GENERAL TERMS AND CONDITIONS

1. INTRODUCTION

This document, GTC, together with the documents mentioned herein, establishes the conditions governing the purchase of the services of the web WEB owned by GRUPO CALIFA with address at Plaza de España, 17 Vejer de la Frontera and e-mail address: reservas@lacasadelcalifa.com. The company MAGNUM PLUS, S.L. is registered in the Mercantile Register 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 purchase order through it, you are bound by these GTC, which may be modified, so it is your responsibility to read them periodically, but the GTC in force at the time of use of the website or conclusion of the contract will be applicable. The elements of the Web, as well as the services that appear for sale have been originally created in their idea, image, production system, etc., expressly by our company. The reproduction, publication, transmission, transmission, modification or distribution by any means of any element of this Web site is expressly prohibited. The photographs, images, illustrations, designs, graphics, icons and any other element that is part of the Web are the exclusive property of GRUPO CALIFA.

2. CONCLUSION OF THE CONTRACT 

The use of these services, will imply the full and unreserved acceptance, and the validity, of each and every one of the GTC that will be considered automatically incorporated into the contract that is signed with GRUPO CALIFA, without the need for its written transcription in the same.
Booking and contracting procedure:
The user makes the reservation of the desired service.
When confirming the reservation, the user must register the card payment. Once the payment has been made by credit card, you will receive an email confirming the reservation, this email will serve as proof of your reservation. Normally our confirmation time is very short or even immediate.
The holder of the credit card used to make the reservation must correspond to the guest staying at the establishment. The credit card used in the reservation will be requested to the legatee to verify that the data provided is correct. The credit card holder must be present at that time.
This contractual relationship is configured as tourist housing in accordance with the provisions of the Tourist Housing Law of Andalusia, Decree 28/2016 of February 2.
Upon delivery of the dwelling the users of the dwelling must show their identity document, in compliance with Decree 28/2016 and sign a copy of what is contained in this clause. Payment of the price constitutes acceptance of the booking conditions.

3. PRICE

The price of each service will be the one stipulated at all times on our website, except in case of typographical error, and is expressed in Euros (€), as currency. Although we try to ensure that all prices shown on the site are correct, errors may occur.
If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled, an email will be sent to you and you will be fully reimbursed for any amounts paid.
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 will be shown on the invoice.
The prices related to the reservation will be indicated to you during the booking process. These prices are detailed per room per night and are valid in writing and for the period indicated therein.

4. METHOD OF PAYMENT 

CALIFA CASAS may charge to the credit card used to make the reservation any payment for the amount necessary to cover repairs of damages, replacement or subtraction of damaged objects, extraordinary cleaning, etc. …. that have occurred during your stay, once the property and its equipment have been checked by CALIFA CASAS at the end of your stay; in case of paying for the reservation by another means of payment, you must provide the details of a credit card of your ownership at the time of check-in.
Under no circumstances may the User extend the stay or delay departure beyond the check-out time indicated at the time of check-in (unless expressly authorized in writing). In case of non-compliance CALIFA CASAS will charge to the credit card indicated in the deposit section, double the agreed daily rent for each day of delay or fraction of delay, as a penalty, and if applicable, the expenses that may be incurred, among others, the relocation of users who have purchased the property for that day. This penalty is an essential condition of the contract.
By accepting the GTC, the user expressly authorizes GRUPO CALIFA to automatically charge for the provision of its services, for which it may use the details of the bank card provided by the user at the time of booking the hotel room.
GRUPO CALIFA will store the data of the user’s bank card for the period necessary to verify that the additional expenses incurred by the user, after having checked-out, are fully covered. Therefore, GRUPO CALIFA will temporarily store this data for the sole purpose of being able to collect the additional expenses incurred by the user until his departure from the Hotel and that have not been paid at the time of Check-out.
Once GRUPO CALIFA has verified that the user has paid for all the services enjoyed, it will delete, where appropriate in compliance with the legal obligations that may be required, all data from the user’s bank card. Thus, if the user were to hire the services of GRUPO CALIFA again, he/she would have to provide his/her bank details again.
The user declares that he/she is the holder of the bank card that he/she provided for the payment of the services provided by GRUPO CALIFA and/or that it belongs to a third party who expressly authorized him/her for the use of the same.
The user guarantees that the personal and billing data provided to GRUPO CALIFA are true, accurate, current and complete and is responsible for communicating to GRUPO CALIFA any changes to them, so that the corresponding charge can be made.
In the event that GRUPO CALIFA could prove that the user committed fraudulent practices in relation to the use of the bank card for the payment of the services provided through the online Check-out process, GRUPO CALIFA reserves the right to initiate the legal actions that by law correspond to it.

5. TAXES 

All services that can be purchased on this website include the taxes legally established for such purchase.
In the event that the tax rate changes between the date of the reservation and the date of delivery of the services, generating a disparity, according to tax regulations, the tax rate that will be applied to the final price will be the one that corresponds at the time of delivery of the services or the accrual of the tax, even in cases where this would cause an increase in relation to the final price indicated to the customer during the reservation.

