This contractual document will govern the contracting of accommodation reservations through the https://suites4moments.com/ website, owned by SARA DOMINGO MESEGUÉ, under the trademark of SUITES 4 MOMENTS, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

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

Contracts will not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

The acceptance of this document implies that the GUEST:

• You have read, understand and understand what is stated here.
• Is a person with sufficient capacity to hire.
• Assumes 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 trade 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 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 GUEST is SARA DOMINGO MESEGUÉ, with registered office at Joan Rebull 32D – 43850 Cambrils (Tarragona), NIF 47686428E and with GUEST service telephone +34682005843.

And on the other, the GUEST is responsible for the veracity of the personal data provided to SUITES 4 MOMENTS.

Object of the contract

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

The contractual relationship of reservation of accommodation entails the rental of the chosen property, for a limited time, in exchange for a certain price and publicly exposed through the website. Additional services must be contracted at the time of booking.

Procurement procedure

The GUEST, in order to access the services or products offered by the PROVIDER, must be of legal age. Therefore, the GUEST must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and Organic Law 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

It is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society 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. Online claims and dispute resolution.
5. Force majeure.
6. Competence.
7. Overview of the offer.
8. Price and term of validity 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 otherwise stipulated in writing, the making of a reservation to the PROVIDER will imply acceptance by the GUEST of these legal conditions. No stipulation made by the GUEST 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 previously inform the GUEST about the procedure to be followed to make the reservation of the trip.

The automatic system for calculating availability and prices allows the GUEST to choose the apartment or house that interests him and immediately make the online payment of 50% of the rental price or, failing that, he can make a bank transfer within a maximum period of 48 hours.
The rest of the payment of the reservation will be made one week before the final date of the reservation.

If the reservation occurs in a period of less than a week between the reservation and access to the property, the payment will be 100% of the total.

The PROVIDER will not book the accommodation until it has verified that the payment has been made. Once the 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.

Bonds

SUITES 4 MOMENTS will retain a deposit of between € 300 and € 1,000.

The retention of the deposit will be made at the time of accessing the accommodation. Upon departure from the accommodation, after inspection of the same, the retention will be returned within a maximum period of 7 days.

In the event that there are damages to the accommodation (demonstrated by photographs), they will be deducted from said deposit.

Failure to perform the distance contract

In case of not being able to execute the contract because the accommodation is not available, the GUEST will be informed of the lack of availability and that he will be entitled to cancel the reservation and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the activation of the service does not take place, because the data provided by the GUEST is false, inaccurate or incomplete.

3.- CANCELLATIONS (right of withdrawal)

Withdrawal form: https://suites4moments.com/legal/formulario-solicitud-desistimiento-eng.pdf

The GUEST has the same rights and deadlines to proceed to make the cancellation and / or claim the possible vices or defects that the reservation presents, both online and offline.

Any cancellation must be communicated to the PROVIDER, requesting a return number through the form provided for it, or by email to book@mediterraneasuites.com, indicating the corresponding reservation number. In case of refund of the amount, the GUEST could be penalized for the concepts indicated below:

4.- COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any claim that the GUEST deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:

SUITES 4 MOMENTS
Joan Rebull 32D – 43850 Cambrils (Tarragona)
Phone: +34682005843
E-mail: book@mediterraneasuites.com

If during the rental period there is any breakdown in the electrical installations or appliances, the GUEST 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 of the same characteristics. In the case of not having availability of accommodation, the PROVIDER will reimburse the total amount delivered.

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 GUEST and SUITES 4 MOMENTS, without the need to resort to the courts of justice, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between them. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict.

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

5.- FORCE MAJEURE

If the guest wishes to cancel their reservation before the beginning of the stay (‘check-in date’) the amount paid will not be refundable, except as set out in the chapter ‘Cancellation policy due to force majeure’. Cancellation notifications made during the stay will not be refundable. If the cancellation occurs during the stay, clause ’13. GUARANTEES AND RETURNS of the contract, applies for the deposit of damages.

If a reservation has to be cancelled due to an unforeseen event beyond the guest’s control, the owner may send you a refund. It will be cancelled without penalty (i.e. 100% of the amount delivered by the guest) if a force majeure event occurs before the official arrival date of your reservation.

Below is the list of situations covered by the owner’s Extenuating Circumstances Policy.

Situations requiring documentation:

– Death of a host or co-host, primary or additional guest, or immediate family member or caregiver. In these cases, you will need to provide one of these documents:

• Death certificate.
• Obituary.
• Press article mentioning the deceased person.
• Police certificate.

 

– Unexpected serious illness or injury affecting the host or a member of the travel group. You will need to present a medical certificate confirming that the person is unable to stay or travel due to a serious and unexpected illness or injury. In addition, its date of issue must be later than the one on which it was booked and you will have to send it to us within 14 days of cancellation. Pre-existing conditions known to the user at the time of booking are not currently covered by our Extenuating Circumstances Policy.

