This contractual document shall govern the contracting of products and services through the website www.lagraja.com, property of DAVID SÁEZ CATALÁN, under the trademark of Casa Rural & Spa La Graja, hereinafter referred to as PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
– Has read and understood the above.
– Is a person with sufficient capacity to enter into contract.
– Assumes all obligations set forth herein.
These conditions are valid for an indefinite period of time and apply to all contracts made through the website.
The PROVIDER informs that the business is liable and understands the current laws of the countries in which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
The contract is entered into by DAVID SÁEZ CATALÁN, the provider of the services contracted by the USER, whose registered address is located at CALLE DEL PAJE, 7 – 28370 CHINCHÓN (Madrid), TIN 07485722G and customer/USER service telephone +34 687 317 866.
On the other hand, the USER will provide by email their personal data requested, for which they have full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the moment the USER accepts, during the online contracting process, the rental for temporary accommodation and services.
The contractual relationship for the reservation of accommodation entails the rental of the chosen room for a limited period of time, in exchange for a specific price, which is publicly displayed on the website. Extra services must be contracted at the time of booking or on arrival at the establishment, subject to availability.
The USER undertakes to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER 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 reservation has been made, 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 following steps will be followed during the contracting procedure:
- General contracting clauses.
- Activation of reservations.
- Claims and online dispute resolution.
- Force majeure.
- General information of the offer.
- Price and period of validity of the offer.
- Transport costs.
- Method of payment, costs and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
- GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
- RESERVATION AND PAYMENT PROCESS
The PROVIDER will previously inform the USER about the procedure to follow in order to book the accommodation or services.
Our automatic availability and price calculation system will allow you to choose the room you are interested in. This will be formalised when you enter your credit card number and expiry date. The costs incurred by this method of payment will be charged to the USER.
Booking confirmation: The booking will be confirmed instantly and you will immediately receive an e-mail with all the details (hotel address, contact details, dates, etc.).
Online payment security: we are committed to protecting USER data to the maximum.
The hotel may charge 100% of your reservation once you enter the cancellation policy period (7 days prior to arrival).
Failure to execute the contract remotely
In the event that the contract cannot be executed because the accommodation is not available on time, 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 at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the full amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the activation of the service does not take place, due to false, inaccurate or incomplete data provided by the USER.
- CANCELLATIONS (RIGHT OF WITHDRAWAL)
The USER has the same rights and deadlines to proceed with the cancellation and/or claim for possible defects or flaws in the reservation, both online and offline.
All cancellations must be communicated to the PROVIDER by e-mail to email@example.com, indicating the corresponding reservation number. In the event of a refund, the USER may be penalised for the concepts indicated below:
– If the booking is cancelled before 7 days prior to the date of arrival, no charge will be made for the booking.
– If the booking is cancelled after 7 days prior to the arrival date, the first night’s accommodation will be charged.
– If the booking is cancelled the day before, the day of arrival or no-show, 100% of the booking amount will be charged.
- CLAIMS AND ONLINE DISPUTE RESOLUTION
Our aim is that our customers have a pleasant stay.
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
CALLE DEL PAJE, 7 – 28370 Chinchón (Madrid)
Telephone: 687 317 866
If during the rental period there is any breakdown in the installations or electrical appliances, the USER must notify the PROVIDER immediately in order to resolve these incidents as soon as possible.
In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the accommodation booked with another of the same characteristics. In the event of unavailability of accommodation, the PROVIDER will reimburse the total amount paid.
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
COVID-19: If, due to mobility restrictions or having to remain in quarantine because of being COVID-19 positive or having been in direct contact with a positive person, the USER cannot travel to the booked accommodation, he/she will have the possibility of cancelling his/her reservation. Provided that he/she can present the corresponding medical certificate.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.
- GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER are subject to these General Conditions.
No modification, alteration or agreement contrary to the PROVIDER’s or USER’s Commercial Proposal stipulated herein shall have any effect, unless expressly agreed in writing signed by BOTH, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
Check-in and check-out
Check-in: The key collection timetable is from 13:00 to 20:00 at the reception of Casa Rural & Spa La Graja, Calle del Paje, 7, 28370 CHINCHÓN (Madrid). The approximate time of arrival must be indicated in the booking e-mail.
Arrivals later than 20:00 are not accepted. If for any reason your arrival is later, you must be authorised by the Casa Rural.
On your arrival at our Casa Rural, and in accordance with current legislation, you must sign the travellers’ report, a sheet where your details appear to identify you. (This information will be requested by email three days before your arrival).
The accommodation is delivered clean, with bath towels and bed linen, which are included in the price of the room.
Check-out: The check-out time of the accommodation is until 12:00 at the latest. To do so, you must leave the room key at reception.
