General terms and conditions of contract

GENERAL CONTRACTING CONDITIONS.

This contractual document will govern the contracting of accommodation reservations through the website lucesdecatedral.com, property of Luces de Catedral, S.L., under the trademark Luces de Catedral, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions will remain published on the website at the disposal of the USER 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 USER to read them, since those that are in force at the time of making reservations or contracting additional services will be applicable.

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

Acceptance of this document implies that the USER:

Has read, understands and comprehends what is here
Is a person with sufficient capacity to
Assumes all obligations 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 business is responsible and aware of the current legislation that governs the provision of 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.

 

I.                 Identity of the contracting parties.

On the one hand, the PROVIDER of the accommodation reservation service contracted by the USER is Luces de Catedral, S.L., with registered office at Calle San Nicolás, 2, 1º dcha., 03002 Alicante, NIF B54917422 and customer/USER service telephone number 0034965168943.

And on the other hand, the USER, registered on the website using their personal data and a reservation number, for which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.

II. Purpose of the contract.

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time when the latter accepts, during the online contracting process, the rental of properties for holiday accommodation.

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

III. Contracting procedure.

In order to access the services or products offered by the PROVIDER, the USER must be of legal age and register through the website by creating a reservation. Therefore, the USER 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.

The USER will select the reservation conditions and indicate their personal data, which will be associated with a reservation number that will be used to access it at any time.

The USER undertakes to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or of possible access by an unauthorized third party, so that the PROVIDER proceeds to immediately block them.

Once the user account has been created, it is reported 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 clauses:

1. GENERAL CONTRACTING CLAUSES.

Unless otherwise stipulated in writing, making a reservation with the PROVIDER shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

 

2. ACTIVATION OF RESERVATIONS AND PAYMENT.

The PROVIDER will inform the USER in advance about the procedure to follow to make the trip reservation.

The automatic system for calculating availability and prices allows the USER to choose the apartment or house that interests him/her.

Once the reservation has been made, the PROVIDER will contact the USER by email to confirm the reservation. This term is understood as long as availability has been confirmed.

 

2.1. Failure to execute the distance contract.

In the event of unjustified delay by the PROVIDER in refunding the total amount due to cancellation of the reservation, the USER may claim payment of double the amount owed, without prejudice to his right to be compensated for damages suffered in excess of said amount.

The PROVIDER shall not assume any liability when the activation of the service is not carried out, due to the data provided by the USER being false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal).

Withdrawal form: https://lucesdecatedral.com/formulario-solicitud-desistimiento.pdf

The USER has the same rights and deadlines to proceed with the cancellation and/or claim any defects or flaws that the reservation may present, both online and offline.

Any modification, cancellation or action related to the reservation must be managed through the sales channel through which it was made. The PROVIDER will strictly comply with the reservation modification and cancellation policies established in the sales channels.

In the event of a request for a refund, the USER may be penalized according to the Cancellation Policies of the type of rate that he or she has reserved.

 

4. ONLINE CLAIMS AND DISPUTE RESOLUTION.

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

The PROVIDER.

C/ San Nicolás 2 1º dcha., 03002 Alicante

Telephone: 0034965168943

E-mail:  welcome@lucesdecatedral.com

 

If during the rental period any breakdown occurs in the installations or electrical appliances, the USER must immediately notify the PROVIDER 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 reserved accommodation with another of the same characteristics. In the event of no accommodation being available, the PROVIDER will refund the full amount paid.

4.1. 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 disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties 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/

 

5. FORCE MAJEURE.

The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.

 

6. COMPETENCE.

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

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

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

 

7. GENERALITIES OF THE OFFER.

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

All sales made by the PROVIDER shall be deemed to be subject to these General Conditions.

No modification, alteration or agreement contrary to the commercial proposal of the PROVIDER or stipulated herein shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it affects the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

7.1. Inputs and outputs.

The PROVIDER does not offer a permanent reception service, therefore, the client must indicate their arrival time at the apartments to schedule check-in, via email. booking@lucesdecatedral.com o al 0034965168943.

  1. Check-in will take place from 3:00 p.m. to 8:00 p.m. In the event of arrival outside of business hours, you must notify the PROVIDER in advance using any of the PROVIDER’s means of contact and the PROVIDER will provide the guest with instructions on how to access their accommodation.
    Check-out is every day until 12:00 p.m. Late check-out is not permitted.

Upon arrival and in accordance with current legislation, the USER must hand in the reservation form and all occupants of the accommodation will be identified, as well as completing the Traveler’s Report provided by the PROVIDER electronically or physically.

