General conditions of the online booking of accommodation
BEROOMERS SL residing at Av. Aragón 12 - Entresuelo A, 46021, Valencia (Spain) and with CIF B-98556186 informs they are the provider of the Services of the Society of Information in accordance with the provisions of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000.
BEROOMERS provides an Internet platform through our website http://www.beroomers.com connecting “owners” who have properties to rent with “Users” looking to rent these accommodations.
UNIVERSIA is not involved in any way in the activities of BEROOMERS, limited to make available the domain, its look and feel, being exempted from any commercial relationship that may arise on the mentioned website.
For the purposes of the general conditions “Landlords” and “Users” are understood as follows:“Landlord”
Any natural or legal person that lists any accommodation.“User, Roomer or Client”
Any natural person that, looks for, registers or books any type of accommodation through the website.
We inform you that these general conditions are the terms and conditions applicable to the booking of accommodation and are available on our website permanently.
These general conditions regulate the terms and conditions of the contract applicable to the booking of accommodation through this platform.
The user must be of legal age (18 years old) and competently capable of contracting. By accepting these conditions, you declare that you are of legal age.
We recommend that you read everything beforehand, download and print them for conservation. We inform you that proof of usage and purchase will be kept and that the website does not have technical means of correcting errors.
The conditions of booking will be found in Spanish and are governed basically by Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce and by 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, among other applicable standards.
The purpose of this “online booking contract” is to enable, through our platform, the selection and booking of accommodation among other additional services. BEROOMERS and the landlords of the accommodations are independent parties. There is no relationship of any joint venture, employment relationship or franchise.
CANCELLATION POLICY AND BOOKINGS
The booking of accommodation is made exclusively on the website and the language selected by the user through this website. Once a booking is made, we proceed to confirm it to the user by email within 24 hours. In the event that the booking is not confirmed by the landlord within this period, it will be understood as “cancelled” by releasing BEROOMERS any pre-authorization of the credit card of said client, if applicable.
Subsequent to this booking, you must know that BEROOMERS is not part of the accommodation and lodging tenancy agreement that you have to sign with the landlord of the home, not forming part of it or assuming any responsibility regarding its execution and development. Without affecting that above, BEROOMERS is authorized by the landlord to receive charges from you in order to accept and process the booking.
If the User or Roomer requests the cancellation of the booking, before confirmation by the landlord, it will be understood as “cancelled” by releasing BEROOMERS any pre-authorization of the credit card of said client, if applicable.
If the User or Roomer requests the cancellation when the booking has already been accepted by the Landlord, and before the check-in date, the following policy will apply:
If more than 60 days are left for check-in, BEROOMERS will apply a penalty of 100% of the service fee paid by the roomer and will refund 100% of the booking amount.
If there are less than 60 days left for the check-in BEROOMERS will apply a penalty of 100% of the service fee paid by the roomer as well as 100% of the booking amount.
If the User or Roomer requests the cancellation when the booking has been accepted by the landlord, and after the date of the check-in (within the 48 hours after the check-in) the following procedure will be followed:
If the cause is not justified, a penalty of 100% of the service fee and 100% of the booking amount will be applied.
If the cause is justified, all amounts are returned (Service fee and booking amount).
For these purposes, the following reasons shall be considered as justified cause:
“The accommodation is not the one I've booked”.
“The accommodation is the one I’ve booked but is not habitable”.
The User or Roomer must send an email to email@example.com requesting cancellation and arguing the reasons for it and attached evidence of the reason given.
In the event that BEROOMERS assesses that one of the justified causes is applicable, the Landlord will not receive any amount for the booking, and BEROOMERS reserves the right to remove the landlord from the platform if the reason is attributable exclusively to the Landlord.
If the cancellation occurs for reasons attributable to the “Landlord” (for example the apartment is in poor condition or does not meet the habitability standards), the “User” may choose to be relocated in a similar accommodation or the refund of the amount of the booking.
In no case will the cancellation proceed if the user and landlord have already formalised the tenancy agreement for the accommodation.
PRICES AND PAYMENT METHODS
The price of the booking service includes a commission for the service (“service fee”) that will be informed prior to the contracting, as well as the payment of an amount equivalent to the first monthly payment or the amount for the formalisation of the reservation that stipulate the Landlord to satisfy the “User” (“booking amount”).
BEROOMERS is authorised by the landlord to receive charges and thus will make a charge on the account of your credit/debit card (Visa, MasterCard) that you provide to pay the booking amount.
You can pay by card or by transfer to the account that will be provided.
In case of payment by card, we will send a debit request to your bank, and the amount will not be debited to your account until you obtain authorisation from your bank. The debit term will depend on the rules applied to your form of payment (immediate, debit, deferred, etc).
In case of a rejection of the bank, the order will be automatically cancelled, and the user will be informed by email.
Your card can be declined for one of the following reasons:
The card could be expired. Check that it does not exceed the expiry date.
The limit of the card may have been reached. Check with your bank that the card has not exceeded the amount allowed to make purchases.
Some data entered may be incorrect. Check that all the necessary fields are correct.
The lack of payment of the booking will imply the cancellation of the same by BEROOMERS.
