General terms and conditions for vacation rental bookings (e-commerce)

This contractual document will govern the contracting of accommodation reservations through the website www.conchamoreno.com, owned by CONCHA MORENO S.L, under the trademark of CONCHA MORENO, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions shall 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.

The acceptance of this document implies that the USER:

  • You have read, understand and comprehend the above.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without 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 CONCHA MORENO S.L, with registered office at CALLE TERUEL N.º 4 LOCAL 1, NIF B12975470 and with telephone number for CUSTOMER/USER 964316119.

And on the other hand, the USER, registered on the website through a username and password, for which he/she has full responsibility of use and custody, and is responsible for the accuracy of the personal data provided to CONCHA MORENO.

Object of 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 contracting process, the rental of properties for tourist 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 determined price, which is publicly displayed on the website. Extra services must be contracted at the time of booking.

Contracting 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 treated 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 will select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform CONCHA MORENO of the loss or theft thereof or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Reservation activation.
  3. Right of withdrawal (cancellations).
  4. Online claims and dispute resolution.
  5. Force majeure.
  6. Competition.
  7. General information about the offer.
  8. Price and term of validity of the offer.
  9. Transportation costs.
  10. Method of payment, expenses and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1.- General contracting clauses

Unless otherwise stipulated in writing, the making of a reservation with the PROVIDER shall imply 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.

It shall be considered a breach of contract:

  • No more people (including children) than those specified in the apartment description will be allowed in the apartments.
  • Groups under 23 years of age (all of them) will not be admitted to the apartments.
  • Barbecues are not allowed in the apartments.
  • The use of inflatable mattresses is not allowed.
  • We are not responsible for the dimensions of the vehicles if they are not adapted to the dimensions of the garage.
  • Pets are not allowed under any circumstances.

2.-Reservation activation and payment

Agencia Concha Moreno will previously inform the USER about the procedure to follow to make the reservation. The automatic system of calculation of availability and prices allows the USER to choose the apartment or house that interests him and make the online payment of25% of the rental price by credit card or Bizum or, failing that, he can make a bank transfer, the deadline to confirm the transfer of the reservation is 4 days, after the deadline if the Agency Concha Moreno has no record of the advance payment, the reservation will be automatically canceled. The USER will make the payment of the remaining 75% of the accommodation at the moment of the key collection in the office of the Agency Concha Moreno, by credit card or in cash.

Bonds

Concha Moreno Agency requests a deposit of 200€. The payment of the deposit will be made by credit card and will be returned by the same means once the real estate agency verifies that the USER has left the apartment in optimal conditions of cleanliness and without damage to the property. The breach of contract for any reason set out in point 1, will also be grounds for non-refund of the deposit.

Failure to execute the contract remotely

In case of not being able to execute the contract 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 without any cost, and without any liability for damages attributable to the Agency Concha Moreno. The agency will not assume any responsibility when the activation of the service does not take place, because the information provided by the USER is false, inaccurate or incomplete.

3.-Cancellations (right of withdrawal)

The USER has the same rights and deadlines to proceed with the cancellation and/or claim the possible defects or flaws in the reservation, both online and offline.

Any cancellation must be communicated to the PROVIDER, requesting a refund number through the form provided for this purpose, or by e-mail to CONCHA@CONCHAMORENO.COM, indicating the corresponding invoice or reservation number. In case of refund, the USER could be penalized for the concepts indicated below:

  • Up to 7 DAYS before the day of the reservation and in accordance with current legislation, 25% of the deposit and 100 euros for management fees will be retained for each reservation.
  • If cancelled within the last week prior to the day of check-in, or in case of no-show, no refund will be granted.

If guests leave the accommodation for any reason before the end of their stay, they will not be entitled to any refund.

4.- Claims and dispute settlement

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

  • CONCHA MORENO S.L
  • TAX ID: B12975470
  • Phone: 964316119
  • E-mail: CONCHA@CONCHAMORENO.COM

If during the rental period there should be any breakdown in the installations or electrical appliances, the USER shall immediately notify the PROVIDER in order to solve these incidents as soon as possible.

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

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 CONCHA MORENO, without the need to resort to the courts of law, through the intervention of a third party, called 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, and may 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 shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

6.- Competence

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

If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

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

7.- General information about the offer

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

All sales and deliveries made by CONCHA MORENO are subject to these General Conditions.

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

Given the continuous technical advances and product improvements, CONCHA MORENO reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered.

These modifications shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.

Inputs and outputs

HIGH SEASON:

Check-in and check-out will always be from Saturday to Saturday, except in some apartments in the Les Amplaries area, which will also be from Monday to Monday (it is specified in each apartment).

Minimum stay 7 nights (except Easter, which is a minimum of 3 nights in high season).
high season).

Reservations of 14 days or more include a 13% discount on the price.

LOW SEASON:

Monday to Friday (any day).

Minimum stay 7 days

TICKETS:

The key collection timetable is in our offices from 17:00 to 20:00.

  • Accommodation will not be available before 17:00.
  • If you arrive later than 8:00 p.m. or on Sundays, we have code mailboxes where we can deposit the keys. Please contact us to let us know how to proceed.

Deposit for pool identification:

    • 10 euros per card or bracelet (only in the communities that request it).
    • This deposit will be paid in cash/card and will be returned by the same means upon departure.
    • The loss of these identifications entails the loss of the deposit.

Upon arrival at the agency and in accordance with current legislation, the USER must submit the reservation form and all occupants of the accommodation will be identified by means of a valid accreditation document.

