1. INTRODUCTION

This General Terms and Conditions contract, hereinafter referred to as GTC, together with the documents within it, establishes the conditions governing the services of the website www.califacasas.com owned by CALIFA CASAS VEJER SL (hereinafter and throughout the website referred to as CALIFA CASAS, S.L.) with address Plaza de España 10, 11150, Vejer de la Frontera (Cádiz) and e-mail address: hello@califacasas.com. The company CALIFA CASAS VEJER SL is registered in the Mercantile Registry of Cadiz, Volume 1051, Book: 0, Page 11313.

Please read these terms and conditions carefully before using this website.

By using this website or making a reservation via this website, you are bound by these GTC, which may change from time to time. These terms and conditions may be modified, but the terms and conditions enforced will be those listed at the time you use the website.

The User may access, print, download and save the GTC at any time. Estas Condiciones estarán permanentemente accesibles en el sitio web a través del enlace.

Elements of the web, as well as the services that appear for sale, have been originally created, ideas, images, production system, etc., expressly by our company. The reproduction, publication, transmission, modification or distribution by any means is strictly prohibited. The images, illustrations, designs, graphics, icons and any other element that forms part of the website are the exclusive property of CALIFA CASAS, with the exception of some photographs, which, it should be noted, are protected by copyright.

• 2. CANCELLATION POLICY

The client can cancel the reservation free of charge 8 days or more before the start of the rental. If the client cancels 7 days or less before the start of the rental, or they are considered a “no-show”, they are liable to pay 100% of the total price.

The client can cancel the reservation free of charge 8 days or more before the start of the rental.

Only and exclusively the use of the property is authorized to the persons indicated in the reservation and in case of exceeding the number of persons without written authorization, CALIFA CASAS reserves the right to terminate the contract and demand immediate eviction from the property without any compensation.

Unless the cancellation has been made in accordance with the preceding paragraphs, in case of a no-show on day of arrival, the reservation will be cancelled in its entirety and a charge of 100% of the total amount will be charged, with no refund due.

3. CONTRACT OF SALE

APPLICABLE REGULATIONS

The properties offered, together with their main characteristics and price, are displayed on screen.

CALIFA CASAS reserves the right to decide, at any time, the products and/or services offered to Clients. Therefore, CALIFA CASAS may, at any time, add new properties to those currently offered. Likewise, CALIFA CASAS reserves the right to withdraw or stop offering, at any time and without prior notice, any of the services offered.

The GTC regulate the selling relationship between CALIFA CASAS and the Client, in accordance with the legal stipulations, in particular, Law 7/1998, dated 13th April 1998, on General Contracting Conditions, Law 3/2014, dated 27th March, which amends the text of the General Law Protecting Consumers and Users, the current Personal Data Protection regulations (Regulation (EU) 2016/679), Law 7/1996, dated 15th January 1996, on Retail Trade Regulation and Law 34/2002, dated 11th July 11 2002, on Information Society Services and Electronic Commerce and the Directive 2009/22/EC of the 2009/22/EC of the European Parliament and of the Council, dated 23rd April.

Once on www.califacasas.com, and in order to contract any of the different services, the User must follow all the instructions indicated in the BOOKING process, which will imply the reading and acceptance of all the general conditions set out in www.califacasas.com

RESERVATION PROCESS

The User can make the online reservation for the service required.

The availability of the properties provided by CALIFA CASAS through its website may vary depending on client demand. In general, all the services offered will be available. However, all reservations are subject to availability and confirmation.

To make a reservation via www.califacasas.com it is necessary that the client is of legal age.

The client may choose any service presented by CALIFA CASAS. The characteristics of the service and the price appear on screen.

The use of these services implies full acceptance of each and every one of the GTC, which are incorporated into the rental contract signed with CALIFA CASAS

Contracting Procedure:

• – Enter dates and number of guests.
• – Search for available accommodations.
• – Select one of the accommodations and click on “Book Now”.
• – Enter personal and payment details.
• – Accept the Terms and Conditions.
• – Confirm reservation and payment.
• – Receive confirmation e-mail.

