General contracting conditions
This contractual document shall govern the contracting of accommodation bookings through the website [https://www.siestamar.com], owned by SIESTA MAR SL, under the trademark SIESTA MAR, hereinafter referred to as the PROVIDER, whose contact details are also included 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 be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant 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 accommodation booking service contracted by the USER is SIESTA MAR SL, with registered office at Calle Las Margaritas, Nº41, 07840 Santa Eulalia Del Rio (Illes Balears), NIF B28312684 and customer/USER service telephone number 971330863.
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 for the use and custody, and is responsible for the veracity of the personal data provided to SIESTA MAR.
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 booking 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.
Contracting 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 username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform SIESTA MAR 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, 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 terms and conditions.
- Activation of reservations.
- Right of withdrawal (cancellations).
- Complaints and online dispute resolution.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and period of validity of the tender.
- Transport costs.
- Method of payment, costs and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction
1. General terms and conditions.
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
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 appartment or house he/she is interested in and immediately make the online payment of 50% of the rental price or, failing that, he/she can make a bank transfer within a maximum period of 24 hours.
The PROVIDER will not reserve the accommodation until it has verified that the payment has been made. Once payment has been verified, the PROVIDER will contact you by email to confirm the booking. This term is understood as long as availability has been confirmed.
Deposits
SIESTA MAR has three types of deposit ranging from 200€ to 500€. In case the tenants are a group of young people, they must pay 50 € per person with a minimum of 250 €.
The deposit must be paid in cash at the time of check-in. On leaving the accommodation, after inspection, it will also be returned in cash.
In the event of any damage to the accommodation, this will be deducted from the deposit.
Failure to execute the contract remotely
In the event that the contract cannot be executed because the accommodation is not available within 30 days, 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.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the full amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
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.
3. CANCELLATIONS (right of withdrawal)
Cancellation form: https://siestamar.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 number using the form provided for this purpose, or by e-mail to info@siestamar.com, indicating the corresponding invoice or reservation number. In the event of a refund, the USER may be penalised for the concepts indicated below:
– If the reservation is cancelled before 7 days prior to the date of arrival, the PROVIDER will refund the client 100% of his reservation.
– If the reservation is cancelled after 7 days prior to the arrival date, the total amount of the reservation (100%) will not be refunded.
4. COMPLAINTS AND ONLINE 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:
SIESTA MAR Calle Las Margaritas, Nº41,
07840 Santa Eulalia Del Rio (Illes Balears)
Telephone:((0034) 971330863
E-mail: info@siestamar.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 full amount paid.
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and SIESTA MAR, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Organism, which acts as an intermediary between the two. This organism 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 will be delayed until the force majeure event ceases.
COVID-19: If the USER is unable to travel to the booked accommodation due to mobility restrictions or any other reason related to the consolidated rules in the COVID-19 code, he/she will have the possibility to use his/her booking within the current year or on a new date proposed by the PROVIDER.
6. JURISDICTION
The USER may not assign, transfer or transfer the contracted rights, responsibilities and obligations.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest 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 accepts these General Conditions in their entirety.
7.GENERALITIES OF 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 SIESTA MAR shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SIESTA MAR or stipulated herein shall have effect, unless expressly agreed in writing signed by SIESTA MAR, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, SIESTA MAR 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.
Arrivals and departures
Check-in: The key collection timetable is from 09:00 to 17:00 from Monday till Friday at our offices in Calle Las Margaritas, Nº41, 07840 Santa Eulalia Del Rio (Illes Balears). Outside these hours you will have the keys in an assigned mailbox with a code to open it.
- Accommodation will not be available before 15:00.
- If you arrive earlier, you can phone and leave your luggage at reception.
- You must leave the flat before 10:00 noon.
On arrival at reception and in accordance with current legislation, the USER must hand in the booking form and all occupants of the accommodation will be identified.
On the day of arrival or the following day, the identification documents must be presented and the tourist tax of 2,20 € per day of stay and person over 16 years old, with a maximum of 7 days (Law 5/2012 of 20/3/12. D.O.G.C. núm. 6094 of 23/03/12) and the security deposit must be paid. You can pay by credit card or cash.
The accommodation is delivered clean and with all utensils and kitchenware. Bath towels and sheets per person are included in the rental price.
Departures: Departure time from the accommodation is before 10:00. The keys will be left at reception once you leave the flat.