You agree to pay BEROOMERS the previously detailed amounts associated with the confirmed booking authorising the collection of these amounts by charging them to the credit card provided as part of the booking request. Once your booking transaction is confirmed you will receive a confirmation email that summarises your confirmed booking.
The applicable taxes will be included in accordance with the applicable legislation at the time.
DAMAGE TO ACCOMMODATIONS
We inform you on behalf of the landlord that as a customer, you are responsible for leaving the accommodation in the state in which you found it when you arrived. You accept and agree that, as a customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any person you invite, or to whom you otherwise offer access to the accommodation. In the event that a landlord affirms otherwise and proves the performance of damages, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged and charged to the credit card that we have in your BEROOMERS account.
As a provider of Information Society Services, BEROOMERS only responds in accordance with the provisions of the LSSI and the regulations on consumers and users, exonerating itself from any liability that may arise in cases of force majeure or under unforeseeable circumstances. We do not answer for the illegality of the contents published by you, and we do not have the capacity to supervise them, in this sense, we will act in accordance with the provisions of the LSSI regarding the principle of effective knowledge.
We do not respond to breaches made by the landlord or by you in relation to the latter, not being involved in the relationship that is generated between landlord and tenant.
BEROOMERS makes available to users who book through this platform a rating and opinion service in order that users can express opinions, pour comments and share their experience with BEROOMERS to third parties.
BEROOMERS acts exclusively as an intermediary service provider, specifically data storage, not being responsible for the contents that, in contravention of the general conditions or applicable legislation, the user may be the only party responsible for their messages.
BEROOMERS has no obligation to monitor the contents it hosts nor have the means to do so, therefore it does not exercise any control over them. However, in the event that you know of the publication of illegal content or that could harm goods or rights of a third party, we ask you to put it in our knowledge to the email address mentioned above so that we can remove these contents immediately. Additionally BEROOMERS in defense of the principles set forth in the LSSI and in compliance with the aforementioned Law is obliged to collaborate with the competent bodies that order, as the case may be, the withdrawal of certain messages as well as the suspension of the service as soon as the company becomes aware that the information stored is illegal or threatens the property and rights of third parties.
BEROOMERS does not guarantee the reliability, availability or continuity of the functioning of the website and will not be responsible for the interruption of the service, suspension, temporary server crash or for possible omissions, loss of information, data, configurations, improper access or violation of Confidentiality that originates in technical problems, communications or human omissions caused by third parties or not attributable to BEROOMERS. Additionally, it is not obliged to control and does not previously control the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of the users or people visiting the page, so it will not be liable for the damages and losses of any nature that could derive from them.
In relation to the use of the website, you agree to comply with all local, national and international laws and not allow or facilitate a third party, violates or infringes the rights (including without limitation copyright, publicity or privacy rights), image and trademarks) of others, our policies or operating mechanisms or the security of the service, and without prejudice to the above, YOU CANNOT:
Use computer programs, devices, robots or other means or manual or automatic processes in order to access, extract, collect or analyse content from our website or another service hosted on the website or content;
Interfere or damage our website, including without limitation, its realisation through the use of viruses, cancellation robots, Trojan horses, malicious code, packets invasion, denial of service attacks, impersonation of packets or IP, forged routes or email address information or similar methods or technology that may arise in the future.
Use our messaging services to send an unsolicited commercial email (“Spam”) or advertisements not related to accommodation in a particular residence.
Use our messaging services to send harassing messages or commit a criminal offence through them.
Register and use the website supplanting the identity of a third person.
Acts that infringe upon public order, criminal investigation, public security and national defence.
Acts that infringe upon public health or the health of natural persons.
Acts that infringe upon the dignity of the person and against the principle of non-discrimination based on race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
Acts that infringe upon the protection of youth and children.
Acts that infringe upon the intellectual property rights of third parties.
You will not be able to decipher, decompile, disassemble or reverse engineer any software used to offer the website and the services contained therein, nor will it prove the vulnerability of any BEROOMERS system or network, nor will it violate any security or authentication measures.
INTELLECTUAL PROPERTY RIGHTS
All the contents of the website are protected by the Intellectual and Industrial Property regulations, in particular by RDL 1/96 of April 12 that approves the Revised Text of the Intellectual Property Law and by the Trademark Law 17/2001 of December 7. The rights on the contents belong to BEROOMERS or, where appropriate, to third parties.
In no case does access to our website imply transfer, transmission or any other type of waiver, neither total nor partial, of Intellectual or Industrial Property rights. The user who accesses our website will only be able to view and obtain a private copy of the contents as long as such copy is solely and exclusively for his personal and private use; its use for commercial purposes is strictly prohibited.The user of the website must refrain from deleting, altering, evading or manipulating any protection device or security systems that may be installed in it. The unauthorised use of the materials and information contained in the Website may involve the violation of the legislation on the intellectual or industrial property and other applicable regulations. BEROOMERS reserves, therefore, the right to prosecute any infringement of its intellectual and industrial property rights.
APPLICABLE LEGISLATION AND JURISDICTION
This contract is governed by Spanish legislation. In case of any dispute that may arise between the parties regarding its validity, compliance or resolution, the Spanish Courts and Tribunals will know where the consumer resides.