1. Introduction
The present document is intended to regulate the TERMS or GENERAL CONDITIONS OF CONTRATING of the on-line reservation services of VAVE APARTEMENTS COOP. V., with registered office in Alicante, Calle Pintor Velázquez 9, Entresuelo, Derecha, 03004, constituted by means of a public writing granted to the Notary of Alicant Da. María de los Reyes Sánchez Moreno, on 23 August 2019, and registered in the Register of Cooperatives of the Valencian Community, with the Registration No. A-2091, and C.I.F. F42666040. (hereinafter, VAVE), Telf. 965 518 622 and 646 098 147. The Terms "You" and "User" are used here to refer to all individuals and/or entities who for any reason access www.vaveapartments.com or use the Services.
The use of these services, will imply the full and unreserved acceptance, and the validity, of all and every one of the Terms and/or General Conditions -which will be automatically considered incorporated in the contract you subscribe with VAVE, without the need for their transcription in writing in the same- contained in the latest updated version of these Terms & / or General Condition.
2. VAVE’s online booking services
2.1 Online booking services.
The purpose of the reservation service is to book one of the apartments at VAVE. The use of these facilities, will imply the full and unreserved acceptance, and the validity, of all and each of the general terms or conditions that will be automatically considered incorporated into the contract that you subscribe with VAVE, without the need for their transcription in writing in the same collected in the latest updated version of these terms and/or general conditions.
2.2 Procedure for recruitment.
When booking the apartment the user will receive a confirmation email which will include the confirmation that his order is in the process of confirmation. If you are a consumer, once you have completed the charge for your reservation, you will receive an email confirming the same, this mail will serve as proof of your booking. The holder of the credit card used for booking must be the guest who stays in the apartment. The credit card used for the reservation will be requested on arrival to verify that the data provided is correct. The credit card holder must be present at that time.
2.3 Warranty.
The reservation is confirmed and guaranteed all night with credit card. If you do not arrive at the hotel without notice, the period of stay will be charged according to the cancellation conditions (IVA y tasas incluidas). VAVE reserves the right to check the validity of the card before the customer arrives at the apartment and can do so by charging the full amount of the reservation. At that time, the period of refund or refund varies depending on the brand of the card and the bank issuing it, therefore, VAVE assumes no responsibility for any possible delay. In order to clear doubts, a prior authorization temporarily holds or “freezes” a certain amount of the customer’s account to verify the validity of the card or the existence of funds. If previous transactions cannot be processed, the credit card will be considered invalid. In this case, the reservation will be cancelled automatically.
2.4 Termination of contract or cancellation of reservation.
The credit card is just a means of guarantee. Cancellation of reservations by the user will not incur advance cancellation costs, provided that this is made prior to the during the free cancellations period. Once this threshold has been exceeded, VAVE will charge the total amount of the reservation as compensation. (IVA y tasas incluidas). Arrival times to the apartment are from 15:00 to 23:59 on the day of arrival.
2.5 Cancellation costs at VAVE APARTMENTS.
No credit card charges will be charged if the cancellation is made at least one month before the day of arrival to the apartment (local time of the apartment location). In the event that the guest does not arrive at the hotel without notice, 100% of the total cost of the stay will be charged. These clauses do not apply to reservations made at special rates. In this case, the respective conditions established shall apply.
2.6 Children's policies at VAVE APARTMENTS.
Children's policies in all our apartments are subject to the apartments' facilities and determined by the apartment management as described in the current contracts.
2.7 Policy on minors.
Children under the age of 18 must stay in the apartments accompanied by their parents, guardians or adults duly authorized by them. Apartment staff may require relevant documentation identifying adults as their parents/guardians or authorized persons. Without prejudice to a different minimum age being established in accordance with local legislation.
2.8 Prices per apartment per night.
Prices are only valid in writing and for the time specified therein. Where there are justifiable reasons, VAVE reserves the right to change these rates without notice. The reservation prices will be provided to you during the reservation process. Prices may be subject to VAT, without prejudice to additional taxes according to the local regulations in force in each of the countries. These local taxes must be paid directly at the hotel.