– Obligations imposed by authorities, including: summonses to serve on a grand jury, travel restrictions, court appearances, or absence due to a military mission. You must provide a copy of the official communication issued after the confirmation of the reservation in which the name of the person subject to any of these obligations appears.

– Property damage, maintenance work and unexpected problems in the accommodation that prevent ensuring a safe stay for guests or hinder their access to basic services such as drinking water. Pre-planned renovations are not included.

You will need to provide the following documentation:

A document that justifies that the problem is being solved.

• An estimate of the time it will take to solve.
• An invoice for repairs being carried out.
• Photographs of the damage.

– Transportation problems that prevent you from reaching your destination, such as roadblocks and flight cancellations, when there are no alternative means of transport. This includes road closures and cancellations caused by natural disasters, such as earthquakes or major storms. You will need to provide notice of the road closure or prove the cancellation of the flight, along with a document justifying the inability to travel to your destination. Cancellations of trains, buses or ferries when no alternatives are available on the same day. You must provide documentation that clearly demonstrates that the carrier did not make the trip that day; For example, a screenshot of the company’s website or a link to an official company statement.

Situations requiring special review:

• Natural disasters, terrorism and civil or political disturbances that prevent the guest from travelling to or from the place of destination or that do not ensure a safe stay.
• Epidemics/pandemics that suddenly affect a region or group of people. The changes we make to our policy if there is an outbreak of a disease and the extent of these will depend on the official communications issued by the World Health Organization and local authorities.
• Travel restrictions imposed by the public administration, law enforcement or military entity that restrict travel to or from the location of accommodation or experience.
• Warnings about serious security threats issued in relation to the location of the accommodation or the traveller’s experience or place of departure.
• Disruptions to basic public supplies affecting where the accommodation is located or where the experience will take place.
• Changes in the requirements to apply for a visa or passport that prevent travel to the destination, not including the loss or expiration of the documents necessary to do so.

6.- COMPETENCE

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

If any provision of these conditions is considered null or impossible to fulfil, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer modification in any way.

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

7.- OVERVIEW OF THE OFFER

The details of each reservation, such as accommodation and meals, are informed to the GUEST in their respective description on the website.

All sales and deliveries made by SUITES 4 MOMENTS will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of SUITES 4 MOMENTS or stipulated herein will have effect, unless expressly agreed in writing signed by SUITES 4 MOMENTS, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, SUITES 4 MOMENTS reserves the right to modify its specifications regarding 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 providing the services offered is affected.

Check in and check out

The entrances and exits of the accommodations work as follows:

Check in:
Check in time is from 16:00 to 21:00 at the address of the rented property. Any other timetable should be consulted.

Upon arrival at the property and in accordance with current legislation, the GUEST must deliver the reservation form and all occupants of the accommodation will be identified.

Then, the GUEST will pay the tourist tax of € 1.00 per day of stay and person over 16 years, with a maximum of 7 days. (Law 5/2012 of 20/3/12. D.O.G.C. no. 6094 of 23/03/12). 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.

Check out:
Check-out time is between 8:00 AM and 11:00 AM. A person from the agency will arrive at the accommodation at the agreed time to check the condition of the apartment and collect the keys.

There is the possibility of leaving the keys inside the property, always under the supervision and permission of the PROVIDER.

At the agreed time of departure from the accommodation, tenants must be prepared and with their bags packed and the apartment collected and cleaned.

Extra services

If the GUEST is interested in hiring an extra service, he must do so at the time of booking, although there is the possibility of hiring additional services

Pets are not allowed.

Guest Responsibilities

The GUEST undertakes to respect the regulations of the Community. During the hours of rest from 22:00 to 9:00, it is not allowed to use the accommodations for party celebrations, nor to make noise. In no case is it allowed 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 forbidden to hang towels and clothes on the railings of the balconies.

The pool schedule is marked by each Community and in general is from 10:00 a.m. to 9:00 p.m. It is forbidden to nail objects such as parasols, awnings, etc. into the lawn, as well as using inflatable mattresses inside the pool.

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

The GUEST is responsible for the correct behaviour of all his fellow reservations, 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 SUITES 4 MOMENTS, nor the owner will be responsible for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including without limitation: destruction, loss after fire, 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 stated otherwise, do not include tourist taxes, travel insurance, shipping costs, 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 the EURO currency. The GUEST 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 SUITES 4 MOMENTS entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered GUEST or the company name that he has informed at the time of placing the order.
This invoice will be delivered to the GUEST when the rental ends and the payment of the contracted services is made. You will be received by email and informed that you can revoke this decision at any time.

For any information about the reservation, the GUEST can contact through the customer service telephone of SUITES 4 MOMENTS +34682005843 or via email to the address book@mediterraneasuites.com.

