These Terms must remain published on the website and available to the USER, so that they can be reproduced and stored as confirmation of the contract, and may be modified by the PROVIDER at any time. It is the USER’s responsibility to read them periodically, since the version in force at the time of placing an order is the one that applies.

Contracts are not subject to any particular formality, except in cases expressly mentioned in the Civil and Commercial Codes and in this or other special legislation.

Acceptance of this document means that the USER:

• Has read, understood and comprehended its contents.
• Is a person with sufficient legal capacity to enter into a contract.
• Assumes all the obligations set out herein.

These obligations remain valid indefinitely and apply to all bookings made through the PROVIDER’s website.

The PROVIDER states that it is a responsible business and is aware of the legislation in force in the countries where it offers its services, and reserves the right to unilaterally modify these Terms, without this affecting goods or promotions already booked prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the accommodation booking service is EL SERRAL 523, S.L., with registered office at C/Masia el Serral, Barri Sardinyola, s/n, 08730 Santa Margarida i els Monjos (Barcelona), Tax ID B63824841, customer service phone 935285898.

On the other hand, the USER, registered on the website with a username and password, is fully responsible for their use and safekeeping, and is responsible for the accuracy of the personal data provided.

Purpose of the contract

This contract governs the contractual relationship between the PROVIDER and the USER at the moment the latter accepts, during the online booking process, the rental of properties for temporary accommodation.

Booking accommodation involves renting the chosen property for a limited period of time in exchange for a set price, publicly displayed on the website. Extra services must be booked at the time the reservation is made.

Booking procedure

To access the PROVIDER’s services or products, the USER must be of legal age and register on the website by creating a user account, freely and voluntarily providing the requested personal data, which will be processed in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD), as further detailed in the Legal Notice and Privacy Policy of this website.

The USER must choose a username and password, undertaking to use them diligently and not disclose them to third parties, and to notify El Serral 523, S.L. of any loss, theft, or unauthorised access so that they can be blocked immediately.

Once the account has been created, and in accordance with Article 27 of Spanish Law 34/2002 (LSSICE), the booking procedure follows the numbered steps listed in the table of contents of this document.

01 General terms of contracting

Unless otherwise agreed in a specific written arrangement, making a reservation with the PROVIDER implies the USER’s acceptance of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

02 Booking activation and payment

The PROVIDER will inform the USER in advance about the procedure to follow to make a booking. Our automatic availability and pricing system allows the USER to choose the desired apartment or house and immediately pay 40% of the rental price online, or alternatively make a bank transfer within a maximum period of 48 hours.

The PROVIDER will not confirm the accommodation booking until payment has been verified. Once confirmed, the PROVIDER will contact the USER by email to confirm the reservation, provided availability has also been confirmed.

Security deposits

El Serral 523, S.L. applies three types of security deposit, ranging from €200 to €500. If the guests are a group of young people, they must pay €50 per person, with a minimum of €250.

The deposit must be paid in cash upon arrival at the accommodation. Upon departure, following an inspection of the property, it will also be refunded in cash. Any damage found at the accommodation will be deducted from the deposit.

Failure to perform the distance contract

If the contract cannot be performed because the accommodation is not available within the expected period of 30 days, the USER will be informed of this lack of availability and will be entitled to cancel the booking and receive a full refund at no cost, without this giving rise to any liability for damages on the part of the PROVIDER.

In the event of an unjustified delay by the PROVIDER in refunding the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for any damages exceeding this sum.

The PROVIDER will not assume any liability if the service cannot be activated because the data provided by the USER is false, inaccurate, or incomplete.

03 Cancellations (right of withdrawal)

Withdrawal form: elserralhotel.com/formulario-solicitud-desistimiento-en.pdf

The USER has the same rights and time limits to cancel and/or claim for any defects in the booking, whether made online or offline.

Any cancellation must be communicated to the PROVIDER by requesting a refund reference number through the form provided for this purpose, or by email to administracion@elserralhotel.com, indicating the corresponding invoice or booking number. In the event of a refund, the USER may be subject to the following penalties:

• If the booking is cancelled more than 30 days before the arrival date: the PROVIDER will refund 50% of the booking amount.
• If the booking is cancelled less than 30 days before the arrival date: no amount will be refunded (0%).

04 Complaints

Any complaint the USER considers appropriate will be dealt with as promptly as possible, through the following contact details:

EL SERRAL 523, S.L. states that it has official complaint forms available for any user or consumer who requests them, which can be requested through any of the contact details above or by emailing dpd@elserralhotel.com. Even where a complaint is not submitted through an official form, it will be handled as promptly as possible.