The USER will then sign a rental contract and pay the remaining 75% of the rent. You can pay by credit card or cash.

The accommodation is delivered clean and with all kitchen utensils and kitchenware.

OUTPUTS:

Key return and vacating hours: before 10:00 a.m.
If you leave before 10:00 a.m. and the office is closed, we have a mailbox where you can deposit your keys.

Extra Services

If the USER is interested in hiring an extra service, he/she should do so at the time of booking or later at the office:
  • Travel crib: The crib rental is 40,00 € per stay and on request. It includes the mattress, in any case we do not include crib linen or pillow.
  • Towels: Towel rental is 10,00 €/stay per pack (2 shower towels, 2 washbasin towels and 1 bathmat).
  • Extra parking: The extra parking is 10,00 € minimum 7 nights. Upon request and availability.

Customer Responsibilities

The USER agrees 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, nor to make noise. In no case it is allowed to occupy the accommodation for more people than those established in its maximum capacity.

  • Electricity and water use must be rational.
  • It is forbidden to hang towels and clothes on the balcony railings.
  • Pool 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. on the lawn, 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 behavior of all his/her fellow guests, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.
  • Neither CONCHA MORENO, nor the owner shall be liable for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including without limitation: damage, loss after fire, theft, crime, accidents or other types of damage.

8.- Price and term of validity

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services and annexes 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.

Any payment made to CONCHA MORENO involves the issuance 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 at the end of the rental and the payment of the contracted services. 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 reservation, the USER may contact CONCHA MORENO’s customer service telephone number 964316119 or via e-mail at CONCHA@CONCHAMORENO.COM.

9.- Transportation costs

No transportation costs

10.- Payment methods, charges and discounts

The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:

  • Bank transfer
  • Credit card.
  • Cash.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized 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 brand programs: 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.- Purchase process

The website has a search system by different parameters to facilitate the choice of accommodation. Types of reservations:

  • Reservation with immediate confirmation: Minimum price of the service stipulated on the web. You will be able to 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 e-mail or telephone.

Select the check-in and check-out dates, the persons accommodated (adults and children) and the extra services chosen and add them to the shopping cart. In the basket, only the selected services, quantity, price and total amount will be shown. Once the basket is 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 cart you can place an order by following the steps below for its correct formalization:

  1. Verification of invoicing data.
  2. Verification of the reservation (dates, services…).
  3. Selection of the payment method.
  4. Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.

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.

12.- Dissociation 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, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.

When 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 November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Conformity of the services with the contract:

  1. In the absence of proof to the contrary, the services shall be deemed to be in accordance with the contract provided that they meet all of the requirements set forth below, unless, due to the circumstances of the case, any one of them is not applicable:
    1. They fit the description made by CONCHA MORENO.
    2. Are suitable for the uses to which services of the same type are ordinarily destined.
    3. Are suitable for any special use required by the USER, when the USER has informed CONCHA MORENO at the time of the conclusion of the contract, provided that the USER has admitted that the service is suitable for this use.
    4. Present the usual quality and performance of a service of the same type that the customer can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by CONCHA MORENO.
    5. CONCHA MORENO describes the details, technical characteristics and photographs of the properties provided by the property owners, so it is not bound by these public statements.
  2. The lack of conformity resulting from a service not performed or rendered shall be equated to the lack of conformity of the contract, provided that the responsibility for it lies with CONCHA MORENO or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or malpractice of the USER, it shall not be considered any fault of CONCHA MORENO and shall be deemed in accordance with the terms of the contract.
  3. The USER shall not be held liable for non-conformities that the USER knows or could not have been unaware of at the time of the conclusion of the contract or that have their origin in information provided by the USER.

Responsibility of Concha Moreno

The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. CONCHA MORENO recognizes the USER the right to repair the service, to its replacement, to the price reduction and to the termination of the contract.

Repair and replacement of the housing service

  1. If the hosting service is not in accordance with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER informs CONCHA MORENO of the option chosen, both parties must abide by it. This decision of the USER is without prejudice to the provisions in cases where the repair or replacement fails to bring the service in accordance with the contract.
  2. Any form of remedy that imposes costs on CONCHA MORENO that, in comparison with the alternative 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 to the USER, shall be considered disproportionate.

Repair and replacement shall conform to the following rules:

  • The necessary expenses incurred to remedy the lack of conformity of the contracted services shall be free of charge 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 had for the USER.
  • If, once the repair is completed and the property is delivered, it is still not in conformity with the contract, the USER may demand its replacement, a price reduction or the termination of the contract.
  • If the replacement fails to bring the property into conformity with the contract, the USER may demand the repair of the property, a price reduction or termination of the contract.

Price reduction and termination of the contract

The price reduction and the termination of the contract will proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER.

The resolution shall not proceed 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 had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless proven otherwise, delivery shall be deemed to have been made on the day shown on the reservation.

The USER must inform CONCHA MORENO of the lack of conformity at the moment he/she becomes aware of it or, at the latest, at the end of the stay.

In the absence of proof to the contrary, it shall be understood that the USER’s communication has taken place within the established term.

14.- Applicable law and jurisdiction

These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. CONCHA MORENO and the USER agree to submit to the courts and tribunals of Castellón, any dispute that may arise from the provision of products or services covered by these Conditions.

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 Conditions.

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Arrivals / Departures from Saturday to Saturday in high season*
High season from the last Saturday in May to the last Saturday
in September. *Some flats can be from Monday to Monday.
Minimum stay 7 nights, except for Easter, which will be a minimum of 3 nights.
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