The following General Conditions are intended to regulate in a transparent, clear, concrete, and simple manner all those aspects that govern the relationship between Catalunya Casas Spain S.L. and its Clients/Owners, which are also included in the Particular Conditions of the Contract.
In case of contradiction between the general conditions and the conditions specifically provided for in the brokerage contract, the Particular Conditions shall prevail over the former, unless the general conditions are more beneficial to the Client/Owner.
FIRST. - Applicable Legal Regulations
These General Terms and Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the Revised Text of the General Law for the defense of consumers and users and other complementary laws, Law 44/2006, of December 29, 2006, to improve the protection of consumers and users, as well as any other regulation that replaces, complements or modifies the above, insofar as it may be applicable.
SECOND - Purpose of the Contract (According to the SECOND PARTICULAR CONDITION OF THE INTERMEDIATION AGREEMENT: SECOND - Object of the Contract).
The PROPERTY AGENT will promote the dwelling described in the Special Conditions for the purpose of its use under the terms agreed herein. To this end, the OWNER authorizes the PROPERTY AGENT, on behalf of the OWNER, to enter into lease agreements with the Tenants who are interested in using the dwelling during the period specified in the Special Conditions as the period of availability.
THIRD - Obligations of the PROPERTY AGENT (According to the SECOND CONDITION OF THE INTERMEDIARY AGREEMENT: SECOND - Object of the Contract).
1. The PROPERTY AGENT undertakes to manage and promote the intermediation activity to offer the PROPERTY to tenants who wish to occupy the property for holiday use.
2. Transfer to the OWNER, as soon as possible, the information related to the reservations.
3. Inspect the dwelling and its furnishings prior to the period of availability, and prior to the arrival and departure of Tenants.
4. To take custody of the keys of the dwelling delivered by the OWNER at the signing of the contract, which will allow the Tenants access to all the rooms authorized by the OWNER.
5. Check-in may be carried out by the Property Agent, in which case Catalunya Casas undertakes to personally receive and deliver the keys to the property, or by means of a safety deposit box installed in the exact location that will be communicated to the Tenants. Whatever is specifically agreed, according to the particularities of the PROPERTY, will be applicable.
6. To receive the complaints of the Tenants and to communicate them to the OWNER as soon as possible in an effort for immediate resolution. (According to CONDITION EIGHT OF THE INTERMEDIARY AGREEMENT: EIGHTH. - Complaints, claims and damages.)
7. To inform the OWNER of any problems that arise in the dwelling so that the OWNER may take the appropriate measures to solve them. However, if the property is occupied at that time and only if the OWNER cannot be located or refuses to act responsibly, the PROPERTY AGENT will be obliged to act, giving absolute preference to the solution of the problem, and thus avoiding negative repercussions in the lease.
8. To manage the collection of rent from the Tenants obtained from the lease of the dwelling. (According to the FIFTH CONDITION OF THE INTERMEDIATION AGREEMENT: FIFTH. - Payment, commission, and accrual.)
9. To manage the collection from the Tenants of the amount corresponding to the tourism taxes derived from the lease contract. Said amount will be reimbursed to the PROPERTY once the latter has advanced its payment to the PROPERTY AGENT, or it will be processed and paid in due time and form to the Competent Body. If the OWNER requests this service (free of charge) to be carried out by the PROPERTY AGENT, the PROPERTY AGENT will provide the PROPERTY with the proof of the processing and payment of the taxes.
FOURTH - OWNER'S OBLIGATIONS.
1. The owner is obliged to ensure that the vacation PROPERTY always complies with the safety, health and hygiene standards and minimum services for its proper operation, in accordance with current legislation, exempting Catalunya Casas from all liability.
2. The OWNER will provide the PROPERTY with the appropriate elements to guarantee the comfort, safety, and enjoyment of the tenants: "Please note that the following is in the interest of the welfare of the guest and, therefore, the proper and satisfactory conduct of the lease."
