General conditions of contract

GENERAL CONTRACTING CONDITIONS

This contractual document will govern the hiring of flats and tourist services through the website www.casaspepe.com, property of APARTAMENTOS CASAS PEPE SA, under the commercial brand of CASAS PEPE, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage 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.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

•  Has read, understands and comprehends what is set out herein.
•  Is a person with sufficient capacity to contract.
•  Assumes all the obligations set forth herein.

These conditions will have an indefinite period of validity and will 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 current legislation of 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 flat rental service and tourist services contracted by the USER is APARTAMENTOS CASAS PEPE SA, with registered office at Avenida de Bonn 1, 35100, Playa del Inglés, San Bartolomé de Tirajana (LAS PALMAS), NIF A35061092 and with customer/USER service telephone number 928762818.

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the latter accepts, during the online contracting process, the rental of holiday flats and services.

The contractual relationship for the reservation of accommodation entails the rental of the flat in the chosen category, 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.

Contracting procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age. 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.

It is reported that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

• General contracting clauses.
• Activation of reservations.
• Right of withdrawal (cancellations).
• Claims and online dispute resolution.
• Force majeure.
• Jurisdiction.
• Generalities of the offer.
• Price and period of validity of the offer.
• Transport costs.
• Method of payment, costs and discounts.
• Purchasing process.
• Dissociation and suspension or termination of the contract.
• Guarantees and returns.
• Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, making a reservation with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER will previously inform the USER about the procedure to follow in order to book the trip.

The automatic availability and price calculation system allows the USER to choose the category of flat he/she is interested in and to immediately make the online payment.

Non-execution of the distance contract

The PROVIDER shall not assume any responsibility when the activation of the service is not carried out due to false, inaccurate or incomplete information provided by the USER.

3. CANCELLATIONS (right of withdrawal)

Cancellation form: https://www.casaspepe.com//formulario-solicitud-desistimiento.pdf

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, requesting a refund locator using the form provided for this purpose, or by e-mail to booking@casaspepe.com, indicating the corresponding reservation number. All cancellations shall be subject to the aforementioned cancellation conditions.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

CASAS PEPE

Avenida de Bonn 1, 35100 San Bartolomé de Tirajana (LAS PALMAS)

Telephone: 928762818

E-mail: booking@casaspepe.com

If during the rental period there should be any breakdown in the installations or electrical appliances, the USER must immediately notify the PROVIDER in order to resolve these incidents as soon as possible.

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the accommodation booked with another of the same characteristics. In the event of unavailability of accommodation, the PROVIDER will reimburse the total amount paid.Resolución de litigios en línea (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 CASAS PEPE, without the need to resort 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 non-performance due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

6. COMPETITION

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted.

In the event that any stipulation of the present conditions is considered null and void or impossible to fulfil, the validity, legality and fulfilment of the remaining stipulations will not be affected in any way, nor will they be modified in any way.

The USER declares that he/she has read, knows and fully accepts these General Conditions.

7. GENERAL INFORMATION ABOUT THE OFFER

The details of each reservation, such as accommodation and meals, are informed to the USER in their respective description on the website.

All sales and deliveries made by CASAS PEPE will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of CASAS PEPE or stipulated herein shall have any effect, unless expressly agreed in writing signed by CASAS PEPE, in which case, these particular agreements shall prevail.

Given the continuous technical advances and product improvements, CASAS PEPE reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.Entradas y salidas

Check-in: Check-in hours are from 09:00 to 17:00 at our location in Avenida de Bonn 1, 35100; Playa del Inglés, San Bartolomé de Tirajana (LAS PALMAS).

• The keys to the flat will be handed over at 14:00. Check-in does not guarantee the right to access the flat.
• If you arrive before 14:00 hours, you can check in and leave your luggage at Reception.
• In case of arrivals outside Reception service hours, the client must contact booking@casaspepe.com to be informed about the procedure for access to the flat.

