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Legal Notice
GENERAL CONTRACTING CONDITIONS
WEB: https://apartamentosearra.eus/
COMPANY NAME: EARRA SERVICIOS TURIST S.L.
1.-GENERAL INFORMATION
The ownership of this website, https://apartamentosearra.eus/, (hereinafter APARTAMENTOS EARRA - ZARAUTZ) is held by: EARRA SERVICIOS TURIST S.L., provided with CIF: B10617397 and registered in the Mercantile Register of GIPUZKOA; and its registry details are: Volume 3048, Book, Folio 199, Page SS-44882 and Inscription 1, and whose contact details are:
Address: CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA.
Contact telephone number: 621 079 279
Email: info@apartamentosearra.eus
This document regulates the Contracting Conditions governing this website https://apartamentosearra.eus/ for the contracting of the services offered. In addition to taking into account these Conditions, please pay attention to our Legal Notice, Cookies Policy and our Privacy Policy before accessing, browsing and/or using this website.
For the purposes of these Conditions, the activity that EARRA SERVICIOS TURIST S.L. carries out is:
Flat rental.
By using this website and contracting any of our services, the user agrees to be bound by these Conditions of Contract and therefore all of the above mentioned if you do not agree, you should not use, browse or use this website.
You are also informed that these Terms and Conditions may be modified. The user will be responsible for consulting them each time he/she accesses, browses and/or uses https://apartamentosearra.eus/, as those in force at the time of contracting services will be applicable.
Any questions that the user may have regarding these General Conditions, please contact EARRA SERVICIOS TURIST S.L. using the contact details provided above, or by using the contact form.
2.- THE USER
The access, navigation and use of https://apartamentosearra.eus/, confers the condition of User, so that the user accepts, from the beginning of the navigation through https://apartamentosearra.eus/, all the Conditions that are established, as well as its subsequent modifications, without prejudice to the application of the corresponding legal provisions of compulsory compliance.
The user assumes responsibility for the correct use of https://apartamentosearra.eus/. This responsibility extends to:
Make proper use of https://apartamentosearra.eus/ to make legally valid enquiries and contract services.
Not to make any false or fraudulent purchase. If APARTAMENTOS EARRA - ZARAUTZ considers any operation of this nature, it may be cancelled and the relevant authorities may be informed.
Provide truthful and lawful data.
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through https://apartamentosearra.eus/.
3.-CONTRACTING / BOOKING PROCESS
In order to make any purchase on https://apartamentosearra.eus/, the User must be of legal age.
Users duly registered at https://apartamentosearra.eus/ must follow the online contracting procedure established by APARTAMENTOS EARRA - ZARAUTZ.
The steps to follow to contract services are:
Select the date of arrival and departure, accommodation and number of people.
See if there is availability on the selected date.
View the available options and click on the desired one.
Select one of the two options, non-refundable or standard and click on book.
Fill in the minimum information to make the booking.
Select the payment method.
Fill in the payment details.
Finalise the booking.
The User must fill in and check the information in each of the steps and the requested data may be modified before making the payment. If the modification is not possible, please contact us to inform us of the incident that has arisen.
Afterwards, the user will receive a receipt or confirmation of the operation carried out by means of the e-mail address provided to APARTAMENTOS EARRA - ZARAUTZ.
4.-AVAILABILITY
All the services shown on https://apartamentosearra.eus/ are subject to availability at the time of consultation of the web page. The availability of the same will be constantly updated, thus showing the available units as truthfully as possible in APARTAMENTOS EARRA - ZARAUTZ.
If difficulties arise when making the reservation or if there are no available dates, APARTAMENTOS EARRA - ZARAUTZ undertakes to contact the user and relocate the date or reimburse the amount that has been paid.
5.-PRICES AND PAYMENT
The prices shown on https://apartamentosearra.eus/ are final prices, in Euros (€) and include all taxes, especially those relating to VAT.
especially those related to VAT.
Under no circumstances will APARTAMENTOS EARRA - ZARAUTZ add any additional cost to the price of the contracted services automatically, but only those that the user has selected and chosen voluntarily and freely.
