GENERAL CONTRACT CONDITIONS

This contractual document will govern the contracting of accommodation reservations through the website www.villaspuertorubicon.com/es/index.html, property of INMOBILIARIA PUERTO RUBICON S.L., under the commercial brand of VILLAS PUERTO RUBICON, hereinafter, PROVIDER, whose data Contact information is also included in the Legal Notice of this Website.

These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.

The contracts will 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 means that the USER:

• You have read, understand and understand what is stated here.
• It is a person with sufficient capacity to hire.
• Assume all 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 and knows 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 reservation service contracted by the USER is INMOBILIARIA PUERTO RUBICON S.L., with registered office at C LA CALERA, 11. URB. CASTILLO DEL ÁGUILA, 35580 PLAYA BLANCA, LANZAROTE (Las Palmas), NIF B35766633 and with customer/USER service telephone number 928519178.

And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to VILLAS PUERTO RUBICON.

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online contracting process, the rental of properties for temporary accommodation.

The contractual relationship of accommodation reservation involves the rental of the chosen property, for a limited time, in exchange for a determined price publicly displayed through the website. Extra services must be contracted at the time of booking.

Hiring 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 April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to inform VILLAS PUERTO RUBICON of the loss or theft of the same or of possible access by a unauthorized third party, so that it proceeds to immediate blocking.

Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, making a reservation with the PROVIDER will imply 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 inform the USER in advance about the procedure that must be followed to make the trip reservation.

The automatic system for calculating availability and prices allows the USER to choose the apartment or house that interests them and immediately make the online payment of 40% of the rental price or, failing that, they can make a bank transfer within a maximum period of 48 hours.

THE PROVIDER will not reserve the accommodation until it has verified that payment has been made. Once payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.

Bail bonds

VILLAS PUERTO RUBICON has three types of deposit ranging from €200 to €500. If the tenants are a group of young people, they must pay €50 per person with a minimum of €250.

Payment of the deposit will be made in cash at the time of accessing the accommodation. Upon departure from the accommodation, after inspection, it will also be returned in cash.

In the event that there are damages to the accommodation, they will be deducted from the deposit.

Failure to execute the remote contract

If the contract cannot be executed because the accommodation is not available within the expected period of 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 without any cost, and without resulting in any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

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

3. CANCELLATIONS (right of withdrawal)

Withdrawal form: https://www.villaspuertorubicon.com/es/index.html/formulario-solicitud-desistimiento.pdf

The USER has the same rights and deadlines to proceed with the cancellation and/or claim any possible defects or defects that the reservation presents, both online and offline.

Any cancellation must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to COMERCIAL@PUERTORUBICON.COM, indicating the corresponding invoice or reservation number. In the event of a refund of the amount, the USER could be penalized for the concepts indicated below:

– If the reservation is canceled before 30 days prior to the arrival date, the PROVIDER will return 50% of their reservation to the client.

– If the reservation is canceled after 30 days prior to the arrival date, the total amount of the reservation (100%) will not be refunded.

4. CLAIMS AND DISPUTE RESOLUTION ONLINE

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

VILLAS PUERTO RUBICON
C LA CALERA, 11. URB. CASTILLO DEL AGUILA, 35580 PLAYA BLANCA, LANZAROTE (Las Palmas)
Telephone: 928519178
Email: COMERCIAL@PUERTORUBICON.COM

If during the rental period any breakdown occurs in the electrical installations or devices, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another one with the same characteristics. In the event of no accommodation availability, the PROVIDER will refund the total amount delivered.

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 the resolution of online conflicts between the USER and VILLAS PUERTO RUBICON, without the need to resort to the courts of law, through intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

COVID-19: If, due to mobility restrictions or another reason referring to the rules consolidated in the COVID-19 code, the USER cannot travel to the reserved accommodation, they will have the possibility of using their reservation until ……………… or a new proposed date by the PROVIDER.

6. COMPETENCE

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

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7. GENERALITIES OF THE OFFER

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

All sales and deliveries made by VILLAS PUERTO RUBICON will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of VILLAS PUERTO RUBICON or stipulated herein will have effect, unless expressly agreed in writing signed by VILLAS PUERTO RUBICON, in which case, these particular agreements will prevail.

Given the continuous technical advances and product improvements, VILLAS PUERTO RUBICON reserves the right to modify its specifications with respect to the information provided in its advertising, until 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.

Entries and exits

Check-ins and check-outs are on Saturdays.

Entries: Key collection hours are from 5:00 p.m. to 8:00 p.m. at our offices at C LA CALERA, 11. URB. CASTILLO DEL ÁGUILA, 35580 PLAYA BLANCA, LANZAROTE (Las Palmas).

• Before 17:00 the accommodation will not be available.
• If you arrive earlier, you can call by phone and leave your luggage at the agency.
• For arrivals from 20:30 until 24:00, there will be an additional cost of €70.00.
• Arrivals later than 24:00 are not accepted; These will be left until 8:00 in the morning of the next day.

Upon arrival at the agency and in accordance with current legislation, the USER must submit the reservation form and all occupants of the accommodation will be identified.

Next, the USER will sign a rental contract and pay the remaining 60% of the rent plus €20.00 management fees and the tourist tax of €0.50 per day of stay and person over 16 years of age, with a maximum of 7 days. (Law 5/2012 of 3/20/12. D.O.G.C. no. 6094 of 03/23/12) and the bond. You can pay with credit card or cash. The deposit will always be in 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: Check-out time from the accommodations is from 8:00 to 10:00. A person from the agency will appear at the accommodation at the agreed time to check the condition of the apartment, collect the keys and return your deposit.