On arrival at the complex and in accordance with current legislation, the USER must present the personal documentation of all the occupants of the reservation in order to generate the files for the relevant authorities.

Departures: The maximum time allowed to stay in the flat is until 11 a.m. on the day of departure.

Responsibilities of the client

- The USER undertakes to respect the rules of the complex. During the hours of rest from 22:00 to 9:00, it is not allowed to use the flats for party celebrations or to make noise. Under no circumstances is it permitted to occupy the flat by more people or by people other than those registered on arrival.

- The USER is responsible for the correct behaviour of all the occupants of the reservation, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.

- Neither CASAS PEPE 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 OFFER

The prices indicated for each booking include the IGIC (Canary Islands General Indirect Tax). These prices, unless expressly stated otherwise, do not include other additional services and annexes to the service purchased.

The prices applicable to each property are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily until the reservation is made.

Any payment made to CASAS PEPE entails the issue of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be given to the USER at the end of the stay and the payment of the contracted services is made. If the USER wishes to receive it by e-mail, he/she must request it by any of the means that the PROVIDER makes available to him/her, informing him/her that he/she may revoke this decision at any time.

For any information regarding the reservation, the USER may contact the CASAS PEPE customer service telephone number +34928762818 or via e-mail at booking@casaspepe.com.

9.FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following methods of payment for a reservation:

- Credit card.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

10. PURCHASING PROCESS

The website has a search system by different parameters to facilitate the choice of accommodation. Types of bookings:

- Booking with immediate confirmation: You can make the booking online 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 e-mail or telephone.

Select the check-in and check-out dates, the number of people staying (adults) and the extra services chosen and add them to the basket. In the basket, only the selected services, the quantity, the price and the total amount will be shown. 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 for its correct formalisation:

- Checking the invoicing details.

- Checking the reservation (dates, services...).

- Selecting the payment method.

- Place the order (purchase).

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 reservation, as well as all the relevant information.

Payment facilities:

Make your booking now and choose between two convenient payment methods to confirm your reservation:

- Full payment of the stay

- Initial payment 30% of the total amount of the stay and the remaining 70% 30 days before your arrival. For this you will be sent a reminder email with instructions on how to make the second payment.

Cancellation fees:

• From today until 60 days before arrival flexible cancellation (less management fees 10 % of the booking).
• From 59 to 30 days before arrival, 30 % of the total amount of the stay.
• From 29 to 15 days before arrival, 50 % of the total amount of the stay.
• From 14 to 7 days before arrival, 70% of the total amount of the stay.
• From 6 days to the day of arrival, 100 % of the total amount of the stay.

11. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, 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.

Where 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.

12. GUARANTEES 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

1. Unless there is evidence to the contrary, it shall be understood that the services are in accordance with the contract provided that they comply with all the requirements expressed below, unless, due to the circumstances of the case, any of them are not applicable:

a) They conform to the description provided by CASAS PEPE.

b) They 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 CASAS PEPE at the time of the conclusion of the contract, provided that the USER 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 CASAS PEPE.

e) CASAS PEPE describes the details, technical features and photographs of the properties provided by the owners of the properties and is not bound by these public statements.

2. The lack of conformity resulting from a service not performed or rendered will be considered as a lack of conformity of the contract, as long as the responsibility for it lies with CASAS PEPE or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or bad practice of the USER, it will not be considered a fault of CASAS PEPE and will be considered in accordance with the terms of the contract.

3. There shall be no liability for non-conformities that the USER knows or could not have been unaware of at the time of entering into the contract or that have their origin in information provided by the USER.

Responsibility of CASAS PEPE

The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation. CASAS PEPE recognises the USER the right to repair the service, to its replacement, to a price reduction and to the termination of the contract.

13. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. CASAS PEPE and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services that are the object of these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting 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, please refer to clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Terms.

+34 928 762 818

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Av. de Bonn, 1, 35100 San Bartolomé de Tirajana, Las Palmas

©2024 Casas Pepe