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.