Article 01.- Definitions
Article 02.- Area of application
Article 03.- Fulfilment and implementation of the
contract
Article 04.- Prices
Article 05.- Payment, delayed payment and failure to
pay
Article 06.- Use of the accommodation
Article 07.- Claims
Article 08.- Responsibility and liability
Article 09.- Force majeure
Article 10.- Disputes, right of application, payment
deadlines














Article 01.- Definitions:

The terms used in these general conditions are defined as follows:

User: Natural person or legal entity who remunerates the use of accommodation offered by the intermediate barcelonacentralflats.com for a period of 2 to 60 nights maximum.

Offerer: Natural person or legal entity who mediates for barcelonaflats.com offering the user temporary accommodation.
Client: The other contracting party. May refer to both the user and the offerer.

Consumer: Natural person not undertaking any professional activity related to the use of the accommodation, as stipulated in the Law 26/1984 of 19 July, General for the defence of consumers and users.

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Article 02.- Area of application:

02.01.- These general conditions apply to all barcelonacentralflats.com contracts, offers and services as well as all offers and services regarding any barcelonacentralflats.com activities.

02.02.- If any part of the agreement between the parties becomes null or invalid, all other parts of the contract will continue to be valid and effective and will continue in force, applying, in this case, the general conditions or supplementary clauses, to the part which has been annulled. The parties involved will be obliged to formulate a new clause which complies with legal requirements to replace the annulled clause.

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Article 03.- Fulfilment and implementation of the contract:

03.01.- The conditions of the contract will be clearly stated in written form in the contract. Any conversations prior to the acceptance of the written contract will not be legally binding.

03.02.- The contract will be formalized from the moment barcelonaflats.com sends written confirmation of the reservation. The appropriate bill will be issued along with this confirmation. Any objections or amendments the client wishes to make must be made in writing and within a maximum of four days after the issue of the confirmation.

03.03.- Clients holding a contract in the name of one or various persons, or representing one or various persons in solidum will be held legally responsible for the fulfilment of all contractual obligations regarding the current contract.

03.04.- The client will provide, with appropriate notice, barcelonacentralflats.com with all essential information, or any information that the client views as essential, which may be required to fulfil the contract. If this is not done, barcelonacentralflats.com will reserve the right to suspend the fulfilment of the contract and/or charge the client for any additional costs incurred arising from any delays suffered in accordance with the general tariffs (as stated in the general conditions).

03.05.-The contract is a seasonal contract. Please note that this application does not correspond to Paragraph 1 of Article 9 of the Law of Urban Leasing of 1994, as the contract corresponds to temporary leasing.

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Article 04.- Prices:

04.01.- All prices given by barcelonacentralflats.com include Value Added Tax (VAT) unless otherwise stated.

04.02.- When the contract is formalized, barcelonacentralflats.com will charge a fixed amount for the costs of the reservation (25% of the total cost of the stay).

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Article 05.- Payment, delayed payment and failure to pay:

05.01.- The costs of the reservation, 25% of the total cost of the stay, should be paid to barcelonacentralflats.com This quantity will be charged to the credit card used by the user in the form ‘Prices and reservation’. The currency used will be the euro. The reservation will only be guaranteed once the above-mentioned payment has been made. Once the payment has been received, the confirmation of the reservation will be issued along with any other relevant information.

05.02.- The outstanding balance will be paid by the user in euros. This amount will be handed over, in cash, to the representative of barcelonacentralflats.com on arrival at the apartment. All payments will be paid in advance, i.e. the keys to the apartment will only be handed over on receipt of the outstanding balance.

05.03.- In the event of the client not fulfilling the obligations made to barcelonacentralflats.com according to the contract, or if barcelonacentralflats.com has a reasonable basis to believe that the client will not fulfil the contractual obligations, or if the obligations are not fulfilled opportunely or completely, the client will incur debts. The contract is considered cancelled from the date of the non-payment. In this case the arrangements laid out in point 5.4 of the general conditions will apply.

05.04.- Once the client becomes indebted to barcelonacentralflats.com., as specified in the previous paragraph of this article, interest at 1% per month on the outstanding debt will be charged to the client, considering any part of a month as one complete month, from the date of the demand for payment of the debt until the moment of payment of the debt. Additionally, the client will be liable for any legal costs incurred. These legal costs may rise to a total 15% of the amount owed, calculating a minimum amount of 140 euros excluding VAT.

