{"id":86683,"date":"2015-04-23T12:57:21","date_gmt":"2015-04-23T11:57:21","guid":{"rendered":"https:\/\/marbellabanussuites.com\/terms-and-conditions\/"},"modified":"2015-04-23T12:57:21","modified_gmt":"2015-04-23T11:57:21","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/marbellabanussuites.com\/fr\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

TERMS AND CONDITIONS OF THE SERVICE<\/strong><\/p>\n

PROVIDER IDENTIFIER<\/strong>
\n\u2022 Owner: MBS Suites Marbella SL.
\n\u2022 Registered office: C \/ Conjunto Hacienda El Palmeral, Fase 2 15 – Marbella – 29660 (M\u00e1laga)
\n\u2022 CIF \/ NIF: B42810853
\n\u2022 Public Registry: Registered in the Mercantile Registry of Malaga Volume 4913, Folio 1, Section 8, Page 159202, Registration 1.
\n\u2022 Phone: 699297806
\n\u2022 E-mail: info@marbellabanussuites.com<\/p>\n

PURPOSE<\/strong>
\nThis text presents to users and customers the conditions of use and registration that are applicable to https:\/\/www.marbellabanussuites.com\/, and it contains all the rights and obligations of the parties.
\nAll users who visit or access our platform and \/ or who use any of the services that we offer, accept the conditions of use and the privacy policy, as well as the different modifications and \/ or additional legal texts that are included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or if you are not a registered user, you may exit the platform.<\/p>\n

Together with these conditions, each of the services provided may be regulated by specific conditions of use and registration, and it is mandatory in any case for the user to expressly accept these conditions before their use and \/ or contracting.<\/p>\n

ELECTRONIC CONTRACTING OF SERVICES<\/strong><\/p>\n

In accordance with the provisions of article 23 and those that follow it of Act 34\/2002 on information society services and electronic commerce, contracts entered into electronically will produce all the effects provided for by the legal system, as long as both parties agree and this can be accredited.
\nFor these purposes, it will be understood that the monitoring of all the phases of the reservation process and, where appropriate, the payment of the amount due, necessarily implies the provision of the express consent required for contracting the service.
\nIn the same way, and in accordance with the provisions of article 27 of Act 34\/2002 on services of the information society and electronic commerce, all the information related to it is available to the users before the start of the contracting process.
\nThe contracting conditions stated below are directly applicable to reservations and stays made available through the web site https:\/\/www.marbellabanussuites.com\/, unless expressly provided otherwise.<\/p>\n

RESERVATION AND CONTRACTING PROCEDURE<\/strong><\/p>\n

The reservation procedure is carried out completely electronically through our platform, without there ever being a physical presence of the parties and \/ or external physical transaction.
\nAnyone with Internet access can carry out the contract as long as they are over 18 years of age
\nThe phases of the contracting procedure are visible to users throughout the entire contracting procedure. 3 phases can be identified:<\/p>\n

\u2022 User identification.
\n\u2022 Selection of the reservation and payment method.
\n\u2022 Reservation confirmation<\/p>\n

The user only has to select the accommodation and the dates on which they wish to make a reservation and press the confirmation button provided for this purpose. In this way, the contracting procedure will begin, which will always follow the steps described above for all available services.<\/p>\n

Once the establishment has been selected, as well as the number of nights, the applicable taxes, the total price and the method of payment, the platform will show the user a summary of the order, together with the applicable contracting conditions, which in any case must be expressly accepted by the user in order to continue with the contracting process.<\/p>\n

Once the acceptance checkbox for the contracting conditions has been marked, in case of having selected any of the electronic means as payment method, the user will be redirected to the external payment platform to make the payment, where https:\/\/www.marbellabanussuites.com\/have no possibility of accessing the user’s credit card data and \/ or payment systems at any time. The security of the payment procedure is guaranteed by the financial institution.<\/p>\n

Once the service has been hired, the website will display a summary of the purchased services.
\nIf credit card has been selected as the payment method, it will be carried out through the bank’s POS, a platform completely unrelated to and independent from the vendor.
\nWithin a maximum period of 24 hours, the contractor of the service will receive an email with all the information regarding their reservation . This document is the confirmation that the hiring has been carried out successfully, and it is valid as a means of accreditation for any type of claim, as long as proof of the corresponding payment is attached.<\/p>\n

In the confirmation email you will find the exact address of the apartment, contact details, and the rest of the instructions for arrival and departure.
\nThe provider informs the user that all the contracts fwill be registered in a file for the control and management of reservations and contracts, and it will contain the information of the reservation, additional information to guarantee security and evidence of the correct performance of the procedure.<\/p>\n

https:\/\/www.marbellabanussuites.com\/ is not responsible in case of specific failures in the continuity of the service or, where appropriate, for the lack of timely availability of the service.<\/p>\n