 

7.2. Extra services.

If the USER is interested in contracting an extra service, he/she must do so at the time of booking. The additional services will be the responsibility of and provided by the PROVIDER. Payment for these services will be made in accordance with these general contracting conditions duly published on the booking channels or those published by the PROVIDER for specific offers, by credit/debit card or in cash.

  1. Airport transfer service: The luxury private transport service will be offered to and from Alicante-Elche Airport. The guest must reserve the service at least 12 hours in advance, indicating the flight details, number of people, type of luggage and any other special situation. Available 24 hours a day, every day. The rate, payment and other conditions of the service are the responsibility of the collaborating company; therefore, our responsibility is limited to offering the USER the link to make the reservation for the transfer service.
  2. Welcome service: to enjoy this service, contact us via email at booking@lucesdecatedral.com. The service will be charged according to the policies duly published by the PROVIDER, through a credit/debit card.
  3. Breakfast service: to enjoy this service, you can reserve it at the time of booking, then in the guest profile or via email at booking@lucesdecatedral.com, indicating the number of guests and number of days they want the service. It will be charged according to the policies duly published by the PROVIDER.
  4. Cleaning and laundry service: The daily general cleaning service is included in the rate and will be carried out from 10:00 to 12:00 hours, according to the rules indicated in the apartment. If you require bed linen, towels or special cleaning, please inform the management through booking@lucesdecatedral.com or by calling 0034965168943. If you require express laundry service, please inform the management through booking@lucesdecatedral.com or by calling 0034965168943. Please leave the clothes in the laundry bags that you will find in the apartment and confirm the service for collection and delivery according to the scheduled time. Delivery time: 24 hours from the time of collection of the clothes, except for causes not attributable to the PROVIDER. Payment for the services will be made upon receipt of the order and in cash.
  5. Parking Service: The PROVIDER will inform the clients about the public car parks near its facilities, using the information published by the car park management companies; therefore, any modification will be the exclusive responsibility of said companies. If you use the Plaza de San Cristóbal car park, please present your ticket at reception to have it stamped and enjoy a discount on the daily rate.
  6. Extra beds and cots: The PROVIDER offers studios for double, triple, quadruple and quintuple occupancy; therefore, the preparation of the beds will be done according to the information collected in each reservation. In the event that the client requires more beds than those reserved at check-in, the difference resulting from accommodating all the guests must be paid, according to the available occupancy. A cot is available for children up to 2 years of age at no additional cost (upon request and subject to availability).

 

7.3. Customer Responsibilities.
  1. In no case is it permitted to occupy the accommodation by more people than those established in its maximum capacity. In the event that the client exceeds said capacity, the PROVIDER will charge a penalty for each unregistered person.
  2. Pets are not allowed.
  3. Smoking is not permitted within all the PROVIDER’s facilities, including stairs, main entrance or balconies. If tobacco consumption is detected within the facilities, the PROVIDER may, after notifying the guest, charge a penalty for extra cleaning.
  4. Access by car to the Old Town of Alicante is prohibited; it is recommended to park in the nearby public car parks. In the event of accessing the Old Town, the guest must provide the vehicle details for processing the incident with the Alicante City Council. Any breach in this regard is the exclusive responsibility of the guest. Therefore, the PROVIDER will not be liable for any claim arising from administrative sanctioning procedures initiated against the guest.
  5. It is not permitted to use the accommodations for celebrations.
  6. The use of electricity and water must be moderate.
  7. Children must always be accompanied by their parents and under their.
  8. The USER is responsible for the correct behavior of all his/her fellow reservation members, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.
  9. The PROVIDER will not be responsible for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including without limitation: damage, loss after fire, theft, crime, accidents or other types of damage.
  10. The PROVIDER is not responsible for objects left inside the apartments. Any object found inside the apartments after the departure or check-out of the guests will be kept for a period of fifteen (15) days.

 

8. PRICE AND VALIDITY PERIOD OF THE OFFER.

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless otherwise expressly stated, do not include tourist taxes or any other additional services and annexes to the service purchased.

The prices applicable to each accommodation are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the services may vary in real time. Prices may change daily until the reservation is made.

Any payment made to the PROVIDER entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that he/she has provided at the time of placing the order. This invoice will be sent to the USER and upon request, when the rental ends and payment for the contracted services is made: a) preferably by email; b) printed at the time of departure or check-out.

For any information about the reservation, the USER may contact the PROVIDER’s customer service phone number 0034965168943 or via email to the address welcome@lucesdecatedral.com

9.     PAYMENT METHODS, CHARGES AND DISCOUNTS.

The PROVIDER is responsible for the financial transactions and enables the credit/debit card payment method.

Credit card details will be requested as a guarantee against damage to the facilities. If damage attributable to the guests is confirmed, the card will be charged, after prior notification by email, with details of invoices for repairs and/or replacements.

