WEBSITE TERMS AND CONDITIONS
IDENTIFICATION DATA
In compliance with the duty to inform contained in Article 10 of Spanish Law 34/2002, of July 11th, Services of the Information Society and Electronic Commerce, the following data is shown below: "CANELA COSY HOMES, S.L" is the owner and manages this webpage, with address at Gran de Gracia 15, 2- 1, 08012 Barcelona , with Tax ID (CIF, Spanish Acronym) number: B09918350, registered in the Mercantile Registry of Barcelona at volume 48237, folio 18, sheet B-576980, inscription 1st. Contact email: info@canela.homes.The information contained in canela.homes constitutes an information service of the various services and products offered by "CANELA COSY HOMES, S.L" a company dedicated to the rental and booking of touristic apartments, either seasonal or business, and where access to contents of the sector of various kinds is offered.
ACCEPTANCE OF TERMS OF USE
Access to the Web canela.homes requires the acceptance of the terms of use, policy and legal notice currently in force in this Web Page without prior notice, unless there are substantial variations. The fact of browsing or using this support, along with the marking of the check-ins in the different forms, suppose the unambiguous acceptance of these, when contact details are provided.
INTELLECTUAL PROPERTY
The source code, graphic designs, images, photographs, animations, software, texts, as well as the information and contents that are collected in canela.homes are protected by the Spanish legislation on the rights of intellectual and industrial property in favor of "CANELA COSY HOMES, S.L", and it is not allowed the total or partial reproduction of this Webpage, neither the computer processing, public communication, distribution, dissemination, modification, transformation nor decompiling, without the owner´s prior permission in writing, "CANELA COSY HOMES, S.L" in accordance with the provisions of articles 8 and 32, second paragraph of the Intellectual Property Law.
The user, only and exclusively may use the material that appears on this Webpage for personal and private use, being prohibited its use for commercial purposes or to engage in illicit activities. All rights derived from intellectual property are explicitly reserved to "CANELA COSY HOMES, S.L".
"CANELA COSY HOMES, S.L" will ensure compliance with the above mentioned conditions and for the proper use of the contents presented on its website, taking all legal actions, whether small or penal claims, or both, in accordance with the type of infringement or breach of these rights by the user .
PERSONAL DATA PROTECTION
Access to the Webpage or its use does not imply personal data of the user is collected by "CANELA COSY HOMES, S.L". However, it is reported that, in the event that "CANELA COSY HOMES, S.L" requests personal data, the consent will be duly collected and the user will be duly informed in accordance with the provisions of article 13 of the European Regulation 2016/679 of April 27th (GDPR), Protection of Personal Data. (Contact forms or any request for services).
The Personal Data collected in the information request forms of "CANELA COSY HOMES, S.L" will be subject to mixed treatment and will be incorporated into the corresponding files, of which "CANELA COSY HOMES, S.L" has the ownership. Collection and mixed treatment of the Personal Data is to maintain the relationship, as the case may be, with "CANELA COSY HOMES, S.L", as well as the management, administration, information, provision and improvement of the services provided that the user decides to request or contract.
"CANELA COSY HOMES, S.L" assumes no responsibility for the falsity of the information
provided, and can take action in case. "CANELA COSY HOMES, S.L" has taken the necessary technical and organizational measures to guarantee the security of the data and to prevent its alteration, loss, treatment or unauthorized access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment. The technical and organizational measures that aim to achieve the basic security objectives will be adopted, such as: confidentiality, understood as the limitation of access to information by unauthorized persons; integrity, understood as the maintenance of reliable and quality information, and availability, understood as the guarantee of access to the Information System by the request of an authorized user.
The corporation does not make any data cession with your information currently. Depending the case, any possible data cession will be covered by the mandatory compliance with the legislation or explicit consent. (See privacy policy detail). Finally, "CANELA COSY HOMES, S.L" can send emails and include you into the newsletter showing information that may be of your interest, requesting specific consent for this purpose. In the privacy policy, a document that complements this current one, the treatments and purposes of the data that you can provide us are detailed.