In the event that, for reasons beyond our control, the reservations or accommodations are not available after the contract is entered into, from the moment of notification of the incident, the user is empowered to request the provider to terminate this contract and return the amount paid for the services that were not used, which will be duly reimbursed through the same method selected for the initial payment or, where appropriate, by bank transfer.
\nIn the event that any of the content accessible through the platform were contrary to current regulations, we will proceed with its immediate withdrawal, as soon as we acknowledge the situation and corroborate the facts.<\/p>\n

CANCELLATION POLICY<\/strong>
\nStrict<\/strong>
\nA full refund is only possible if the arrival date is at least 30 days away and the cancellation occurs within 48 hours from the time of booking. 50% will be refunded when the cancellation is made at least 29 to 14 days prior to arrival and the cancellation is made within 48 hours from the time of booking. Cancellations made during the days prior to arrival (less than 14 days) are non-refundable.<\/p>\n

RESERVATION OF THE APARTMENT<\/strong>
\nThe entire stay shall be paid in full at the time of booking.
\nBAIL<\/strong><\/p>\n

The guest assumes full responsibility for any damage that may be caused to the rented property and its contents.
\nThe amount of the deposit of 500\u20ac will be used to cover, in addition to the expenses mentioned in the previous paragraph, the following concepts as compensation(1):<\/p>\n

\u2022 Littering: 25\u20ac
\n\u2022 Living dirty plates, cups or cutlery: 25\u20ac
\n\u2022 Losing the key: 75\u20ac
\n\u2022 Smoking inside the building: 70\u20ac
\n\u2022 Entry of more people than indicated in the reservation: 100\u20ac per person and day.
\n\u2022 Throwing parties or doing annoying activitites(2) in the apartment: 100\u20ac
\n\u2022 Leaving after the established check-out time if it doesn\u2019t prevent the next guest from using the service: 50\u20ac per each hour or fraction (except with written authorization).
\n\u2022 Leaving after the established check-out time if it prevents the next guest from using the services: in addition to the above penalty, you will incur expenses for the relocation of the new guest.
\n\u2022 Missing objects: Repurchase cost.
\n\u2022 If the amount of the deposit does not cover the aspects mentioned in the previous points, the guest is personally responsible for covering the difference.
\n\u2022 If there are more guests who assume responsibility for the deposit, they shall sign on the back of this sheet, and enter the same information required of the main guest, making them jointly responsible for the obligations arising from this document.
\n\u2022 The deposit will be refunded on the day of check-out if paid in cash and within 7 days after check-out if another payment method is used.
\n\u2022 The signing of this document implies satisfaction with the state of conservation and cleanliness of the leased property, as well as the proper functioning of all devices and appliances.<\/p>\n

(1) The penalties established may be complemented with the termination of the contract and expulsion from the accommodation, if applicable.(2) Noise above 35dB during the day and 30dB at night.<\/p>\n

ARRIVAL AND DEPARTURE<\/strong>
\nTime of arrival to the apartment: 17:00 to 22:00
\nCheckout: until 11:00 AM
\nDeparture from the apartment<\/p>\n

CLEANING THE APARTMENT<\/strong>
\nCost of cleaning the apartment: 160,00\u20ac<\/p>\n

BEHAVIOR AND RESPONSIBILITIES<\/strong><\/p>\n

Described in Bail and these are the additional rules:
\nNo celebration of any kind of party or event is allowed.
\nSmoking is strictly prohibited.
\nQuiet hours: 22:00 to 10:00 AM.
\nIt is not allowed to exceed the maximum number of guests.<\/p>\n

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS<\/strong><\/p>\n

At https:\/\/www.marbellabanussuites.com\/ we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:<\/p>\n

1. RELATED TO THE ONLINE PLATFORM
\nThe provider guarantees the user that he is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to signing this contract.<\/p>\n

The user expressly acknowledges that the provider holds all right, title and interest on the platform and the IT developments associated with the service, as well as on all its modules, modifications and updates and on any element and \/ or functionality that was developed on it, regardless of whether it has been requested by the user or not. For these purposes, it includes without limitation, the recognition of the ownership of the provider of all copyright, intellectual property, and \/ or industrial rights, and the fact that the provider is able to exploit the platform, without any restriction of a temporary or territorial nature, relative to means of dissemination or modes of exploitation and without limitations other than those established by law.<\/p>\n

The structure, characteristics, codes, working methods, information systems and exchange thereof, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and \/ or may constitute the platform, are the exclusive property of the provider, and they are duly protected by national and international laws of intellectual and \/ or industrial property, and cannot be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the vendor.<\/p>\n

In the same way, all user manuals, texts, graphic drawings, databases, that complement the platform and \/ or the materials associated with it, are the property of the provider, and cannot be subjected to further modification, copying, alteration, reproduction, adaptation or translation by the user.<\/p>\n

