General terms and conditions
1. Introduction and procurement rules
The present contract is constituted as General Contracting Conditions of the online sales services provided on this website by Daprifer S.L.U. hereinafter “Apartamentos Ciutadella”, for the purchaser of the service, “THE USER”.
The USER declares that each and every one of the data and information provided are correct, and that he / she knows and accepts in full the present TERMS AND CONDITIONS.
2. User’s personal data
The personal data provided by the USER are confidential and are protected according to the Personal Data Protection Act, the security measures relating to automated files containing personal data, and any other provisions in force.
However, the USER must be aware that security measures on the Internet are not entirely secure.
Under no circumstances will USERS’ personal data be used for purposes other than those described in these TERMS AND CONDITIONS.
The USERS have the right to access, cancel, rectify and oppose the processing, use and transfer of their data by sending an email to Apartamentos Ciutadella to the address indicated in the contact section of our website, stating their name and surname, the specific request and an e-mail address.
The USER authorises the transfer of his/her personal data to third parties involved in the provision of the service(s).
3. Intellectual property
The texts and graphic elements published on this website, as well as their presentation and assembly, are the exclusive property of Apartamentos Ciutadella. They therefore constitute work protected as such by all the European Union’s regulations in the field of intellectual property. The international treaties signed in this field are also applicable.
Apartamentos Ciutadella does not grant any licence or authorisation for any use whatsoever of its industrial and intellectual property rights or of any other property or right related to this website, unless expressly agreed with third parties.
USERS may reproduce the contents of the web page for the sole purpose of storing it, making backup copies or printing it on paper.
Independent of that, any reproduction or presentation of the content of this website or one of its elements, for commercial purposes or for use beyond those mentioned, will be prohibited without the express written authorisation of Apartamentos Ciutadella. Failure to comply with the foregoing shall entitle Apartamentos Ciutadella to take appropriate legal action in defence of its interests.
The USER grants Apartamentos Ciutadella the right to use advertising material designed to promote the website apartamentosciutadella.com, both online (blogs, social networks, banners…) and offline (catalogues, posters, brochures, advertisements…). The previous lists are for illustrative purposes only.
The USER cedes the right to share in the different social networks, assuming the impossibility of Apartamentos Ciutadella, to control the scope of the diffusion. The USER may not require Apartamentos Ciutadella to remove publications from social networks, nor may he or she demand any responsibility for those that are shared and disseminated by third parties.
The purpose of these GENERAL TERMS AND CONDITIONS is to define the conditions under which Apartamentos Ciutadella provides the Service or Services that the USER accepts without reservations or restrictions.
The present GENERAL TERMS AND CONDITIONS may, if necessary, be completed by particular conditions or sales modifications in which case, the applicable conditions will be those that are received together with the confirmation.
The acceptance and/or validation by the USER of an application form issued by Apartamentos Ciutadella imply the unreserved acceptance of these GENERAL TERMS AND CONDITIONS.
5. Service delivery and way of provision
The use of the website by the USERS is free of charge, without the USER having to pay any compensation for such use.
The USER may subscribe to one or more of the services specified on the website. Such agreement may be made at any time during the term of this contract after acceptance by the USER of the conditions set forth herein.
The provision of these services will be governed by the TERMS AND CONDITIONS established in this contract and, where applicable, in the corresponding Particular Conditions foreseen for the services that specify it. This service is based on the hiring, by the USER of any of the services offered by Ciutadella Apartments on its website.
6. Modification of terms and conditions
The TERMS AND CONDITIONS may be subject to changes that will be communicated to the USERS through their announcement or publication on the website.
The modification or cancellation of one or more agreements contained in the contract does not imply the cancellation or nullity of the other agreements or the cancellation of the contractual relationship with the USERS.
FROM THE SERVICE PROVIDER
Apartamentos Ciutadella is not liable for damages arising from any of the following cases:
- 7.1. The alteration of privacy and security in the use and contents of the website and the services provided by third parties not linked to this one, in accordance with current law.
- 7.2. The presence of false elements in the services offered by third parties through the website that may cause alterations in the USER’s computer system, electronic documents or files.
- 7.3. The lack of veracity, accuracy, completeness and up-to-date nature of the contents offered by third parties.
- 7.4. The lack of legality, reliability and usefulness of the contents of the services offered by third parties through it.
FROM THE USER
The USER is solely and exclusively responsible for his or her identification of access to the service and for his or her use of the website and the services. Aware of this, the USER voluntarily accepts such responsibility.