COOKIES
Cookies are small files that our computer transmits to yours, but that does not provide us with information about your name or any other personal data. The use of cookies on the Website "CANELA COSY HOMES, S.L" is limited solely and exclusively for the purposes of operation, security and statistics. The cookies we use can neither read data from your computer nor read cookies in your computer from other websites. You can set your browser to warn you on screen that you will receive a cookie. If the user decides not to receive these cookies, still will have access to the information on the page canela.homes
LIMITATION OF RESPONSIBILITY
"CANELA COSY HOMES, S.L" is not responsible for any damages or losses that may occur as a result of the use of the contents of the Webpage, being the sole responsibility of the user that accesses these contents.
In the same way, "CANELA COSY HOMES, S.L" is not responsible for the possible damages that may arise from the use of an outdated or defective version of the browser, interruptions in the connection that occur during the transmission of data, computer viruses, breakdowns or disconnections in the operation of the telematic system, blockages caused by flaws or overloads of telephone lines, as well as damages caused by third parties through unauthorized interference.
The Websites of "CANELA COSY HOMES, S.L" contain links to other Web Pages that may be of interest to users. "CANELA COSY HOMES, S.L" takes no responsibility for these links, and can not guarantee compliance with appropriate Privacy Policies, therefore the user accesses the content of the aforementioned Web Pages under the conditions of use set out therein and under responsibility of the user. "CANELA COSY HOMES, S.L" does not take responsibility for the breach of any applicable rule that the user may incur when accessing the Web canela.homes and / or in the use of the information contained therein.
"CANELA COSY HOMES, S.L" reserves the right to interrupt or deny discretionally, at any time and without prior notice, the access of any user to restricted content, when any of the circumstances described take place.
LINKS
All links, hypertext, deep, framing or any other type of virtual connection through telecommunication networks from any website to our Web Pages, must be requested and authorized in advance and in writing by "CANELA COSY HOMES, S.L", and failing that, the links established from external websites must be made from their own homepages. The only purpose to link our web to third-party websites is for guidance purposes, and to make available to the user other sources of information that may be of interés.
"CANELA COSY HOMES, S.L" seeks to periodically review on the content of external links. However, it is impossible to know at any time the specific content of the proposed links. Derived from this, we request the collaboration of any user who accesses the aforementioned contents in the event that their contents may be contrary to current legislation, morality or public order, reporting this to the following email info@canela.homes.
"CANELA COSY HOMES, S.L", uses social networks to promote products, events and services of their own, and to reach as many recipients as possible, but the conditions of participation are those established by the same social network. Furthermore, any request for the provision of services implies acceptance of the conditions of the legal notice and privacy policy.
RESPONSIBILITY
In short, the user is solely responsible for the use made of the services, content, links and hypertexts included in the Webpage canela.homes.
PRIVACY POLICY
The Personal Data collected through the different forms of the Webpage are subject to the terms included in our Privacy Policy.
RESERVATION
"CANELA COSY HOMES, S.L" reserves the right at any time, without prior notice, to make modifications and updates to the information contained in its Websites or in its configuration and presentation. Likewise, it reserves the right to suspend temporarily, and without prior notice, access to the Website for reasons of eventual need and to carry out maintenance, repair or improvement operations."CANELA COSY HOMES, S.L" reserves the right to include or withdraw all or part of its Website, any information at its sole discretion.
APPLICABLE LAW AND PLACE OF JURISDICTION
For all those issues that may arise for the purpose of interpretation, execution or eventual breach of these terms of use, users, waiving their own jurisdiction, and regardless of the place where any dispute arises, shall be expressly submitted to the competence and jurisdiction of the courts and tribunals of Barcelona. The present conditions will be governed, in any case, by Spanish legislation.
© 2023 - "CANELA COSY HOMES, S.L"
All rights reserved
BOOKING TERMS AND CONDITIONS
Scope:
These general conditions apply to all bookings made through this website or directly with Canela Cosy Homes, S.L. (hereinafter simply referred to as “Canela Cosy Homes”).
Contractual Relationship:
Bookings have the nature of an accommodation contract.
The parties to the contract are Canela Cosy Homes and the customer (guest or third party).
If a third party has made the booking for the customer, such third party is liable towards Canela Cosy Homes together with the customer as joint and several debtors for all obligations arising from the accommodation contract.
The person making a booking must be at least 18 years old. Minors traveling alone may neither book nor stay in Canela Cosy Homes accommodations,
Bookings:
By requesting the booking, the customer accepts these Conditions and any other provisions established during the booking process.
The accommodation contract becomes effective when Canela Cosy Homes accepts the customer’s booking request by means of the respective booking confirmation and the customer has guaranteed it, except for seasonal homes for which a specific lease agreement for seasonal use must be signed.
