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Article 2 APPLICABILITY
2.1. These general terms and conditions shall constitute part of all contracts concluded by GLASAJA and shall also govern the establishment of these contracts, and also quotations and tenders made by GLASAJA.
2.2 Should any provision prove void, the contract of which these general terms and conditions form part shall remain for the rest as far as possible in force and the provision in question shall be replaced in mutual consultation by a provision that approximates the original provision as closely as possible.
Article 3 ESTABLISHMENT AND IMPLEMENTATION OF THE CONTRACT
3.1 Verbal engagements shall be binding upon GLASAJA only after it has confirmed them explicitly in writing.
3.2 A contract shall be established by written confirmation of the reservation by GLASAJA. This confirmation, which will also serve as invoice, shall be deemed to be a true record of the contract, unless within four days of its dispatch objection is registered against (any part of) the confirmation.
3.3 A client who concludes a contract for one or more third parties shall be jointly and severally liable for all obligations pursuant to this contract.
3.4 Client shall provide in good time to GLASAJA all information that GLASAJA stipulates as being necessary or that the client might reasonably suppose to be necessary to the implementation of the contract, failure to do so entitling GLASAJA to postpone implementation of the contract and/or to charge to client additional costs relating thereto at the customary rates.
Article 4 PRICES
4.1 All prices published by GLASAJA are including V.A.T. unless stipulated otherwise.
4.2 GLASAJA shall impose upon concluding every contract a fixed amount for reservation costs.
Article 5 PAYMENT AND DEFAULT
5.1 The reservation costs and the down payment as agreed upon in respect of the rental price must be paid to GLASAJA within 5 days of the agreement in the currency specified on that invoice. The reservation through GLASAJA is guaranteed solely from the moment the down payment has been received. Upon receipt of the down payment, GLASAJA will send the occupant a Reservation Confirmation and other relevant information.
5.2 The occupant must pay the supplier in the currency of the supplierÕs country the balance of the invoice within 24 hours of arrival at the accommodation.
5.3 Client shall be legally in default without necessity of any notice thereof when it fails to meet (on time) its obligations to GLASAJA pursuant to this contract, and equally when GLASAJA has sufficient grounds for believing that client is unable to meet its obligations or unable to meet them on time or completely. The contract shall be deemed to be terminated on the date of default. In such case the termination provision of article 6 of these general terms and conditions shall take effect.
5.4 Should client be in default as stipulated in the previous paragraph of this article, then client shall be due from the date that the amount payable is due on demand to the date of actual payment interest on the
balance unpaid at the rate of 1% per month, whereby part of a month shall
be treated as a whole month. Client shall also be obligated to meet commercial
(non-court) collection expenses. These are 15% of the amount recovered,
with a minimum of €140,00 excluding VAT.
Article 6 CANCELLATION
6.1 The cancellation may be total or partial: a) it will be total when it affects the entire period of the agreement; b) it will be partial when it affects only some of the nights of the total agreement.
6.2 The reservation may be cancelled by the occupant, with the obligation of communicating the reasons for this cancellation to the address of GLASAJA, and with a maximum of 10 days before the first day of the reservation (the arrival date of the reserved period).
6.3 The date of reception of the written cancellation at the address of GLASAJA shall be deemed to be the date of cancellation.
6.4 In the case that the notice of the cancellation, being it partial or total, does not comply with the requirements mentioned in this article, the agreement shall be viewed as still valid, with all the consequences that this endeavours,
6.5 Occupants who cancel their reservation, being it partial or total, without complying to the requirements mentioned in this article - may it be in form (written) or in time (maximum 10 days before arrival date of occupant) - will have to pay the entire amount of the reservation made plus the reservation cost.
6.6 In the case that the supplier cancels the reserved period incorrectly, being it partial or total, he will have to pay GLASAJA the reservation cost plus the advance payment for the accommodation, being 25% of the total amount, as well as the corresponding VAT for both quantities, in concept of cancellation costs. GLASAJA will in turn, refund both quantities to the user.
6.7 In the case of a correct partial cancellation by occupant, the supplier will not have the right to any economic compensation and will only have the right to receive the corresponding amount of the days the occupant has made use of the accommodation (minimum of 3 nights), without including the reservation costs and the advance payment for the accommodation that , in any case, corresponds to GLASAJA.
6.8 In the understanding that the occupant has made a correct total cancellation of the reservation, he will pay GLASAJA the quantities corresponding to the reservation cost and the advance payment, equivalent to 25% of the total reservation including the VATīs. If the occupant has already paid these quantities, these will be retained by GLASAJA as compensation.
