Legal Notice and General Conditions of Contract
1. Scope of application.
This document establishes and regulates the rules of use of the website https://ww.smnerjarentals.com (hereinafter the "site"), and includes all pages and content owned by Sánchez de las Matas Servicios Imobiliarios S.L. which are accessed through the domain and its subdomains, as well as the general contracting conditions in sales from our online store.
The use of the site attributes the condition of user of the same and implies the acceptance of all the conditions included in this text. The user undertakes to read it carefully each time he intends to use the site, since it may be modified without prior notice and without any type of limitation. The texts can always be reviewed by the user.
The use of our online store, either as a simple visitor or as a registered member, and/or the follow-up of all the steps planned to acquire services through it, as well as your request; implies the full and unreserved adherence of the user to each and every one of the general conditions published on the web.
These Conditions will be applicable from the beginning of the online purchase procedure of the product until the receipt of the shipment, as well as the end of the withdrawal periods and legally established guarantees, as appropriate.
2. Ownership of the website and notifications.
Any notification or contact should be directed to the owner of the website, which is www.smnerjarentals.com
Address: Calle Almirante Ferrandiz, 62 bajo, C.P. 29780, from Nerja.
It is registered in the Mercantile Registry of MÁLAGA T 4008, L 2919, F 114, S 8, H MA 83004, I/A 1 (21.02.06).
3. Intellectual and industrial property.
The intellectual property rights of this site are the property of Sánchez de las Matas Servicios Imobiliarios S.L or of third parties that have authorization. Similarly, all trademarks or distinctive signs contained on the site are protected by law.
The unauthorized use of the information contained on the site, or the unauthorized reproduction, distribution, commercialization or transformation, in whole or in part, of its contents, constitutes an infringement of the intellectual property rights of Sánchez de las Matas Servicios Imobiliarios S.L. The damages caused in the rights of intellectual and industrial property may give rise to the exercise of the actions that legally correspond and, if applicable, to the responsibilities that derive from said exercise.
In the event that the services of our online reservation are susceptible to protection by Intellectual Property, Sánchez de las Matas Servicios Imobiliarios S.L. guarantees to be authorized to manage the acquisition and collection of the product to the consumer.
4. Exclusion of Liability.
The customer must value the content, programs, information and/or advice expressed on this site and make their own purchase or contact decisions. We want to reaffirm that we will put all the appropriate security measures, according to the current state of the art, to prevent third parties from making fraudulent use of the website, but we cannot 100% avoid the existence of certain risks.
Likewise, we will ensure that our content is accurate and unequivocal, avoiding typographical errors that may exist in our offers or services, and if they are detected, they will be modified as soon as possible, notifying customers if they have purchased with any mistake.
We may publish content or services provided by third parties or companies provided that on our part we have made the relevant checks, whose contents are truthful and accurate in accordance with current regulations. In turn, we advise users to act with caution and consult the general conditions of said websites.
Despite the fact that we put all the necessary security measures in place, our responsibility is for the means, not for the results, so we cannot guarantee the absence of viruses or other elements on the web that may cause alterations in your computer system. For this reason, and as we put all the means at our disposal, we decline any contractual or extra-contractual responsibility with the users who make use of the site, and have damages of any nature caused by computer viruses or other elements of any kind: The guilty will be the cause of the attack. If you detect any problem or illegitimate content on our website, please let us know.
Users who send any type of information to Sánchez de las Matas Servicios Imobiliarios S.L. They undertake that it is truthful and that it does not violate any right of third parties or current legislation.
Access will always be free, except for the cost of the connection through the telecommunications network provided by the access provider, contracted by the user.
The use of the site for harmful purposes of goods or interests of Sánchez de las Matas Servicios Imobiliarios S.L. is prohibited. or of third parties or that in any other way overload, damage or disable our networks, servers and other computer equipment (hardware) or computer products and applications (software); or those of third parties.
If the user is aware that the linked sites refer to pages whose content or services are illegal, harmful, degrading, violent or contrary to morality; We would appreciate it if you let us know.
6. Price, form of payment, and supporting documentation:
The price of the products is defined in Euros, and will be established on the corresponding pages of the Site for each product, being valid for as long as they remain accessible on the website.
The reservation prices include the normal consumption of water, electricity, gas (unless otherwise specified or in long-term rental stays in winter, from November to March, for 4 weeks or more), bed linen and towels. , and cleaning on arrival.
The form of payment of the good will be through credit card, bank transfer, payment at our office located at the address indicated in point 2. The applicable taxes are understood to be included in the price of the product.