If you are interested in hiring our extra services, you must do so at the time of booking.
Extra bed: This can only be requested in some of the rooms upon request and confirmation by the Casa Rural.
You can find the updated prices on our website.
The customer undertakes to respect the rules of the Casa Rural. During the hours of rest from 24:00 to 9:00 it is not allowed to make noise. The establishment does not allow party celebrations.
In no case it is allowed to occupy the lodging for more people than those established in your reservation.
The use of electricity and water must be rational. When the air conditioning or heating is on, do not forget to close doors and windows.
Children must always be accompanied by their parents and under their responsibility.
The person holding the reservation is responsible for the correct behavior of all occupants, otherwise he/she reserves the right to expel the occupants from the accommodation, without the right to future claims or any kind of compensation.
The OWNER shall not be liable for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including but not limited to: damage, loss after fire, theft, crime, accidents or other types of damage.
- PRICE AND PERIOD OF THE 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, or any other additional services and annexes to the service purchased.
The prices applicable to each property are those published on the website and shall 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 until the reservation is made.
All payments made will result in the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of booking. This invoice will be given to the USER if requested.
For any information about the reservation, the USER may contact the customer service telephone number 687 317 866 or via e-mail to firstname.lastname@example.org.
- TRANSPORTATION COSTS
There are no transportation costs.
- METHOD OF PAYMENT, COSTS AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to pay for an order:
– Credit card
– Bank Transfer
The web site uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER agrees 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 brands’ programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
- PURCHASE PROCESS
Our website has a search system based on different parameters to make it easier for you to choose your accommodation. Types of reservations:
Reservation with Immediate Confirmation: It will be made from the booking tab of our website. Once you have entered all the required data, you will receive an automatic confirmation email. You will be able to make the booking online and add any extra services that suit you.
Reservation on request: You can request your reservation by email indicating date, days of stay and number of people. Once your request has been received, the Rural House will reply informing you of availability and the data necessary to formalise the reservation.
Reservation (purchase request)
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 room.
The final price will be calculated according to the selected check-in and check-out dates, the number of people accommodated (adults and children), and the extra services chosen.
- 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 USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
- GUARANTEES AND REFUNDS
The guarantee of the services offered will respond to the following articles based on the 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
- Unless there is evidence to the contrary, the services shall be deemed to be in conformity with the contract provided that they meet all of the following requirements, unless, due to the circumstances of the case, any one of them is not applicable:
a) Comply with the description made by the PROVIDER.
b Are suitable for the uses to which the services of the same type are ordinarily destined.
c Are suitable for any special use required by the USER, when the USER has informed the PROVIDER at the time of the conclusion of the contract, provided that the PROVIDER has admitted that the service is suitable for such use.
d They present the usual quality and performance of a service of the same type that the client 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 the PROVIDER.
e. The PROVIDER describes the details, technical characteristics and photographs of the properties provided by the property owners, so that the PROVIDER is not bound by these public statements.
- The lack of conformity resulting from a service not performed or rendered shall be equated to the lack of conformity of the contract, provided that the responsibility for the same lies with the PROVIDER or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or bad practice of the USER, it shall not be considered any fault of the PROVIDER and shall be considered in accordance with the terms of the contract.
- There shall be no liability for non-conformities which the USER knows or could not have been unaware of at the time of conclusion of the contract or which originate from information supplied by the USER.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the accommodation. The PROVIDER recognizes the USER the right to repair the service, to its replacement, to the price reduction and to the termination of the contract.
Repair and replacement of the hosting service
- If the hosting service is not in accordance with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER informs the PROVIDER of the chosen option, both parties shall abide by it. This decision of the USER is without prejudice to the provisions in the cases in which the repair or replacement fails to bring the service into conformity with the contract.
- Any form of remedy that imposes costs on the PROVIDER that, in comparison with the alternative form of remedy, are unreasonable, 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 whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.
Repair and replacement shall be in accordance with the following rules:
– They will be free of charge for the USER the necessary expenses incurred to remedy the lack of conformity of the contracted services.
– 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 is still not in conformity with the contract, the USER may demand its replacement, a price reduction or the termination of the contract.
– If the replacement fails to bring the property into conformity with the contract, the USER may demand the repair of the property, the reduction of the price or the termination of the contract.
Price reduction and contract termination
The price reduction and termination of the contract will proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where 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.
Price reduction criteria
The price reduction shall be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
Unless proven otherwise, the delivery is understood to have been made on the day shown on the reservation.
The USER must inform the PROVIDER of the non-conformity at the moment he/she becomes aware of it or, at the latest, at the end of the stay.
Unless there is evidence to the contrary, it shall be understood that the USER’s communication has taken place within the established deadline.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject of these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Conditions.