To confirm the reservation, the user must provide a credit card or make a bank transfer to the account number provided via email. Once the reservation has been processed, you will receive an email confirmation. This email will serve as proof of contract and is normally immediate.

The contract will be filed in an electronic format. It is also recommended that the client prints and/or keeps a hard copy, as well as the confirmation sent by CALIFA CASAS by email.

The holder of the credit card used to make the reservation must correspond to a guest staying at the property. The credit card used for the reservation will be requested upon arrival to verify that the information provided is correct. The credit card holder must be present.

This contractual relationship is configured in accordance with the provisions of the Andalucian Tourist Housing Law, Decree 28/2016 dated 2nd February.

Upon arrival at the rental property, the clients must show their identity card/passport, in compliance with Decree 28/2016, and sign a copy of the contract. Payment of the rental constitutes acceptance of the booking conditions.

SPECIAL OFFERS

One-time offers are valid for a specific period of time, which can be consulted in the specific conditions of the offer.

INVOICING

Invoices will be issued and sent to the customer by e-mail upon request. The customer accepts the use of e-mail as the only applicable method for the receipt of invoices.

4. PRICE

The price of each service will be the one stipulated at that moment on our website, and it is expressed in Euros (€).

The prices relative to the reservation are indicated before, during and after the reservation, and refer to the individual property and are relevant to the number of persons and the date selected.

When confirming the reservation, the Client is informed of the total price including taxes.

Unless otherwise indicated on the website, the price does not include any additional extras not expressly offered at the time of booking. For each property you will find details of the amenities and the equipment available.

The prices include the VAT applicable on the day of booking, but any change in the applicable VAT rate will be automatically passed on to the client. VAT will be automatically charged on the price indicated on the date of invoicing.

The prices on this website include the corresponding taxes (e.g., VAT). On the final invoice, the price of the service(s) purchased and the applicable taxes are therefore broken down.

Any changes or introduction of new legal or regulatory fees imposed by authorities will be automatically charged on the price indicated on the date of invoice.

5. PAYMENT

www.califacasas.com accepts the following means of payment:

– Bank card.

– Bank transfer.

Our company uses a certificate of security S.S.L “Secure Sockets Layer” protocol designed to allow the secure transmission of information. In order to give the maximum security, we use secure payment systems from leading e-commerce financial institutions. Payments by credit card will be made through a payment gateway, your data being encrypted under the secure server.

With bank transfers, the reservation will not be confirmed until payment has been received. CALIFA CASAS will provide the details of its bank account via email. As soon as CALIFA CASAS receives payment, we will proceed to confirm the reservation. The client can shorten this process by sending the proof of the transfer by email.

By accepting these terms and conditions, the user expressly authorizes CALIFA CASAS to charge for the provision of its services, for which purpose it may use the bank card details provided by the user at the time of booking.

CALIFA CASAS, will be able to charge to the credit card any payment for the amount of the rental. CALIFA CASAS can use the credit card used to make the reservation for payment to cover the repairs, damage, replacement or subtraction of damaged objects, extra cleaning, etc. …. that may have occurred during the rental, once CALIFA CASAS has checked the condition of the property and its equipment. If payment is by other means, the Client must provide credit card details at the time of check-in. The User may under no circumstances extend the stay or delay departure beyond the check-out time indicated on arrival (unless expressly authorized in writing). In case of non-compliance CALIFA CASAS will charge to the credit card double the agreed daily rent for each day as a penalty, and, if applicable, the expenses that it may cause, such as the relocation of the following clients. This penalty is an essential condition of the contract.

CALIFA CASAS will store the bank card for the period of time necessary to verify that the additional expenses incurred by the user, after having checked-out, are fully covered. CALIFA CASAS will temporarily store this information for the sole purpose of being able to collect the additional expenses incurred by the user.

Once CALIFA CASAS has verified that the user has paid for all the services, it will eliminate all the bank card data. Therefore, if the user would contract again the services of GRUPO CALIFA, he would have to provide again his bank details again.

