1. In compliance with Article 10 of the Information Society and e-Commerce Services Act 34/2002 (hereinafter LSSI) of 11 July, we hereby indicate:
Website owner: MY BED, SL (hereinafter “CASA BONAY”).
Address: C/ Bonaplata 51, entresuelo 3ª
Postcode: 08021 – Barcelona.
Tax ID: B66093964
Company listed on the Trade Register of Barcelona under Volume 43895, Folio 134, Inscription 1 on Page 441225 08/08/2013. HB-004703
2. Copyright and Content Responsibility.
- Any use of the contents of the CASA BONAY website is forbidden, more specifically regarding texts, design, works, brand names, logos, source code and any other protected item, without the express authorisation of its owners, except where contents can be shared, if authorised by CASA BONAY.
Any unpermitted use shall be duly prosecuted by the legitimate owners. Furthermore, all trade names, brands or distinctive symbols of any type contained in the CASA BONAY website are protected by law.
- CASA BONAY is not responsible for the contents accessed through the links located on the website, where applicable, pursuant to Article 17 of the LSSI.
- CASA BONAY grants no type of licence or authorisation for personal use by Users regarding its intellectual and industrial property rights or any other right related to the website owned by CASA BONAY and the services offered therein.
Therefore, Users acknowledge that the reproduction, distribution, sale, transformation and, in general, any form of use through any procedure of all or part of the contents of this website constitutes a breach of the intellectual and/or industrial property rights of CASA BONAY or of the holder thereof and may lead to CASA BONAY taking any corresponding legal or extrajudicial action with regards to the exercising of its rights. Moreover, the information to which Users have access via the CASA BONAY website may be protected by industrial or intellectual property rights or those of any other kind. As a result, CASA BONAY shall under no circumstance be held responsible for breaches by Users in relation to these rights.
4. Applicable Legislation and Competent Jurisdiction.
This legal policy is subject to the provisions of Spanish law. Any conflict arising from the interpreting thereof shall be subject to the jurisdiction of the Courts of the city of Barcelona, unless it is contrary to the provisions of Article 29 of the LSSI.
5. Conditions of Use.
Users agree to use the website, the contents and services according to Law, this Disclaimer, good conduct and public order. Likewise, User must not use the website, its contents or services provided through it for illegal purposes or effects that are contrary to this legal policy or that jeopardise the interests or rights of others or that, in any other manner, may damage, render useless, make inaccessible or jeopardise the website, its contents or its services or hinder the normal use thereof by other users.
Users also expressly agree not to destroy, alter, render useless or, in any other manner, damage the data, programs or electronic documents found on the website.
6. Specific Conditions.
This Disclaimer is applicable to any User accessing the website owned by CASA BONAY. Users providing their personal details for any of the functions of the CASA BONAY website must accept the Non-Disclosure Policy and those contracting any of the services must expressly accept the General Contract Conditions.
- MY BED, S.L. (hereinafter “CASA BONAY”) informs users that it respects current law regarding data protection, the privacy of users and the secrecy and security of data, and has adopted the technical and organisational means required to avoid the loss, misuse, alteration, unauthorised access and theft of the personal details provided, given the state of technology, the nature of the data and the risks to which they are exposed.
- The services, access to contents and range of products on this website are exclusively aimed at individuals over the age of 18 and, therefore, anyone providing his/her personal details declares to be of this age. The use of www.casabonay.com and the provision of personal details by the under-aged is forbidden.
- CASA BONAY shall process the data confidentially according to the quality principles required by the Spanish Data Protection Act 15/1999 of 13th December, using the security measures required by Royal Decree 1720/2007 of 21st December approving implementation of the Spanish Data Protection Act 15/1999 of 13th December.