In order to ensure communication with the customer, Canela Cosy Homes requests from the customer their email address and telephone number. To verify the customer’s identity, during digital check-in, Canela Cosy Homes is entitled to request a valid identification document (ID or passport from Spanish customers; passport from foreign customers) and valid credit card information.
If a customer’s identity cannot be confirmed due to lack of documents or incorrect documents, Canela Cosy Homes has the right not to confirm or to cancel the booking.
In order to avoid fraudulent bookings, Canela Cosy Homes uses software solutions that use the requested data (email address, home address, telephone number, credit card etc.) to determine the so-called "fraud prevention score" for each customer and to identify fraudulent bookings. If the software detects such a booking, Canela Cosy Homes reserves the right not to confirm or to cancel the booking.
Price:
The price of the accommodation is indicated by Canela Cosy Homes in the booking confirmation. Applicable prices are total prices including all charges (VAT) and cleaning fee (on departure). Local charges, such as tourist tax, are NOT included and must be paid by the customer himself at the time of check-in in accordance with the respective local legislation.
Canela Cosy Homes reserves the right to adjust prices in the event of changes to tax rates, fees, and levies, as well as upon the effective imposition of new taxes, fees, and levies previously unknown to the parties.
Payment Terms:
The price of the entire booked accommodation service must always be paid in advance by the customer.
Any compensation claimed by the customer is excluded, unless such claim has been accepted by Canela Cosy Homes.
Valid payment methods are MasterCard, Visa Card, China Union Pay, Diners Club, Discover Card, PayPal, Apple Pay and Google Pay. Payment may also be made by instant bank transfer. Cash payments are excluded.
Should expenses occur after the advance payment, such as for the usage of additional services or due to the failure to comply with the General Conditions, in particular contractual penalties, Canela Cosy Homes reserves the right to charge the corresponding amounts to the payment method initially used.
Canela Cosy Homes invoices with no due date are payable immediately upon receipt, without any deduction.
Check-in and Check-out Conditions:
Check-in time starts at 5:00 PM. At that time you must show your passports or identity documents and pay the tourist tax to the person who welcomes you.
Arrivals after the following hours are subject to an additional cost payable in cash at the time of arrival:
After: 8:00 PM: € 20
After: 10:00 PM: € 30
After: 12:00 AM: € 50
There is no contractual right to early check-in.
Check-out is at 11:00 AM. If the customer fails to vacate the accommodation by 11:00 AM, Canela Cosy Homes may charge 100% of the full daily rate (list price) due to late departure and excessive use of the contract until 2:00 PM hours and 200% thereafter. These charges do NOT grant the right to spend the night and use the unit after 11:00 AM.
Unless otherwise agreed, on the agreed day of departure, the provided keys and, where applicable, code cards must be returned to Canela Cosy Homes or to a third party appointed by Canela Cosy Homes, or, if agreed, left inside the accommodation. In the unfortunate event a set of keys is lost, we charge € 120 per set, or € 300 to replace the door locks (at the discretion of Canela Cosy Homes) and, therefore, ensure that the apartment is safe for the next customers.
Canela Cosy Homes will store objects found in the accommodation after check-out for a period of 15 days. If the customer fails to claim them within such period, they will be considered abandoned objects. Canela Cosy Homes will then decide on their use. Canela Cosy Homes is exempt from any responsibility regarding this type of objects, such as their custody.
Accommodation Services
Accommodations for tourist use have an assistance and maintenance telephone through which Canela Cosy Homes can be contacted 24/7 to answer and solve queries and incidents related to the accommodation immediately. There is also an assistance and maintenance service for the house.
The accommodation equipment and services offered at each property correspond to Canela Cosy Homes’ standards and may differ from the country-specific criteria regarding the standard classification system.
Canela Cosy Homes will provide the customer with internet access within the framework of existing technical and operational possibilities. Interruptions, for example due to force majeure, maintenance measures or the like, cannot be excluded.
The customer must not misuse the internet connection. Misuse is in particular characterized in the following cases: downloading and distribution of copyrighted content through peer-to-peer exchange platforms, illegal streaming offers, as well as the publication, retrieval or transmission of content with criminal relevance. The customer is obliged to respect third parties’ copyright, patent rights, name rights, trademark rights and personal rights when using content. The customer shall indemnify Canela Cosy Homes, at first request, for all third-party damage claims and for legal defense fees in an appropriate amount, where such damage has been caused by the illegal use of the internet connection by the customer or by third parties with the knowledge of the customer. Such compensation claims include, in particular, claims arising from infringement of copyright, patent rights, name rights, trademark rights and personal rights, as well as violations of data protection laws.