2.9 Application of VAT.
If VAT is applied, the prices displayed at the time of booking include VAT (or equivalent tax) according to the tax rate applicable at the moment. In the event that the tax rate changes between the date of booking and the day of delivery of the apartment, resulting in a disparity, according to the tax regulations, the tax price that will be applied to the final price will be the one that corresponds at the time of use of the flat or the accumulation of the tax, even in cases where this would result in an increase in relation to the end price indicated to the customer during the booking.
2.10 Use of facilities.
The user agrees to use the facilities in accordance with the law, morality, good customs and public order, as well as with the provisions of these Terms and/or General Terms of Contract. Consequently, you are obliged not to use the facilities, for purposes or effects that are unlawful and/or contrary to the provisions of these General Terms and Conditions of Contract, injuring the rights and / or interests of third parties or that, in any way, may damage the services, VAVE and/ or its image.
2.11 Modifications.
VAVE may, for greater agility and for the benefit of the users, unilaterally modify, at any time and without prior notice, the rented apartments, or the Conditions of operational, technical and use of the facilities. Similarly, users, in order to establish an optimal level of quality, the ultimate objective of VAVE, can suggest those modifications that they consider useful, by contacting the managers of the page through the email address: vaveapartamentos@gmail.com
3. Conditions applicable to the VAVE free check-out process.
In the event that users choose to select the “Check-out free” process when leaving free the apartment booked in VAVE, the following Special Conditions will apply to them:
3.1 Operation of the free check-out process.
3.1.1 This process allows users to check out without having to wait for the arrival of the apartment manager staff
3.1.2 The free check-out process will work as follows:
• The day before the departure of the user of the VAVE apartments, you will receive an email or a message from VAVE indicating how to make the free check-out.
• The user can make the free check-out until 10:00 AM on the same day of departure of the user of the apartment VAVE, otherwise, will have to wait for the arrival of the staff responsible for the apartments VAVE to make the Check-out.
3.2 Payment in the free check-out procedure.
3.2.1 In the free check-out message it will be indicated in case there is the cost pending to be paid by the user due to extension of stay, presence of defects, theft...
3.2.2The price indicated in the free check-out will be the total price corresponding to the additional costs that the user could have incurred from the day of their entry to their departure from the VAVE apartment.
3.2.3 All additional expenses that may arise from the user during his/her stay in the VAVE apartment and that were not included in the initial price of the booking of the apartment that he/she booked, hereinafter referred to as the Additional Costs, shall be considered as additional expenditure.
3.2.4 In the event that the user incurred additional costs not known to VAVE at the time of accepting the Free Check-out or additional costs after the sending of the Check-Out confirmation by VAVE, VAVE APARTMENTS will proceed to issue a new invoice to the user to carry out the collection of these Additional Costs.
3.3 User's authorization to charge by VAVE at the time of free check-out.
3.3.1The charge of the amount indicated on the free check-out form must be paid by the user by bank transfer indicated in the free Check-out message.
3.3.2 By accepting these General Conditions, the user expressly authorizes VAVE to automatically charge for the use of the facilities, for which he may use the bank card data provided by the user at the time of booking the apartment. VAVE will inform the user about the exact amount that the user must pay and otherwise will be charged automatically from the card provided by the customer (in particular in the message of the free check-out will appear reflected this information).
3.3.3 VAVE will store the user’s bank card data for the time necessary to verify that the additional costs that the user may have incurred after the free check-out are fully covered. Therefore, VAVE will temporarily store these data for the sole purpose of being able to charge the additional costs incurred by the user until he leaves the apartment and that have not been paid at the time of the free Check-out.
3.3.4 Once VAVE has verified that the user has paid for all the services, VAVE will delete, when it proceeds from the fulfillment of the legal obligations that result, all the data of the user's bank card. In this way, if the user rented the VAVE apartments again he would have to provide his bank details again.
3.3.5 The user declares that he is the holder of the bank card that he provided for the payment of the services provided by VAVE and/or that he/she is a third party who has expressly authorized him/her for the use of the same.
3.4 Possible errors or changes in the billing data of the Free Check-out.
3.4.1 In the event that the billing data contained in the free check-out form are incorrect or the user wishes to make a change on them, the user will have to notify by message on the booking platform, sending a message to +34 646 098 147, or sending an email to: vaveapartamentos@gmail.com. In order for errors to be corrected or the requested changes to be made.
3.4.2 In these cases, payment will be made by bank transfer or by debiting from the bank card provided by the user of the apartments.
