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Cond. General / Cancellation Policy

GENERAL TERMS AND CONDITIONS

This contractual document shall govern the contracting of accommodation bookings through the website www.canlluc.com, owned by CAN GASPARO SL, under the commercial brand CAN LLUC, hereinafter the 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 with the exception of 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:

  • You have read, understand and comprehend the above.
  • You are a person with sufficient capacity to contract.
  • You assume all the obligations set forth 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 for and is aware of 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 contracted prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation booking service contracted by the USER is CAN GASPARO SL, con domicilio social en Carretera SAN Rafael a Santa Ines KM 2- Cami des Tercet, Pol. 17 Parcela 50 , 07816 San Rafael (ILLES BALEARS), NIF B07661929 and with customer/USER service telephone number 971198673.

On the other hand, the USER, registered on the website by means of a username and password, for which he/she is fully responsible for the use and custody, and is responsible for the veracity of the personal data provided to CAN LLUC.

Object 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 booking process, the rental of properties for temporary accommodation.

The contractual relationship for the reservation of accommodation entails the rental of the chosen property 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.

Recruitment procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and Organic Law 3/2018, of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform CAN LLUC 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 user account has been created, 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 contracting procedure will follow the following steps:

1. General terms and conditions.

2. Activation of reservations.

3. Right of withdrawal (cancellations).

4. Complaints and online dispute resolution.

5. Force majeure.

6. Jurisdiction.

7. Generalities of the offer.

8. Price and period of validity of the tender.

9. Transport costs.

10. Method of payment, costs and discounts.

11. Purchasing process.

12. Dissociation and suspension or termination of the contract.

13. Warranties and returns.

14. Applicable law and jurisdiction.

1. GENERAL TERMS AND CONDITIONS

Unless otherwise stipulated in writing, making a reservation with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER will previously inform the USER about the procedure to follow in order to book the trip.

The automatic system for calculating availability and prices allows the USER to choose the flat or house they are interested in and immediately make the online payment of 40% of the rental price or, failing that, they can make a bank transfer within a maximum period of 48 hours.

The PROVIDER will not reserve the accommodation until it has verified that the payment has been made. Once payment has been verified, the PROVIDER will contact you by email to confirm the booking. This term is understood as long as availability has been confirmed.

Bonds

CAN LLUC has three types of deposit ranging from 200 € to 500 €. If the tenants are a group of young people, they must pay 50 € per person with a minimum of 250 €.

The deposit must be paid in cash at the time of check-in. On leaving the accommodation, after inspection, it will also be returned in cash.

In the event of any damage to the accommodation, the following will be deducted from this deposit.

Failure to perform the contract remotely

In the event that the contract cannot be executed because the accommodation is not available within 30 days, 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 reimbursement of the total amount, the USER may claim payment of 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.

3. CANCELLATIONS (right of withdrawal)

Cancellation form: https://www.canlluc.com/formulario-solicitud-desistimiento.pdf

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, requesting a refund number using the form provided for this purpose, or by e-mail to info@canlluc.com, indicating the corresponding invoice or reservation number. In the event of a refund, the USER may be penalised for the concepts indicated below:

- If the reservation is cancelled before 30 days prior to the date of arrival, the PROVIDER will refund the client 50% of his reservation.

- If the booking is cancelled after 30 days prior to the arrival date, the total amount of the booking (100%) will not be refunded.

4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION

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

CAN LLUC Carretera SAN Rafael a Santa Ines KM 2- Cami des Tercet, Pol. 17 Parcela 50 , 07816 San Rafael (ILLES BALEARS) Teléfono: 971198673 E-mail: info@canlluc.com

If during the rental period there is any breakdown in the installations or electrical appliances, the USER must immediately notify the PROVIDER in order to resolve these incidents as soon as possible.

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of the same characteristics. In the event of unavailability of accommodation, the PROVIDER will reimburse the total amount paid.

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the USER and CAN LLUC, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the platform

 ODR: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

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

6. COMPETENCE

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

Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.

7. GENERALITIES OF THE OFFER

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

All sales and deliveries made by CAN LLUC shall be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to CAN LLUC's Commercial Proposal or stipulated herein shall have any effect, unless expressly agreed in writing signed by CAN LLUC, in which case these particular agreements shall prevail.

Given the continuous technical advances and product improvements, CAN LLUC reserves the right to modify its specifications with respect to the information provided in its advertising, as long as this does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

Inputs and outputs

Check-in and check-out are on Saturdays.