If payment is made by credit card, the charge 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 general, Sánchez de las Matas Servicios Imobiliarios S.L. will send by email confirmation of receipt of payment via email.
7. Reserves and responsibility.
Through the portal, consumers or users can make reservations. Our services are categorized, and the information available on their characteristics and price appears on the screen; and one or several descriptive photographs. Before making the reservation, the user must check it and assess whether it suits their needs. In addition, the user must be at least 18 years of age, provide the necessary data and accept these Conditions.
The client will be asked for their personal information with fields with an asterisk, which are mandatory to make a correct reservation. Prior registration is not necessary for the client who wishes to stay in one of our offered homes.
The prior registration of the owners of the homes that are offered on our platform will be necessary.
The fact that the user completes the reservation form does not imply the automatic acceptance of the order by Sánchez de las Matas Servicios Imobiliarios S.L., but it will be understood that he accepts it when an email acknowledging the request is sent. .
To complete the purchase process, you must click on the "confirm" button (or a similar expression), which entails the purchase with an obligation to pay.
If there are help pages during the process, these will give the customer extra information about the purchase process.
Sánchez de las Matas Real Estate Services S.L. We will not be liable for inaccurate or erroneous posting when caused by events or circumstances beyond our control, including, but not limited to, government action, fire, flood, insurrection, earthquake, technical failure, hacking, riot, explosion , embargo, legal or illegal strike, shortage of personnel or material, interruption of transportation of any kind, delay in work, or any other circumstance.
For reasons beyond the organization SM Servicios Inmobiliarios reserves the right to replace the property with another of similar characteristics when circumstances so require or an overbooking occurs in the accommodation. In the event that the client does not accept the alternative offered, the amounts paid will be disbursed.
8. Reservation procedure:
The client must follow the instructions on the screen by filling in the fields until the agreed room and date appear, without any commitment to purchase. You can view the reservation or delete it. You can change the dates, the days of stay, the room, the currency or the language.
In the same search, the web will guide you with notices, such as those related to minimum stays.
If you wish to continue with the reservation, you must select the room or the apartment, and press the "PAY" button or similar expression. You can add different complementary services.
Subsequently, a field will appear to fill in your personal data, and after inserting your credit card, to complete the reservation process you must accept the Legal Notice and conditions, as well as the particular conditions, typical of the chosen reservation format (the most outstanding will appear in a dropdown) and click on the "CONFIRM" button (or a similar expression), which entails the purchase with an obligation to pay and which will confirm your purchase.
When a reservation is formalized, and once the payment has been received and verified, we will confirm the acceptance of the reservation by email within a maximum period of 24 hours from the confirmation.
The establishment will charge 100% of the first night.
The contract ends once you leave the hotel. The reservation is formalized at the time you arrive at the Hotel. The guarantees and data will be kept for legal and/or commercial reasons, if you accepted or requested the latter.
For any additional information about your reservation or billing, you can contact Customer Service, or at the address provided at the beginning of this text.
9. Online and physical check-in:
Once you make the reservation, you can do the Check-in process online from our website or our App at any time, for this, you have to enter your identification and payment data, as well as accept it. To guarantee and speed up the check-in process, the image of the identity document or selfie is required from the client. The images of the identity documents and selfie will be deleted on the day of departure from the accommodation. However, if the client does not want to check-in online, they can go to our work office located at the address reflected in point 2 in order to check the data included in the reservation and carry out the physical check-in.
Remember that it is mandatory to bring and show your ID to be able to stay, and your card to be able to make payments, in addition to the photo of your signature, through the trackpad to scan it.
10. Specific terms and conditions:
Prices are quoted and will be charged in Euros, VAT included.
These prices are subject to availability and can be modified if you do not book now.
In special offers and on some specific dates a minimum stay may be required.
For the reservation it is essential to enter the credit card details of the reservation holder.
THE ESTABLISHMENT WILL CHARGE 100% OF THE FIRST NIGHT AT THE TIME OF RECEIVING THE RESERVATION TO YOUR CREDIT CARD.
The minimum stay in any of our apartments or houses will be 5 nights in low season (from November to April) and 7 nights in high season (from May to October).
The accommodations may be occupied from 4:00 p.m. on the day of arrival and the apartments must be vacated before 10:00 a.m. on the day of departure, unless the parties agree otherwise.
The client must pay 40% in advance and the rest of the reservation within 7 days before the date of arrival of the guests. In case of cancellations, the deposit delivered is not returned and if they are not finally presented on the scheduled date, they lose the right to a refund of the amount paid.
