TERMS AND CONDITIONS
This rental is considered to be a TOURIST LEASE and is a lease for use other than that of a residence, as its main purpose is not to meet the permanent housing need of the lessee, in this agreement the GUEST whose main residence is that given in the personal information on the booking.
The GUEST declares, under his own responsibility, that the personal information provided in the booking is true, and in particular the information relating to the residence of the GUEST which is also his main residence.
PURPOSE OF THE RENTAL.
LUGARIS APARTMENTS S.L. wishes to rent on a temporary basis, under the tourist lease system, the selected apartment with the furniture, household appliances and goods included by LUGARIS APARTMENTS S.L. in its offer publicised through different commercial channels, previously approved by LUGARIS APARTMENTS S.L. APARTMENT is therefore understood, for the purpose of the booking and these contractual conditions, as not only the property but also the associated furniture and goods as an integral part of the property.
When payment for either the first night of the stay or the whole stay has been made, depending on the type of rate, LUGARIS APARTMENTS S.L. will send a booking confirmation to the GUEST as soon as possible, in order for the agreement for the apartment to be considered formalized.
The aforementioned email will contain the following information:
a) Selected apartment.
b) Period of occupation.
c) No. of people authorized.
d) Total price, amount charged to the Credit Card or paid by Bank Transfer from a designated account number.
If there is a difference between the rental payment and the total cost of the tourist lease, this difference will be indicated in the aforementioned email, and must be paid when the GUEST enters the apartment, without prejudice to any other amounts which may arise during the agreed period of occupation which must be paid by the GUEST. LUGARIS APARTMENTS S.L. is authorized to charge this difference to the account number or credit card number used to pay for the original booking.
If for any reason the amount required for the booking is not received LUGARIS APARTMENTS S.L. will not send any email, and it will be understood that the tourist lease has NOT been contracted.
AMOUNTS NOT INCLUDED IN THE BOOKING PRICE.
The booking price does not include:
– Half board, full board, or breakfast.
– Additional charges, such as extra nights or an increase in the number of people staying.
– The cost for extra services offered by LUGARIS APARTMENTS S.L. which can be contracted when the GUEST arrives.
– The amount of the Deposit.
– Local Tourist Tax.
LENGTH OF OCCUPATION.
It is a principal condition of the agreement that the contracting party’s length of stay in the selected apartment corresponds exactly with the period indicated in the booking made by the contracting party.
If, at the end of the period, the GUEST does not leave the rented apartment and/or furniture free and available to LUGARIS APARTMENTS S.L., the GUEST shall be obliged, under the penalty clause freely agreed between the parties, to pay in triplicate, for the time that he remains in possession of the unreserved apartment, the rent which would have been agreed in the agreement plus compensation for any corresponding damages. The amount arising from application of this penalty clause will be charged at the time of vacation of the property to the account number or credit card number used to pay for the original booking, a charge which the GUEST expressly authorizes from this moment.
USE OF THE PROPERTY.
1. Work on the property. The GUEST is expressly forbidden from carrying out any work on the property.
2. Proper Use of the Apartment. The GUEST shall be responsible during his stay in the apartment for maintaining it in good order and for returning it in the same physical state. He shall be responsible for any breakages, damage or loss to the furniture, accessories, keys, etc. in the apartment.
At the end of the rental period, the GUEST shall pay for any broken or damaged items, which amount shall be deducted from the deposit paid, and if this does not cover the amount the GUEST hereby authorizes the difference to be charged to the account number or credit card number which was used to make the original booking. However, the GUEST also undertakes to notify as soon as possible of any breakages or damages arising to any items of furniture or goods in the apartment.
3. Prohibition on Lease Assignment/Subleasing. The total or partial assignment, or subleasing if applicable, of the apartment booked is expressly prohibited. The apartment may only be occupied by the number of people indicated in the booking. If the GUEST wishes to amend this number, this must be expressly authorized by LUGARIS APARTMENTS S.L. and will generate an extra cost which must be paid at the time of notification, with the GUEST authorizing, from this moment, this amount to be charged to the account number or credit card number used to make the original booking.
