TERMS AND CONDITIONS
This agreement regulates the terms and conditions of the booking services for the "CANOVAS Holiday Rentals" accommodations.
"The Client" acknowledges having sufficient legal capacity to bind itself contractually.
This contract is permanently accessible in the General Terms and Conditions section of our website.
1. – PRICES
In consideration for the reserved property, "The Client" agrees to pay expressly to "CANOVAS Holiday Rentals" the price reflected on the website at the time of the booking of the selected property, days of stay and services chosen.
Once the property, the number of days and the services have been selected, and prior to the confirmation of the reservation, the final price of the booking, including VAT (Value Added Tax) will appear on the screen.
Any other services that are not specified in the description as included will be excluded.
The amount related to the rental agreement will be shown in Euros. Any price displayed in a currency other than Euros will be for information purposes only and should not be considered as accurate or updated in real time, since the exchange rates may vary.
2. – BOOKING PROCESS
Orders through this website can only be made by individuals 18 years of age or older or legal companies. The different accommodations are shown and described on the website individually. The procedure to make and manage a reservation is indicated on the website and only the following steps are necessary:
* Choose the accommodation, and indicate the length of stay and number of people.
* If you wish, select any additional services offered.
* If you have a discount coupon, you can enter it in the section: ´Do you have a promotional code?´ Click on that link and a box will open to enter the coupon code. Remember to click on the apply button.
* Once the booking has been processed you must click on the general terms and conditions reading and acceptance box. We ask you to please take a few minutes to read through this document. We will be at your entire disposition to clarify anything you need about this document.
* You must confirm the reservation by pressing the "Reserve" button. * At this time you will be redirected to the electronic payment gateway of CAIXABANK. To make the payment you must use a credit / debit card. This website has an encryption SSL (Secure Sockets Layers) and 3Dsecure, where you are ensured of the confidentially and security of the data of your card. For the operation to be effective, the card must be valid, in addition to being authorized for online purchases. Because of security reasons, you may receive a SMS with a code on the phone that is linked to your card and that code must be entered when the system requests it, so you must also have your mobile phone at hand.
3. – PAYMENT TERMS AND CONDITIONS
"The Client" may make his reservation through the "CANOVAS Holiday Rentals" website. When making the reservation, the client accepts and commits to the full payment in advance of the reservation for the chosen accommodation. The payment will be divided in two at no additional cost:
• The first payment of 20% of the total amount will be paid by credit/ debit card at the time of booking.
• The second payment of the remaining 80% will be made 14 days before the check-in of the reserved accommodation. All payments, as explained in point 2, are made by debit / credit card, through the secure payment gateway of CaixaBank.
To make the 2nd payment of the booking, "The Client" will receive an email with the details of the reservation and a link, which redirects them to a page where they must enter the information of their reservation and the outstanding amount. Once this information is introduced the secure payment gateway of CaixaBank will open, and they can safely and confidentially enter their credit card information.
This formula will also be applicable for the payment of the security deposit. Expanded information about the security deposit is detailed in point 4 of this document.
In case that the reservation is made by telephone, by email, or through our network of agents or partners, "CANOVAS Holiday Rentals" reserves the right to cancel the reservation if the aforementioned payment of 20% has not been confirmed within 24 hours after the booking.
If the reservation is made within 30 days or less before the start date of the booking, "The Customer" must pay the full amount of the booking in advance at the time of reservation.
4. – SECURITY DEPOSIT
The security deposit will be paid by credit or debit card, 30 days before the “Client´s” arrival. For this payment “The Client” will receive an email with a link. In this link they must enter the details of the reservation, as well as the amount of the deposit (this amount will be also detailed in the email they will receive). The security deposit acts as a guarantee in case of any damage to the accommodation and/or its contents. The amount of the security deposit will be determined by "CANOVAS Holiday Rentals".
In case there is no damage to the property, the refund of this security deposit will be made within 14 days after the client leaves the rental property. The refund will be made by the same means that the payment was made.
In the case of any damage to the property, this deposit will be retained and the amount of any damages caused to the property and/or to its fixtures, fittings or furnishings as well as the loss of keys or remote controls will be deducted. If the amount of the deposit does not cover the damage, "The Client" must pay the difference between the cost of the repair /replacement and the security deposit.
5. – BOOKING FOLLOW UP
In order to stay informed at all times of the status of the reservation, the client will receive a confirmation notice by email at the address indicated on the reservation form.
Also, "The Client" can check the status of their reservation by calling +34 952 14 04 or by sending an email to firstname.lastname@example.org or to email@example.com.