It is not possible to change the reserved accommodation, since each of them is independent. In the event that you need to change accommodation, the client must cancel the confirmed reservation, taking advantage of the cancellation conditions detailed above and make a new reservation.
More amounts can be charged once at the hotel depending on your consumption. Don't forget to bring the card with you.
No cancellations or modifications are made through the web. In such cases, please contact us directly through the telephone number provided in point 2 of these conditions.
11. Obligations of the user.
The commercial use of services with a registered trademark is expressly prohibited, unless expressly authorized by Sánchez de las Matas Servicios Imobiliarios S.L. or the owner of the Trademark.
The user is obliged to pay the price of the product and to make use of it in accordance with the law and these general conditions.
The key collection of the corresponding apartment will take place at the Hotel Nerja Club, on Avenida de Pescia (reception open 24 hours).
The client is solely responsible for communicating the number of places to be occupied in the accommodation, without omitting children, whatever their age. Otherwise, the administration reserves the legal right not to allow the entry of undeclared persons, or to evict them, without any claim for this reason.
Before leaving, the client is obliged to leave the accommodation in the same conditions in which he entered and to comply with the obligations established by the community of owners of the building in which the accommodation is located.
As a general rule, animals are not allowed, unless otherwise specified and always under a deposit of €100, which will be returned upon departure if everything is correct.
The owner of the home registered on our platform is obliged to keep your password confidential and to notify us immediately of your suspicion of any unauthorized use of your account or access to your password.
12. Obligations of Sánchez de las Matas Servicios Imobiliarios S.L.
It undertakes to make the necessary information regarding the services available to the user, and once the purchase has been made, to send a check via email, which shows receipt of the order made, and confirmation of payment.
Likewise, an invoice will be prepared that will be provided to the consumer by email indicated by the client himself or may be provided on paper if required in the office itself.
You hire accommodation services for purposes other than housing, with a contract that provides for a specific date or period of execution, therefore, there is no right of withdrawal. This is regulated in article 103 letter i) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.
The user will be absolutely responsible for the use made of the purchased services, and exonerates us from the responsibility derived from any damage that could be caused by incorrect use. Specifically, you 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 performed in a manner different from what is stated in the indications or instructions regarding the operation and use of the product.
• The certainty, accuracy, validity and timeliness of the data with which you fill in each of the forms that we require on the web.
• The direct or indirect damages that have been caused by any third party if the user lost, disclosed, neglected or, in any way, let a third party know for attributable reasons their personal data necessary for contracting the product.
15. Power to deny the request.
Sánchez de las Matas Real Estate Services S.L. ww.smnerjarentals.com reserves the right to not allow the reservation, when it considers that current regulations, general conditions, morality, generally accepted customs, public order are violated; when a third party is harmed, or when for reasons derived from the image and reputation of the website it does not consider it appropriate. In this case, if the payment had been made, it will be returned.
16. Information and modification.
Sánchez de las Matas Real Estate Services S.L. has exposed this text to the generality of the possible interested parties, before they could contract the services, complying with the previous information.
The temporary validity of this condition coincides with the time of its exposure, until the moment in which the terms and conditions stipulated herein are unilaterally modified in whole or in part, the user being obliged to consult our General Conditions of Contract and particulars of the services. every time you access our online store.
If any clause is declared null, it will be considered as not set without affecting the rest of the conditions.
17. Assignment and subrogation.
18. Termination and Termination.
This contract will be terminated when both parties comply with the obligations to which they commit themselves in it or when it is terminated by any of them if any of the causes provided for termination occurs, or if the counterpart seriously fails to comply with any of the obligations established in the contract.
19. Applicable law, jurisdiction and validity.
This Legal Notice and the General Conditions of Contract is established in the Castilian-Spanish language, and is governed in each of its extremes, by Spanish legislation.
As a consumer you are protected, and you can claim or sue from your home address.
Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Nerja (Spain), in the following cases:
• That the purchasing party is domiciled outside the European Union and in said country there is no bilateral or multilateral agreement with Spain that prevents the possibility of establishing the express submission of jurisdiction;
• If it is a sale made by a company acting within the framework of its business or professional activity.
20. Online Dispute Resolution.
According to the provisions of EU Regulation 524/2013 on online dispute resolution in consumer matters (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 for goods and services in the EU.
EU ODR (Online Dispute Resolution) platform: http://ec.europa.eu/consumers/odr/
21. Document Download:
You can download this text here