05.05.- If the leasing party leaves the accommodation before the period of the lease is completed, the leasing party will lose the amount paid for the complete period of the lease.

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Article 06.- Use of the accommodation:

06.01.- The user is obliged to comply in good faith regarding the use of the property, treating it with prudence, diligence and care and using the accommodation according to the agreed purpose.

06.02.- In the event of damage to the property or its contents, the user is obliged to notify barcelonacentralflats.com and will be held liable for this damage by both the offerer and barcelonacentralflats.com.

06.03.- It is absolutely forbidden to subrogate, sublet or offer the apartment, partially or wholly, in any way, to any other person, other than the person with whom the contract has been agreed.

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Article 07.- Claims:

07.01.- Any claims regarding the services provided must be made by the client to barcelonacentralflats.com within 48 hours of the reason for the claim becoming apparent, to allow an appropriate solution to be found and the situation to be resolved.

07.02.- Any claims which cannot be resolved to the client’s satisfaction at the time of the claim being made, must be presented in writing to barcelonacentralflats.com within one month of the end of the leasing period. The date of the stay and the reservation number must be clearly stated in this claim.

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Article 08.- Responsibility and liability:

08.01.- barcelonacentralflats.com accepts no responsibility for the safety of the tenants nor for any injuries they may incur during their stay.

08.02.- barcelonacentralflats.com accepts no responsibility whatsoever in the event of theft or possible damage incurred relating to either the property or its contents during the client /user’s stay.

08.03.- The client / user will be held legally responsible for any theft / damage suffered by the property or its contents during the leasing period. In the event of damage / theft barceloncentralflats.com reserves the right to charge the credit card of the client the amount required to repair the damage or replace the goods as necessary.

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Article 09.- Force majeure:

09.01.- In the event of a force majeure, the obligations of barcelonacentralflats.com. will be suspended. If barcelonacentralflats.com is unable to fulfil its obligations due to a force majeure for a period of more than 3 days, both parties will be authorized to resolve the contract, with neither party considered liable for damages.

09.02.- Force majeure is defined as following: any circumstance which is beyond the control of barcelonacentralflats.com or that logically cannot be foreseen, which prevents barcelonacentralflats.com from fulfilling its contractual obligations, temporarily or permanently. Such circumstances may include: war, threat of war, public disturbances, fire, natural disasters, strikes, restrictive administrative measures, a general lack of supplies or services necessary to fulfil the contract, an unforeseen inability to provide the service on the part of the service provider or third parties on which barcelonacentralflats.com depends and general transportation problems.

09.03.- If, due to the force majeure, barcelonacentralflats.com has already partially fulfilled its obligations, or is able to only partially fulfil its obligations, it will reserve the right to charge the client for the part of the contract already fulfilled, or which will be fulfilled, and the client will be obliged to pay for these services which have been partially leased as they correspond to a partial fulfilment of the contract.

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Article 10.- Disputes, right of application, payment deadlines:

10.01.- Spanish law will be applied to the contract agreed between barcelonacentralflats.com and the client.

10.02.- A Spanish judge, and only a Spanish judge, will assume the responsibility for resolving any legal disputes, even if the client resides in another country and wishes to present another competent foreign judge, unless the parties involved have agreed otherwise. The Vienna Trade Agreement will not be applied to any legal disputes.

10.03.- If any dispute falls under the competence of, and thus may be resolved by, the district court, the hearing will take place at the district court of Barcelona. The client, acting as the consumer as stipulated in article 1, will have the right to opt for the resolution of the dispute by a competent civil judge by virtue of the law, within one month after remitting XXXXX to the present clause.

10.04.- Unless otherwise explicitly stated in written form, any right to make a claim will become invalid after one year has passed from the moment of the incident (with respect to which the claim is being made) taking place.

10.05.- It should be noted that no automatic prolongation of the initial contract will be made or considered under any circumstances. If at the end of the contract both parties wish to renew the contract, a new contract will be negotiated. The previous contract will be considered invalid, null and void once the leasing period agreed in the contract has expired.

10.06.- Applicable legislation: due to the special nature of leasing contracts for temporary accommodation, the parties involved will respect the conditions of the contract, and in the event of default, will be obliged to respect the rules and regulations regarding the specific leasing of accommodation contained in the Law of Urban Leasing of 24 November, 1994 and the requirements of the Civil Code.

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