Booking Conditions

This contractual document shall govern the booking of accommodation through the website elriademporda.com, owned by SOLPRAC NH SERVEIS, S.L., under the trade name of SOLPRAC NH SERVEIS, S.L., hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website at the USER's disposal to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders shall be applicable.

Contracts shall not be subject to any formality except in 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:

• Has read, understands and comprehends what is set forth herein.
• Is a person with sufficient capacity to contract.
• Assumes all obligations set forth herein.

These conditions shall have an indefinite period of validity and shall be applicable to all bookings made through the PROVIDER's website.

The PROVIDER informs that the business is responsible 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 being able to affect goods or promotions that were contracted prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the accommodation booking service contracted by the USER is SOLPRAC NH SERVEIS, S.L., with registered office at C/ MENDEZ NUÑEZ, 21 17600 Figueres (Girona), NIF B17959610 and with customer/USER service telephone 972504271. Address CANIGÓ, 5 17750 CAPMANY PHONE: 638-119-702

And on the other, the USER, identified on the website at the time of booking by name, surname and ID document, for which they are responsible for the truthfulness of the personal data provided to SOLPRAC NH SERVEIS, S.L.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the latter accepts, during the online contracting process, the tourist-use rental for temporary accommodation.

The contractual relationship of accommodation booking entails the rental of the entire house, for a limited time, in exchange for a determined price publicly displayed through the website.

Contracting procedure

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

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, making a booking 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 unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. BOOKING ACTIVATION AND PAYMENT

The PROVIDER will previously inform the USER about the procedure to follow to make the travel booking.

The automatic availability and price calculation system allows the USER to choose the house and immediately make the online payment of 50% of the rental price or, alternatively, make a bank transfer within a maximum period of 72 hours.

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

Security deposits

SOLPRAC NH SERVEIS, S.L. will collect a security deposit of €2,000 at the time of entry to the house. Payment of the deposit will be made by card at the time of access to the accommodation. Upon departure, and after an inspection of the state of the accommodation, the deposit will be refunded to the same card used for the initial payment. The property reserves the right to make this refund within a period of 48 to 72 hours. In the event of damage to the accommodation, it will be deducted from said deposit.

Failure to execute the distance contract

In the event of being unable to execute the contract because the accommodation is not available within the planned period of 30 days, the USER will be informed of the lack of availability and will be entitled to cancel the booking and receive a full refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER. Likewise, the USER may choose to modify the booking and select a new date when the accommodation is available.

In the event of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The PROVIDER will not assume any responsibility when the activation of the service is not carried out, due to the data provided by the USER being false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal)

Withdrawal form: https://elriademporda.com/formulario-solicitud-desistimiento.pdf

The USER has the same rights and deadlines to proceed with cancellation and/or claim any possible defects of the booking, both online and offline.

All cancellations must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to info@elriademporda.com, indicating the corresponding invoice or booking number. In the event of a refund, the USER may be penalised for the following reasons:

• If the booking is cancelled more than 60 days before the arrival date, the PROVIDER will refund the client 100% of their booking.
• If the booking is cancelled more than 30 days before the arrival date, the PROVIDER will refund the client 50% of their booking.
• If the booking is cancelled less than 30 days before the arrival date, the total booking amount (100%) will not be refunded.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

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

SOLPRAC NH SERVEIS, S.L. C/ MENDEZ NUÑEZ, 21 17600 Figueres (Girona). Phone: 638-119-702. Email: info@elriademporda.com

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

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of the same characteristics. If no accommodation is available, the PROVIDER will refund the total amount paid.

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and SOLPRAC NH SERVEIS, S.L., without the need to resort to courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both parties. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

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

6. JURISDICTION

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

If any provision of these conditions is considered null or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way.

The USER declares to have read, understood and accepted these General Conditions in their entirety.

7. GENERAL OFFER CONDITIONS

The details of each booking, such as accommodation and meal plan, are provided to the USER in the respective description on the website.

