General Conditions

Of the limited liability company GLASAJA S.L. (hereinafter GLASAJA) with registered office in Barcelona, carrer Carme 40, Principal 1ª, duly entered in the Commercial Register of Barcelona, Volume 33376, Folio 0206, Page 231407, 1st Entry.

ARTICLE.-1 DEFINITIONS.-

The terms used in these General Conditions shall have the following meanings: User: A natural person or legal entity that, alter a financial consideration, makes use of, for a period of between 3 and a maximum of 60 nights, the accommodation chosen from among those offered by GLASAJA in its role as agent.Both natural persons who make reservations and the other persons, both natural and legal, in whose name the relevant accommodation is reserved and contracted shall be considered as users. The Offering Party: Natural or legal entity that is the owner of the accommodation that, through GLASAJA, is offered to the user for its temporary use. Accommodation: property offered on condition of being occupied immediately by the user, after payment, for a stay of days, weeks or months, the minimum period being 3 nights and the maximum 60. Contract: a notification from GLASAJA to the user sent by e-mail, whose minimum content shall be as follows: a) confirmation of the first payment, plus reservation fees. b) definitive confirmation of the reservation of the accommodation, giving its exact address and instructions on how to arrive there; c) personal information of the user (name, surname, postal address, telephone numbers, I.D. etc.) and d) other additional information that is considered relevant and necessary for the user.

ARTICLE 2.- SCOPE OF APPLICATION.-

2.1.- These general conditions shall be an integral part of all contracts in which GLASAJA acts, constituting their fundamental basis and that of the offers and services of the business of GLASAJA.

2.2.- In the event of any of the specific agreements between the parties being declared null and void, the rest of the contract shall remain fully in force, these general conditions being applied as additional conditions to the cancelled section, insofar as the parties prepare a new clause in accordance with the legality in force at all times.

ARTICLE 3.- PREPARATION AND EXECUTION OF THE CONTRACT.-

3.1.- The contract shall only be fully and reciprocally valid when prepared in writing, conversations between the parties prior to its signing not being binding.

3.2.- The contract shall be understood to formally enter into force when GLASAJA confirms the reservation in writing. With said confirmation the corresponding invoice shall be drawn up, whose amount shall be made up of the reservation fee plus the equivalent to 25% of the total sum of the reservation.GLASAJA shall automatically pass the completed contract to the offering party.

3.3.- The execution of an accommodation reservation contract by users in their own names and those of other persons, natural and legal, or solely on their behalf, makes all of these jointly liable for all obligations arising from said contract.

3.4.- The user will provide, within a set time limit, all personal information requested by GLASAJA for the execution of the contract, as well as all other information that the user considers necessary. In the absence thereof, GLASAJA shall be entitled to suspend the conclusion of the contract and/or invoice the user for the additional costs arising from the delay suffered in accordance with the usual rates.

ARTICLE 4.- PRICES.-

4.1.- Of all prices given by GLASAJA, the first advance payment includes VAT. The second payment excludes VAT.

4.2.- Once the contract is concluded, as well as the amount to be paid by the user on account of the total accommodation sum, GLASAJA shall invoice a fixed amount per contract for reserving costs, the specific sum being recorded in the price list.

ARTICLE 5.- PAYMENTS AND DEFAULTS.-

5.1.- The user shall pay GLASAJA the reservation cost and the first advance payment of the value of the stay in USdollars, thru the internet by credit card or an already existing PayPal account, using PayPal as a secure way to make payments. The invoice in USdollars shall be issued at the same time as the advance payment and shall be sent by normal post or email to the address given by the user. GLASAJA shall only guarantee the reservation of the accommodation chosen for the period requested, when the user makes the down payment that, as has been mentioned above, includes the reservation cost, the first advance payment and its corresponding VAT, as part of the total cost of the stay. Once said sum is received, GLASAJA shall send the user confirmation of the reservation and any other information that it considers relevant, to the email address given by the user.

5.2.- The remaining cost of the contracted stay shall be paid by the user directly to the offering party – owner of the apartment or person responsible for the apartment - in USdollars, latest 14 days before arrival, thru the internet by credit card or an already existing PayPal account, using PayPal again as a secure way to make payments.
In the event that the user makes a reservation less than 14 days before arrival, it will be called a LAST MINUTE RESERVATION. A last minute reservation means that the apartment is available only subject to confirmation. Only if GLASAJA confirms that the apartment is available, the reservation can be made. If the reservation will be made, both the first payment to GLASAJA as per 5.1- as well as the second payment in this article, shall be made separately as explained, but at the same time, meaning that the total value of the cost must be paid.