A) Sufficient kitchenware for the maximum number of Tenants. It shall include kitchen utensils such as: salad bowl, pots, pans, potholder, kettle, glass baking tray, cutting board, coffee machine, toaster, microwave, dishware (large and small plates, glasses, bowls, and cutlery) for twice the number of persons of maximum occupancy, glasses, corkscrew, can opener, coffee mugs.
B) Cleaning products for guests, such as: detergents for cleaning and for washing dishes, dishwasher tablets, toilet paper, garbage bags, plastic tablecloths, filter plugs for the kitchen sink and oven gloves. Broom, dustpan, mop.
C) Tablecloths, kitchen towels, blankets, mattress protectors and bedspreads for each bed.
D) Iron and ironing board.
E) Travel crib.
F) Hair dryer.
G) Maintain fire prevention systems and carbon monoxide detectors in compliance with governmental safety regulations applied in your area, as well as fire extinguishers that must meet all technical conditions to ensure maximum effectiveness and must also be approved.
H) Unlimited internet connection service.
I) To maintain in good condition and correct operation the electrical and/or motorized mechanisms that, if any, are found in the dwelling, both indoors and outdoors.
J) TV, bluetooth speaker.
K) Batteries and spare parts for the controls.
L) Air conditioning or, failing that, fans in all bedrooms of the house.
M) Heating systems if the dwelling is managed as a vacation rental during the non-summer season.
N) Pool maintenance products (if any), which shall remain out of the reach of guests and shall only be used by qualified maintenance personnel, either hired directly by the Owner or indirectly through the PROPERTY AGENT.
O) Pool chairs. The dwelling must have as many as at least 75% of the maximum occupancy of the dwelling.
P) Tables and chairs for outdoor living areas for all Tenants.
Q) Mosquito repellents and their refills, as well as a first aid kit. It will include, at least: alcohol, hydrogen peroxide, adhesive dressings, aseptic gauze, a thermometer, adhesive tape, absorbent cotton, and scissors.
R) Washing machine.
S) The OWNER undertakes to respect the Tenants' right to privacy and intimacy, refraining from accessing the interior of the premises of the dwelling during the rental periods, except for reasons of force majeure or to comply with the obligation set forth in the following paragraph of this Condition.
T) To attend as promptly as possible to any claim or complaint from the Tenants, offering the necessary solutions that allow the fulfillment of the services offered. (According to the EIGHTH CONDITION OF THE INTERMEDIATION AGREEMENT: EIGHTH: Complaints, claims and damages).
U) To pay the expenses derived from the consumption of the dwelling, including rental periods.
V) To pay the expenses derived from the repairs and complaints that may arise in the dwelling during the period of validity of the present contract in accordance with the provisions of GENERAL CONDITION THREE, PARAGRAPH 7.
W) Remove from the dwelling all goods and/or belongings that the PROPERTY does not want the Tenants to use.
X) To inform the PROPERTY AGENT, to the extent possible, of circumstances in the dwelling that may be significant to the possible leasing of the dwelling to Tenants.
Y) To inform and accredit to the PROPERTY AGENT, about any damage in the property or in its goods or the disappearance of any good, in the period of 48 hours after departure of the guests if the property is a shared calendar contract, or in the maximum period of 7 days after departure of the guests if the property is an exclusive contract. (According to the EIGHTH CONDITION OF THE AGREEMENT OF INTERMEDIATION: EIGHTH. - Complaints, claims and damages).
Z) Reservations must be confirmed in real time, so it is of utmost importance that their availability is always updated in our system. If the calendar is not correctly updated and we receive a reservation, through any of the multiple collaborators, the reservation will be automatically confirmed or rejected, according to what is shown in the calendar, since we work in real time. The reservation cannot be modified (according to the NINTH CONDITION OF THE INTERMEDIATION AGREEMENT: NINTH - Calendar Update).
FIFTH. - Responsibility.
1. The PROPERTY AGENT assumes no responsibility for any act or negligence on the part of the OWNER, nor for any accident, damage, loss and/or expense that may be suffered by any person in the dwelling.
2- Cancellations by Clients (guests): (According to the TENTH CONDITION OF THE INTERMEDIATION AGREEMENT: TENTH - Termination and Indemnification.)