If, during the rental period, any fault occurs in the facilities or electrical appliances, the USER must immediately notify the PROVIDER so the issue can be resolved as soon as possible.

05 Force majeure

Neither party shall be held liable for any failure caused by force majeure. Fulfilment of the obligation will be delayed until the cause of the force majeure event ceases.

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of similar characteristics. If no accommodation is available, the full amount paid will be refunded.

06 Assignment

The USER is prohibited from assigning, transferring, or conveying the rights, responsibilities, and obligations arising from this contract.

If any provision of these Terms is found to be void or impossible to fulfil, its validity, legality, and enforceability will not affect the rest of the Terms, nor will the remaining provisions be modified in any way.

The USER declares to have read, understood, and accepted these General Terms in their entirety.

07 Offer details

The details of each booking, such as the accommodation and meal plan, are provided to the USER in the corresponding description on the website. All sales and deliveries made by El Serral 523, S.L. are subject to these General Terms.

No modification, amendment, or agreement contrary to El Serral 523, S.L.’s Commercial Proposal or to what is stipulated here shall have effect, unless there is an express written agreement signed by El Serral 523, S.L., in which case such specific agreements will prevail.

Due to ongoing technical improvements, El Serral 523, S.L. reserves the right to modify the specifications described in its advertising, provided this does not affect the value of the services offered.

Check-in and check-out

Check-in and check-out for all accommodation takes place on Saturdays.

On arrival at the agency, and in accordance with current legislation, the USER must hand in the booking form and identify all occupants of the accommodation. They must then sign the rental agreement and pay the remaining 60% of the rental price, a €20.00 management fee, and the tourist tax of €0.50 per day per person over the age of 16 (up to a maximum of 7 days, under Law 5/2012 of 20/3/12, D.O.G.C. no. 6094), plus the security deposit. The rental amount may be paid by card or in cash; the deposit must always be paid in cash.

The accommodation must be returned clean and with all kitchen equipment and utensils. Bath towels and bed linen per guest are included in the rental price.

Extra services

If the USER wishes to book an extra service, this must be done at the time of booking:

Some accommodations allow pets; to authorise this, please inform El Serral 523, S.L. at the time of booking.

Guest responsibilities

• Respect community rules: between 10:00 pm and 9:00 am, parties and noise are not permitted, and under no circumstances may the accommodation be occupied by more people than its maximum stated capacity.
• Use electricity and water responsibly.
• Do not hang towels or clothing from balcony railings.
• Pool hours are generally from 10:00 am to 9:00 pm; it is forbidden to drive objects into the lawn (parasols, awnings, etc.) or use inflatable mattresses in the pool.
• Children must always be accompanied by, and under the responsibility of, their parents.
• The USER is responsible for the appropriate behaviour of all members of their booking party; otherwise, the PROVIDER reserves the right to remove the occupants from the accommodation, with no right to future claims or compensation.

Neither El Serral 523, S.L. nor the property owner will be liable for any direct or indirect damage arising from misuse of the accommodation, including, without limitation: breakages, losses following fires, theft, crime, accidents, or other types of damage.

08 Price and validity of the offer

The prices shown for each booking include VAT. Unless expressly stated otherwise, they do not include tourist taxes, travel insurance, or shipping, handling, or packaging costs.

Prices applied to each property are those published on the website and are expressed in euros. The USER acknowledges that the economic valuation of some services may vary in real time, and that prices may change daily until the booking is confirmed.

Every payment made entitles the customer to an invoice issued with consent (art. 63.3 of Royal Legislative Decree 1/2007), in the name of the registered USER or the company name provided at the time of the order. It will be issued at the end of the rental period once payment for the contracted services has been made, and can be downloaded as a PDF from the website’s management panel. To receive it by email, this must be requested, and the USER may withdraw this request at any time.

For any information regarding a booking, please contact us on 935285898 or by email at administracion@elserralhotel.com.

09 Shipping costs

There are no shipping costs.

10 Payment methods, fees, and discounts

The PROVIDER is responsible for financial transactions and offers the following payment methods:

• Bank transfer
• PayPal
• Credit card — card payments will not be accepted above [amount to be defined] €

Security measures

The website uses generally accepted industry security techniques, such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms, to prevent unauthorised access to data.

The PROVIDER undertakes not to allow any transaction that is illegal, or that could be considered by credit card brands or the acquiring bank to have the potential to damage their goodwill or reflect negatively on them. The following are prohibited under card brand programmes: the sale or offer of a product or service that does not fully comply with all applicable laws affecting the buyer, issuing bank, merchant, or cardholder.