Check-in: The key collection timetable is from 17:00 to 20:00 in our offices at Carretera SAN Rafael a Santa Ines KM 2- Cami des Tercet, Pol. 17 Parcela 50 , 07816 San Rafael (ILLES BALEARS).

- Accommodation will not be available before 17:00.

- If you arrive earlier, you can phone and leave your luggage at the agency.

- For arrivals after 20:30 and up to 24:00, there will be an additional charge of 70,00 €.

- Arrivals later than 24:00 are not accepted and will be left until 8:00 am the following day.

On arrival at the agency and in accordance with current legislation, the USER must hand over the booking form and all occupants of the accommodation will be identified.

The USER will then sign a rental contract and pay the remaining 60% of the rent plus 20,00 € management fees and the Tourist tax of 0,50 € per day of stay and person over 16 years old, with a maximum of 7 days (Law 5/2012 of 20/3/12. D.O.G.C. núm. 6094 of 23/03/12) and the deposit. You can pay by credit card or cash. The deposit will always be in cash.

The accommodation is delivered clean and with all kitchen utensils and kitchenware. Bath towels and sheets per person are included in the rental price.

Departures: Departure time from the accommodation is from 8:00 to 10:00. A person from the agency will be at the accommodation at the agreed time to check the state of the flat, collect the keys and return your deposit.

At the agreed check-out time, the tenants must be ready and have their bags packed and the flat clean and tidy.

Extra services

If the USER is interested in hiring an extra service, he/she must do so at the time of booking:

Cleaning

  • 1 bedroom accommodation: € 50,00
  • 2-bedroom accommodation: € 60,00
  • 3 bedroom accommodation: € 70,00
  • 4-bedroom accommodation: 80,00 € 80,00 €
  • Private house (semi-detached) 110,00 € 110,00 €
  • Individual chalet 160,00 € 160,00 €

Cradle

  • The rent of the cot is 60,00 €.

Baby chair

  • The baby seat rental is 45,00 €.

Folding bed

  • The extra bed rental is 70,00 €.

There are accommodations where pets are allowed, for their authorisation CAN LLUC must be informed at the time of booking.

Responsibilities of the client

- The USER undertakes to respect the rules of the Community. During the hours of rest from 22:00 to 9:00, it is not allowed to use the accommodation for party celebrations or to make noise. Under no circumstances is it permitted to occupy the accommodation for more people than those established in its maximum capacity.

- The use of electricity and water must be rational.

- It is forbidden to hang towels and clothes on the balcony railings.

- Swimming pool opening hours are set by each Community and are generally from 10:00 to 21:00. It is forbidden to stick objects such as parasols, awnings, etc. in the grass, as well as to use inflatable mattresses inside the pool.

- Children must always be accompanied by their parents and under their responsibility.

- The USER is responsible for the correct behaviour of all his/her fellow guests, otherwise, the PROVIDER reserves the right to expel the occupants from the accommodation, without the right to future claims or any type of compensation.

- Neither CAN LLUC nor the owner shall 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.

8. PRICE AND PERIOD OF VALIDITY OF THE TENDER

The prices indicated for each booking include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance, shipping costs, handling, packaging, or any other additional and ancillary services to the service purchased.

The prices applicable to each property are those published on the website and are 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 to CAN LLUC entail the issue of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be delivered to the USER when the rental is completed and the payment for the contracted services is made. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the booking, the USER may contact the CAN LLUC customer service telephone number 971198673 or by e-mail at info@canlluc.com.

9. TRANSPORT COSTS

There are no transport costs.

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:

  • Bank transfer
  • Pay Pal
  • Credit card: payment by credit card will not be accepted if it exceeds .... €

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 unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of 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' programmes: 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).

11. PURCHASING PROCESS

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

  • Booking with immediate confirmation: Minimum price of the service stipulated on the website. The booking can be made online and extra services can be added as required.
  • Price not available: If the price of the service is not available, the USER will be informed as soon as possible by email or telephone.

Select the dates of arrival and departure, the number of people staying (adults and children) and the extra services chosen and add them to the basket. In the basket, you will only see the selected services, the quantity, the price and the total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping basket you can place an order by following the steps below for its correct formalisation::

1. - Verification of invoicing data.

2. - Verification of the reservation (dates, services...).

3. - Selection of the payment method.

4. - Placing the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming that the order has been placed.

Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the booking, as well as all the relevant information.

From the Online Booking section, the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property can be consulted.

12. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall 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 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 out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

Where 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.