Prices may change at any time, but the changes reflected will not affect orders or purchases that the User has made, has the receipt and has not been completed.
We offer different payment methods:
a. By credit or debit card
You can pay immediately through our Bank's SSL secure payment gateway. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card. Credit cards will be subject to checks and authorisations by the issuing bank. APARTAMENTOS EARRA - ZARAUTZ will not be responsible for any delay or non-delivery due to this reason.
By clicking on ‘Authorise Payment’ or ‘Confirm Payment’ the User guarantees that the credit card is theirs or that they are the legitimate holder of the gift card or subscription card.
b. By Bank Transfer
By cash deposit or bank transfer in favour of APARTAMENTOS EARRA - ZARAUTZ indicating the name of the client and order number when making the transfer. Reservations made by this method will be reserved for 48 hours from the confirmation of the reservation. Once the payment has been received, it will be processed and, if it is not made within this period, the reservation will be cancelled.
6.-TECHNICAL MEANS TO CORRECT ERRORS
In the event that the User detects that an error has been made when entering data necessary to process the purchase request on https://apartamentosearra.eus/, he/she may modify the same by contacting APARTAMENTOS EARRA - ZARAUTZ through the means provided for contacting customer service.
Furthermore, this information may be modified by the user in his or her personal section or area.
Similarly, the User is referred to consult the Legal Notice and Terms and Conditions of Use to obtain more information on how to exercise the Right of Rectification in accordance with the provisions of Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights.
7.- RIGHT OF WITHDRAWAL
The User, in accordance with articles 68 and 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the General Law for the Defence of Consumers and Users, has the right to withdraw, with a minimum period of 14 calendar days without the need for justification.
To exercise this right, the User must notify APARTAMENTOS EARRA - ZARAUTZ of their decision. This can be done through the contact spaces provided at https://apartamentosearra.eus/ or through:
Address: CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA.
Telephone: 621 079 279
Email: info@earratours.eus
Regardless of the means chosen by the User to communicate the exercise of his or her right, he or she must clearly and unequivocally express his or her intention to withdraw from the contractual relationship. In any case, the User may use the model withdrawal form that APARTAMENTOS EARRA - ZARAUTZ makes available, although its use is not obligatory.
In the event of cancellation, APARTAMENTOS EARRA - ZARAUTZ will reimburse the User for all payments received, provided that the cancellation is made before the last 5 calendar days of the reservation, by the same means by which the User paid without any undue delay. If cancellation is made less than 5 days in advance, it will be subject to a penalty equal to 50% of the total amount of the reservation.
In the case of selecting the NON-REFUNDABLE RESERVATION option. The reservation cannot be cancelled.
8.-EXONERATION OF RESPONSIBILITY
Unless otherwise provided by law, APARTAMENTOS EARRA - ZARAUTZ will not accept any responsibility for the following losses, regardless of their origin:
Any loss that is not attributable to any non-fulfilment on its part.
Business losses.
Indirect losses that were not reasonably foreseeable by both parties at the time the purchase contract was formalised.
Likewise, APARTAMENTOS EARRA - ZARAUTZ only limits its responsibility to the following cases:
APARTAMENTOS EARRA - ZARAUTZ applies all its measures to provide a faithful image of the product on https://apartamentosearra.eus/, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used.
APARTAMENTOS EARRA - ZARAUTZ will act with the maximum diligence in order to provide the company in charge of transporting the product with the purchase order. However, it accepts no responsibility for damages resulting from transport malfunctions, especially strikes, road delays and, in general, any others typical of the sector, which result in delays, loss or theft of the product.
Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability at https://apartamentosearra.eus/ due to maintenance or other reasons, which prevent the availability of the service. APARTAMENTOS EARRA - ZARAUTZ puts all the means at its disposal in order to carry out the complete purchase process of the products, nevertheless, it is
exempt from responsibility for causes that are not attributable to it, fortuitous events or force majeure.