11 Purchase process

The website features a search system with different parameters to make choosing accommodation easier. There are two types of booking:

• Instant confirmation booking: minimum price for the service as stipulated on the website. Bookings can be made online, adding any desired extra services.
• Price on request: if the price of the service is not available, the USER will be informed as soon as possible by email or phone.

Once check-in and check-out dates, guests, and extra services have been selected, the shopping cart shows only the selected services, quantity, price, and total amount, calculated with taxes, fees, and discounts applied. Shopping carts carry no administrative commitment; they are simply a way to simulate a quote with no obligation on either party.

From the shopping cart, an order is placed by following these steps:

1. Verification of billing details.
2. Verification of the booking (dates, services, etc.).
3. Selection of the payment method.
4. Placing the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER confirming that the order has been placed. Within a maximum of 24 hours (on business days), a further email will be sent to the USER confirming the status of the booking and all relevant information.

12 Dissociation and suspension or termination of the contract

If any of these terms and conditions is deemed illegal, void, or unenforceable for any reason, that provision shall be considered severable and shall not affect the validity or enforceability of the remaining provisions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, failure by the USER to comply with any obligation set out in this document or with any applicable legal provision, licence, regulation, directive, code of practice, or applicable policy. The exercise of this right shall not prejudice or affect the exercise of any other right or remedy available to the PROVIDER.

13 Warranty and refunds

The warranty on the services offered is governed by the articles of Royal Legislative Decree 1/2007, of 16 November (approving the consolidated text of the General Law for the Defence of Consumers and Users).

Conformity of services with the contract

Unless proven otherwise, services are deemed to conform to the contract provided they meet all of the following requirements:

1. They match the description provided by El Serral 523, S.L.
2. They are fit for the purposes for which services of the same type are ordinarily used.
3. They are fit for any special purpose required by the USER, where this was communicated to El Serral 523, S.L. when entering into the contract and El Serral 523, S.L. acknowledged that the service was fit for that purpose.
4. They show the quality and performance normally expected of a service of the same type that a customer could reasonably expect.
5. El Serral 523, S.L. describes the details, technical characteristics, and photographs of properties as provided by their owners, and is therefore not bound by these public statements.

Any lack of conformity resulting from a service not performed or not provided will be treated as a lack of conformity of the contract, provided responsibility for this lies with El Serral 523, S.L. Where the failure to perform or provide the service is due to negligence or improper conduct on the part of the USER, this will not be considered a failure on the part of the PROVIDER. No liability shall arise for lack of conformity that the USER was aware of, or could not reasonably have been unaware of, at the time the contract was entered into, or which originates from information provided by the USER.

Liability of El Serral 523, S.L.

The PROVIDER is liable to the USER for any lack of conformity existing at the time the accommodation is delivered, recognising the USER’s right to repair of the service, its replacement, a price reduction, or termination of the contract.

Repair and replacement

If the accommodation service does not conform to the contract, the USER may choose between requiring its repair or its replacement, unless either option proves impossible or disproportionate. Any form of remedy that imposes costs on El Serral 523, S.L. that are unreasonable compared with the alternative remedy is considered disproportionate. Repair and replacement:

• Will be free of charge to the USER.
• Will be carried out within a reasonable period and without further inconvenience to the USER.
• If, once repair has been completed, the property remains non-conforming, the USER may then require replacement, a price reduction, or termination of the contract (and vice versa if replacement fails to resolve the non-conformity).

Price reduction and termination of the contract

A price reduction or termination of the contract shall proceed, at the USER’s choice, where the USER cannot require repair or replacement, or where these have not been carried out within a reasonable period or without further inconvenience. Termination is not appropriate where the lack of conformity is minor. Any price reduction must be proportionate to the difference between the value the accommodation would have had if it had conformed to the contract, and the value it actually had at the time of delivery.

Time limits

Unless proven otherwise, delivery is understood to take place on the date shown in the booking. The USER must inform El Serral 523, S.L. of any lack of conformity as soon as they become aware of it, or at the latest by the end of the stay; unless proven otherwise, such communication shall be deemed to have taken place within the established time limit.

14 Governing law and jurisdiction

These Terms are governed and interpreted in accordance with Spanish law, in any matter not expressly provided for herein. El Serral 523, S.L. and the USER agree to submit to the courts and tribunals of the USER’s domicile for any dispute arising from the provision of the products or services covered by these Terms.

If the USER’s domicile is outside Spain, the PROVIDER and the USER expressly waive any other forum and submit to the dispute resolution body that will act as an intermediary between both parties, in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts (see the “Complaints” section).