteristics of the holiday home, you will find this amount in the characteristics of the accommodation before booking. Payment will be made by credit card, without debit to your account, as a deposit, refundable after inspection by our staff and the USER on the day of departure of the stay. The amount of the deposit will be paid when the USER signs the contract of stay, it can be paid by credit card and the amount of the reservation will be blocked on your card. The deposit will be released when our staff have carried out an inspection of the holiday home and checked that everything is in good condition. In the event of any damage to the accommodation, this will be deducted from the deposit. It may take up to 10 days before your deposit is credited back to the card.
This amount will be used as a guarantee for the good use and conservation of the villa.
The client must notify the agency of any problems or malfunctions in the property found on arrival within 48 hours of arrival. If this is not the case, the client accepts that the villa has been delivered in perfect condition.
Any incident that may occur during your stay must be reported to the agency for immediate resolution.
In the event of any damage to the accommodation, this will be deducted from the deposit.
Failure to perform the contract remotely
In the event that the contract cannot be executed because the accommodation is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
The PROVIDER shall not assume any responsibility when the activation of the service does not take place, due to false, inaccurate or incomplete data provided by the USER.
In any case, USERS are prohibited from using this site:
a) The habitual use of the tourist accommodation and/or the overnight stay of a number of users that exceeds the maximum capacity of the accommodation or, where applicable, that which has been established in the contract.
b) The transfer to third parties of the use of the tourist accommodation.
c) Carrying out any activity that contradicts the usual uses of coexistence, hygiene and public order, or that impedes the normal rest of other users of the building.
3. CANCELLATIONS (right of withdrawal)
Withdrawal
By virtue of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November. With regard to the right of withdrawal, the following is stated:
Article 103. Exceptions to the right of withdrawal.
The right of withdrawal shall not apply to contracts relating to:
The provision of accommodation services for purposes other than housing, transport of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
Cancellation
The USER has the same rights and deadlines to proceed with the cancellation and/or claim for possible defects or flaws in the reservation, both online and offline.
All cancellations must be communicated to the PROVIDER by sending an email to info@liveitcostablanca.com, indicating the corresponding invoice or reservation number. In the event of a refund, the USER may be penalised for the items listed below:
A full refund will be given if the booking is cancelled 48hrs after booking or at least 14 days prior to arrival.
– If the booking is cancelled between 7 and 14 days prior to arrival at the accommodation, the USER will receive the amount corresponding to 50% of all the nights that make up the booking.
– If you cancel after the deadline, no refund will be made.
– After arrival, no refunds are given for nights not used.
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
LIVE IT COSTABLANCA S.L.
address in CALLE CALPE, 49 TEULADA 03725 ALICANTE (SPAIN)
Phones +34626474640 / +34649154477
Email info@liveitcostablanca.com
If during the rental period there is any breakdown in the installations or electrical appliances, the USER must notify the PROVIDER immediately in order to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of the same characteristics. In the event of unavailability of accommodation, the PROVIDER will reimburse the total amount paid.
The PROVIDER shall not assume any responsibility for possible anomalies affecting the accommodation or its surroundings that it cannot control directly. The USER assumes that he/she will not be able to claim any penalty in the event of any of the following anomalies:
Satellite / cable TV viewing: If the holiday property that the USER rents indicates that satellite or cable TV is available, this does not imply that all channels can be received. The holiday property may have decoders that do not always pick up all international channels.
Water, electricity and Internet supplies: Water, electricity and Internet supply cuts are not common, however, if there are water, electricity or Internet cuts caused by the companies that manage these services, the PROVIDER cannot be held responsible for any inconvenience or damage caused.
Noise and construction work: It may happen that unexpected construction work is taking place in the vicinity of the area where you are making your holiday booking or that noise may be caused, for example, by the collection of rubbish. These works or noises are usually carried out by companies or public bodies. We therefore have no involvement in these proceedings. Therefore, the guest assumes, when booking the accommodation, that the PROVIDER has no responsibility for any nuisance caused by construction work and noise.