5.3.- Users shall fall into default when they do not fulfil, completely, the obligations undertaken to GLASAJA and to the offering party arising from the contract. From the time when the user falls into default, the contract shall be cancelled and shall cease to be in force. In the event of default by the user, the conditions included in article 6 of these general conditions shall be applied.

5.4.- In the event of default, the quantities pending payment by the user, whether to GLASAJA or to the offering party, shall accrue monthly interest of 1%.

5.5. For the purposes of the calculation of default, the first day of the calculation shall be the date on which the owed payment is due, this being the final day of the complete payment of the owed sum. For these purposes, fractions of months shall be calculated as whole months, no matter how small the time period.

5.6.- In the event that GLASAJA or the offering party have to legally reclaim the sums owed by the user, the user shall also assume the payment of legal costs and expenses that are conservatively set at 15% of the legally reclaimed sum, this sum not being less, under any circumstances whatsoever, than �140.00, excluding VAT.

ARTICLE 6.- CANCELLATION.-

6.1.- Cancellation of the reservation may be total or partial: a) it shall be total when affecting the whole period of the contracted stay and, without exception, when causing a period of accommodation of less than 3 nights; b) it shall be partial when only affecting some of the contracted nights when a minimum stay of 3 nights is maintained.

6.2.- The reservation may be cancelled by the user with the responsibility of one of the user parties notifying GLASAJA in writing of the causes of the cancellation at least 14 days before the first date of the period of the reservation stay.

6.3.- The cancellation date of the reservation shall be the date on which GLASAJA receives the written notification of the causes of the cancellation at its address.

6.4.- In the event that cancellation, whether total or partial, does not comply with the requirements demanded in the above sections of this article, the contract shall continue in full force.

6.5.- Users who send their cancellations, whether partial or total, without complying with the demanded requirements, both in manner and in time, shall pay the full amount of the initially contracted stay plus the costs of the reservation.

6.6.- In the event that it is the offering party that, partially or totally incorrectly cancels the contracted accommodation period, the offering party shall pay GLASAJA, as cancellation costs, the reservation costs plus the first accommodation instalment, calculated at 25% of its total amount, as well as the VAT of both quantities and GLASAJA shall refund the user the sums already paid for these two items.

6.7.- In the event of correct partial cancellation by the user, the offering party shall not be entitled to any financial compensation whatsoever and shall solely have the right to receive the amounts corresponding to the actual period during which the user has been able to make use of the accommodation, minus the reservation costs and the first accommodation instalment that, without exception, belong to GLASAJA.

6.8.- In the event that the user informs about the total cancellation correctly, the user shall owe GLASAJA the amounts corresponding to the reservation costs and the first payment of 25% of the total reserved stay. In the event that the user has already settled said amounts, THEY SHALL BE RETAINED BY GLASAJA AS COMPENSATION.

6.9.- If it is the offering party that sends the total cancellation of the reservation correctly, GLASAJA shall do everything possible to offer the user alternative accommodation with similar characteristics; if this is achieved, the contract shall remain in full force. In contrast, if it is impossible to find other equivalent accommodation, GLASAJA shall reimburse the user the reservation costs and the first instalment of the value of the stay paid for by the user.

6.10.- If the offering party partially cancels the reservation correctly, GLASAJA shall offer the user the following alternatives: a) similar accommodation for the nights affected by the cancellation of the reservation, the remaining nights being maintained in accordance with the initially contracted accommodation; b) new accommodation with similar characteristics for the whole contracted period or c) cancellation of the reservation with a refund of the amounts paid by the user. If the user chooses one of the first two alternatives, the financial conditions of the contractual relationship shall not change in any way. In contrast, if the user cancels the reservation, GLASAJA shall be entitled to reclaim, as cancellation costs, the reservation costs and 25% of the total amount of the first reservation from the offering party.

ARTICLE 7.- USE OF THE ACCOMMODATION.-

7.1.- The user shall be diligent in compliance with the obligations assumed in this contract and undertakes to use the contracted accommodation sensibly, moderately and correctly and, without exception, with full respect for its agreed use.

7.2.- The user shall notify GLASAJA immediately of any possible damage, anomalies or faults that may appear in the accommodation or in the furniture and fittings within. In the event that said damages or faults are directly or indirectly attributable to the user/s as a consequence of their misuse, the user/s shall pay the costs for their repair, to which end they shall supply GLASAJA with their bank or credit card details so that GLASAJA can make the appropriate charge.