3.5 User’s obligations and responsibilities in connection with the free check-out process.
3.5.1 The user guarantees that the personal and billing data provided to VAVE are true, accurate, up-to-date and complete and is responsible for informing VAVE of any modification thereof so that the corresponding collection can be made.
3.5.2 In the event that VAVE can prove that the user has committed fraudulent practices in connection with the use of the bank card for the payment of services provided through the free check-out process, VAVE reserves the right to initiate the legal actions that by right correspond to it.
3.5.3 The user agrees to comply strictly with the online check-out procedure and with the obligations set out in these Special Conditions.
4. Data protection
This section provides information on the processing of your data in connection with booking and pre-reservation. The person responsible for the processing of data of the data holders is:
• Identity: VAVE APARTMENTS COOP, V. (hereinafter “VAVE”)
• NIF: F42666040
• Address: Calle Pintor Velázquez 9, entresuelo, derecha, o3oo4, Alicante
• Data Protection Officer (DPO): you can contact our DPO through the following means:
• E-mail: vaveapartamentos@gmail.com
•Address: Calle Pintor Velázquez 9, entresuelo, derecha, o3oo4, Alicante
• By indicating in the reference “Data Protection Officer”.
The purpose for which VAVE will be treated The personal data provided by the Account Holder and the duration of their storage:
• Manage the execution of reservations and/or pre-reservations requested by the user.
• Sending the confirmation or documentation of the reservation made.
• In the event of giving consent for this, the sending of commercial communications by VAVE. Type of user data that will be processed by VAVE for the proper provision of apartment rental services:
• Identification data: name, surname, nationality.
• Contact details: email address, telephone number.
• Stay preferences.
• Economic, financial and insurance data.
• Other data: data provided by the interested parties themselves in the open fields.
The data requested from the Owner are mandatory for the correct provision of the services and, therefore, the refusal to provide them will mean the impossibility of providing them. In those cases where non-mandatory data is requested, it will be indicated in the same form.
In the event that the user provides data of third parties, it expresses having their consent and undertakes to transfer the information contained in the Privacy Policy, exempting VAVE from any responsibility in this regard. However, VAVE may carry out periodic checks to establish this fact, taking the appropriate due diligence measures, in accordance with the data protection regulations.
The legitimacy of the processing of the user's data for the treatment of his personal data will be the execution of the contract between the parties. In the case of sending commercial communications, it will be the consent of the owner.
The consent obtained for the aforementioned purposes is independent so that the user can revoke only one of them without affecting the others.
To revoke such consent, the User may contact VAVE APARTMETNS through the following channels: vaveapartamentos@gmail.com.
The data of the user may be shared or communicated to the companies integrated or joined the VAVE Group, all dedicated to hotel sector, will need to have access to your data for the correct provision of the selected services. Similarly, your data will be communicated to those entities that own the hotels, so that they know the conditions of your stay (precio, fechas, servicios incluidos, ...)
INTERNATIONAL DATA TRANSFERS
We inform you that your data will not be transferred to third countries located outside the European Economic Area.
PROTECTION OF DATA
The personal data provided will be kept for the duration of the contractual relationship and, once it has ended, for the period of limitation of legal actions that may arise from it.
In relation to the data for the sending of commercial communications, the data will be kept as long as the user does not revoke the consent given, however, in case of withdrawal of his consent, this will not affect the lawfulness of the processing carried out previously.
PROCESSING OF THIRD PARTIES' DATA
In the event that the Owner provides, at any time, data of third parties, expresses to have their consent and undertakes to transfer to you the information contained in this clause, as well as to inform VAVE of any change or update relating to them.
RIGHTS OF THE OWNERS IN RELATION TO YOUR DATA.
You may exercise, by writing to the e-mail address vaveapartamentos@gmail.com with the “Data Protection” reference, by attaching a photocopy of your identity document, at any time and free of charge, the following rights:
• To withdraw your consent to the processing and communication of your personal data.
• To obtain information about the existence or non-existence of processing of your personal data.
• Access your personal data.
• Rectify inaccurate or incomplete data.
• Request the deletion of your data when, among other reasons, the data is no longer necessary for the purposes for which they were collected.
• To limit the processing of data when one of the conditions provided for in the data protection regulations is met.
• In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data.
• Request the portability of your data.
• To complain to the Spanish Data Protection Agency, when it considers that the controller has violated the rights recognized by the data protection regulations.