3. Damages caused by the ordinary use of the property, or the goods are the responsibility of the OWNER, who has to take the necessary steps to maintain the property in the conditions in which he informed the PROPERTY AGENT, such as breakdowns of household appliances due to their useful life, breakdowns of the cistern systems due to lime deposits caused by the quality of the water in the area…
SIXTH. - Insurance.
The PROPERTY AGENT discourages the deposit of valuables in any area of the PROPERTY, and especially in those areas where access is restricted to the Tenants, since the OWNER is exclusively responsible for them.
The OWNER must contract an insurance policy that contemplates the particularities of the vacation rental and that covers, at least, damages due to fire, theft, and robbery, as well as civil liability derived from acts or omissions of the Tenants of the dwelling.
SEVENTH - Duration of the Contract: Pursuant to the FOURTH CONDITION OF THE INTERMEDIATION AGREEMENT: FOURTH - Duration of the Contract.
EIGHTH. - Resolution and Indemnities.
This Agreement may be terminated by (i) breach of any of its covenants, except for acts of God and/or force majeure, without prejudice to the indemnities that may correspond, or the option provided in Article 1.124 of the Civil Code in relation to demand performance, (ii) by mutual agreement and (iii) for all other causes provided by law. (According to the TENTH CONDITION OF THE INTERMEDIATION AGREEMENT: TENTH. - Termination and Indemnification.)
NINTH. - Withdrawal.
The OWNER may withdraw from the contract with justification and must notify the PROPERTY AGENT of this intention in a reliable manner, at the addresses agreed upon for this purpose, with the date, personal data, and signature, which must coincide with that of the Particular Conditions, within two days following the signing of the Property Agent Brokerage Contract.
Once this term has expired, the OWNER shall pay the management and cancellation expenses arising from the withdrawal in accordance with the TENTH CONDITION OF THE INTERMEDIATION AGREEMENT: TENTH. - Termination and Indemnity.
TENTH. - Data Protection.
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data as well as the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, we inform you that the personal data collected in this document will be included in a file under the responsibility of Catalunya Casas Spain, S.L, for the purpose of fulfilling the commitments between the parties. The data provided will be kept if you do not request the cessation of commercial activity or for the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation as to whether Catalunya Casas Spain S.L. is processing your personal data, therefore you have the right to access your personal data, rectify inaccurate data, and exercise your rights of access, rectification, cancellation, deletion, portability, and opposition, you can contact firstname.lastname@example.org
Eleventh - Intellectual Property
Pursuant to Article 128 of Royal Legislative Decree 1/1996, of April 12, 1996, approving the revised text of the Intellectual Property Law, "whoever makes a photograph or other reproduction obtained by a process analogous to the former, when neither one nor the other has the character of protected works in Book I, has the exclusive right to authorize its reproduction, distribution and public communication, under the same terms recognized in this Law to the authors of photographic works". By virtue of the aforementioned, THE PROPERTY is expressly prohibited from reproducing, copying, selling, distributing, disseminating, publishing, exhibiting, publicly communicating, transforming, or modifying the photographs that are advertised on THE PROPERTY AGENTS website and that are taken for the promotion of the property.
TWELFTH. - Notifications
Any particularly relevant notice that may or must be given by any of the parties and between them in relation to the Contract must be sent by burofax, with a certified copy of its content and acknowledgement of receipt. Particularly relevant notifications shall be understood to be those related to the modification, termination or monetary claims arising from this contract. These notifications shall be made to the addresses agreed in the Special Conditions. As for ordinary notifications, i.e., any other than those mentioned as relevant, these shall be made in writing to the e-mail addresses established for such purpose herein.
All notifications shall be considered validly made a) on the date on which the electronic delivery notice of the e-mail sent to the address indicated above is received; b) on the date on which a legible copy is received by the addressee.
THIRTEENTH - Competent Court and Applicable Law.
For any questions or differences that may arise in relation to this contract, both parties agree to submit to the Courts and Tribunals determined in the Particular Conditions, expressly waiving their own jurisdiction if they have one.