General contract conditions

 

Last update: 08/14/2024

 

This contractual document will govern the contracting of accommodation reservations through the website www.apartamentosestartit.com, property of TORRENT API SAU, under the trademark of TORRENT API SAU, hereinafter, TORRENT API, whose contact information also appears in the Legal Notice of this Website.

These Conditions will remain published on the website at the CLIENT's disposal to reproduce and save them as confirmation of the contract and may be modified at any time by TORRENT API. It is the CUSTOMER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality, except in cases expressly provided for in the Civil and Commercial Codes or other applicable special laws.

Acceptance of this document means that the CLIENT:

• You have read, understand and understand what is stated here.
• It is a person with sufficient capacity to hire.
• Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the TORRENT API website.

TORRENT API informs that the business is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.

 

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the provider of the services contracted by the CLIENT is TORRENT API SAU, with registered office at Pg. de Catalunya, no. 35 - Torroella de Montgrí 17257 (GIRONA), NIF A17031170 and with the CUSTOMER service telephone number subject to this following contract: 972 751 744.

And on the other hand, the CLIENT is the person who contracts the tourist accommodation services and is responsible for the veracity of the personal data provided to TORRENT API.

 

 

 

 

 

 

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship between TORRENT API and the CLIENT at the time the CLIENT accepts, during the online contracting process, the rental of properties for temporary accommodation.

The contractual relationship of accommodation reservation involves the rental of the chosen property, for a limited time, in exchange for a determined price publicly displayed through the website. Extra services can be contracted at any time.

RECRUITMENT PROCEDURE

The CUSTOMER, to access the services or products offered by the TORRENT API, must be of legal age and when making the online reservation. Therefore, the CLIENT must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), detailed in the Warning legal and the Policy privacy of this website.

Once the CLIENT has been registered, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.

2. Reservation and payment processes.

3. Right of withdrawal (cancellations).

4. Claims and online dispute resolution.

5. Force majeure.

6. Competition.

7. Generalities of the offer.

8. Price and validity period of the offer.

9. Purchase Process

10. Applicable law and jurisdiction

 

 

 

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1. GENERAL CONTRACTING CLAUSES

 

Unless specifically stipulated in writing, making a reservation with TORRENT API will imply the CLIENT's acceptance of these legal conditions. No stipulation made by the CUSTOMER may differ from these conditions unless it has been expressly accepted in advance and in writing by TORRENT API.

 

2. RESERVATION AND PAYMENT PROCESS

 

Our automatic system for calculating availability and prices will allow you to choose the apartment or house that interests you and immediately make the online payment of 40% of the rental price. Alternatively, you may make a bank transfer within a maximum period of 72 hours. If the transfer is not completed within that period, your reservation will be automatically canceled. The expenses incurred by this payment method will be borne by the CUSTOMER.

Reservation confirmation: Once the 40% payment has been made, the reservation will be confirmed instantly, and you will immediately receive an email with all the details (key collection address, contact office information, dates, etc.).

TORRENT API will not reserve accommodation until it has verified that payment has been made. Once the payment is verified, TORRENT API will contact you by email to confirm the reservation. This is contingent upon availability having been confirmed.

Security in online payment: TORRENT API is committed to protecting CUSTOMER data to the maximum extent.

 

Deposits:

A valid credit card number is required as a guarantee and must be provided upon arrival. To check the amount of the deposit, see the specific conditions of each accommodation.

If the tenants are a group of individuals under 30 years of age or the agreed-upon rules in the reservation are not met, TORRENT API reserves the right to request an additional deposit with a minimum of €1,000. Payment of the deposit will be made at the time of check-in. The deposit will be returned within 24 hours after departure, once the accommodation has been inspected, using the same method as the deposit payment. If there are damages to the accommodation, the corresponding amount will be deducted from the deposit.

 

Failure to Execute the Remote Contract

If the contract cannot be executed because the accommodation is not available within the expected period of 30 days, the CLIENT will be informed of the lack of availability and will be entitled to cancel the reservation and receive a refund of the total amount paid without any cost, without resulting in any liability for damages attributable to TORRENT API SAU.

 

In the event of unjustified delay on the part of TORRENT API SAU regarding the return of the total amount, the CUSTOMER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount, as established in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and other complementary laws, Articles 19 to 113. TORRENT API SAU will not assume any responsibility when the lack of execution is due to false, inaccurate, or incomplete data provided by the CLIENT.