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and COMPANY, 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 will 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/
5. FORCE MAJEURE
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. We shall not be liable for any failure, impediment or delay in fulfilling an order attributable to events beyond our reasonable control (“Force Majeure”), including without limitation any natural disasters, civil commotion, war, national emergencies, terrorism, piracy, strikes, lockouts, epidemics/pandemics, accidents, non-existence or problems with the supply of utilities (including power, telecommunications or internet supply), shortages or non-existence of supplies, materials, equipment or transportation, etc.
Both parties can terminate a booking by written notice, if the force majeure causes do not cease within 30 working days and must be justified. In such a case, neither party shall be liable for the termination (except for the reimbursement of the amount of a paid reservation).
6. COMPETENCE
The USER 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 USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
The details of each booking, such as the accommodation, are provided to the USER in the respective description on the website.
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the COMPANY’s Commercial Proposal or stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
The maximum capacity of persons occupying the holiday property and which are indicated in the characteristics described on our website, will be respected, i.e. they may not exceed the number of tenants indicated in the reservation. Otherwise, the agency reserves the right to cancel the contract immediately. A host is considered to be five years of age or older.
Check in and check out
The tourist accommodation shall be made available to users in adequate conditions of conservation, cleanliness and provision of services from the day set for their occupation, with supplies and facilities in working order. The accommodation is delivered clean and with all kitchen utensils and kitchenware. The holiday home must be returned in the same condition in which it was delivered to you.
Tickets:
They will be carried out in the villa booked between 17.00 and 20.00 in the evening by our staff in the holiday home you have booked.
After 20.00 you must contact our emergency telephone number to arrange the time of key handover and this entails a supplement of 50 € to be paid in cash at the time of entry.
Timetables can be made more flexible if prior contact is made and it is possible depending on the volume of entries we have in our company on the same day.
Outputs:
They will take place until 10.00 a.m. A person from the agency will be at the accommodation at the agreed time to check the state of the holiday home and collect the keys. The user is obliged to leave the holiday accommodation in the same conditions in which it was handed over.
As specified in the section on check-in, it is possible to make the departure timetable more flexible, subject to the agency’s authorisation and if prior contact has been made and it is possible depending on the volume of check-ins and check-outs that we have in our company on the same day.
Arrivals later than 00:00 are not accepted; they will be left until 8:00 a.m. the following day.
On arrival at the agency and in accordance with current legislation, the USER must hand over the booking form and all occupants of the accommodation will be identified.
The USER will then sign a rental contract and pay the remaining amount of the holiday rental.
Extra services
If the USER is interested in hiring an extra service, he/she must do so at the time of booking:
Bath towels and sheets per person are included in the rental price.
There are accommodations where it is indicated in their characteristics that pets are accepted. If it is not indicated that pets are not allowed, they cannot be kept.
Pets: 50€/per pet
Baby cot: 20€/ per cot during your stay
Baby chair: 20€/ per chair during your stay.
Cleaning during your stay: In the characteristics of the holiday home you book, the price of cleaning is indicated, as this may vary depending on its size.
Cleaning at the end of your stay: In the characteristics of the holiday home you book, the price of cleaning is indicated, as this may vary depending on its size.
Responsibilities of the client
-The maximum number of people occupying the holiday property and which are indicated in the characteristics described on our website, will be respected, i.e. they cannot exceed the number of tenants indicated in the reservation. Otherwise, the agency reserves the right to cancel the contract immediately. A host is considered to be five years of age or older.
– The USER undertakes to respect the regulations of the Community of owners.
– During the rest hours from 22:00 to 9:00, it is not allowed to use the accommodation for the purpose of party celebrations, nor to make noise.
– In no case is it permitted to occupy the accommodation by more people than the maximum capacity established.
– Electricity and water use must be rational.
– It is forbidden to hang towels and clothes on balcony railings.
– Swimming pool opening hours are set by each Community and are generally from 10:00 to 21:00. It is forbidden to stick objects such as parasols, awnings, etc. in the grass, as well as to use inflatable mattresses inside the pool.
– Children must always be accompanied by their parents and under their responsibility.