6. – PROPERTY CHECK-IN AND CHECK-OUT
Check-ins must be made from 16:00 to 20:00. Requests for different times can be made at the time of the reservation or 48 hours prior to check-in; by sending an email to firstname.lastname@example.org (this service carries a supplement). Check-out must be completed before 10:00 am. "The Client" may request a late check-out with prior written confirmation from "CANOVAS Holiday Rentals". In this case they must pay an amount that will vary depending on the number of extra occupancy hours. "CANOVAS Holiday Rentals" will duly inform "The Client" about the delivery and collection of the keys to the property.
In the event that for reasons beyond "CANOVAS Holiday Rentals", "The Client" cannot occupy the property on the agreed check-ins (or early check-in or late check-out), no refund will be made.
If "The Client" wishes to extend their stay, they must request it to the reservations office as soon as possible; this request will be confirmed or denied depending on the availability of accommodations by "CANOVAS Holiday Rentals".
7. - CANCELLATION POLICY
"The Client" must be aware that the cancellation policy is always strict. This means that, although the customer can cancel their reservation at any time, total refunds may not be payable.
To clarify this point: "The Client" may cancel the reservation prior to the start date of the booking, with the following penalties:
• From the date of confirmation up to 30 days before the beginning of the booking, 20% of the total amount.
• From the 30th day prior to the start date of the booking, 100% of the total amount.
• In case of a NON-REFUNDABLE rate, due to offers or promotions with added discounts, the penalty will be 100% from the time of booking.
In case of "no show" (if you do not show up) "CANOVAS Holiday Rentals" will charge the entire reservation as a penalty fee.
If you are arriving late or late on the day of check-in or if you arrive the next day, be sure to communicate (promptly and in due time) to "CANOVAS Holiday Rentals", so we know when you will arrive and thus prevent us from canceling your stay. reservation.
"Grace period": We contemplate the possibility of making a free cancellation within 4 hours after booking. To confirm the cancellation, the client must state it in writing, by sending an email to email@example.com requesting cancellation. Only the requests received from the same e-mail from which the reservation was made will be considered valid.
The cancellation will be considered effective from the moment that "CANOVAS Holiday Rentals" or their agents have received it in writing.
8. - CLIENT´S OBLIGATIONS
The number of people with access to the booked property will be those included in the contract or reservation confirmation, including children or babies. "CANOVAS" Holiday Rentals” could deny access to the property if the confirmed number of people is exceeded.
At the end of the stay "The Client" must leave the premises in the same state of order and cleanliness as at the time of check-in (as a guideline: clean dishes should be placed in the corresponding shelves, refrigerator without food debris, garbage deposited in the corresponding containers, etc.), even if the cleaning was included in the price of the booking or a final cleaning had been hired.
"CANOVAS Holiday Rentals" reserves the right, in case of breach of the above, to deduct from the security deposit the amount necessary for extra cleaning expenses.
"The Client" is obliged to respect the rules of coexistence with the rest of the neighbours of the property where the house is located, as well as the Community Rules. In the event that these rules are not respected or “The Client” incurs in inappropriate behaviour, both the property and "CANOVAS Holiday Rentals" reserve the right to cancel the booking with immediate effect and without prior notice, without any obligation to refund the amount paid for the booking.
9. - COMPLAINTS
"CANOVAS Holiday Rentals" strictly controls the state of every property. In case of any faults in the accommodation, "The Client" must notify immediately (by phone (+34) 952 52 14 04 or E-Mail: firstname.lastname@example.org , within a maximum of 24 hours after accessing the property or after the defect or damage occurs, "CANOVAS Holiday Rentals" will not be held responsible of any claim that has not been raised within these terms.
10. - RESPONSIBILIES ATTIBUTABLE TO CANOVAS HOLIDAY RENTALS
If the reserved property has serious deficiencies that prevent its normal use, "CANOVAS Holiday Rentals" is committed to find an alternative solution with similar characteristics and price. If this is not feasible due to the lack of available accommodations or because "The Client" rejects the offered alternatives, the proportional part of the total of the booking will be reimbursed based on the time that the accommodation has been enjoyed, "CANOVAS Holiday Rentals" will not be attributable of any other additional responsibilities.