The customer may not transfer internet connection access data to third parties. In case of a breach, the customer shall be liable towards Canela Cosy Homes for any damage caused by the access data transfer.
Canela Cosy Homes also reserves the right to block the customer’s internet connection in case of legal violations.
Conditions of Use of the Accommodation and Rules of Coexistence
Night rest is from 9:00 PM to 9:00 AM, so excessive noise should be avoided during such time, and neighbors or any other customers in the building should not be disturbed.
To ensure a positive experience for all our customers, we have installed Roomonitor (a decibel detection system). If anybody fails to respect this rule and causes constant noise, our Roomonitor team will intervene.
Roomonitor is part of WeRespect, the initiative that promotes sustainable tourism with care for the environment and for coexistence with neighbors.
Parties and noises that cause inconvenience to third parties from inside the accommodation and common areas are prohibited.
Smoking is prohibited inside the accommodation.
Pets are not allowed.
The customer undertakes to treat carefully the rented accommodation, the furniture, as well as rooms, equipment and facilities intended for common use and to ensure adequate ventilation and heating.
The customer further undertakes, when settling in the accommodation, to check the integrity and suitability of the facilities for use and to immediately notify Canela Cosy Homes of any complaint.
Access to the accommodation is restricted to registered customers. Customers’ guests may only access the rented accommodation with the express and prior authorization by Canela Cosy Homes.
Customers assume full responsibility for any accident, injury, illness, loss or theft that occurs while in the accommodation and its common areas.
Damage deposit
The client must block the amount indicated on this website as a deposit, once the reservation has been confirmed by Canela Homes. Said deposit will be formalized by blocking the bank card through the Swilky system. Failure to formalize this deposit within the indicated period will result in the cancellation of the reservation.
Any damage caused to the accommodation, to the common elements of the building where the accommodation is located or to the furniture within said accommodation that requires repair or replacement, will be reviewed at the end of the stay, and any resulting costs will be deducted from the deposit. Any penalty imposed on the accommodation and resulting from the client's stay and the damages caused by the cases of eviction of the accommodation, as well as the loss of income due to the resulting impossibility of being able to reserve the accommodation, will also be deducted from the deposit.
If the deposit is not sufficient to cover the damages resulting from the client's stay, a legal claim will be made.
Applicable deposit: 750.00 EUR per stay.
This deposit will be returned 5 business days after the end of the reservation, as long as the apartment is in the same conditions in which it was received.
Cancellation, Modification and Refund Policy:
A booking is guaranteed when payment has been received from the customer for the booking accepted by Canela Cosy Homes and the required deposit has been made. A guaranteed booking can be canceled free of charge by the customer providing the booking number, in accordance with the cancellation conditions indicated. The customer’s right to cancel expires if it has not been exercised towards Canela Cosy Homes by the agreed date.
If the cancellation is made more than 60 days before the start of the stay, 100% of the price of the accommodation will be refunded.
If the cancellation is made between 59 and 8 days before the start of the stay, 50% of the price of the accommodation will be refunded.
If the cancellation is made 7 days or less before the start of the stay, no refund will be paid.
The same applies in the event the customer does not show up, or if he leaves earlier than agreed. In case of guaranteed multi-day booking, all subsequent nights, including the second, are canceled if the customer does not show up. In that case, the customer is not entitled to stay the following nights.
Once the booking is confirmed, any modification requested will be subject to the prior approval of Canela Cosy Homes.
Refunds cannot be made for reductions in previously guaranteed stays.
Sublease
The sublease and/or subsequent brokering of a reserved accommodation is prohibited. In particular, subletting accommodation and/or accommodation parts to third parties at prices higher than the actual accommodation price is prohibited. Nor may the credit towards Canela Cosy Homes may be transferred or sold. In such cases, Canela Cosy Homes is entitled to cancel the booking, in particular if the customer has made false statements to the third party about the type of booking or payment at the time of the transfer/sale.
The sublease of the accommodation provided, its use for purposes other than accommodation and the use of space outside the rented homes for advertising, job interviews, sales and similar events also require the prior express written consent of Canela Cosy Homes.