4. Prohibition on the Performance of financial/business activity in the Apartment. Although the use assigned to the apartment is NOT that of permanent residence, in any case it is expressly forbidden to carry out any type of business/financial activity in the leased apartment.
5. Prohibition on activity which disturbs third parties/neighbours of the property. Any activity which causes disturbance, harm or damage to third parties/neighbours of the property, such as parties, activities which are contrary to public order, smoking inside the apartment, etc. are expressly forbidden. The GUEST and the people accompanying him are expressly obliged to respect the rules of the Residents Association and not to carry out any activities which are disturbing, harmful or anti-social for the neighbourhood nor to accumulate dangerous materials. In the event of any incident, the GUEST shall forfeit the deposit. If, due to serious reasons or repeated incidents, the GUEST and those accompanying him are evicted from the apartment, the agreement shall be cancelled immediately, and the GUEST shall forfeit any amounts already paid for the lease which he has not used because of the eviction as well as the deposit, for damage.
6. Prohibition on carrying out any activities related to prostitution and drug trafficking in the property.
7. Prohibition on using the property as a main residence. The use for which the property is rented is that of “Tourist Apartment”, and it may in no case by used as the main and permanent residence of the GUEST, as this use is contrary to the business activity of LUGARIS APARTMENTS S.L. Registration of residency at the apartment is expressly forbidden. LUGARIS APARTMENTS S.L. reserves the right to cancel the booking and/or the agreement immediately if it discovers that the GUEST is carrying out any actions leading to the use of the property as a permanent residence, as well as to be able to claim for any damage caused by this activity.
8. Entrance of the Owner into the Property. The GUEST expressly undertakes to allow the Owner or any person authorized by him to enter the property in order to inspect the state of the property and the use and preservation of the same.
LUGARIS APARTMENTS S.L. reserves the right to classify any breaches to these regulations, based on the facts, and to apply the corresponding consequences of any breach, with the only grounds for resolution of the agreement being those that are considered serious or those which although not serious involve repeated breaches of the obligations under this agreement.
As a deposit for the proper use of the booked apartment, on arrival, €200 will be charged to/”frozen” for the GUEST as a DEPOSIT against any possible breaches, bad behaviour or damage produced in the apartment or to its furniture during the stay, as well as any charges not paid by the GUEST. If these damages or charges exceed the amount of the DEPOSIT, the GUEST expressly authorizes LUGARIS APARTMENTS S.L. to charge these to his current account or credit card.
Settlement of the balance of the deposit will be made on the day the agreement expires (exit/check out of the apartment), provided that the apartment has been returned in good conditions and clean as agreed.
if his credit card is cancelled or becomes invalid for any reason, the GUEST is obliged to notify LUGARIS APARTMENTS S.L. and to submit other methods of guarantee. Non-compliance with this clause will cause rescission of the agreement.
ARRIVIING AT AND LEAVING THE APARTMENT.
1. Arrivals. In order to receive optimal service, the GUEST must notify us in advance of the date and time of his arrival. Any delays will not change the amount of the booking fee for the stay, nor will any money be returned for these delays.
At the moment:
a) Guests may arrive at the apartment after 15:00 pm.
Arrivals after 00:00 will incur a fee of €50.
IMPORTANT: If the GUEST does not notify of his time of arrival or of any possible delay to the time previously confirmed, he needs to know that LUGARIS APARTMENTS S.L. will only answer the arrival telephone up to 1 in the morning.
b) The GUEST will be given a set of keys for the apartment, as well as information on the 24hr service, and other additional services offered by LUGARIS APARTMENTS S.L. which are not included in the booking fee.
c) The GUEST must accept the “freezing”/charge of the deposit amount.
d) He will provide his National Identity Document or Passport or official document which allows his identification, as well as those of the people accompanying him. This document will be photocopied in order to provide the necessary information for the Police List according to the Law.