- The personal details provided on the website shall be recorded in a file held by CASA BONAY, which is duly declared and listed in the General Data Protection Registry in order to provide the services offered and to send offers of products and services by any means, including by e-mail, to improve the commercial relationship and to deal with any requests made by our customers. Where the processing of User details for commercial notification purposes is not authorised, this must be communicated by sending an e-mail to firstname.lastname@example.org
- By merely sending his/her personal details to CASA BONAY, the user is giving his/her authorisation for them to be included in the file and processed.
- Users may revoke the authorisation given, with no retroactive effects, and may exercise their right to access, amend, cancel and oppose in writing, enclosing a copy of their national identity document or other identity document to MY BED, SL at C/ Bonaplata 51, entresuelo 3ª CP: 08021 – Barcelona.
- The user guarantees that the personal details given to CASA BONAY are true and is responsible for notifying of any modification to them so that they respond to his/her current situation at all times.
- Any queries or comments on the way in which CASA BONAY uses the details of its users can be sent to email@example.com
General Contract Conditions
This document sets forth the general conditions regarding the contractual relationship involving the intermediation in the contracting of services offered by event organisers from this website, which is owned and held by MY BED, SL, (hereinafter “CASA BONAY”), with registered offices at C/ Bonaplata 51, entresuelo 3ª B CP: 08021 – Barcelona, listed on the Trade Register of Barcelona under Volume 43895, Folio 134, Inscription 1 on Page 441225 08/08/2013, with Tax ID: B66093964 and the individuals and/or legal entities (hereinafter “CONTRACTING PARTY”) declaring their desire contract said services through a request made over the internet via this website.
By way of this website, CASA BONAY provides CONTRACTING PARTIES with a range of tourist accommodation located at Gran Vía de les Corts Catalanes 700 in Barcelona. Where the room selected by the CONTRACTING PARTY is available for the required dates and provided that the CONTRACTING PARTY successfully completes the registration and payment process, it shall be entitled to use the accommodation and the other services available at CASA BONAY, pursuant to the rules of residence indicated by CASA BONAY, where applicable.
The requests for reservations by the CONTRACTING PARTY constitute the specific conditions to which these general conditions are associated and that the CONTRACTING PARTY must accept online prior to contracting the service. The CONTRACTING PARTY is provided with these conditions through this same website so that they can be read, printed, filed and accepted. These general conditions and the request for specific services made by the CONTRACTING PARTY involve the execution of the service provision contract between CASA BONAY and the CONTRACTING PARTY, who declares to have read, understood and accepted these conditions. The CONTRACTING PARTY may always consult these general conditions on this website.
ONE.- APPLICABLE LAW.
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Consumer and User Defence Act and other additional laws, the Data Protection Act 15/1999 of 13 December, the Information Society and e-Commerce Services Act 34/2002 of 11 July and Decree 159/2012 of 20 November on tourist accommodation establishments and housing for use by tourists.
TWO.- PURPOSE OF THE CONTRACT.
CASA BONAY hereby agrees to provide the CONTRACTING PARTY with the services requested via the website in exchange for a certain price.
By purchasing the services available on this website, the CONTRACTING PARTY declares that:
a) He/she is of legal age and has sufficient capacity to enter into this contract. b) He/she has read and understood and accepts these General Contractual Conditions.
THREE. -AMENDMENT OF THE GENERAL CONDITIONS.
CASA BONAY reserves the right to amend these General Conditions at any time without having to previously notify the CONTRACTING PARTY who, on all accounts, is responsible for reviewing them prior to contracting any service available on this website. The General Conditions provided on the website when the CONTRACTING PARTY contracts the corresponding services shall be considered valid and applicable.
FOUR.- RIGHTS AND OBLIGATIONS OF CASA BONAY.
4.1. CASA BONAY responsibility. Under no circumstances shall it be responsible for:
4.1.1. Any errors or delays by the CONTRACTING PARTY in entering data on the booking form or any abnormality that may arise when these incidents are due to problems with the internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency not attributable to the good faith of the company. On all accounts, CASA BONAY agrees to solve any problems that may arise and to offer all necessary support to the CONTRACTING PARTY to find a rapid and satisfactory solution to the incident.