The availability of the platform as a service or the mere access by the user does not imply, in any case, the transfer of ownership, or the granting of a right of use in favor of the user other than that expressed in these conditions.<\/p>\n

In order for the user to be able to use the platform, which is the exclusive property of the provider, he grants by virtue of this contract a non-exclusive license of use in favor of the user, for a period of time limited to each connection period, of a spatial scope. unlimited to the extent that it can be accessed from any computer with an Internet connection. The license is non-transferable, revocable and not sublicensable.<\/p>\n

In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative work and \/ or public communication is absolutely prohibited, regardless of the means used for it, where the offending user assumes all direct or indirect responsibilities that could arise from it.
\nFor any aspect that is not expressly recognized in this contract, it will be understood that all rights are reserved for the provider, and written authorization from the provider is necessary to carry it out.<\/p>\n

2. RELATING TO THE CONTENTS AND INFORMATION OF THE USERS<\/strong><\/p>\n

All content and information published or managed by users on the platform are the exclusive property of the user, while https:\/\/www.marbellabanussuites.com\/ is a mere provider of information society services in charge of data storage.
\nThe provider does not receive any type of intellectual property rights from the fact that the user hosts or manages data on its platform, so in no case may the provider treat them for purposes other than those directly related to the provision of the services hired.<\/p>\n

CONFIDENTIALITY AND DATA PROTECTION<\/strong><\/p>\n

In accordance with the provisions of Regulation (EU) 2016\/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons in terms of the processing of personal data and its free movement, all the personal data submitted during the provision of the services will be treated in accordance with the terms stated in the Privacy Policy, which all users must expressly and previously accept in order to register.
\nAny user who accepts these conditions of use, accepts in an informed, express and unequivocal way our Privacy Policy, and can exercise their rights of access, rectification, cancellation and opposition regarding their personal data, which they can act upon as reported in the aforementioned Privacy Policy.<\/p>\n

TEMPORARY CONDITIONS<\/strong><\/p>\n

These conditions will enter into force on the date of contracting the service<\/p>\n

FINANCIAL CONDITIONS<\/strong><\/p>\n

The rates applicable to each of the services offered through the platform will be solely and exclusively those that are published on the online platform, and they are the only valid ones, except for typographical or transcription errors, in which case the provider will work to modify them immediately.<\/p>\n

The provider reserves the right to cancel the contracts entered into from the moment they become effective in the event that it detects the existence of typographical or transcription errors in the price and \/ or taxes applied to the transaction.<\/p>\n

The provider reserves the right to make any type of modification on the rates of each accommodation, and commits to publish them on the platform in a visible way for users. Unless otherwise stated, the modification of rates will not be retroactive.<\/p>\n

The amounts can only be paid by direct debit or by credit card, and the provider does not have access to any bank or credit card information at any time.<\/p>\n

All rates will be increased by the amount corresponding to the taxes in force on the date of issuance of the invoice, and this will be duly reflected in the summary of each purchase.<\/p>\n

CUSTOMER SERVICE<\/strong>
\n\u2022 Hours: Monday to Saturday from 10:00 to 20:00
\n\u2022 Phone: 699297806
\n\u2022 Email: info@marbellabanussuites.com<\/p>\n

TERMINATION OF CONTRACT<\/strong><\/p>\n

This contract may be terminated whenever any of the following circumstances occurs:
\n\u2022 Breach of the obligations set forth in this contract.
\n\u2022 For the course of its duration
\n\u2022 In the event that the due amounts are not paid in accordance with the agreed terms and form. The reservation will be automatically blocked the day after the non-payment occurs. For its reactivation it will only be necessary to make the payment of the corresponding amount.
\n\u2022 The dissolution, liquidation or loss of legal personality.
\n\u2022 Any substantial change or variation of the essential conditions that were indicated in this contract to carry out the execution of this contract.<\/p>\n

EXTRAJUDICIAL RESOLUTION OF DISPUTES<\/strong><\/p>\n

Similarly, under the terms set forth in article 14 of EU Regulation 524\/2013, on consumer dispute resolution, a direct link is provided to the online dispute resolution platform: https: \/\/ec.europa .eu \/ consumers \/ odr \/ main \/ index.cfm<\/p>\n

APPLICABLE LAW AND JURISDICTION<\/strong><\/p>\n

For any controversy or conflict that may arise, derived from these terms or conditions, Spanish Law will apply. The resolution of legal disputes will be submitted to the jurisdiction of the Courts and Tribunals of the user’s or client’s address.<\/p>\n

REV: 07\/05\/2021<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

T\u00c9RMINOS Y CONDICIONES DEL SERVICIO<\/b><\/p>\n

IDENTIFICADOR DEL PRESTADOR<\/p>\n