8. Advance resolution
Apartamentos Ciutadella may terminate the contract in advance, and without prior notice, denying or withdrawing access to the website, services or content to those USERS who fail to comply with these TERMS AND CONDITIONS.
9. Duration and termination
The service provision of the website has an indeterminate duration. However, Apartamentos Ciutadella has the right to terminate or suspend the provision of the service of the website and/or any of the services at any time, without affecting what has been stated in the corresponding TERMS AND CONDITIONS. Whenever reasonably possible, Apartamentos Ciutadella will give prior notice of the termination or suspension of the website service provision.
Particular Conditions of the Service
1. Description of the service.
Apartments Ciutadella publishes proposals for accommodation and experiences providing an information service for USERS.
According to the USER’S search criteria (destination, arrival date, number of nights, services, neighbourhood,…), the Apartments Ciutadella website publishes and generates the accommodation proposal automatically.. If THE USER is interested in an accommodation proposal, he/she must send a reservation request to Apartments Ciutadella, which offers the service of confirming the reservation of the accommodation proposal. The contact details and the address of the accommodation will be indicated in the final confirmation.
2. Acceptance of the booking request and confirmation.
Apartments Ciutadella uses all its resources to offer the exact availability of online accommodation calendars. However, cannot guarantee that at the time of processing the booking request, the accommodation proposal will still be available.
Apartamentos Ciutadella, reserves the right to reject the user’s reservation request and make new proposals, without being responsible for the consequences that this may cause the USER.
Once the booking request has been received from the USER, Apartamentos Ciutadella will charge the services to the USER by credit card or any other payment method offered on the website. The USER will receive by e-mail the final confirmation, which is the acceptance of the reservation request and the last step of the booking service of Apartamentos Ciutadella.
The total price includes the costs of gas, electricity and water consumption for rental contracts less than or equal to 30 nights.
In the case of rental contracts of more than 30 nights, the costs of gas, electricity and water consumption will be invoiced as detailed in point 4 of these conditions. The price of all accommodation published on the web apartamentosciutadella.com are final prices including VAT.
In no case does the total price include telephone expenses derived from the use of telecommunication services such as telephone or mobile wifi. These expenses will be invoiced separately and the USER will pay these expenses directly to Apartamentos Ciutadella.
The USER must pay 50% of the total amount of the reservation (100%) at the time of booking confirmation.
Payment will be made by one of the following means:
- Credit card.
- Bank transfer in the Apartamentos Ciutadella bank account number.
Please note that the booking will not be confirmed until Apartamentos Ciutadella has received full payment of the reservation (50%), checked the availability of accommodation and, in turn, the USER receives confirmation of the reservation by e-mail.
Apartments Ciutadella will ask for a deposit on the arrival day to the USER, which can range from 100€ to 200€, depending on the apartment, and whether it is high or low season.
Consumption is included in the price, except for stays longer than 30 days, in which case the costs of water, electricity and gas consumption are included in the reservation price up to a maximum of:
- 100€/month for 1 bedroom apartments.
- 150€/month for 2 bedroom apartments.
These amounts are calculated on the basis of responsible consumption. The surplus will be charged to the USER on presentation of the invoices.
The minimum stay will be specified in each of the apartments according to the season.
5. Cancellation by the user
In the event that the USER cancels the reservation due to unexpected circumstances or force majeure – either part or the entire stay – the deposit paid for the formalization of the reservation is not refundable.
Apartamentos Ciutadella reserves the right to claim as a deposit the total amount on special dates (High Season from 01-05 to 30-09, Easter, long weekends and Bank Holidays).
LOW SEASON (01-10 to 30-04):
For this situation the following cancellation policy will apply:
- Up to 30 days before arrival: the establishment will charge 0% of the total reservation.
- Between 29-15 days before arrival: the establishment will charge 0% of the total reservation.
- Between 15-7 days before arrival: the establishment will charge 100% of the total reservation.
- Less than 7 days before arrival or for not showing up at the apartment: the establishment will charge 100% of the entire reservation.
HIGH SEASON (01-05 to 30-09):
For this situation the following cancellation policy will apply:
- Up to 15 days before arrival: the establishment will charge 0% of the total reservation.
- Less than 15 days before arrival or for not showing up at the apartment: the establishment will charge 100% of the entire reservation.
All amounts to be returned will be made by the same payment method used by the USER. To avoid all these cases, Apartamentos Ciutadella recommends you take out travel insurance.
6. Cancellation by our company
- 6.1. Apartamentos Ciutadella reserves the right to cancel – totally or partially – the aforementioned reservation due to force majeure, or for any other reason, with prior written notice to the USER.