6. RIGHT OF CANCELLATION 

The client can cancel the reservation free of charge up to 7 days before the date of arrival. In case of late cancellation, 50% of the reservation will be refunded.
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 express written authorization, CALIFA CASAS reserves the right to terminate this contract and even demand the immediate eviction from the property without any compensation.

7. OTHER PARTICULAR CONDITIONS 

The property is delivered clean and prepared for its use and has been checked by CALIFA CASAS staff prior to its arrival.
The User is obliged to leave the property picked up, the used dishes placed in the dishwasher or washed, garbage removed and the furniture in the same location in which it was found.
Otherwise, any extra cleaning, repairs and/or replacement of furniture will be charged to the credit card mentioned in the deposit section of this contract.
The stay of pets in the house must be previously authorized in writing. Otherwise CALIFA CASAS reserves the right to demand the eviction from the house.
It is forbidden to smoke inside the house.
The property has been checked before the User enters.
The User must check upon entry the good condition and operation of the property, notifying CALIFA CASAS in writing, within a maximum period of 24 hours, of any anomaly and/or damage that may be detected, so that it can be solved as soon as possible, taking into account the impossibility of carrying out any type of repair during weekends.
The damages in the house 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. Responsible and environmentally friendly consumption is requested.
The User and his companions will respect, where appropriate, the rules and regulations of the community or association of neighbors of which the tourist accommodation is part. They shall avoid any kind of disturbance that may alter the coexistence and rest of the neighbors. Likewise, it is not permitted to hold any type of event, party or celebration inside the assigned property and its exteriors, which entails the entry and exit of persons outside the property and who, if applicable, have been previously authorized in the reservation by CALIFA CASAS.
Failure to comply with the above will result in the imminent eviction from the property without the right to any compensation from CALIFA CASAS and CALIFA CASAS may claim from the Users for all damages and losses caused, as well as charge the appropriate amount to the credit card mentioned in the deposit section of this contract.
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 will be informed upon arrival of the instructions for the correct and proper use of the property and other facilities, of which he/she is aware and accepts these rules.
It is forbidden to alter the property, paint, move furniture, ornamental elements and/or decorative objects. No object of the property may be removed from the same, including furniture and household goods.
During his/her stay, the user shall allow CALIFA CASAS staff unrestricted access to the property in case it is necessary, or in case of emergency, CALIFA CASAS or the person designated for this purpose may access the property in order to solve any problem that may arise inside the property. For this purpose, the User must provide a contact telephone number upon arrival and be able to communicate the reason or give prior notice of the need to enter the dwelling, being obliged to allow access to the same.
Likewise, the User shall allow a courtesy visit to the dwelling every 7 days of accommodation so that CALIFA CASAS can check the User’s stay and the situation of the dwelling.
Temporary cuts of any supply (water, electricity or gas) caused by breakdown, repair or maintenance of the general network will not entitle the User to any compensation from CALIFA CASAS, on the other hand, in the case of serious flaws or permanent damage to the property that prevent the use for which it is intended, the User will be entitled to a refund in proportion to the number of days that 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 that were given to him/her upon arrival. The loss of these will imply an additional cost that will be charged to the credit card mentioned in the deposit section.

In case of loss of personal belongings, theft, robbery or personal damage, the user waives any claim to CALIFA CASAS or the owner of the property.
The insurance of the dwelling does not cover personal damages, illness or injury of the Users and any accompanying person, therefore it is recommended that a personal travel insurance be taken out.
All occupants of the property shall be jointly and severally liable for any damage or injury caused by misuse of the property.

8. PUBLIC ORDER 

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

9. QUALITY 

GRUPO CALIFA may, for greater agility and for the benefit of the users, modify unilaterally, at any time and without prior notice, the services provided, or the Conditions of operation, techniques and use of the services. In the same way, the users, in order to improve the service and establish an optimum level of quality, ultimate objective of GRUPO CALIFA, may suggest those modifications that they deem useful, by contacting those responsible for the page through the e-mail address: reservas@lacasadelcalifa.com.

10. WRITTEN COMMUNICATIONS 

The applicable regulations require that part of the information or communications that we send you be in writing. By using this Web site, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this Web site. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.

11. NOTIFICATIONS 

Notices will be deemed to have been received and properly given at the time they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
For any disagreement between the parties, they waive any jurisdiction that may correspond to them and expressly submit to the jurisdiction of the Courts and Tribunals of Barbate.

12. ASSIGNMENT OF RIGHTS AND OBLIGATIONS 

The Agreement is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a Contract but you may assign or donate the purchased product to anyone you wish. We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under it to or for us at any time during the term of this Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect your rights, if any, as a consumer recognized by law.
If any, you have as a consumer recognized by law or will void, reduce or otherwise limit any express or implied warranties that we may have granted to you.

13. FORCE MAJEURE 

We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, but not limited to, the following:
1. strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract notwithstanding the Force Majeure Event.

14. APPLICABLE LAW AND JURISDICTION 

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, and in particular those of the buyer’s domicile.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we make available to the customer 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