Termini e condizioni generali
This contractual document shall govern the contracting of the temporary assignment of a property through the website https://www.ainb.net/, property of VENPRE, SL, from now on AinB.
The acceptance of this document implies that the USER:
– Has read, understands and understands what is stated 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 AinB website.
AinB informs that the business is responsible and aware of the legislation in force in 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 services contracted by the USER is VENPRE, SL, with registered office at LONDRES, 35 – 2 4 08029 BARCELONA (Barcelona), NIF B61903712 and customer/USER service telephone number 93 595 67 31.
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 of use and custody, and is responsible for the veracity of the personal data provided to AinB.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between AinB and the USER at the moment the USER accepts during the online contracting process, the rental of properties for temporary accommodation is applicable to all bookings. However, if there are any exceptions, they will be indicated in the flat file.
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, as well as the provision of the following complementary services in addition to the provision of the property:
• Daily cleaning of the flat
• Internet connection
• Supplies included in the price
• Maintenance service and 24 hour telephone answering service
Ambas partes reconocen la condición de vivienda de uso turístico que corresponde al inmueble objeto del contrato, por lo que renuncian a alegar la condición de domicilio a los efectos de impedir las actuaciones inspectoras de las autoridades y las tareas de mantenimiento previstas por la normativa sectorial. El cliente manifiesta que contrata un servicio de alojamiento turístico, teniendo su domicilio permanente en otra ciudad, por lo que bajo ningún concepto el apartamento podrá usarse como vivienda habitual. Therefore, the legal provisions relating to “forced extension” do not apply.
The USER will select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify AinB 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, we inform you 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 terms and conditions.
2. Booking and payment process
5. Force majeure.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Purchase process.
12. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, placing an order with AinB implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of AinB if it has not been expressly accepted in advance and in writing by AinB.
2. BOOKING AND PAYMENT PROCESS
These are our general conditions applicable to all bookings. However, if there are any exceptions, they will be indicated in the flat description. The booking conditions depend on the rate selected during the booking process. These conditions will govern the relationship between VENPRE, SL, owner of this website and provider of the services offered therein, and the persons contracting them (hereinafter, the CLIENT).
Outstanding balance. The outstanding balance shall be paid together with the deposit, in cash or by credit card, on arrival at the flat.
At the time of booking, your credit card details will be requested for a pre-approval of the same without any charge, the payment will be made at the establishment.
Booking confirmation: Once we receive your request, the booking will be confirmed instantly and you will immediately receive an email with all the details (flat address, contact person, dates, etc.).
Security in the online payment: AinB is committed to protect the USERS data to the maximum and does not have access nor can see at any time the number of the credit card that you enter in the form, this information is encrypted and will be visible only to the bank..
To cover possible damages in the flat, on arrival the customer will make a deposit by credit card in the amount of 500.-€. This amount will be refunded at the end of your stay, provided that all conditions for it are met. The deposit must be made by credit card. If exceptionally it has been made in cash, the refund will be made by transfer and the expenses will be paid by the client.
The deposit will be withheld, in whole or in part, if damage to the flat caused by the client during their stay is found. A surcharge of 75 € will also be applied if the flat is not returned in a reasonably clean and tidy condition (e.g. furniture moved, dirty kitchen, accumulation of rubbish).
Check-in and check-out.
The entries and exits of our accommodations will be every day.
Check-in: The timetable for key collection is from 9:00 to 22:00 h in our offices or in the flat itself, on Thursdays you can contact us by phone until 2:00 h and on weekends Friday and Saturday until 7:00 h.
Outside these hours you can open the flat through the app application available on your smartphone and you will receive it by email.
On arrival and in accordance with current legislation, you must hand over the booking form and we will proceed to identify all the occupants of the accommodation.
Then, the holder of the reservation will sign the rental contract and pay the rent plus the tourist tax of 2,48 € per day of stay and person over 16 years old for a maximum of 7 days. (Extracted from the Law 5/2017, of 28 March (website Generalitat de Catalunya)
The cleaning of the flat as well as bath towels and sheets per person are included in the rental price.
