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General conditions

General conditions

This contractual document will govern the contracting of products and services through the website https://www.apartamentosestartit.com/, property of TORRENT API SAU, hereinafter TORRENT API SAU.

The acceptance of this document implies that the USER:

- You've read, you understand and you're agree with this text.
-He is a person with sufficient capacity to contract.
-He assumes all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the TORRENT API SAU website.

TORRENT API SAU informs that the merchant is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously contracted to the modification.

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the provider of the services contracted by the USER is TORRENT API SAU, with registered office at Pg. de Catalunya, no. 35 - Torroella de Montgrí 17257 (GIRONA), NIF A17031170 and with the customer service telephone number / USER subject to this contract 972 751 744.
And on the other, the USER, responsible for the veracity of the personal data provided to TORRENT API SAU.

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship between TORRENT API SAU and the USER at the moment in which the latter accepts, during the online contracting process, the rental of real estate for temporary accommodation.

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

HIRING PROCEDURE

The USER, to access the services or products offered by TORRENT API SAU, must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and the Organic Law (ES) 15/ 1999 of December 13 (LOPD) regarding the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The contracting procedure will follow the following steps:

  1. General contract clauses.
    2. Reservation and payment process
    3. Annulments.
    4. Claims.
    5. Force majeure.
    6. Competition.
    7. General information about the offer.
    8. Price and validity period of the offer.
    9. Purchase process.
    10. Applicable warranties.
    11. Applicable Law and Jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with TORRENT API SAU will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of TORRENT API SAU if it has not been expressly accepted in advance and in writing by TORRENT API SAU.

2. RESERVATION AND PAYMENT PROCESS

Our automatic system for calculating availability and prices will allow you to choose the apartment or house you are interested in and immediately make the online payment of 40% of the rental price or, failing that, you can make a bank transfer within a maximum period of 72 hours.
If this transfer cannot be made within that period, your reservation is automatically cancelled. The expenses originated by this payment method will be borne by the USER.

Reservation confirmation: Once the 40% payment has been made, the reservation will be confirmed instantly and you will immediately receive an email with all the details (key collection address, contact office details, dates, etc. .)

Security in online payment: TORRENT API SAU undertakes to protect USERS' data to the maximum.

Deposits: A card number is requested as a guarantee. It is provided on arrival.

Inputs and outputs:
The time of entry is confirmed with the reservation confirmation. The departure time is until 10:00 a.m.
Contact the agency if you have any requests in this regard.
Arrival outside office hours must be agreed with the agency and it is an extra service whose cost is €30. In these cases, the rest of the reservation is paid the next day at the reception office.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with TORRENT API SAU will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of TORRENT API SAU if it has not been expressly accepted in advance and in writing by TORRENT API SAU.

2. RESERVATION AND PAYMENT PROCESS

Our automatic system for calculating availability and prices will allow you to choose the apartment or house you are interested in and immediately make the online payment of 40% of the rental price or, failing that, you can make a bank transfer within a maximum period of 72 hours.
If this transfer cannot be made within that period, your reservation is automatically cancelled. The expenses originated by this payment method will be borne by the USER.

Reservation confirmation: Once the 40% payment has been made, the reservation will be confirmed instantly and you will immediately receive an email with all the details (key collection address, contact office details, dates, etc. .)

Security in online payment: TORRENT API SAU undertakes to protect USERS' data to the maximum.

Deposits: A card number is requested as a guarantee. It is provided on arrival.

Inputs and outputs:
The time of entry is confirmed with the reservation confirmation. The departure time is until 10:00 a.m.
Contact the agency if you have any requests in this regard.
Arrival outside office hours must be agreed with the agency and it is an extra service whose cost is €30. In these cases, the rest of the reservation is paid the next day at the reception office.

Services:
They may vary depending on the accommodation.
All services (included and optional) as well as their prices, are described in the accommodation characteristics file.
We suggest special attention to the Observations section. It is not in all the tabs and its content varies.

Client Responsibilities:
The client undertakes to respect the regulations of the Community.
During the rest hours from 10:00 p.m. to 9:00 a.m., it is not allowed to use the accommodations for the purpose of party celebrations, or to make noise.
In no case is it allowed to occupy the accommodation by more people than those established in its maximum capacity.
The use of electricity and water must be rational. When the air conditioner is on, don't forget to close the doors and windows.
It is forbidden to hang towels and clothes on the balcony railings.
The pool schedule is set by each Community and is generally from 10:00 to 21:00. It is forbidden to nail objects such as parasols, awnings, etc. on the lawn, as well as using inflatable mattresses in the pool.
Children must always be accompanied by their parents and under their responsibility.

The person holding the contract is responsible for the correct behavior of all its occupants, otherwise TORRENT API SAU reserves the right to expel the occupants from the accommodation, without the right to future claims or any type of compensation.

Neither TORRENT API SAU, nor the owner will be responsible for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including without limitation: damage, loss due to fire, theft, delinquency, accidents or other types of damage.

GROUPS OF UNDER 25 YEARS OLD ARE NOT ADMITTED.
PARTIES OR EVENTS ARE NOT ADMITTED.
IT IS NOT ALLOWED TO OCCUPY THE ACCOMMODATION BY MORE PEOPLE THAN THOSE INDICATED IN YOUR RESERVATION

All occupants of the accommodation must be properly identified before entering the accommodation. In case of not meeting the age requirement, we reserve the right to deny access to the property or request an extra cash deposit of €1,000.