7.3.- The subrogation, sub-letting or assignment by any means, whether partially or totally, of the rights arising from this contract is strictly forbidden.

ARTICLE 8.- COMPLAINTS.-

8.1.- Users shall make complaints about the contracted services in writing to the registered address of GLASAJA within a time limit of not more than 48 hours after they take place, with the objective of finding an adequate and satisfactory solution for the user.

8.2.- Regarding the complaints for which GLASAJA cannot solve within the period of the stay to the satisfaction of the user, the user shall notify, in writing, the management of GLASAJA within a time limit of the month following the stay. It will be essential that the user indicate the period of the stay and the reservation number so that GLASAJA can deal with the complaint.

8.3.- The offering parties may also send their complaints to GLASAJA under the same conditions established in the above sections of this article.

8.4.- GLASAJA shall deal with all the complaints that it receives, whether from users or from offering parties, undertaking to resolve them within a time limit of two months from the date of receipt of the complaint.

ARTICLE 9.- LIABILITY.-

9.1.- GLASAJA shall solely be liable both to the user and the offering party for damages caused by the services that it supplies, provided that there are not cases of force majeure.

9.2.- GLASAJA shall not be liable for damages caused by the services that it supplies in the event of guilt or negligence by the user.

9.3.- In any case, the liability of GLASAJA shall be limited to the amount represented by the period of the contracted stay.

9.4.- GLASAJA shall not be liable, in any case whatsoever, for the robbery, theft or misplacement of the possessions of the user within the accommodation.

9.5.- In the event of serious guilt or negligence by the user, both GLASAJA and the offering party shall be excluded from all liability.

9.6.- GLASAJA is liable to the offering party for a sum of no more than 250 dollars for damages caused by the user, not taking into account normal wear and tear of the accommodation and its furniture and fittings. If the damage caused by the user surpasses this amount, GLASAJA will do all possible to recuperate the equivalent amount from the user, but will not be held reliable.

9.7.- For the same reason as set forth in 9.6, GLASAJA is authorized to charge the sum of no more than 250 dollar without any reservation or authorization from the user in the event of damage to the accommodation and/or its furniture and fittings. If the value of the damage surpasses this amount, GLASAJA will do all possible to recuperate the equivalent amount from the user, but will not be held reliable.

ARTICLE 10.- FORCE MAJEURE.-

10.1- In the event of force majeure, the obligations assumed by GLASAJA by virtue of the accommodation reservation contract shall be suspended. In these events, if after three days of the suspension, the force majeure reasons that stop GLASAJA from complying with its responsibilities persist, both parties shall be entitled to cancel the contract without any obligation to compensate for damages by either of the affected parties.

10.2- For these purposes, causes of force majeure are any circumstance or situation, without any influence or intervention by GLASAJA whatsoever and without being logically foreseen, that may stop it from complying with its responsibilities arising from the contract, temporarily or permanently. Said causes are understood to be, among other things, wars, the threat of war or other public disturbances, fires, natural disasters, strikes, restrictive governmental measures, the general lack of essential goods or services for the carrying out of agreed obligations, unforeseeable suspensions by suppliers or other third parties on which GLASAJAdepends and general transport problems.

10.3.- In cases in which, despite there being a situation of force majeure, GLASAJA manages to comply with its obligations in part, or can only partially comply, it shall be entitled to invoice for the effectively or partially complied part and the user shall be obliged to pay for the services that have been partially supplied.

ARTICLE 11.- DISPUTES, RIGHTS OF APLICAION AND EXPIRY OF TIME LIMITS.-

11.1.- Spanish Law shall be applied and shall govern the contractual relations between GLASAJA and the user, between GLASAJA and the offering party and between the user and the offering party.

11.2.- Spanish Courts shall be the only competent authorities to resolve any dispute arising from the interpretation of and compliance with the contracts signed between GLASAJA and the user, between GLASAJA and the offering party and between the user and the offering party.This express submission to Spanish Law shall be applied even when users are foreign nationals and have their usual home or residence in a country outside of Spain, or when any resolution of an International Treaty to which Spain is a party gives competency to the Judges or Courts of the nationality of the home or residence of the user, unless this has been agreed between the parties. The Vienna Convention regarding the sale of goods shall not be applied to any dispute that may arise between the parties because of these contracts.

11.3.- Unless explicitly agreed in writing to the contrary, the rights to legal complaints by the user shall expire one year after the event on which said complaint is based takes place.