The data subject may contact the Data Protection Officer of the Controller:
• E-mail: vaveapartamentos@gmail.com
• Address: Calle Pintor Velázquez 9, Entresuelo, Derecha, 03004, Alicante
5. Correct use of the contents of the web site by the user.
5.1 VAVE declares that the industrial property rights (Trademarks, Trade Names, etc.) that appear on this website are its property and/or are legally exploited under agreements or licenses of use, being duly protected by the existing Industrial Property Regulations. The User undertakes to use the website diligently, correctly and lawfully and, in particular, to refrain from:
5.1.1 Delete, circumvent or manipulate the "copyright", trademarks and other identification data of the rights of VAVE or its holders embedded in the contents and/or products marketed from the VAVE website, as well as the technical protection devices, fingerprints or any information mechanisms that may contain them.
5.1.2 Use the contents and, in particular, the information of VAVE obtained through its website to send advertising, communications for direct sale purposes or for any other type of commercial purpose, unsolicited messages addressed to a plurality of people.
5.1.3 Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the holder of the respective rights or legally permitted.
5.1.4 In general, use the contents in a way, for purposes or effects contrary to the law, morality and generally accepted good customs or public order. VAVE does not grant any license or authorization of use of any kind on your industrial and intellectual property rights or on any other property or right related to your website.
5.2 Procedure for infringement of intellectual property rights. In the event that any User or a third party considers that any of the contents has been entered on their website in violation of their intellectual property rights, they must send a notification to VAVE with a complete and accurate indication of your data and of the intelligence rights allegedly infringed, as well as the website.
6. Right to amend the general terms and/or conditions of contract.
VAVE reserves the right to modify these Terms and/or General Terms of Contract, informing users of the changes made through www.vaveapartments.com with your user and password.
7. Exclusion of warranties and liability.
7.1 VAVE does not guarantee the reliability, availability or continuity of the services made available to the user, and therefore excludes any liability for damages and/or damages that may be due to the lack of availability, reliability or kontinuity of its website or its services, although it will try to provide, to the extent of its possibilities, technical assistance to the affected person, as well as to try to re-establish the interruption immediately, making available to it, as far as possible, alternative means.
7.2 VAVE is not obliged to control and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of the users or persons who visit the pages, so will not be liable for damages of any nature that may arise from them.
7.3 If VAVE, despite acting with due caution and due diligence, was unable to provide the rented apartments for reasons not attributable to them and if it was impossible to provide services in accordance with the agreed conditions, VAVE will offer the user the possibility to opt for the full refund of what was paid or for its replacement by another of similar characteristics in terms of category or quality. If the replacement results in a service of lower category or quality, VAVE will have to reimburse the difference.
8. Safeguard of general terms and/or conditions of contract.
If one of the provisions of these Terms and/or General Terms of Contract is declared void or invalid, the rest of the Terms or General Conditions shall remain in the agreed Terms. VAVE undertakes to replace the stipulation affected by the nullity as closely as possible to the intention initially pursued by the parties.
Nothing in this contract will in any way affect the mandatory consumer provisions. If you are not a consumer, you expressly waive your right of withdrawal.
9. Acceptance of rules of use.
The user is aware that the use of the services of the on-line booking services implies the full and unreserved acceptance of each of the clauses of the rules of use of www.vaveapartments.com, in the version published by VAVE at the moment the user contracts the service. Such rules of use supplement these General Terms or Conditions in all that they do not oppose. Therefore, the user should be aware of the importance of consulting the rules of this page before accessing and/or using the apartments.The user/client can submit any type of claim through the form located here: www.vaveapartmetns.com.
10. Applicable law and jurisdiction.
These Terms and/or General Terms of Contract are governed by Spanish law. VAVE and the users, for the resolution of any dispute that may arise, with regard to its validity, execution, fulfilment or resolution, in whole or in part, are subject, with express waiver of their own jurisdiction or any other that, where applicable, may correspond to them, to the competence of the Courts and Tribunals of Madrid capital. This contract constitutes the full and complete expression of the agreement between VAVE and the user, and replaces all previous pact, commitment, manifestation or agreement, both written and oral, that have existed previously between both.
In all cases, any dispute arising from the provision of the apartments in which the customer is staying will be referred to the consumer's courts.