3. CANCELLATIONS (RIGHT OF WITHDRAWAL)

By the CUSTOMER

You can view the specific conditions of each accommodation. The Customer has the same rights and deadlines to proceed with the cancellation and/or to claim any possible defects that the reservation may present, both online and offline.

All cancellations must be communicated to TORRENT API SAU by requesting a return reservation number using the form provided for this purpose or by email to estartit@torrent-api.com, indicating the corresponding reservation number.

You can access the withdrawal from here: Withdrawal Form

There will be NO REFUNDS if the client voluntarily withdraws from the services before the end of their stay.

By TORRENT API SAU

If, due to unforeseen causes not attributable to the company, the accommodation cannot be occupied, the company may provide the client with alternative accommodation of equal or superior characteristics without any refund by either party.

 

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Our goal is to ensure that our clients have a pleasant stay. If any breakdown occurs in the electrical installations or devices during the rental period, you must immediately notify TORRENT API SAU so that these incidents can be resolved as quickly as possible.

In case of force majeure (damage caused by water, fire, etc.), TORRENT API SAU will replace the reserved accommodation with another of the same characteristics. If no alternative accommodation is available, TORRENT API SAU will refund the total amount paid.

Any claim that the CLIENT considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

TORRENT API SAU

Av. De Grecia 20 17258 l'Estartit (GIRONA)

Telephone: 972751744 Email:estartit@torrent-api.com

 

 

Online Dispute Resolution

 

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the CLIENT and TORRENT API SAU, without the need to resort to the courts of law. This is facilitated through the intervention of a third party, known as the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

5. FORCE MAJEURE

The parties will not incur liability for any failure due to a force majeure event. Compliance with the obligation will be delayed until the force majeure situation ceases.

Special conditions in drought situations:

The measures to manage water shortage episodes in the territory, as agreed upon by the Generalitat of Catalonia and/or other competent public administrations, will be mandatory for both contracting parties. In compliance with the regulations, services may be affected and cannot be carried out normally without this resulting in any type of compensation.

Restrictions due to pandemics:

If, due to mobility restrictions or other reasons related to regulations regarding pandemics, the CLIENT cannot travel to the reserved accommodation, they will have the possibility of using their reservation up to twelve months after the end of the restriction or on a new date proposed by the PROVIDER.

 

6. COMPETENCE

The CUSTOMER may not assign, transfer, or transmit the rights, responsibilities, and contracted obligations. If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality, and enforceability of the remaining provisions will not be affected or modified in any way.

The CUSTOMER declares to have read, understood, and accepted these General Conditions in their entirety.

 

 

 

 

 

7. GENERALITIES OF THE OFFER

All sales and deliveries made by TORRENT API will be understood to be subject to these General Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of TORRENT API or stipulated herein will have effect unless expressly agreed in writing and signed by TORRENT API. In such a case, these agreements will prevail.

Given the continuous technical advances and product improvements, TORRENT API reserves the right to modify its specifications regarding the information provided in its advertising, if this does not affect the value of the services offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.

Check-in and Check-out Times:

Check-in time is at 5:00 p.m. Departure time is until 10:00 a.m.

Contact the agency if you have any requests in this regard.

Arrivals outside office hours must be agreed with the agency and constitute an extra service costing €30. In these cases, the remainder of the reservation is paid the next day at the reception office.

Services:

Services may vary depending on the accommodation.

All services (included and optional), as well as their prices, are described in the accommodation characteristics sheet.

We suggest special attention to the Observations section. It is not in all the files, and its content varies.

The guarantee of the services offered will comply with the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and other complementary laws:

Compliance of services with the contract

Unless proven otherwise, it will be understood that the services are in accordance with the contract if they meet all the requirements expressed below, unless, due to the circumstances of the case, any of them are not applicable:

a) They conform to the description made by TORRENT API.

b) They are suitable for the uses to which services of the same type are ordinarily intended.

c) They present the usual quality and benefits of a service of the same type that the CLIENT can reasonably expect, considering its nature and, where appropriate, the descriptions of the specific characteristics of the services made by TORRENT API.

d) The photos provided are merely indicative and may not reflect the current state of the properties. The details, technical characteristics, and descriptions of the properties are provided for informational purposes and do not constitute a contractual obligation. The information provided may be subject to changes and updates without prior notice.

 

The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity with the contract, as long as the responsibility for these falls on TORRENT API or under its responsibility. On the contrary, when the service not performed or provided is due to negligence or bad practice of the CLIENT, it will not be considered the fault of TORRENT API and will be deemed in accordance with the terms of the contract.