The use of the accommodation by the customer for any purpose other than accommodation, in particular any commercial use, is prohibited.
Vacating the Accommodation
A customer of an accommodation who violates the basic rules of coexistence and specifically those established as conditions of use of the accommodations and rules of coexistence of these General Conditions, the rules of hygiene and health or fails to comply with municipal regulations of Barcelona issued for such purpose shall immediately vacate the accommodation, without the right to have the price or deposit refunded. In such cases, the accommodation contract will be automatically terminated.
In this case, Canela Cosy Homes will be entitled to damages that applicable by law and may use the security deposit for such purpose.
Liability of Canela Cosy Homes
Canela Cosy Homes will not be liable for damage resulting from death, bodily injuries, health complications, or other damage resulting from the intentional or grossly negligent breach of its obligations. In the case of simple negligence, the liability of Canela Cosy Homes is limited to the foreseeable damage typical of the contract, if a duty is violated the performance of which would be essential for the proper performance of the accommodation contract and on the observance of which you as a customer can regularly rely (fundamental obligation). A breach of duty by Canela Cosy Homes’ legal representatives, employees or executive assistants is equivalent to a breach of duty by Canela Cosy Homes. Other claims for damages are excluded, unless otherwise regulated in these General Conditions.
In the event of failures or defects in the services of Canela Cosy Homes, Canela Cosy Homes shall endeavor to correct them as soon as it becomes aware of them or immediately after notification by the customer. The customer is obliged to reasonably contribute to remedy the disturbance and to ensure that potential damage is minimal. In addition, the customer is obliged to immediately inform Canela Cosy Homes of the possibility of extraordinary damages.
Canela Cosy Homes is NOT responsible for objects introduced to the accommodation, such as money and valuables. Losses due to damage, theft or loss of such assets shall be borne by the customer.
Termination of the Accommodation Contract
Canela Cosy Homes is entitled to cancel or terminate the accommodation contract for cause. Cause shall be deemed, in particular, if (i) force majeure or other circumstances beyond Canela Cosy Homes’ control make it impossible to perform the accommodation contract, (ii) the accommodation is booked with misleading or false information or the concealment of essential facts; (iii) Canela Cosy Homes has reason to believe that the use of the service may endanger the proper functioning of the economic operations, safety or public reputation of Canela Cosy Homes and its accommodations, without that this would have to be attributable to the controller or the responsible party; (iv) the purpose or cause of the stay is illegal; or (vi) cause is also deemed if the customer otherwise violates the General Conditions.
Canela Cosy Homes must immediately inform the customer of the exercise of its right of termination or, as applicable, of cancellation.
If Canela Cosy Homes cancels or terminates the contract due to a circumstance for which the customer is responsible or for any of the reasons stated in these General Conditions, Canela Cosy Homes is also entitled to cancel or reject future bookings of that customer, even if these have already been confirmed by Canela Cosy Homes.
In the event of a cancellation or termination of the accommodation with cause, the customer will NOT be entitled to compensation.
Canela Cosy Homes does not assume any responsibility if the defect during the stay in the accommodation is attributed to the following causes:
intentional actions or omissions by the customer or accompanying persons;
unforeseeable or unavoidable non-compliance of third parties who are not involved in the provision of contractual services;
unavoidable and extraordinary circumstances.
Data Protection
More information can be found in the privacy policy of Canela Cosy Homes at https://canelahomes.kross.travel/privacy-policy
Final Provisions
Amendments and additions, as well as the termination of the accommodation contract, the acceptance of the request or these General Conditions must be made in writing. This also applies to the annulment of this clause in writing. Unilateral changes or additions by the customer are invalid.
The venue of service and the venue of payment are the registered office of the respective accommodation establishment.
In the event that any of the provisions of these General Conditions is or becomes invalid or void, the validity of the remaining provisions shall not be affected. In all other cases, the legal provisions shall apply.
For any questions arising out of the contract, both in terms of its performance, compliance and non-compliance, as well as its interpretation and termination, the parties submit to Spanish law in accordance with the provisions of Articles 2, 3, and 26 of Law 34/2002, of July 11, on services of the information society and electronic commerce, of Article 67 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Consumer and User Protection Act and other complementary laws.
Likewise, the parties elect the jurisdiction of the courts of the city of Barcelona.