At the agreed departure time from the accommodation, tenants must be prepared with their suitcases packed and the apartment collected and clean.

Extra services
If the USER is interested in hiring an extra service, they must do so at the time of making the reservation:

Cleaning

• 1 bedroom accommodation: €50.00
• 2-bedroom accommodations: €60.00
• 3-bedroom accommodations: €70.00
• 4-bedroom accommodation €80.00
• Private house (terraced) €110.00
• Chalet individual 160,00 €

Cradle

• The rental of the crib is €60.00.

baby chair

• The rental of the baby chair is €45.00

Folding bed

• The rental of an extra bed is €70.00

There are accommodations where pets are allowed, for authorization you must inform VILLAS PUERTO RUBICON at the time of booking.

Client Responsibilities

– The USER agrees to respect the regulations of the Community. During the rest hours from 10:00 p.m. to 9:00 a.m., it is not permitted to use the accommodation for party celebrations or make noise. Under no circumstances is it permitted to occupy the accommodation by more people than those established at its maximum capacity.

– The use of electricity and water must be rational.

– It is prohibited to hang towels and clothes on the balcony railings.

– Pool hours are set by each Community and are generally from 10:00 a.m. to 9:00 p.m. It is prohibited to nail objects such as parasols, awnings, etc. on the grass, as well as using inflatable mattresses in the pool.

– Children must always be accompanied by their parents and under their responsibility.

– The USER is responsible for the correct behavior of all his/her booking companions; 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 VILLAS PUERTO RUBICON nor the owner will be responsible for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including without limitation: destruction, losses after fires, theft, crime, accidents or other types of damage. .

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly indicated otherwise, do not include tourist taxes, travel insurance, shipping, handling, wrapping, or any other additional services and annexes to the service purchased.

The prices applicable to each property are those published on the website and will be 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 while the reservation is not made.

Any payment made to VILLAS PUERTO RUBICON entails the issuance 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 when the rental ends and payment for the contracted services is made. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.

For any information about the reservation, the USER may contact the VILLAS PUERTO RUBICON customer service telephone number 928519178 or via email to the address COMERCIAL@PUERTORUBICON.COM.

9. TRANSPORTATION COSTS

There are no transportation costs.

10. PAYMENT FORMS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:

• Bank transfer
• Pay Pal
• Credit card: card payment will not be accepted if it exceeds…. €

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purposes 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 brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.

11. PURCHASE PROCESS

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

• Reservation with immediate confirmation: Minimum price of the service stipulated on the website. You can make the reservation 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 email or telephone.

Select the arrival and departure dates, the people staying (adults and children) and the extra services chosen and add to the basket. In this, only the selected services, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both sides.

From the basket you can place an order by following the following steps for its correct formalization:

1. – Checking billing information.
2. – Verification of the reservation (dates, services…).
3. – Selection of the payment method.
4. – Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER's email confirming the placement of the order.

Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the reservation, as well as all pertinent information.

From the Online Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.

12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this 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, when the USER fails to comply or follow any of the obligations established herein. document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource 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 Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. :

Compliance of services with the contract

1. Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them are not applicable:
2. a) They conform to the description made by VILLAS PUERTO RUBICON.
   b) They are suitable for the uses to which services of the same type are ordinarily intended.
   c) Are suitable for any special use required by the USER, when VILLAS PUERTO RUBICON has been informed of it at the time of the conclusion of the contract, provided that the USER has admitted that the service is suitable for this use.
   d) They present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the services made by VILLAS PUERTO RUBICON.
   e) VILLAS PUERTO RUBICON describes the details, technical characteristics and photographs of the properties provided by their owners, so that it is not bound by these public statements.
3. The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility for the same falls on VILLAS PUERTO RUBICON or under its responsibility; On the contrary, when the service not performed or provided is due to negligence or bad practice of the USER, it will not be considered any fault of VILLAS PUERTO RUBICON and will be considered in accordance with the terms of the contract.
4. Liability will not arise for lack of conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that have their origin in information provided by the USER.

Responsibility of VILLAS PUERTO RUBICON

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. VILLAS PUERTO RUBICON recognizes the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.

Repair and replacement of hosting service

1. If the hosting service does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies VILLAS PUERTO RUBICON of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions in cases in which the repair or replacement fails to bring the service into compliance with the contract.
2. Any form of correction that imposes on VILLAS PUERTO RUBICON costs that, in comparison with the other form of correction, are not reasonable, will be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack in accordance and if the alternative form of sanitation could be carried out without major inconveniences for the USER.

Repair and replacement will comply with the following rules:

– The necessary expenses incurred to correct the lack of conformity of the contracted services will be free of charge for the USER.

– They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.

– If once the repair is completed and the property is delivered, it continues to be non-compliant 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 compliance with the contract, the USER may demand its repair, a price reduction or termination of the contract.

Price reduction and contract termination

The price reduction and termination of the contract will proceed, at the USER's option, when the USER cannot demand the repair or replacement of the service and in cases in which these have not been carried out within a reasonable period of time or without major inconvenience to the USER.

The resolution will not proceed when the lack of conformity is of minor importance.

Criteria for price reduction

The price reduction will 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 proven otherwise, delivery is deemed to have been made on the day stated in the reservation.

The USER must inform VILLAS PUERTO RUBICON of the lack of conformity at the time they become aware of it or, at the latest, at the end of the stay.

Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. VILLAS PUERTO RUBICON 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 subject of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of law. For more information, see clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Terms.