“CANOVAS Holiday Rentals" will not assume any responsibility in the following cases:
a) Negligence or omission of services attributable to third parties.
b) Faults or incorrect operation of swimming pools, playgrounds for children and sports facilities of any kind. The use of these facilities falls strictly under the responsibility of the user.
c) Insects, pests in the property or its grounds.
d) Robbery or theft from the home.
e) Damage to people or things caused by majeure force or unforeseen events in which "CANOVAS Holiday Rentals" and its representatives cannot respond, such as wars, natural disasters, pollution, drought, unusual weather conditions, epidemics, closing of borders, traffic conditions, cessation of currency trading, technical failures, business closure or similar cases of majeure force, which could not have been foreseen at the time of the rental agreement.
f) Temporary suspensions of local services, such as electricity, water, internet, TV, gas, etc.
g) Inconveniences caused by neighbour´s disturbances of any type and at any time. In the area where the holiday home is located, "The Client" may be exposed to noise from construction, traffic or similar. “CANOVAS Holiday Rentals" is not responsible for disturbances caused by noise.
h) Unavailability of any general service, television, swimming pools, Wi-Fi, etc.
i) Damage caused by misuse of household appliances: washing machine, dishwasher, boiler, coffee maker, heater, etc.
j) Non-availability of the swimming pools, the usual period is from May to October. Availability will depend on the building´s community. "The Client" is obliged, for security reasons, to use common sense and follow the instructions provided by the community regarding its use. "The Client" is responsible for the use of the pool, and "CANOVAS Holiday Rentals" cannot be held responsible in case of accidents that occur during the use of the swimming pool or its surroundings. Children may not stay in the pool area without adult supervision.
Therefore, the responsibility of "CANOVAS Holiday Rentals" is limited to its function as intermediary, not assuming any of the responsibilities that legally correspond to the property in the holiday rentals terms. In any case, "The Client" accepts that the financial responsibility of "CANOVAS Holiday Rentals" for any moral damages that may be caused as a consequence of its intermediation will be limited to the total amount paid for the booking.
11. - NOTIFICATIONS
All notifications between the parties will preferably be made through email. "The Client" is responsible for the confirmation of receipt of notifications and to inform "CANOVAS Holiday Rentals" of any modification on the personal data, being this one exonerated of any responsibility derived by this circumstance. In case of any modification "The Client" must inform "CANOVAS Holiday Rentals" in writing via e-mail indicated on our website.
In compliance with article 21 of the Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform you that our commercial marketing and information regarding our website and the products offered therein, will be made by email to the e-mail address that you provide, always with a revocable nature. You have the option to reject our commercial communications by sending an email to the address: email@example.com indicating the word BAJA in the subject.
12. - ACEPTANCE AND VALIDITY OF THE CONTRACT
"The Client" acknowledges that he / she has understood all the information regarding the services offered on our website, as well as the conditions and stipulations contained in this electronic contract, and affirms that they are sufficient for any error exclusion in the acceptance of the present contract, and, therefore, accepts them integrally and expressly.
"The Client" is fully aware that the acceptance and execution of this contract will take place by providing their data and pressing the "Reserve" button on our website.
13. - APPLICABLE REGULATIONS
This contract has a commercial nature, and will be governed by and construed in accordance with Spanish laws. In the event of any type of discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the parties shall submit to the courts of Málaga.
14. - PERSONAL DATA
In accordance with the provisions of the Organic Law 15/1999, "The Client" is informed that their personal data will be incorporated into the personal data file of "CANOVAS Holiday Rentals", and he/she may exercise the rights that are recognized under LOPD (Law for protection of personal data).
INFORMACION PROTECCION DE DATOS
Plg. Rodríguez Acosta 3, L1. Nerja. C.P. 29780. Málaga
Tl. 952 521 404 firstname.lastname@example.org
Gestión de arrendatarios, facturación, contabilidad y prospección comercial así como otras tareas administrativas necesarias para la relación contractual establecida
Consentimiento del interesado.
Ejecución de la solicitud de un contrato.
Plazo de conservación
Se conservarán durante el tiempo necesario para cumplir con la finalidad para la que se recabaron y para determinar las posibles responsabilidades que se pudieran derivar de dicha finalidad y del tratamiento de los datos. Será de aplicación lo dispuesto en la normativa de archivos y documentación.
No se realizaran transferencias internacionales de datos, ni se cederán datos a terceros, salvo para el cumplimiento de las obligaciones legales.
Acceder, rectificar y suprimir los datos, solicitar la portabilidad de los mismos, oponerse al tratamiento y solicitar la limitación de éste, puede ejercer los anteriores derechos enviando su solicitud a la dirección anteriormente indicada.
Puede presentar una reclamación dirigida a la AGPD, mediante la sede electrónica de la Autoridad (https://sedeagpd.gob.es/sede-electronica-web/) o por medios no electrónicos
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