- 6.2. In the event of cancellation of the reservation by Apartamentos Ciutadella, in accordance with the provisions of the previous paragraph, Apartamentos Ciutadella must reimburse the USER 100% of the amount of the accommodation booking. Apartamentos Ciutadella will not be responsible for any damages, losses, direct or indirect costs, resulting from this cancellation.
Apartamentos Ciutadella reserves the right to change the apartment booked by the USER for another one of similar characteristics or higher category.
7. Change of apartment requested by the user
If after the confirmation of the reservation, THE USER wants to change apartments, he/she must send an e-mail to firstname.lastname@example.org explaining that he/she wants to cancel his/her first reservation and book a new apartment. The USER must then book the new apartment. After confirmation of the new booking, the first booking will be cancelled.
In this case, Apartamentos Ciutadella reserves the right to charge cancellation fees for the first reservation, which may be up to 100% of the amount of the cancelled reservation.
Apartamentos Ciutadella requests a deposit on the day of the USER’S arrival to guarantee the proper use of the accommodation, which can range from 100€ to 200€, depending on the apartment and the dates of the booking (high or low season). This amount will be refunded up to 48 hours after the departure of the USER, if the apartment is in perfect condition.
The deposit will not be returned in full or in part if any damage caused by the USER to the apartment or its equipment is found. Similarly, Apartamentos Ciutadella will charge the USER 200€ in the event of finding the apartment in unreasonable conditions on the day of departure (dirt on all kitchen utensils, garbage, furniture changed from site, etc….).
Apartamentos Ciutadella has the right to refuse entry to USERS who have not paid the required deposit.
In no case the USER will be able to use the deposit as part of the payment that he is obliged to make.
9. Equipment / Cleaning
All our USERS will have a complete set of sheets and towels suitable for the number of guests staying in the apartment. In addition, a cleaning of the apartment before the arrival of the guests is included in the price.
Ciutadella Apartments describes on the web those elements, accessories and features that each apartment has, but not those that it does not have, that means that if a client needs to know some special or specific data, as for example if there are steps in the entrance or in any part of the apartment, if the apartment is interior or exterior, or if it is noisy or not, as well as any characteristic or element that is fundamental for the client’s stay in the apartment, he or she should expressly ask for it by email to Apartamentos Ciutadella before booking the property, so that he or she can be sure that the property meets all his or her expectations.
If the client arrives at the apartment and it does not satisfy him/her because it lacks some fundamental requirement for the client, and nevertheless this one had not previously asked it via email, the amount will not be refunded under any circumstance, neither will it be possible to change him/her to another apartment (since each property has its own owner and it is not possible to cause a damage to an owner due to an unknown need of a client).
The final cleaning of the apartment is mandatory for the USER, if this rule is not met, Apartamentos Ciutadella may claim payment from the USER for the cleaning, the total amount being between 50€ and 100€ depending on the state of the apartment. If you wish to hire other cleaning services, you can do so directly when booking on the website as an additional service, or by contacting us at email@example.com.
10. Check In
All our clients will be received by a member of our staff in the booked apartment, or if this is not possible, Apartamentos Ciutadella has the right to do so by telephone.
It is important that when you arrive in the city/population you contact Apartamentos Ciutadella, using the reservation locator number provided in the booking confirmation so that the contact person is waiting for you in the apartment.
Check in will take place from 12:00h onwards. In the event of a late arrival, please contact us as soon as possible and we will coordinate your check-in in the best way possible. If you are arriving before the scheduled time we will try to accommodate your early check-in subject to availability and upon request.
Any delays beyond the control of the person responsible for check-in must be accepted by the guests as inherent to this type of accommodation and do not entitle them to any compensation for delay in favour of the guest or a reduction in the amount of the rent.
Apartamentos Ciutadella can claim the payment of 50 euros for checking in after 21:00h or before 9:00h.
11. Check Out
Departure time is between 7:00 am to 10:00 am. From that moment on, the cleaning staff will go to clean the apartment. Apartamentos Ciutadella will be entitled to charge triple the amount per night of the apartment in case it is not abandoned on the scheduled day. If you need to leave earlier or later, please contact Apartamentos Ciutadella as soon as possible and we will try to satisfy you, there may be an additional cost.
12. Use of the accommodation
Accommodation must be used by holiday or business travellers. Under no circumstances should the accommodation be used for commercial purposes without prior acceptance. Therefore, THE USER declares that he/she is contracting the accommodation for the purpose of spending his/her holidays or business trip. In no case shall the accommodation rented under the terms of this contract be used as a habitual residence.