Departures: The check-out time of the accommodation will be until 11:00 h. A Late Check-out can be requested according to availability and at a cost of 50% of the amount of the stay.
You must return the accommodation in the same condition as you found it on arrival.
Si usted está interesado en contratar nuestros servicios extra, debe hacerlo en el momento de hacer la reserva
Silla bebé: Incluida
Otros servicios consultar
The client 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 registered persons.
The use of electricity and water must be rational. When the air conditioning is on, do not forget to close doors and windows.
It is forbidden to hang towels and clothes on the balcony railings.
Children must always be accompanied by their parents and under their responsibility.
Pets are strictly forbidden.
The owner of the contract is responsible for the correct behaviour of all occupants, otherwise AinB reserves the right to expel the occupants from the accommodation, without the right to future claims or any type of compensation with the loss of the deposit.
VENPRE, SL will not be liable for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including but not limited to: damage, loss after fire, theft, crime, accidents or other types of damage.
VENPRE, SL assumes no responsibility for any valuables that the client may have in the flat. In particular, the client exempts the owner from all responsibility for any damages that may be suffered by the client or any other person authorised by him/her to access the flat, as well as for any damage to his/her belongings that may be derived from installations for services and supplies of the contracted flat. In the event of force majeure or unforeseen circumstances, VENPRE, SL may rehouse the client in a different flat, provided that it has similar or superior characteristics to the dwelling that is the object of this contract. In the event that the client does not agree with the flat assigned, he/she may terminate the contract and obtain a refund of the amount paid, except for the part that corresponds to the period of accommodation the client has already enjoyed, renouncing any other compensation or indemnity.
The client may not carry out any kind of industry or activity (particularly parties) that may cause noise or disturbance to the neighbours. If the company receives a complaint from any neighbour, a call from the police or a notice from ROOMONITOR (a device that monitors the sound levels inside the flat) regarding the client’s stay, a penalty equivalent to the amount of the deposit will be applied to the client.
Smoking is forbidden in the whole property, this infraction will be penalised with a fine of 200 euros. Pets, flammable, explosive or corrosive materials are not allowed in the entire property of VENPRE, SL Likewise, the client undertakes to leave the communal areas in perfect condition as he/she found them.
3. ANULACIONES (DERECHO DE DESISTIMIENTO)
– If the reservation is cancelled before 7 days prior to the date of arrival, no charges will be incurred.
– If the booking is cancelled after 7 days prior to the arrival date, one night will be charged.
Our aim is that our clients have a pleasant stay.
If during the rental period there is any breakdown in the installations or electrical appliances, AinB must be notified immediately so that these incidents can be resolved as soon as possible.
In case of force majeure (damage caused by water, fire, etc.) AinB will replace the accommodation booked with another of the same characteristics. In the case of unavailability of accommodation, AinB will reimburse the total amount paid.
LONDRES, 35 – 2 4 08029 BARCELONA (Barcelona)
Teléfono: 93 595 67 31
Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and AinB, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body 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 shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERAL TERMS AND CONDITIONS OF THE OFFER
All sales and deliveries made by AinB shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of AinB or stipulated herein shall be effective, unless expressly agreed in writing signed by AinB, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, AinB 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 shall also apply if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable and will be expressed in EURO currency. It will be possible to pay in another currency through the bank POS terminal, the exchange rate applied being that of the financial entity applicable at that time.
The prices applicable to each property are those published on the website. 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.
All payments made to AinB entail the issuing of a printed invoice in the name of the registered USER or the company name that the USER has informed at the time of making the reservation. This invoice will be given to the USER at the time of completion of the rental and payment of all contracted services.
For any information about the booking, the USER may contact AinB customer service by telephone on 93 595 67 31 or by e-mail at firstname.lastname@example.org.
9. PURCHASING PROCESS
Search for the property .