At the agreed check-out time, the tenants must be ready to leave the accommodation with their bags packed and the flat clean and tidy.
Extra services
If the USER is interested in hiring an extra service, he/she must do so at the time of booking:
Weekly extra cleaning.
– 1 bedroom accommodation: 50,00 €.
– 2 bedroom accommodation: 60,00 €.
Cot
The cot rental is 30,00 €.
Baby chair
Baby chair rental is 45,00 €.
Folding bed
The extra bed rental is 25,00 €/day.
There are accommodations where pets are allowed, for their authorization you must inform SIESTA MAR at the time of booking.
Responsibilities of the client
– The USER undertakes to respect the rules of the Community. During the hours of rest from 22:00 to 9:00, it is not allowed to use the accommodation for party celebrations or to make noise. Under no circumstances is it permitted to occupy the accommodation by more people than those established in its maximum capacity.
– The use of electricity and water must be rational.
– It is forbidden to hang towels and clothes on the 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. on 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 type of compensation.
– Neither SIESTA MAR nor the owner shall be liable for any direct or indirect damage that may be caused as a result of 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 are inclusive of Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance, shipping costs, handling, packaging, or any 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 SIESTA MAR involves 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 delivered to the USER at the end of the rental and payment of the contracted services is made. The invoice can be downloaded in PDF format 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 may contact the SIESTA MAR customer service telephone number 971330863 or via e-mail at info@siestamar.com.
9. TRANSPORT COSTS
There are no transport costs.
10. METHOD OF PAYMENT,COST AND DISCOUNTS
The PROVIDER is responsible for the payment transactions and offers the following methods of payment for an order:
– Bank transfer
– Credit card
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, 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).
11. PURCHASING PROCESS
The website has a search system by different parameters to facilitate the choice of accommodation. Types of bookings:
– Booking with immediate confirmation: Minimum price of the service stipulated on the website. You will be able to 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 children) and the extra services chosen and add them to the basket. In the basket, you will only see the selected services, the quantity, the price and the total amount. 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:
- – Verification of the invoicing data.
- – Checking the reservation (dates, services…).
- – Selection of the payment method.
- – Placing 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 booking, as well as all the relevant information.
From the Online Booking section, the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property can be consulted.
12. DISSOCIATION 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.
13. 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 the services with the contract
- Unless there is evidence to the contrary, it shall be understood that the services are in accordance with the contract provided that they meet all the requirements set out below, unless, due to the circumstances of the case, one of them is not applicable:
- a) They conform to the description provided by SIESTA MAR.
- 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 this has been made known to SIESTA MAR 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 client can reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by SIESTA MAR.
- e) SIESTA MAR describes the details, technical characteristics and photographs of the properties provided by the property owners, so that it is not bound by these public statements.
- The lack of conformity resulting from a service not performed or rendered shall be considered as a lack of conformity with the contract, provided that the responsibility for it lies with SIESTA MAR or under its responsibility; on the other hand, when the service not performed or rendered is due to negligence or malpractice of the USER, it shall not be considered a fault of SIESTA MAR and shall be considered in accordance with the terms of the contract.
- 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 originate from information provided by the USER.
Responsibility of SIESTA MAR
The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation. SIESTA MAR recognises the USER’s right to repair the service, to its replacement, to a price reduction and to the termination of the contract.
Repair and replacement of the accommodation service
- If the hosting service does not comply with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER informs SIESTA MAR of the option chosen, both parties must comply. This decision by the USER is understood to be without prejudice to the provisions in cases where the repair or replacement fails to bring the service into conformity with the contract.
- Any form of remedy that imposes costs on SIESTA MAR 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 be carried out in accordance with the following rules:
– The necessary costs incurred to remedy the non-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 their purpose for the USER.
– If, once the repairs have been completed and the property has been delivered, it still does not comply 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 be applicable, 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.
Termination shall not be applicable when the lack of conformity is of minor importance.
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 there is proof to the contrary, delivery is understood to have been made on the day shown on the reservation.
The USER must inform SIESTA MAR of the lack of conformity at the time when he/she becomes aware of it or, at the latest, at the end of the stay.
Unless there is proof to the contrary, it will be understood that the USER’s communication has taken place within the established period.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be regulated or interpreted in accordance with Spanish law in all matters not expressly established. SIESTA MAR 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 to the Dispute Resolution Entity 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.