Keep in mind that according to Decree 75/2020, of August 4 of Tourism of Catalonia: "In the event that the user of a Habitatge d'Us Turístic violates the basic rules of coexistence, the rules set by the person in charge of the accommodation or fails to comply with municipal ordinances issued for this purpose, the person who owns the property, or the person who manages the house for tourist use, must require the assignee to leave the house immediately *

3. CANCELLATIONS (RIGHT OF WITHDRAWAL)

- By the CLIENT
See particular conditions of each accommodation
There will be no PAYMENTS if the client voluntarily withdraws from the services before the end of their stay.

- Modifications by the COMPANY
In the event that for unforeseen reasons and not attributable to the company, the accommodation could not be occupied, the company may make available to the client another accommodation of equal or superior characteristics without reimbursement by either party.

4. CLAIMS

Our goal is that our customers have a pleasant stay.
If during the rental period there is any breakdown in the electrical installations or devices, you must notify TORRENT API SAU immediately to resolve these incidents as soon as possible.
In the event of force majeure (damage caused by water, fire, etc.) TORRENT API SAU will replace the reserved accommodation with another with the same characteristics. In the event that accommodation is not available, TORRENT API SAU will refund the total amount paid.

TORRENT API SAU
Av. de Grècia, 20-26, 17258 L'Estartit Girona
Telephone: (34) 972 751 744
Mail: estartit@torrent.-api.com

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 conflicts between the USER and TORRENT API SAU, 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, being able to finally 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 will not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

6. COMPETITION

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

All sales and deliveries made by TORRENT API SAU will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of TORRENT API SAU or stipulated here will have effect, unless expressly agreed in writing signed by TORRENT API SAU, in this case, these particular agreements will prevail.

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

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The rental prices shown are exempt from VAT. The prices of complementary services include VAT. The exact amount is calculated and informed to the client at the time of making the reservation.

The prices applicable to each property are those published on the website. The USER assumes that the economic valuation of some of the services may vary in real time. Prices can change daily while the reservation is not made.

For any information about the reservation, the USER may contact through the TORRENT API SAU customer service telephone number 972 75 17 44 or via email to the address estartit@torrent-api.com.

9. PURCHASE PROCESS

Property search
Our website has a search system for different parameters to make it easier for you to choose your accommodation.

Types of reservations:
Reservation with immediate confirmation: Minimum price of the service stipulated on the web. You can make the reservation online and add the extra services that suit you.

Price not available: In the event that the price of the service is not available, the USER will be informed as soon as possible, by email or telephone.

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 property.

The final price will be calculated according to the selected arrival and departure dates, the people staying (adults and children) and the chosen extra services.

10. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, on Guarantees for the sale of consumer goods and services:

Conformity of the services with the contract

1. Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they meet all the requirements that are expressed below, except that due to the circumstances of the case, some of them are not applicable:

a) They conform to the description made by TORRENT API SAU.
b) They are suitable for the uses to which services of the same type are ordinarily destined.
c) They are suitable for any special use required by the client, when he has informed TORRENT API SAU at the time of signing the contract, provided that the latter has admitted that the service is suitable for this use.
d) Present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the services made by TORRENT API SAU.
e) TORRENT API SAU describes the details, technical characteristics and photographs of the properties provided by their owners, so that it is not bound by these public statements.

2. The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility of the same falls on TORRENT API SAU 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 TORRENT API SAU and will be considered in accordance with the terms of the contract.

3. The responsibility for lack of conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that have their origin in information provided by the USER will not proceed.

Responsibility of TORRENT API SAU

TORRENT API SAU will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. TORRENT API SAU recognizes the USER the right to repair the service, its replacement and the termination of the contract.

Repair and replacement of products

1. If the service is not in accordance with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs TORRENT API SAU of the chosen option, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions in the cases in which the repair or replacement fails to put the service in accordance with the contract.

2. Any form of reorganization that imposes on TORRENT API SAU costs that, in comparison with the other form of reorganization, 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 if the alternative form of sanitation could be carried out without major inconveniences for the USER.

Rules of the repair or replacement of the product
Repair and replacement will conform to the following rules:
The necessary expenses incurred to correct the lack of conformity of the contracted services will be free for the USER.
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 have for the USER.
If the repair is completed and the property is delivered, it is still not in accordance with the contract, the USER may demand its replacement, or the termination of the contract.
If the substitution fails to bring the property into compliance with the contract, the USER may demand its repair, or the termination of the contract.

Termination of the contract
The resolution of the contract will proceed, when it cannot demand the repair or replacement of the service and in cases in which these have not been carried out within a reasonable time or without major inconveniences for the USER.
The resolution will not proceed when the lack of conformity is of little importance.

Deadlines
Unless proven otherwise, the delivery is understood to be made on the day that appears in the reservation.
The USER must inform TORRENT API SAU of the lack of conformity at the time it is realized or, at the latest, at the end of the stay.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.

11. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. TORRENT API SAU and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals closest to Torroella de Montgrí.

In the event that the USER is domiciled outside of Spain, TORRENT API SAU and the USER expressly waive any other forum, submitting to the Spanish jurisdiction established in the previous paragraph.