9.- TRANSPORT COSTS

There are no transport costs.

10.- PAYMENT METHODS, FEES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to make the payment of an order:

• Credit card
• Wire transfer
• TPV

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the GUEST 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 the goodwill of the same or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder or cards.

11.- RENTAL 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 web. You can make the reservation online and add the extra services that suit you.
• Price not available: In the case of not having the price of the service, the GUEST will be informed as soon as possible, by email or telephone.

Select the dates of entry and exit, the people staying (adults and children) and the extra services chosen. Only the selected services, quantity, price and total amount will be observed. Once the selection is finished, the taxes and charges will be calculated according to the data entered.

The selection has no administrative link, it is only a section where you can simulate a budget without any commitment by both parties.

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

• Checking your billing information.
• Verification of the reservation (dates, services…).
• Selecting your payment method.
• Make the rental (book).

Once the reservation is processed, the system instantly sends an email to the management department of the PROVIDER and another to the GUEST’s email confirming the completion of the reservation.

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

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, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the GUEST’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the GUEST fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or policies of use.

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 remedy that may be available to the PROVIDER.

13.- WARRANTIES 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 revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Conformity of services with the contract

1.- Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable.:

• Conform to the description made by SUITES 4 MOMENTS.
• Are suitable for the uses to which services of the same type are ordinarily intended.
• Are suitable for any special use required by the GUEST, when he has informed SUITES 4 MOMENTS at the time of the conclusion of the contract, provided that he has admitted that the service is suitable for this use.
• Present the usual quality and performance of a service of the same type that the GUEST can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by SUITES 4 MOMENTS.
• SUITES 4 MOMENTS describes the details, technical characteristics and photographs of the properties provided by the owners thereof, so that it is not bound by these public statements.

2.- The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, provided that the responsibility for it falls on SUITES 4 MOMENTS or under its responsibility; on the contrary, when the service not performed or provided is due to negligence or malpractice of the GUEST, shall not be considered any fault of SUITES 4 MOMENTS and shall be deemed to be in accordance with the terms of the contract.

3.- There will be no liability for lack of conformity that the GUEST 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 GUEST.

Damage deposit

A deposit of 1000 € will be pre-authorized on the guest’s credit card on the day of their entry.
The deposit is for possible damages such as:

• Damage to property or furniture; or
• Dirt or other mess that requires extraordinary cleaning; or
• Any other unexpected expenses assumed by the owner due to the guests’ stay
• Failure to comply with house rules
• Bank commissions derived from the payment of the stay in case they exist.

If the property is dirty or damaged when making the guest must immediately inform the owner at the time of entry

Responsibility of SUITES 4 MOMENTS

The PROVIDER will respond to the GUEST for any lack of conformity that exists at the time of delivery of the accommodation. SUITES 4 MOMENTS recognizes the GUEST the right to repair the service, its replacement, the price reduction and the termination of the contract.

Repair and replacement of the accommodation service

1.- If the accommodation service is not in accordance with the contract, the GUEST may choose between demanding repair or replacement, unless one of these options is impossible or disproportionate. From the moment the GUEST communicates to SUITES 4 MOMENTS the chosen option, both parties must abide by it. This decision of the GUEST is understood without prejudice to the provisions in the cases in which the repair or replacement fails to bring the service into conformity with the contract.

2.- Any form of sanitation that imposes on SUITES 4 MOMENTS costs that, compared to the other form of sanitation, are not reasonable, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the GUEST, will be considered disproportionate.

Repair and replacement will conform to the following rules:

• The necessary expenses incurred to correct the lack of conformity of the contracted services will be free for the GUEST.
• They will be carried out within a reasonable time and without major inconveniences for the GUEST, taking into account the nature of the services and the purpose they had for the GUEST.
• If the repair is completed and the property delivered, it is still not in accordance with the contract, the GUEST may demand the replacement of the same, the reduction of the price or the termination of the contract.
• If the replacement fails to bring the property into conformity with the contract, the GUEST may demand its repair, price reduction or termination of the contract.

Price reduction and termination of the contract

The reduction of the price and the termination of the contract will proceed, at the choice of the GUEST, when he cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconveniences for the GUEST.

The resolution will not proceed 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 conformity with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless proven otherwise, the delivery is understood to have been made on the day that appears in the reservation.

The GUEST must inform SUITES 4 MOMENTS of the lack of conformity at the time he has become aware of it or, at the latest, at the end of the stay.

Unless proven otherwise, it will be understood that the communication of the GUEST 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. SUITES 4 MOMENTS and the GUEST agree to submit to the courts and tribunals of the GUEST’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.

In the event that the GUEST is domiciled outside of Spain, the PROVIDER and the GUEST expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, see clause “4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION of these Terms.