13. WARRANTIES AND RETURNS

The guarantee of the services offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Conformity of services with the contract

In the absence of proof to the contrary, services shall be deemed to be in accordance with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:

a) They comply with the description provided by CAN LLUC.

b) Are suitable for the uses to which services of the same type are normally put.

c) Are suitable for any special use required by the USER, when this has been made known to CAN LLUC at the time of entering into the contract, provided that the latter has accepted that the service is suitable for this 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 applicable, the descriptions of the specific characteristics of the services made by CAN LLUC.

e) CAN LLUC describes the details, technical characteristics and photographs of the properties provided by the owners of the properties, so that it is not bound by these public statements.

2. The lack of conformity resulting from a service not performed or provided shall be considered as a lack of conformity with the contract, provided that CAN LLUC is responsible for it or under its responsibility; on the other hand, when the service not performed or provided is due to negligence or malpractice on the part of the USER, it shall not be considered a fault of CAN LLUC and shall be considered to be in accordance with the terms of the contract.

3. No liability shall be accepted for any lack of conformity which the USER knows or could not have been unaware of at the time of concluding the contract or which originates from information supplied by the USER.

Responsibility of CAN LLUC

The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation. CAN LLUC recognises the USER'S right to have the service repaired, replaced, the price reduced or the contract terminated.

Repair and replacement of accommodation service

1. If the hosting service does not comply with the contract, the USER may choose between demanding that it be repaired or replaced, unless one of these options proves impossible or disproportionate. From the moment the USER informs CAN LLUC of the option chosen, both parties shall abide by it. This decision by the USER is understood to be without prejudice to the provisions in cases in which the repair or replacement fails to bring the service into conformity with the contract.

2. Any form of remedy that imposes costs on CAN LLUC that, in comparison with the other 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 for the USER, shall be considered disproportionate.

Repair and replacement shall comply with the following rules:

- The necessary expenses incurred to remedy the lack of conformity of the contracted services will be free of charge for the USER.

- 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 their purpose for the USER.

- If, once the repairs have been completed and the property has been delivered, it still does not comply with the contract, the USER may demand its replacement, a price reduction or termination of the contract.

- If the replacement fails to bring the property into conformity with the contract, the USER may demand that the property be repaired, the price be reduced or the contract be terminated.

Price reduction and termination of the contract

The price reduction and termination of the contract shall be applicable, at the USER's choice, when the USER cannot demand the repair or replacement of the service and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER.

Termination shall not be applicable when the lack of conformity is of minor importance.

Criteria for price reduction

The price reduction shall be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless there is proof to the contrary, delivery is understood to have taken place on the day stated on the reservation.

The USER must inform CAN LLUC of the lack of conformity at the time when he/she becomes aware of it or, at the latest, at the end of the stay.

Unless there is proof to the contrary, it shall be understood that the USER's communication has taken place within the established deadline.

14. GOVERNING LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. CAN LLUC and the USER agree to submit any dispute that may arise from the provision of the products or services that are the object of these conditions to the courts and tribunals of the USER's domicile.

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 Terms.

 

COMPLAINT FORMS

Information on Complaints Forms in the general contracting conditions

Distance selling professionals or companies, such as e-commerce, which do not have establishments or premises open to the public, but which operate within certain Autonomous Communities, must have complaint forms and are obliged to inform consumers of their existence and how to access them.

Although we recommend consulting the provisions of each Autonomous Community in this regard, the following link on the Ministry of Consumer Affairs website provides information on the legislation on complaint forms by Autonomous Community: www.consumo.gob.es/es/consumo/hojas-de-reclamaciones.

We therefore recommend that E-COMERCEs whose owners carry out their activity in any of these Autonomous Communities that require information on the existence of Complaints Forms available to users or consumers include this information in section 4 on complaints in the general terms and conditions of contract:

4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION

CAN GASPARO SL informs that it has Complaints Sheets available to users or consumers who request them, they can access them by requesting them to any of the contact details indicated below; although it is not through a Complaints Sheet, any claim that the user or consumer considers appropriate to make will be dealt with as soon as possible, in any of the following contact details of CAN GASPARO SL: Postal: CAN GASPARO SLCarretera SAN Rafael a Santa Ines KM 2- Cami des Tercet, Pol. 17 Parcela 50, - 07816 San Rafael (Illes Balears) Telephone: 971198673 E-mail: info@canlluc.com

Online Dispute Resolution (Online Dispute Resolution)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the platform ODR: https://ec.europa.eu/consumers/odr/

 

RIGHT OF WITHDRAWAL

The WAIVER Request Form (consumer/user) document is provided:

 WITHDRAWAL request form (consumer/user).

Find out everything you need to know

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