6.9 If it were the supplier who has made an total cancellation of the reservation incorrectly, GLASAJA will do everything possible to offer the occupant an alternative accommodation with similar characteristics; If this is found, the contract will remain valid with all consequences thereof. On the other hand, if it is impossible to find and alternative accommodation with similiar characteristics, GLASAJA will refund to the occupant the amount the occupant has already paid as advance payment and the reservation cost.
6.10 If the supplier were to make a partial cancellation of the reservation incorrectly, GLASAJA will offer the occupant the following alternatives: a) a similar accommodation for the nights inconvenienced by the cancellation, keeping the remaining nights at the original accommodation, as in accordance to agreement; b) a new accommodation with similar characteristics for the entire period of the agreement, or c) the nullification of the agreement, with the refund to the occupant of the amount the occupant has already paid as advance payment and the reservation cost. If the occupant would choose one of the first two options, there will be no economic changes from the original agreement. On the other hand, if the occupant were to cancel the reservation, GLASAJA will be legitimized to claim from the supplier the reservation cost and 25% of the total cost of the agreement (advance payment), in the concept of cancellation costs.
Article 7 TREATMENT OF ACCOMMODATION
7.1 Occupant undertakes to conduct himself as a good occupant and to employ the accommodation only for the purpose for which it is intended.
7.2 The occupant must notify GLASAJA immediately of any damage the occupant has caused to the accommodation or its contents. Occupant shall be liable both to the supplier and to GLASAJA for such damage.
7.3 The occupant is prohibited from letting the accommodation or alienating it for occupation by third parties.
Article 8 COMPLAINTS
8.1 Complaints on services provided must be reported by client to GLASAJA within 48 hours of their being detected, in order that the latter may adopt an appropriate solution.
8.2 Complaints that cannot be resolved on location to the satisfaction of client must be referred in writing to GLASAJA within one month of completion of the period of accommodation. This written notification must stipulate the date of accommodation and the reservation number.
Article 9 LIABILITY
9.1 In cases of damage sustained by client, who is not consumer in the sense stipulated in article 1, due to an act of omission, GLASAJA shall be liable solely when the damage is the result of malice or willful recklessness on the part of GLASAJA or its supervisory personnel. Client, who is not also consumer, indemnifies GLASAJA for any claims instituted by third parties.
9.2 In cases of damage sustained by client, who is also consumer in the sense stipulated in article 1, consisting of damage or loss by theft of items of client's property, GLASAJA shall, in the event that it is held liable, restrict such liability to the amount invoiced for the accommodation for the period of occupancy during which the damage was incurred. In cases of malice or willful recklessness all liability shall be excluded.
9.3 In other cases of damage sustained by client, who is also consumer in the sense stipulated in article 1, GLASAJA's liability shall be limited to the insured portion of the damage, or to that part of it that might reasonably have been insured.
Article 10 FORCE MAJEURE
10.1 During periods of force majeure the obligations of GLASAJA shall be suspended. When the period during which force majeure renders it impossible for GLASAJA to discharge its obligations lasts longer than 3 days either party is entitled to dissolve the contract without being held to any obligation to pay compensation for damages.
10.2 By force majeure shall be understood: every unforeseeable circumstance beyond the influence of GLASAJA or circumstance that might reasonably considered to be beyond its influence, which prevents GLASAJA meeting its obligations pursuant to the contract temporarily or permanently. Such circumstances include: war, war hazard, rioting or other acts of public disorder, fire, natural disasters, strikes, restrictive government measures, a general lack of the goods and services required to establish the service contracted, unforeseeable delays on the part of suppliers or other third parties on which GLASAJA depends and general transport problems.
10.3 When GLASAJA has at the onset of the incident of force majeure met in part its obligations, or is able to meet its obligations only in part it shall be entitled to invoice separately that part that has already been implemented and/or that part that it can implement and the client shall be obligated to pay this invoice as if it were a separate contract.
Article 11 DISPUTES, APPLICABLE LAW AND PERIOD OF LIMITATION
11.1 Spanish law shall govern the contract between GLASAJA and client.
11.2 The Spanish judge will be the only competent authority to resolve any conflict, even when client is established abroad and a treaty arrangement would recognize a foreign court as qualified, unless parties agree otherwise. The Vienna Sales Convention shall not apply for any disputes.
11.3 When a dispute is governed by the sole authority of the court, the court of the judicial district of Barcelona shall be solely qualified. The client, who is also consumer in the sense stipulated in article 1, shall be entitled during a period of one month from GLASAJA appealing in writing to this provision, to opt for settlement of the dispute by civil magistrate qualified by law.
11.4 Insofar as not agreed otherwise in writing all client's rights to claim shall expire one year from the date of the incident on which such claim is based.
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