The User declares that he is the holder of the bank card provided for the payment of the services provided by CALIFA CASAS or that it belongs to a third party who expressly authorized him to use it.

The User guarantees that the personal and billing information provided to CALIFA CASAS is accurate, exact, current and complete, and is responsible for communicating to CALIFA CASAS any amendment.

In the event that CALIFA CASAS proves that the user committed fraudulent practices in relation to the use of the card, it reserves the right to initiate the corresponding legal actions.

6. TAXES

All the services of this website include the legally established taxes. In the event the tax rate changes between the date of the reservation and the date of the rental, generating a disparity, the rate applied will be the one when the rental commences, even if this causes an increase to the total price originally indicated to the client in the reservation.

7. WITHDRAWAL

According regulations, the consumer and user have the right to WITHDRAW from the contract within 14 calendar days without having to state the reason and without incurring any cost, except for those provided in Art. 107.2 and 108 of RD1/2007, dated 16th November 2007, which approves the aforementioned text of the General Law for the Protection of Consumers and Users.

This right of withdrawal is not applicable to the

provision of services already provided or started. – The provision of accommodation services or services related to leisure activities, if the contract provides for a specific date or period of performance.

The term to withdraw from the service contract is 14 calendar days from the date of conclusion of the contract. Provided that an accommodation date has not been closed, the user must inform CALIFA CASAS of his/her desire to exercise this right, which can be done by filling out the following WITHDRAWAL FORM.

The exercise of the right of withdrawal will result in the cancellation of the service. CALIFA CASAS will acknowledgement receipt of withdrawal. Withdrawal implies that CALIFA CASAS will proceed to refund the amount already paid by the client within a maximum period of time, provided that the contracted service is not within the exceptions indicated above.

Once we receive the request we will contact the customer with the details of the return.

8. CONDITIONS

The property is delivered clean and ready to use and has been checked CALIFA CASAS staff.

The User is obliged to leave the property tidy, dirty crockery placed in the dishwasher or washed, all rubbish and recycling removed and the furniture in the same place in which it was on arrival.

Any extra cleaning, repairs and/or replacement of furniture will be charged to the credit card mentioned above.

The stay of pets in the house, with a paid supplement, must be previously authorised in writing. Otherwise CALIFA CASAS reserves the right to demand the eviction from the house.

Smoking is forbidden inside the house.

The User must check on arrival the condition and operation of the property, notifying CALIFA CASAS in writing, within a maximum period of 24 hours, of any anomaly and/or damage, so that it can be resolved as soon as possible, taking into account the possibility that some repairs may not be carried out over a weekend.

Any damage to the property detected during or at the end of the stay caused by the User will be repaired at the User’s expense.

All utilities (electricity, water and gas) are included in the rental price. We kindly ask for responsible and environmentally friendly consumption.

The User and his companions shall respect, where appropriate, the rules and regulations of the community or association of neighbours. They shall avoid any type of disturbance that may disrupt the neighbours. Likewise, it is not allowed to host any type of event, party or celebration inside the rental property or its exteriors, which entails the entrance and exit of people and that, if applicable, have been previously authorised in the reservation by CASAS CALIFA.

Failure to comply will result in the imminent eviction of the tenant from the property without the right to any compensation due and CALIFA CASAS may claim any damage from the Users, as well as make the appropriate charge to the credit card.

Users are aware and accept that they are occupying private property and are responsible for their own safety and health.

Any improper use of the interior and exterior facilities of the property shall be the sole responsibility of the User. For this reason, the User is informed upon arrival of the instructions for the correct and proper use of the house and its facilities,

It is forbidden to alter the property, paint, move furniture, ornaments and/or decorative objects. No object of the property may be removed, including furniture and household goods.

During his stay, the user shall allow CALIFA CASAS staff unrestricted access to the property if necessary, or in case of emergency, with the purpose to solve any problem that may arise inside the property. For this purpose, the User shall provide a contact telephone number upon arrival and be able to communicate and give prior notice of the need to enter the property.

Likewise, the User shall allow a courtesy visit to the dwelling every 7 days of accommodation.