Liability will not arise for lack of conformity that the CLIENT knew or could not have been unaware of at the time of the conclusion of the contract or that originated from information provided by the CLIENT.

TORRENT API Responsibility

TORRENT API will respond to the CLIENT for any lack of conformity that exists at the time of delivery of the accommodation. TORRENT API recognizes the CLIENT's right to repair the service, to replace it, to compensate the price, and to terminate the contract.

Repair and replacement of accommodation service

If the accommodation service does not comply with the contract, the CLIENT may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. Once the CLIENT communicates the chosen option to TORRENT API, both parties must comply. This decision of the CUSTOMER is understood without prejudice to the provisions in cases where the repair or replacement fails to bring the service into compliance with the contract.

Any form of correction that imposes on TORRENT API costs that, in comparison with the other form of correction, are not reasonable, will be considered disproportionate, considering the value that the service would have had if there were no lack of conformity, the relevance of the lack of conformity, and if the alternative form of correction could be carried out without major inconveniences for the CUSTOMER.

Repair and replacement will comply with the following rules:

The necessary expenses incurred to correct the lack of conformity of the contracted services will be free of charge for the CLIENT. They will be carried out within a reasonable period and without major inconveniences for the CLIENT, considering the nature of the services and the purpose they had for the CLIENT.

If the repair is completed and the property delivered continues to be non-compliant with the contract, the CUSTOMER may demand its replacement, a price reduction, or termination of the contract.

If the replacement fails to bring the property into compliance with the contract, the CLIENT may demand its repair, compensation of the price, or termination of the contract.

Price compensation and contract termination

Price compensation and termination of the contract will proceed, at the CUSTOMER's choice, when the latter cannot demand the repair or replacement of the service, and in cases where these have not been carried out within a reasonable period or without major inconveniences for the CUSTOMER. Termination will not proceed when the lack of conformity is of minor importance.

 

Criteria for price compensation

Price compensation will be proportional to the difference between the value the service would have had at the time of delivery if it had been in accordance with the contract, and the value of the service actually delivered at that time.

Deadlines

Unless proven otherwise, delivery is deemed to have been made on the day stated in the reservation. The CUSTOMER must inform TORRENT API of the lack of conformity as soon as they become aware of it. Unless proven otherwise, it will be understood that the CLIENT's communication has taken place within the established period.

Client Responsibilities

In accordance with Royal Decree 933/2021, of October 26, and Order IRP/418/2010, of August 5, on the obligation to register and communicate to the General Directorate of the Police the information of people staying in hospitality establishments located in Catalonia, all occupants of the accommodation must be correctly identified before entering the accommodation. This regulation establishes that hospitality establishments in Catalonia must send, by electronic means, information related to the stay of the people staying.

Community regulations and good use of facilities:

The client agrees to respect the regulations of the Community and the specific rules of each accommodation. House rules are provided upon arrival and establish guidelines related to aspects of the ordinary operation of the accommodation (e.g., silence at certain times, garbage disposal, etc.). It is essential to respect these rules, which are often common sense and facilitate coexistence with other neighbors.

It is important to respect the rest of the neighbors, so we ask our guests not to engage in noisy activities, especially between 10:00 p.m. and 8:00 a.m. It is also important to avoid actions that could disturb neighbors, such as loud music or noise. Parties and the entry of people not staying in the home are prohibited to respect the rest of the neighbors. It is essential to make good use of the common areas or elements of the building where the tourist home is located, as well as to behave civilly both in the tourist home and in the building in which it is integrated.

Pool hours are set by each Community and, in general, are from 10:00 a.m. to 9:00 p.m. It is prohibited to nail objects such as parasols or awnings into the grass, as well as using inflatable mattresses inside the pool. Children must always be accompanied by their parents and are under their responsibility. The use of electricity and water must be rational. When the air conditioner is running, be sure to close doors and windows. It is prohibited to hang towels and clothes on the balcony railings.

Parties and Events:

Parties or events of any kind are not allowed unless expressly authorized in writing by TORRENT API.

Maximum Occupancy: In no case is it allowed to occupy the accommodation with more people than those indicated in the reservation and a maximum of the number of people established as the maximum capacity of the accommodation.

Pets: Pets are allowed unless otherwise specifically indicated in the particular conditions of each accommodation.

No Smoking: Smoking is not allowed in the apartments, except on balconies, terraces, patios, and gardens (it is necessary to consult the specific regulations of each community). Failure to comply with this rule will result in a fine of up to 200 euros to cover the costs of cleaning upholstery, curtains, and bedspreads.