13. Accommodation condition and maintenance
The USER must keep and maintain the accommodation in good condition until the end of the contract, freely agreed between the parties mentioned here, and in the event of damage or loss of property by the USER or any of the people staying on the property, agrees to pay Apartamentos Ciutadella the amount corresponding to the damages caused.
14. Rules of behaviour
The USER will be responsible for the correct and decent behaviour of all persons accompanying him/her, in accordance with the accommodation rules mentioned below. If the USER, or any person accompanying him/her, does not respect the rules of behaviour and accommodation required, Apartamentos Ciutadella has the right to ask the USER and his/her companions to leave the property, losing the right to further claims and any type of compensation.
15. Accommodation rules
- 15.1. The person for whom the reservation has been made must be at least 18 years old and must be the same person using the apartment. At the time of booking you must specify the number of people who will be using the accommodation, which must be the same as the number of people who will use it. The capacity of the accommodation can never be exceeded, except with children under 4 years old.
- 15.2. The USER must respect the neighbours of the property: peace and quiet must be maintained and respected at all times. Therefore, the USER must not make noise on the stairs or in the apartment.
- 15.3. In the event of a complaint from the neighbours due to excessive noise or annoying behaviour on the part of the USER, Apartamentos Ciutadella has the right to oblige the USER to leave the property immediately, without any type of refund of the amount paid to make the reservation, the cost of the complete rental or the deposit.
- 15.4. The operating rules of the Community of Neighbours of the property where the accommodation is located will be respected, as well as the correct use of the common elements and facilities of the same.
- 15.5. The waste will be deposited in special containers for that purpose according to the schedules established on site.
- 15.6. THE USER must respect the smoking ban.
- 15.7. Pets are not allowed and if you consider it necessary you should consult Apartamentos Ciutadella beforehand.
- 15.8. If the USER leaves the apartment, make sure that all the lights are off, as well as the gas is closed, the TV is off, the taps are turned off, the doors and windows are closed and the heating is at minimum or off.
- 15.9. Loud music and parties are prohibited in all apartments of Ciutadella Apartments. If parties are held or loud music is heard, or neighbours complain and/or call the police, this can result in an immediate eviction regardless of the time of day or night.
- 15.10. You must comply with the building’s internal regulations, in particular for noise, laundry, cleaning, household waste collection, etc.
- 15.11. The nightly rest schedule is from 22.00 PM to 10.00 AM.
We greatly appreciate your cooperation on this issue and hope you understand that these rules are necessary, as these apartments are located in residential buildings and developments, and the night rest of the residents must be respected.
16. Term of the contract
These General and Specific Conditions must be effective and accepted online from the date of the first booking request.
17. Booking allocation
The present booking is made on behalf of the USER and may not be transferred, totally or partially, to another person.
Apartamentos Ciutadella is exempt from liability for any damage or injury that may occur to the USER or companions, as well as to their collective property, caused by appliances or accommodation structures, or by the services provided to the accommodation, losses due to theft, fire, criminal activity, among others.
In the event of a breakdown unrelated to the misuse that the USER may give to an apartment and make it impossible to stay in it, Apartamentos Ciutadella is responsible for fixing it as soon as possible, subject to prior notification by the USER. If it is not possible for some reason to fix the problem, Apartamentos Ciutadella will look for an apartment of similar or superior characteristics, and if this is not possible as a last option will pay the proportional part of the cost of the rent corresponding to the end of the rental.
Apartamentos Ciutadella is exempt from liability and is not responsible for and will not accept formal complaints about circumstances outside the apartment: noise produced by neighbours, works, etc.
Apartamentos Ciutadella reserves the right to update without any compensation to the USER any type of information on the website, including without limitation: fees, descriptions and photographs, etc.
All the USERS staying at the apartment explicitly declare that they will use it at their own risk and exonerate Apartamentos Ciutadella from any type of compensation.
It is the USER’S responsibility to pay for the loss of the keys and to cover the additional cost of changing the lock.
In the event of the early termination of this contract by the USER, without there having been any breach by Apartamentos Ciutadella, THE USER will not be entitled to any refund of the price or any of the expenses paid.
20. Submission to Jurisdiction
These terms and conditions have been drafted in accordance with Spanish law and any interpretation thereof shall be governed by Spanish law. In the event of any dispute regarding the reservation of accommodation, made by Apartamentos Ciutadella, only the Spanish Courts will have jurisdiction. The parties submit to the jurisdiction of the Courts and Tribunals of Menorca, renouncing the parties to any other jurisdiction that may correspond to them.