APARTAMENTOS EARRA - ZARAUTZ will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, APARTAMENTOS EARRA - ZARAUTZ will not be held responsible for an erroneous return made by the user.
In general, APARTAMENTOS EARRA - ZARAUTZ will not be held responsible for non-fulfilment or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond our reasonable control, that is to say, due to force majeure.
9.- NULLITY
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by said declaration of nullity.
10.- DATA PROTECTION
The information or data of a personal nature that the User provides to APARTAMENTOS EARRA - ZARAUTZ in the course of a transaction on https://apartamentosearra.eus/, will be treated in accordance with that established in the Privacy Policy, General Conditions and Legal Notice. By accessing, browsing and/or using https://apartamentosearra.eus/ the user consents to the treatment of said information and data
and declares that all the information or data provided is true.
11.-APPLICABLE LEGISLATION
Access to, browsing and/or use of https://apartamentosearra.eus/ and contracts for the contracting of services through the same shall be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of https://apartamentosearra.eus/ or with the interpretation and execution of these Conditions, or with the contracts produced between the User and APARTAMENTOS EARRA - ZARAUTZ, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
12.-CLAIMS AND COMPLAINTS
The user can send APARTAMENTOS EARRA - ZARAUTZ their complaints, claims or any other type of comment they may wish to make through the contact details provided at the beginning of these General Conditions.
Furthermore, APARTAMENTOS EARRA - ZARAUTZ has return and complaint forms for any disagreement that the user may have.
13.- EXTRAJUDICIAL SYSTEM OF CONFLICTS
APARTAMENTOS EARRA - ZARAUTZ provides the User with an Extrajudicial Dispute Resolution procedure that allows the user to present a complaint by filling in an electronic form and will offer them the option of attaching the relevant documents. Through the following link https://cec.consumo.gob.es/CEC/web/noticias/litigios_linea.htm, the user can start the procedure.
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PRIVACY AND DATA PROTECTION POLICY.
Basic information on data protection
Responsible:
EARRA SERVICIOS TURIST S.L.
Purpose:
To attend to your request for information, execution of the contract for the provision of the service, sending commercial communications with your consent.
Legitimation:
Execution of contract and consent of the data subject (art. 6.1 a) and b) RGPD).
Recipients:
No data will be transferred to third parties, unless legally obliged to do so.
Rights:
You have the right to access, rectify and delete the data, as well as other rights, indicated in the additional information, which you can exercise by contacting CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA.
GENERAL:
For the purposes of the provisions of the European Data Protection Regulation EU 2016/679, of 27 April, of the Parliament and the Council, in Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights and other national legislation in force, EARRA SERVICIOS TURIST S.L., informs you that it fully complies with current legislation on the protection of personal data, and with the confidentiality commitments inherent to its activity.
EARRA SERVICIOS TURIST S.L. informs you of the existence of an information processing system, owned by EARRA SERVICIOS TURIST S.L., for the purposes of management, communication and information. The aforementioned system is described in the corresponding Register of Processing Activities of the RT.
SECURITY MEASURES AND LEVELS:
EARRA SERVICIOS TURIST S.L. has adopted the necessary measures to guarantee the security of the information, as required by art. 32 of the RGPD, according to the nature of the personal data processed and the circumstances of the processing, with the aim of avoiding, as far as possible and always according to the state of the art, its alteration, loss, processing or unauthorised access, thereby guaranteeing the confidentiality, integrity and availability of the same.
SCOPE OF APPLICATION:
The security measures that EARRA SERVICIOS TURIST S.L. has described in the Register of Processing Activities will be applied to all the assets of the information processing system in which personal data are processed, in order to comply with current legislation on data protection.
All the personnel contracted by EARRA SERVICIOS TURIST S.L. and its data processors are obliged to comply with the aforementioned regulations, with special attention to their functions and obligations, including the duty of secrecy, which will be duly determined by EARRA SERVICIOS TURIST S.L..
DATA COLLECTION:
The acceptance of the present conditions, requires the user to collect some essential data for the provision of its services, which will be requested personally through forms or the website. At the time of collecting the data, the user will be duly informed of the rights to which he/she is entitled.