The person holding the contract is responsible for the correct behavior of all its occupants. Otherwise, TORRENT API reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.

Liability for Damages:

Neither TORRENT API nor the owner will be responsible for any direct or indirect damage that may result from misuse of the accommodation, including but not limited to, damage, loss from fires, theft, crime, accidents, or other types of damage. The client will be responsible for any damage caused to the accommodation or its facilities during their stay and must report any damage to TORRENT API immediately. The costs for repair or replacement of any damages will be deducted from the deposit, and if necessary, legal action will be taken to recover any additional costs. Booking any accommodation managed by TORRENT API implies acceptance of these terms.

Non-Compliance: Failure by the client to adhere to the established conditions will entitle TORRENT API to demand immediate departure from the apartment, with no compensation. This will also result in the forfeiture of the deposit and reservation rights, and thus, eviction of the occupants. Regulated by Decree 75/2020 of August 4, Tourism of Catalonia: "In the event that a user of a Tourist Accommodation violates basic rules of coexistence, regulations set by the accommodation manager, or municipal ordinances, the property owner or manager of the tourist accommodation must require the user to leave the property immediately."

 

8. Price, Validity Period of the Offer, and Payment Methods

The prices indicated for each reservation do not include the tourist tax or any other additional services and supplements to the acquired service. The applicable prices for each property are those published on the website and will be expressed in EURO. The CLIENT acknowledges that the economic valuation of some services may vary in real time. Prices may change daily until the reservation is made.

Any payment made to TORRENT API will result in the issuance of a receipt under consent (Art. 63.3 RD 1/2007) in the name of the registered CLIENT or the company name provided at the time of booking, which will be delivered to the CLIENT at the end of the rental and once the contracted services have been paid. If the CLIENT wishes to receive the receipt via email, it must be requested through any of the means provided by the SERVICE PROVIDER.

For any information regarding the reservation, the CLIENT can contact TORRENT API’s customer service by phone at 972 75 17 44 or via email at estartit@torrent-api.com .

TORRENT API is responsible for financial transactions and offers the following payment methods for the reservation: credit card, bank transfer, and cash, limited to what is regulated by Law 11/2021 on measures for the prevention and fight against tax fraud. This law establishes limits on cash payments for certain transactions to combat fraud and tax evasion.

 

9. PURCHASE PROCESS

Property search Our website has a search system by different parameters to make it easier for you to choose your accommodation.

Types of reservations: Reservation with immediate confirmation: Minimum price of the service stipulated on the website. You can make the reservation online and add the extra services that suit you. Price not available: If the price of the service is not available, the USER will be informed as soon as possible, by email or telephone.

Reservation (purchase request) From the Online Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.

The final price will be calculated according to the selected arrival and departure dates, the people staying (adults and children) and the extra services chosen.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. data. To achieve these purposes, the CLIENT accepts that the TORRENT API obtains data for the purposes of the corresponding authentication of access controls.

TORRENT API undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards

 

10. APPLICABLE LAW AND JURISDICTION

These conditions will be governed by and interpreted in accordance with Spanish law, except as expressly stated otherwise in this agreement. TORRENT API and the CLIENT agree that any disputes arising from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the CLIENT's domicile, except in cases involving real estate matters. For real estate disputes, jurisdiction shall lie with the courts and tribunals of TORRENT API’s domicile, in accordance with Article 90.2 of the General Law for the Defense of Consumers and Users (LGDCU).

If the CLIENT is domiciled outside of Spain, TORRENT API and the CLIENT expressly waive any other forum, agreeing to submit to the Dispute Resolution Body that will mediate between the parties in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to courts. For further information, see Clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Terms.

 

Modification date: 08/14/2024

 

 

 

 

Withdrawal Form

Attn: TORRENT API SAU NIF: A17031170

Registered office: Pg. de Catalunya, 35 - Torroella de Montgrí 17257 (GIRONA)

Telephone: 972 758 925 Email:estartit@torrent-api.com

I hereby inform you that I am withdrawing from my rental contract for the tourist apartment with the following details:

Reservation number: ________________________________________________

Name of consumer and CUSTOMER: ____________________________________

Phone: __________________________________________________________

Email: _________________________________________________

Accommodation Name:            __________________________________

Locator No.:    

Entry Date: ____________           Departure Date:             _______________            

Date of receipt of this withdrawal: __________________________

Signature of the consumer and CUSTOMER (only if this form is presented on paper):

 

Date: ____________________________________________________________