Our website has a search system based on different parameters to make it easier for you to choose your accommodation. Types of bookings:
Booking with immediate confirmation: Minimum price of the service stipulated on the website. You can book online and add the extra services that suit you.
Reservation (purchase request).
From the online booking 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.
The final price will be calculated according to the selected check-in and check-out dates, the number of people staying (adults and children) and the extra services chosen.
10 OTHER CONDITIONS.
Pets. Pets are not allowed in the flats.
No smoking. Smoking is not permitted in the flats, except on balconies, terraces, patios and gardens. Failure to comply with this rule will result in a fine of up to 200 euros to cover the cost of cleaning upholstery, curtains and bedspreads.
“Specific rules for each flat. The house rules are given on arrival and set out guidelines relating to aspects of the ordinary running of the flat (e.g. keeping quiet at certain times, putting away rubbish, etc.). It goes without saying that these rules, which are often common sense and facilitate coexistence with other neighbours, must be respected. It is important to respect the neighbours’ rest, so we ask our guests not to carry out noisy activities, especially between 22:00 and 8:00. It is also important to avoid all actions that may disturb the neighbours, such as loud music, noise, etc. Parties and the entry of people who are not staying in the property are prohibited in order to respect the neighbours’ rest. It is essential to make good use of the common areas or common elements of the building where the tourist accommodation is located, as well as to behave civically both in the tourist accommodation and in the building in which it is integrated”.
Serious and/or repeated non-compliance by the client of the above conditions will give VENPRE, SL the right to demand the immediate abandonment of the flat, without any compensation whatsoever.
The duration of the stay is as indicated on the front of this document. On expiry of the agreed period, and without prior notice, the client must leave the flat which is the object of the contract, free and empty, except for the furniture and belongings of the flat, at which time the keys must be handed over. In the event of non-compliance with the above, the client is obliged to pay the sum corresponding to three times the daily price.
11. GARANTÍAS Y DEVOLUCIONES
La garantía de los productos ofrecidos responderán a los siguientes artículos basados en la Ley 23/2003, de 10 de julio, de Garantías de venta de bienes y servicios de consumo:
Conformity of the services with the contract.
1. Unless there is evidence to the contrary, the services shall be deemed to be in accordance with the contract provided that they comply with all the requirements set out below, unless, due to the circumstances of the case, any of them are not applicable:
a) They comply with the description provided by AinB.
b) They are suitable for the uses to which services of the same type are ordinarily put.
c) Are suitable for any special use required by the client, when this has been made known to AinB at the time of the conclusion of the contract, provided that AinB 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 customer may reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by AinB.
e) AinB describes the details, technical characteristics and photographs of the properties provided by the property owners and is not bound by these public statements.
2. Non-compliance resulting from a service not performed or rendered shall be considered as non-compliance with the contract, insofar as AinB is responsible for it or under its responsibility; on the other hand, if the service not performed or rendered is due to negligence or malpractice on the part of the USER, it shall not be considered a fault of AinB and shall be considered in accordance with the terms of the contract.
3. There shall be no liability for non-conformities that the USER knew or could not have been unaware of at the time of entering into the contract or that originate from information supplied by the USER.
Responsibility of AinB .
AinB shall be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. AinB recognises the USER the right to repair the service, to its replacement, to a price reduction and to the termination of the contract.
11. APPLICABLE LAW AND JURISDICTION .
This contract is governed by the provisions herein and, supplementarily, by the general conditions set out at http://www./valeapartmentsbarcelona/condiciones-generales and by the provisions of the civil code, all without prejudice to the provisions of Decree 159/2012, of 20 November, of the Generalitat de Catalunya, which regulates, among other types of accommodation, housing for tourist use. These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. AinB and the USER agree to submit any controversy that may arise from the provision of the products or services that are the object of these Conditions to the courts and tribunals closest to BARCELONA.
In the event that the USER is domiciled outside Spain, AinB and the USER expressly waive any other forum, submitting to the Spanish jurisdiction established in the previous paragraph.