2. Leaving. Leaving/check out from the apartment will be done on the day specified in the booking before 11:00 in the morning. At the moment:
a) The deadline for leaving the apartment is 11:00h in the morning.
b) When leaving the apartment the keys must be left at our reception.
c) If appropriate any amounts owing for extra services contracted and those arising from settlement for the stay shall be paid.
d) LUGARIS APARTMENT S.L. will “unfreeze” the deposit on the day of check out having confirmed that the flat is clean and in good repair, and that there no outstanding charges of any type to be settled.
LUGARIS APARTMENTS S.L. has a master key which opens the apartment which is the object of this lease and which may only be used in the following situations, with, from this moment, the GUEST’S express authorization. 1) loss of the two sets of keys; 2) a situation of danger or risk or serious disturbance to any of the occupants, the apartment or the adjoining properties/houses; 3) for serious or repeated breach of the Regulations of the apartment; 4) for actions leading to using the property as a main residence; and 5) if the parties fail to vacate the apartment on the date agreed, without prejudice to any payment that LUGARIS APARTMENTS S.L. may take through the deposit or through the charge authorized to the account number or credit card number used to make the original booking both for damages which the failure to vacate may cause as well the additional rent agreed as a penalty clause.
Entry into the apartment in these circumstances will lead to immediate termination of the tourist lease agreement, with LUGARIS APARTMENTS S.L. guaranteeing that the GUEST’S personal belongings will be duly placed in the custody of LUGARIS APARTMENTS S.L. for 24 hours, pending the GUEST collecting them.
Loss of a key for any reason will incur a fee of €30 (including VAT)
AMENDMENT TO THE BOOKING.
The GUEST may extend the agreed booking period, provided that the apartment is available on the additional dates, accepting the corresponding increase in the total of amount of the price agreed for the stay in the apartment.
LUGARIS APARTMENTS S.L. cannot guarantee that the apartment will be available for any additional nights that are not stipulated or specified in the confirmation of the original booking.
CANCELLATION OF THE BOOKING.
The GUEST may cancel the booking by notifying LUGARIS APARTMENTS S.L. in writing, via fax or e-mail at firstname.lastname@example.org. All cancellations will incur a penalty for the GUEST as described below:
-7 days prior to check-in date the booking can be cancelled and amended without any penalty. Within 6 days of the check-in date, the penalty will be the amount of the first night.
-This booking cannot be cancelled or amended.
GENERAL CHARGES AND SERVICE AND SUPPLY CHARGES.
The general charges and charges relating to services, the Residents’ Association and utilities for the apartment are included in the agreed rent.
The GUEST expressly commits to a steady and reasonable use of the utilities which the Apartment has, with LUGARIS APARTMENTS S.L. being entitled to take appropriate action in the event of use which is negligent and/or malicious and which may cause financial loss.
CLEANING OF APARTMENT AND WASHING OF HOUSEHOLD LINEN.
LUGARIS APARTMENTS S.L. offers as a service included in the booking fee cleaning of the apartment, as well as washing of the household linen (sheets and towels). Both the cleaning of the Apartment as well as changing the linen will be done when the GUEST leaves
(check out) or arrives (check in) as well as once for stays longer than 4 days, with the GUEST being able to pay extra to have these services provided more times during his stay. The GUEST expressly authorizes LUGARIS APARTMENTS S.L. to enter the apartment for this purpose.
LUGARIS APARTMENTS S.L. provides a SAFE for the GUEST. Each apartment has a safe, included in the booking fee, where the GUEST may keep any valuable items.
Accordingly, the GUEST expressly undertakes to notify LUGARIS APARTMENTS S.L. if he has valuable items or amounts of money worth €250 or more.
Because of the relationship established by the tourist lease, LUGARIS APARTMENTS S.L. Is not responsible for any theft/robbery of goods deposited inside the apartment.