In order to ensure that the information contained in our processing system is always up to date and error-free, we ask our customers and users to inform us as soon as possible of any changes or corrections to their personal data.
EXERCISE OF RIGHTS:
To exercise your rights of access, challenge, rectification, cancellation, suppression or opposition, portability, limitation of treatment, you should contact EARRA SERVICIOS TURIST S.L., CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA. by means of written communication or by e-mail to the address info@earratours.eus. You may also file a complaint with the AEPD.
CONSENT:
The user will give his consent so that EARRA SERVICIOS TURIST S.L. can make use of his personal data in order to provide a correct fulfilment of the contracted services.
The completion of the form included in the site or the sending of e-mails or other communications to EARRA SERVICIOS TURIST S.L., implies the express consent of the user to the inclusion of their personal data in the aforementioned processing system, owned by EARRA SERVICIOS TURIST S.L..
At the time of the request for this information, the client or user will be informed of the recipient of the information, the purpose for which the data is collected, the identity and address of EARRA SERVICIOS TURIST S.L. and the user's right to exercise their rights of access, challenge, rectification, cancellation, deletion or opposition, portability, limitation of treatment and to file a complaint with the AEPD (Spanish Data Protection Agency).
TRANSFER TO THIRD PARTIES:
EARRA SERVICIOS TURIST S.L. does not transfer personal data without the express consent of the owners, which must be granted on each occasion, being only transferred for the purpose expressed and always with the consent of the user or client.
CONFIDENTIALITY AND PROFESSIONAL SECRECY:
The data collected in all private communications between EARRA SERVICIOS TURIST S.L. and customers or users will be treated with absolute confidentiality, committing EARRA SERVICIOS TURIST S.L. to the obligation of secrecy of personal data, its duty to keep them and take all necessary measures to prevent alteration, loss and unauthorised access or treatment, in accordance with the provisions of current regulations.
In addition, information of any kind that the parties exchange between themselves, that which they agree to be of this nature, or that which simply concerns the content of such information, shall also be considered confidential. The visualisation of data through the Internet does not imply direct access to the same, except with the express consent of the owner on each occasion.
We recommend that the client does not provide any third party with their identification, password or reference numbers that EARRA SERVICIOS TURIST S.L. could provide them with. Also, to ensure that the protection of professional secrecy between EARRA SERVICIOS TURIST S.L. and the client is preserved in all communications, the client/user should not disclose confidential information to third parties.
CHANGES IN THE SECURITY AND DATA PROTECTION POLICY:
EARRA SERVICIOS TURIST S.L. reserves the right to modify its security and data protection policy in order to adapt it to new legislative or jurisprudential developments, as well as those that may arise from existing standard codes on the subject, or by strategic corporate decisions, with effect from the date of publication of such modification on the website of EARRA SERVICIOS TURIST S.L..
CONTACT ADDRESS:
The website https://apartamentosearra.eus/, is managed by EARRA SERVICIOS TURIST S.L., registered in the Mercantile Register with the following data: Volume 3048, Book, Folio 199, Page SS-44882 and Inscription 1 and with CIF B10617397.
The information processing system created is located at the registered office, which is established for the purposes of this Legal Notice, at CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA; under the supervision and control of EARRA SERVICIOS TURIST S.L., who assumes responsibility for the adoption of technical and organisational security measures to protect the confidentiality and integrity of the information, in accordance with the provisions of the European Data Protection Regulation EU 2016/679, of 27 April, of the Parliament and the Council; the Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights and the rest of the national regulations in force and other applicable legislation.
EARRA SERVICIOS TURIST S.L. in accordance with Law 34/2002, on Information Society Services and Electronic Commerce, informs you that the broad meaning of this Law includes among these services the provision of information by this means. In any case, the European Data Protection Regulation EU 2016/679, of 27 April of the Parliament and the Council; the Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights and the rest of the national regulations in force and its development regulations will be applicable in this regard, especially with regard to the collection of personal data, the information to the interested parties and the creation and maintenance of personal data processing.