– The USER is responsible for the correct behaviour of all his/her fellow guests, otherwise, the PROVIDER reserves the right to expel the occupants from the accommodation, without the right to future claims or any kind of compensation.
– Neither COMPANY nor the owner shall be liable for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including but not limited to: damage, loss after fire, theft, crime, accidents or other types of damage.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each booking include Value Added Tax (VAT).
The prices applicable to each property are those published on the website and are expressed in EURO currency. The USER 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 reservation is made.
All payments made to the PROVIDER shall be invoiced to the registered USER or to the company name provided by the USER at the time of booking. This invoice will be sent with the booking when payment is made. It will be possible to download the invoice in
PDF by accessing the web management panel with the user 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 information about the reservation, the USER can contact the customer service telephone number of
Telephone: +34626474640 / +34649154477
Email info@liveitcostablanca.com
9. TRANSPORT COSTS
There are no transport costs.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
THE USER may make payment by any of the following methods:
-Bank transfer to the account indicated when you make the booking, indicating the payment method bank transfer.
-Debit or credit card through the secure Redsys platform operated by Banco Santander.
•PayPal
In order to enter the details of a card, the USER must be its legitimate holder and have the right to use it. The USER is responsible for ensuring that all the information provided for the purpose of purchasing products is correct.
Security measures
It uses the secure communication protocol https and has a valid security certificate, guaranteeing the secure transmission of information by encrypting it. The COMPANY will not have the USER’s financial data at its disposal.
11. PURCHASING PROCESS
The website has a search system based on different parameters to facilitate the choice of accommodation. Types of reservations:
Booking with immediate confirmation: Minimum price of the service stipulated on the website. You can book online and add any extra services that suit you.
Select the dates of arrival and departure, the number of people staying (adults and children) and the extra services chosen and add them to the basket. Here, only the selected services, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket, you can place an order by following the steps below to complete it correctly:
1. – Verification of invoicing data.
2. – Checking the reservation (dates, services…).
3. – Selection of the method of payment.
4. – Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the booking, as well as all the relevant information.
From the Online Booking section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.
12. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
The guarantee of the services offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
Conformity of services with the contract
In the absence of proof to the contrary, services shall be deemed to be in accordance with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:
a) Conform to the description provided by the PROVIDER.
(b) are suitable for the uses to which services of the same type are normally put.
c) Are suitable for any special use required by the USER, when the USER has informed the PROVIDER at the time of the conclusion of the contract, provided that the PROVIDER has accepted that the service is suitable for this use.
(d) they present the usual quality and performance of a service of the same type that the customer may reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by the PROVIDER.
e) The PROVIDER describes the details, technical characteristics 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 it lies with the PROVIDER or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or malpractice of the USER, it shall not be considered a fault of the PROVIDER and shall be considered in accordance with the terms of the contract.
3. No liability shall be accepted for any lack of conformity which the USER knows or could not have been unaware of at the time of concluding the contract or which originates from information supplied by the USER.
Responsibility
The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation. The COMPANY recognises the USER the right 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 USER may choose between demanding repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs the PROVIDER of the option chosen, both parties shall abide by it. This decision by the USER 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 imposes costs on the PROVIDER that are unreasonable 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 USER, 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 USER.
– They shall be carried out within a reasonable period of time and without major inconvenience for the USER, taking into account the nature of the services and the purpose for which they were provided to the USER.
– If, once the repair has been completed and the property has been delivered, it is still not in conformity with the contract, the USER 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 USER 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 take place, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER.
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.
Deadlines
Unless proven otherwise, delivery shall be deemed to have taken place on the day stated on the reservation.
The USER must inform the PROVIDER of the lack of conformity at the time he/she becomes aware of it or, at the latest, at the end of the stay.
Unless there is evidence to the contrary, it shall be understood that the USER’s communication has taken place within the established period.
14. 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. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION of these Conditions.
15. DATA PROTECTION
COMPANY, as data controller, will process the data provided by the USER during the holiday accommodation booking process in order to carry out the administrative and economic management of said purchase, including invoicing, collection and operations related to its execution, as well as for the management of the User’s account. You can find more information about the processing of personal data in our privacy policy.