For the purpose of the provisions of Spanish Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD) LUGARIS APARTMENTS S.L. (www.lugaris.com) hereby informs the User, that any personal information provided at any time and voluntarily to our company or our employees, through forms or other means, will be incorporated into a computerized file of personal data created and maintained under the responsibility of LUGARIS APARTMENTS S.L. (www.lugaris.com) which will be processed for the exclusive purpose of making their booking, managing user registers, providing any other service requested by the interested party and sending out information on promotions which may be of interest.
Also, and as stipulated in LOPD, the right to access, amend, cancel and object may be exercised at any moment by writing to our head office.
LUGARIS APARTMENTS S.L.
Carrer Vidal i Valenciano 14 Bjs 08005 de Barcelona
These rights may also be exercised by sending an email to email@example.com giving as a reference <>. In order for our files to always be up-to-date and error free, we ask the User to notify us, as soon as possible, of any amendments and corrections to the personal data.
We hereby inform you that all necessary technical and organizational security measures have been taken to ensure the protection of your personal data and avoid their unauthorized alteration, loss, processing and/or access, in view of the state of technology, the nature of the stored data and the risks to which they are exposed, all this, in accordance with the provisions of Article 9 of LOPD and in Chapter VIII of Spanish Royal Decree 1720/2007 of December 21 which approves the new Regulations implementing the Spanish Organic Law on the Protection of Personal Data.
How to contact us to make any comments and ask questions
LUGARIS APARTMENTS SL 2005, S.L.
Calle Vidal i Valenciano 14 08005 de Barcelona
Tel: 648 784 702
Any incidents or complaints that the GUEST may have during his stay in the leased Apartment may be notified to LUGARIS APARTMENTS S.L. in the office-management centre or by the 24h phone which will be provided so that we can resolve any situation. In any case, the LUGARIS APARTMENTS S.L. office will always have Claim Forms at the GUEST’S disposal.
JURISDICTION AND LEGISLATION.
The parties to this agreement submit to the jurisdiction and competence of the tribunals and courts of the place where the apartment which is the object of the booking is located, i.e. In the city of Barcelona, with express waiver of their own jurisdictions.
Likewise, the laws of Spain are applicable in the interpretation and application of this agreement, and in particular the Civil Code and the legislation applicable to Tourist Leases. This is an agreement for a Tourist Lease, therefore application of the Spanish Urban Tenancy Act is expressly excluded, with the tourist regulations which regulate
the sector being applicable.
It is important to abide by the following rules during your stay in the apartment:
It is very important not to make any noise (voices, music) after 21:00 Parties are not allowed.
It is important to check that the entrance door to the building is closed
When leaving the apartment all windows and doors onto the balcony/terrace must be closed. And the main door of the apartment must also be locked.
Do not leave rubbish bags on the landings or in the entrance hall of the building. Rubbish must be left in the containers in the street near the apartment.
Smoking in the apartment is not allowed.
The keeping of animals, except Guide Dogs, is not allowed in any LUGARIS apartment. In this case the GUEST must provide justifying documentation.
ELECTRICITY AND AIR CONDITIONING
When leaving the apartment all lights and Air Conditioning must be turned off. Our philosophy of environmental responsibility is very important to us. Irresponsible use may be penalized.
The use of the apartment for purposes other than housing is not permitted.
Any damage caused to the apartment or its contents must be notified immediately to LUGARIS APARTMENTS S.L. The lessee is responsible for this damage and the cost of it will be charged to the GUEST’S credit card.
The GUEST and any people accompanying him are obliged to civil behaviour and to respect these basic rules during their stay in the apartment.
In the event of any incident the GUEST shall lose his guarantee and if because of serious reasons or repeated incidents it is necessary to evict the GUEST from the apartment, the agreement will immediately be cancelled. In this case the GUEST shall forfeit all the money paid and the deposit, for damages.
The GUEST declares that he has read and understood this agreement and signs it on the first page as proof of his agreement.