Temporary cuts of any supply (water, electricity or gas) caused by breakdown, repair or maintenance of the general network will not entitle clients to any compensation. However, in the case of serious flaws or permanent damage to the dwelling that prevent the use for which it is intended, the User will be entitled to a refund in proportion to the days in which the property cannot be inhabited, except in cases of force majeure, storms, earthquakes, etc….

At the end of the stay the user is obliged to return to CALIFA CASAS all the keys and remote controls that were given to him upon arrival. The loss of these implies an additional cost that will be charged to the credit card.

In case of loss of personal belongings, theft, robbery or personal damage, the user waives any claim to CALIFA CASAS or to the owner of the property.

The homeowner’s insurance does not cover personal damage, illness or injury to Users and any companions, so it is recommended they have personal travel insurance.

All occupants of the dwelling shall be jointly liable for any damage or harm caused by its misuse.

9. POLICY FOR MINORS

Minors under 18 years of age must be accompanied by their parents, guardians or authorised adults. CALIFA CASAS may require the relevant documentation that identifies the adults as their parents/guardians or authorised persons.

10. PUBLIC ORDER

The user undertakes to use the services in accordance with the law, good practice and public order, as well as in accordance with the provisions of these GTC. Consequently, is obliged not to use the services for illicit purposes or effects and/or contrary to what is established in these Terms and General Conditions, harmful to the rights and/or interests of third parties or that, in any way, may damage the services of CALIFA CASAS and/or its image.

11. QUALITY

GRUPO CALIFA may, for greater agility and for the benefit of the users, modify, at any time and without notice, the services provided. In the same way, the users may suggest those modifications that they deem useful, by contacting those responsible via e-mail address – hello@califacasas.com.

12. NOTIFICATIONS

For the purpose of notifications, the company designates the following address as the contact specified in the legal notice. The e-mail address provided by the User during the registration process on our website, will be the one used by the company to send notifications to the User.

The User is obliged to update the data for the purposes of notifications.

All notifications made by the company to the User shall be deemed to have been validly made if they have been made using the data and by the means indicated above.

The company accepts no liability for any damage that may arise from the User’s failure to keep his or her contact details up to date.

13. LANGUAGE

Pursuant to the provisions of art. 27. 1d) of Law 34/2002, dated 11th July 2002, of Services of the Information Society and Electronic Commerce, we inform you that you can access our website, as well as the general contract conditions in Spanish and English.

14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding for both you and us and our respective successors. You may not convey, assign, encumber or otherwise transfer a Contract but you may donate the purchased product to anyone you wish. We may transfer, assign, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of this Contract. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers shall not affect your statutory rights as a consumer, if any, or void, reduce or otherwise limit any express or implied warranties we may have given you.

15. FORCE MAJEURE

We shall not be liable for any failure or delay, the cause of which is due to events beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our control, including but not limited to the following:

1. 1. Strikes, walkouts or other industrial action.
2. 2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat of war.
3. 3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. 4. Household confinement such as, for example, in case of COVID and the like.
5. 5. Impossible use of trains, ships, airplanes, motor transport or other means of transportation, public or private.
6. 6. Impossible use of public or private telecommunication systems.
7. 7. Acts, decrees, legislation, regulations, rules or restrictions of any government or public authority.
8. 8 Strike, failure or accidents of maritime or river transportation, postal or any other type of transportation.

It shall be understood that our contractual obligations shall be suspended during the period in which the Force Majeure event continues, and we shall have an extension of time to perform such obligations. We will use all reasonable efforts to bring the Force Majeure event to an end or to find a solution that will enable us to perform our contractual obligations.

16. APPLICABLE LAW AND JURISDICTION

The use of our website and the rental contracts shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21st May 2013, we make available to the client the following link that allows access to the European Union’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES –

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

17. COMPLAINT FORMS

In accordance with the provisions of Decree 72/2008, dated 4th March, which regulates the complaint and claim forms for consumers in Andalusia, we inform you of the existence of complaint forms which may be requested by sending a message to the address hello@califacasas.com