4.1.2. Any errors or damages produced due to inefficient and negligent use of the service by the CONTRACTING PARTY.
4.1.3. The inoperability or problems with the e-mail address provided by the CONTRACTING PARTY to which order confirmation is to be sent.
4.2 Exclusion to the right to return goods:
Pursuant to the provisions of Art. 103 L of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Consumer and User Defence Act and other additional laws, the right to return goods is expressly excluded because the service consists of the supply of accommodation services for a purpose other than that of acting as a dwelling and because the booking includes a specific date or period for accommodation.
FIVE.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY.
5.1. Payment.- The CONTRACTING PARTY agrees to pay the total sum of the Product requested in advance, in the following amount and manner:
5.1.1. Amount.- Remuneration for the services effectively requested by the CONTRACTING PARTY shall be that indicated on the website and that provided in the specific request by the CONTRACTING PARTY at all times. These requests shall constitute the specific conditions of the particular order. The prices of services displayed on the website include VAT, which shall be calculated at the time of placing the order, where applicable.
5.1.2. Methods of payment.- The CONTRACTING PARTY must pay the amount corresponding to his/her order by:
- Credit card: By entering his/her details into the virtual POS terminal on the website. On accepting this method of payment, the CONTRACTING PARTY confirms that he/she is authorised to use the card provided for the purpose and is the holder of the same. Credit card payments are subject to that established in the payment services act 16/2009 of 13th November, particularly with regards to payment orders and conditions for their revocation.
- PayPal: for which the CONTRACTING PARTY declares to have an active account with said payment service provider and to accept the conditions of said service.
- Bank transfer: for which the CONTRACTING PARTY must send an e-mail to indicar email expressly requesting as such.
5.1.3 Consequences of cancelling a booking:
Where bookings are cancelled 10 days prior to arrival at the establishment, CASA BONAY shall provide the CONTRACTING PARTY with a full refund of all expenses related to the booking.
Where bookings are cancelled within the 10 days prior to arrival at the establishment, the refund shall be subject to the following conditions:
- In the case of bookings for 2 days or less, a 50% penalty on the total price of the booking shall be applied.
- In the case of bookings for between 3 and 7 days, a 35% penalty on the total price of the booking shall be applied.
- In the case of bookings for over 7 days, a 25% penalty on the total price of the booking shall be applied.
The above penalties shall not apply in the case of force majeure preventing the CONTRACTING PARTY from enjoying his/her booking for reasons not attributable to him/her.
6.1.- CASA BONAY shall under no circumstances be liable for:
6.1.1.- Any faults and incidents that may arise in the communications, deletion or incomplete transmissions that mean that the permanent operations of the website services cannot be guaranteed.
6.1.2.- Any type of damage that the CONTRACTING PARTY or third parties may cause to the website.
6.2.- CASA BONAY reserves the right to discretionally suspend access without prior notification either definitively or temporarily until effective responsibility for the damages that may arise can be ensured.
CASA BONAY shall also cooperate with and notify the appropriate authorities of these incidents as soon as it has reliable knowledge that the damage caused constitutes some kind of illegal activity.
CASA BONAY indicates that the contents, programming and design of this website are fully protected by copyright and any reproduction, communication, distribution and transformation of said protected elements is forbidden except where expressly authorised by CASA BONAY. CASA BONAY may establish links or hyperlinks to articles or information by third parties, provided the source is quoted. The legitimate owner of the copyright on the information included in this manner may request the elimination of said references at any time.
EIGHT.- COMPETENT JURISDICTION AND APPLICABLE LAW.
These general conditions are governed by Spanish law. To determine the location of the contract subject to these General Conditions, that established in Article 29 of the Information Society and e-Commerce services act 34/2002 of 11th July shall apply.
NINE.- NULLITY OF CLAUSES.
Where any clause of these General Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in accordance with the wishes of the parties and the purpose of these conditions.
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