terms and conditions
of the San Andres Apartment (Jeremy Watson - Persona Fisica) with domain name www.sanandresapartment.com and address at Calle Castilla 4, Bajo D, 41010, Spain.
Article 1 DEFINITIONS
In these general terms and conditions shall be understood by: Occupant: natural person or legal entity that occupies accommodation provided by San Andres Apartment for a period from 3 to a maximum of 60 nights. Supplier: San Andres Apartment, who supplies an occupant with accommodation for temporary use.
Article 2 APPLICABILITY
2.1. These general terms and conditions shall constitute part of all contracts concluded by San Andres Apartment and shall also govern the establishment of these contracts, and also quotations and tenders made by San Andres Apartment.
2.2 Should any provision prove void, the contract of which these general terms and conditions form part shall remain for the rest as far as possible in force and the provision in question shall be replaced in mutual consultation by a provision that approximates the original provision as closely as possible.
Article 3 ESTABLISHMENT AND IMPLEMENTATION OF THE CONTRACT
3.1 Verbal engagements shall be binding upon San Andres Apartment only after it has confirmed them explicitly in writing.
3.2 A contract shall be established by written confirmation of the reservation by San Andres Apartment. This confirmation, which will also serve as invoice, shall be deemed to be a true record of the contract, unless within four days of its dispatch objection is registered against (any part of) the confirmation.
Article 4 PRICES
4.1 All prices published by San Andres Apartment are including V.A.T. unless stipulated otherwise.
Article 5 PAYMENT AND DEFAULT
5.1 The down payment (booking deposit) as agreed upon in respect of the rental price must be paid to San Andres Apartment within 3 days of the agreement in Euros. The booking deposit is non refundable. The reservation is guaranteed solely from the moment the down payment has been received. Upon receipt of the down payment, San Andres Apartment will send the occupant a Reservation Confirmation and other relevant information.
5.2 The occupant must pay San Andres Apartment in Euros (cash only) the balance of the invoice within 24 hours of arrival at the accommodation.
5.3 Occupant shall be legally in default without necessity of any notice thereof when it fails to meet (on time) its obligations to San Andres Apartment pursuant to this contract, and equally when San Andres Apartment has sufficient grounds for believing that client is unable to meet its obligations or unable to meet them on time or completely. The contract shall be deemed to be terminated on the date of default. In such case the termination provision of article 6 of these general terms and conditions shall take effect.
5.4 Should occupant be in default as stipulated in the previous paragraph of this article, then occupant shall be due from the date that the amount payable is due on demand to the date of actual payment interest on the balance unpaid at the rate of 1% per month, whereby part of a month shall be treated as a whole month. Occupant shall also be obligated to meet commercial (non-court) collection expenses. These are 15% of the amount recovered, with a minimum of €140.00 excluding VAT.
Article 6 CANCELLATION
6.1 In the event of (partial) cancellation (whether on the part of supplier or occupant) for the period of accommodation contracted, notice must be given with the least possible delay after the reasons of the cancellation occurred and not later than before the day of arrival at the reserved accommodation with the reasons for cancellation in writing, email or fax at the address of San Andres Apartment. In the absence of such (partial) cancellation, occupant shall be obligated to pay the entire accommodation expenses contracted together with the reservation costs.
6.2 The date of receipt of written cancellation shall be deemed to be the date of cancellation.
Cancellation by Supplier:
6.3 In the case of cancellation by supplier San Andres Apartment shall endeavour to provide for occupant equivalent replacement accommodation. When this is not possible, San Andres Apartment will refund the reservation costs and the down payment in respect of the accommodation expenses paid by occupant.
Cancellation by Occupant:
6.4 In the case of cancellation by occupant, occupant shall be due to pay San Andres Apartment the down payment (booking deposit) in respect of the rental fee. Insofar as these amounts have already been paid by occupant San Andres Apartment retains the right to rely on set-off.
6.5 In the case of partial cancellation by occupant, occupant shall be due in addition to the reservation costs and the rental fee for that period not cancelled, the sum of 25% of the rental fee for the period cancelled.
Article 7 TREATMENT OF ACCOMMODATION
7.1 Occupant undertakes to conduct himself as a good occupant and to employ the accommodation only for the purpose for which it is intended.
7.2 The occupant must notify San Andres Apartment immediately of any damage the occupant has caused to the accommodation or its contents. Occupant shall be liable to San Andres Apartment for such damage.
7.3 The occupant is prohibited from letting the accommodation or alienating it for occupation by third parties.
7.4 The property is solely for the use of the number of occupants booked for in the rental period.
7.5 Occupants agree to keep noise to a reasonable level and to respect other people living in the building.
Article 8 COMPLAINTS
8.1 Complaints on services provided must be reported by client to San Andres Apartment within 48 hours of their being detected, in order that the latter may adopt an appropriate solution.
8.2 Complaints that cannot be resolved on location to the satisfaction of client must be referred in writing to San Andres Apartment within one month of completion of the period of accommodation. This written notification must stipulate the date of accommodation and the reservation number.
Article 9 LIABILITY
9.1 In cases of damage sustained by San Andres Apartment consisting of damage or loss by theft of San Andres Apartment's property, occupant shall, in the event that it is held liable, be liable for all replacement costs.
9.2 In other cases of damage sustained by occupant, San Andres Apartment´s liability shall be limited to that part of it that might reasonably have been insured.
Article 10 FORCE MAJEURE
10.1 During periods of force majeure the obligations of San Andres Apartment shall be suspended. When the period during which force majeure renders it impossible for San Andres Apartment to discharge its obligations lasts longer than 3 days either party is entitled to dissolve the contract without being held to any obligation to pay compensation for damages.
10.2 By force majeure shall be understood: every unforeseeable circumstance beyond the influence of San Andres Apartment or circumstance that might reasonably considered to be beyond its influence, which prevents San Andres Apartment meeting its obligations pursuant to the contract temporarily or permanently. Such circumstances include: war, war hazard, rioting or other acts of public disorder, fire, natural disasters, strikes, restrictive government measures, a general lack of the goods and services required to establish the service contracted, unforeseeable delays on the part of suppliers or other third parties on which San Andres Apartment depends and general transport problems.
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Article 11 DISPUTES, APPLICABLE LAW AND PERIOD OF LIMITATION
11.1 Spanish law shall govern the contract between San Andres Apartment and occupant.
11.2 The Spanish judge will be the only competent authority to resolve any conflict, even when occupant is established abroad and a treaty arrangement would recognize a foreign court as qualified, unless parties agree otherwise. The Vienna Sales Convention shall not apply for any disputes.
11.3 When a dispute is governed by the sole authority of the court, the court of the judicial district of Seville shall be solely qualified. The occupant, shall be entitled during a period of one month from San Andres Apartment appealing in writing to this provision, to opt for settlement of the dispute by civil magistrate qualified by law.
11.4 Insofar as not agreed otherwise in writing all client's rights to claim shall expire one year from the date of the incident on which such claim is based.
(c) Copyright 2005 - San Andres Apartment Seville. All rights reserved.
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