Check-in and check-out

legal.checkin: Key collection hours are from 12:00 to 14:00 at the house address. Before 12:00 the accommodation will not be available. If you arrive earlier, you can call by phone to arrange check-in time. For arrivals from 14:00 to 20:30, you must notify the property. Arrivals after 20:30 are not accepted; these will be left for 8:00 the following morning.

Upon arrival at the house and in accordance with current legislation, if the USER has not completed the online registration of all users, they must hand over the booking sheet and all occupants of the accommodation will be identified. Next, the USER will pay the Tourist Tax of €1 per day of stay and per person over 16 years of age, with a maximum of 7 days. (Law 5/2012 of 20/3/12. D.O.G.C. no. 6094 of 23/03/12) and the deposit. You can pay by credit card or cash. The deposit must always be by card or bank transfer.

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

legal.checkout: Check-out from the apartment must be completed before 19:00 on the departure day. The USER may use all facilities on the premises, except the bedrooms, which must be vacated by 15:00 at the latest. Keys must be handed to the cleaning staff. If departure takes place before 15:00, prior notification to the property is required to coordinate key handover.

Animals

Dogs are accepted at our facilities, provided prior notice is given. A maximum of two dogs per booking is established.

Dogs are not allowed on beds or sofas, nor to use blankets. Likewise, they are not allowed to bathe in water areas, such as ponds, swimming pools, showers or bathtubs.

Client responsibilities

• The USER agrees to respect the Community regulations. It is not permitted to use the accommodation for parties or to make noise. Under no circumstances is it permitted to occupy the accommodation with more people than established in its maximum capacity.
• The use of air conditioning and heating is included in the rate, but guests are asked to use them responsibly and consciously, avoiding unnecessary or excessive consumption. The property reserves the right to deduct from the deposit any disproportionate expense resulting from inappropriate or negligent use of these services.
• The USER is responsible for the correct behaviour of all their booking companions; otherwise, the PROVIDER reserves the right to expel the occupants from the accommodation, without the right to future claims or any type of compensation.
• Parties are prohibited to ensure peace and respect for the community of neighbours. However, you may receive visitors or enjoy a dinner with friends, provided the community's rest hours are respected (usually after 22:00).
• legal.maxCapacity: The house is rented in its entirety with a maximum capacity of 15 people. If the number of occupants does not match what was indicated in the booking, you must inform the property. No discounts will be given if the number of people is less than indicated in the booking. Children under 2 years old can stay free of charge in cots.
• Smoking is prohibited in all rooms.
• Neither SOLPRAC NH SERVEIS, S.L., nor the owner shall be liable for any direct or indirect damage that may be caused as a consequence of misuse of the accommodation.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each booking include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance or any other additional services attached to the service acquired.

The prices applicable to each property are those published on the website and will be expressed in EUROS. The USER accepts that the economic valuation of some services may vary in real time. Prices may change daily while the booking is not made.

Any payment made to SOLPRAC NH SERVEIS, S.L. entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name they have provided at the time of placing the order.

For any information about the booking, the USER may contact through the customer service telephone of SOLPRAC NH SERVEIS, S.L. 972504271 or via email at info@elriademporda.com.

9. TRANSPORT COSTS

There are no transport costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following methods for making payment:

• Bank transfer
• Credit or debit card

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data.

11. PURCHASE PROCESS

The website has a search system with different parameters to facilitate the choice of accommodation.

Types of bookings:

• Booking with immediate confirmation: Minimum service price as stipulated on the website. You can make the booking online and add the extra services that suit you.
• Price not available: If the service price is not available, the USER will be informed as soon as possible, by email or telephone.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, null or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and applicability of any of the remaining conditions.

13. WARRANTIES AND RETURNS

The warranty of the services offered shall respond to the articles based on Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish legislation in matters not expressly established. SOLPRAC NH SERVEIS, S.L. and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER has their domicile outside Spain, the USER expressly waives any other jurisdiction, submitting to the Dispute Resolution Body that will act as intermediary between both parties in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to courts of justice. For more information, please consult clause «4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION» of these Conditions.