Payment for the total reservation will be made in accordance with the cancellation policy published on each reservation channel, and the charge may be made at any time from the confirmation of the reservation. Credit card details are used as a guarantee.

9.1. Security measures.

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a 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 agrees that the PROVIDER may obtain data for the purpose of the corresponding authentication of the 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 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 buyer, issuing bank, merchant or cardholder(s).

10. PURCHASE PROCESS.

The website has a search system based on different parameters to facilitate the choice of accommodation.

10.1. Reservation with immediate confirmation.

  1. Select the check-in and check-out dates, the number of guests (adults and children) and the number of accommodations required.
  2. Select the type of accommodation and the type of rate desired, then the extra products or services if applicable and any other notes in the observations section. Once this step is completed, the taxes, charges and discounts will be calculated according to the data
  3. The reservation preview has no administrative link, it is only a section where a budget can be simulated without any commitment on both sides
  4. To confirm the reservation process, follow these steps:
      1. Checking the billing information.
      2. Checking the reservation (dates, ..).
      3. Selecting the method of
      4. Making the payment (if applicable)

     

  5. Once the reservation has been processed, the system sends an email to the PROVIDER’s management department and another to the USER’s email confirming the reservation.
  6. Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all the information. The PROVIDER is not responsible for errors in the email provided in the reservations, which prevent direct communication with the holder of the reservation.
  7. From the guest portal, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the specific conditions of each
11. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT.

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, that 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 in this document or any applicable legal provision, 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.

 

12. 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 consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

 

12.1. Compliance of the services with the contract.
  1. Unless proven otherwise, the services will be deemed to be in accordance with the contract provided that they meet all the requirements stated below, unless due to the circumstances of the case, any of them are not applicable:
    • They comply with the description made by the PROVIDER.
    • They are suitable for the uses for which the services of the same are normally intended.
    • They are suitable for any special use required by the USER, when this has been made known to the PROVIDER at the time of entering into the contract, provided that the latter has accepted that the service is suitable for this use.
    • They present the usual quality and performance of a service of the same type that the client can reasonably expect, taking into account the nature of this and, where applicable, the descriptions of the specific characteristics of the services made by the PROVIDER.
  2. The lack of conformity resulting from a service not performed or provided will be equivalent to the lack of conformity of the contract, provided that the responsibility for the same falls on the PROVIDER. or under its responsibility; on the contrary, when the service not performed or provided is due to negligence or bad practice of the USER, it will not be considered any fault of the PROVIDER. and will be considered in accordance with the terms of the
  3. There will be no liability for lack of conformity that the USER knows or could not have ignored at the time of entering into the contract or that has its origin in information supplied by the PROVIDER.
13.2. Responsibility of the PROVIDER.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. The PROVIDER recognises the USER’s right to repair the service, to its replacement, to a price reduction and to terminate the contract.

 

13.3. Repair and replacement of the hosting service.
  1. If the hosting service does not comply with the contract, the USER may choose between demanding repair or replacement of the same, unless one of these options is impossible or From the moment the USER informs the PROVIDER of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions in cases where repair or replacement fail to bring the service into compliance with the contract.
  2. Any form of compensation that imposes costs on the USER that, compared to the other form of compensation, 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 whether the alternative form of compensation could be carried out without major inconvenience for the USER, will be considered disproportionate.
  3. Repair and replacement shall be subject to the following rules:
    1. The necessary expenses incurred to remedy the lack of conformity of the services will be free of charge for the USER
    2. They will be carried out within a reasonable period of time and without major inconvenience for the USER, taking into account the nature of the services and the purpose they had for the USER
    3. If, after the repair has been completed and the accommodation has been delivered, it continues to be non-compliant with the contract, the USER may demand its replacement, a reduction in price or the termination of the contract
    4. If the replacement does not bring the accommodation into compliance with the contract, the USER may demand its repair, a reduction in price or the termination of the contract

 

13.4. Price reduction and termination of contract.

The reduction in price and termination of the contract will be applicable, at the discretion of the USER, when the latter cannot demand repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER.

Termination will not be applicable when the lack of conformity is of little importance.

 

13.5. Criteria for price reduction.

The price reduction will 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.

 
13.6. Deadlines.

Unless proven otherwise, delivery is deemed to have taken place on the date indicated in the reservation.

The USER must inform the PROVIDER of any lack of conformity at the time he or she becomes aware of it or, at the latest, at the end of the stay.

Unless proven otherwise, the USER shall be deemed to have notified the PROVIDER within the established period.

 

14. APPLICABLE LAW AND JURISDICTION.

These conditions shall be governed 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 PROVIDER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves 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 justice. For more information, see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION” of these Conditions.