E-COMMERCE (ACCOMMODATION RESERVATIONS). General contract conditions
This contractual document will govern the contracting of accommodation reservations through the website https://www.residenciacaninadosrosas.com, property of Residencia Canina Dosrosas, SL, under the commercial brand of Residencia Canina Dos Rosas, hereinafter, PROVIDER, whose data contact details are also included in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
- You’ve read, you understand and you’re agree with this text.
- Is a person with sufficient capacity to hire
- Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the pet accommodation reservation service contracted by the USER is Residencia Canina Dosrosas, SL, with registered office at Calle Can Carreras. Can Massuet del Far, s/n – 08319 Dosrius (Barcelona), NIF B65949851 and with customer/USER service telephone number 937916132.
And on the other hand, the USER, who completes the reservation form with the requested data, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to Residencia Canina Dos Rosas.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online contracting process, the reservation of pet accommodations.
The contractual relationship of accommodation reservation involves the rental of the booth or room, for a limited time, in exchange for a determined price publicly displayed through the website.
Hiring procedure
The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and complete the reservation form. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.
Once the form has been completed and sent, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following Steps:
- General contracting clauses.
- Activation of
- Right of withdrawal (cancellations).
- Claims and online dispute resolution.
- Force
- Competence
- Generalities of the
- Price and validity period of the
- Expenses of
- Payment method, expenses and
- Process of
- Dissociation and suspension or termination of
- Guarantees and
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, making a reservation with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will inform the USER in advance about the procedure that must be followed to make the accommodation reservation.
Bail bonds
Residencia Canina Dos Rosas confirms the accommodation reservation by bank transfer of 25% of the total amount.
Failure to execute the remote contract
If the contract cannot be executed because the accommodation is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a refund of the total amount paid at no cost.
The PROVIDER will not assume any responsibility when the activation of the service is not carried out, due to the data provided by the USER being false, inaccurate or incomplete.
3. CANCELLATIONS (right of withdrawal)
Withdrawal form: https://www.residenciacaninadosrosas.com/formulario-solicitud-desistimiento.pdf
The USER has the same rights and deadlines to proceed with the cancellation and/or claim any possible defects or defects that the reservation presents, both online and offline.
All cancellations must be communicated to the PROVIDER, using the form provided for this purpose, or by email to info@residenciacaninadosrosas.com, indicating the corresponding invoice or reservation number.
In order for the deposit to be paid, the reservation must be canceled one week in advance.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Dos Rosas Dog Residence
Calle Can Carreras. Can Massuet del Far, s/n – 08319 Dosrius (Barcelona) Telephone: 937916132
E-mail: info@residenciacaninadosrosas.com
In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another one with the same characteristics. In the event of no accommodation availability, the PROVIDER will refund the total amount delivered.
Online dispute resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and Residencia Canina Dos Rosas, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parts will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
COVID-19: If, due to mobility restrictions or another reason referring to the rules consolidated in the COVID-19 code, the USER cannot travel to pick up or drop off the pet, they will be charged for the additional days.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and contracted obligations.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
The accommodation service offered by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Residencia Canina Dos Rosas or stipulated herein will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
Entries and exits
Entry and exit are from Monday to Sunday, in summer from 10:00 to 13:00 and 16:00 to 18:00, in winter from 10:00 to 13:00 and from 15:00 to 17:00.
Departures must be made before 12:00 p.m.
Client Responsibilities
It is essential that the dog is up to date on vaccinations and deworming, including kennel cough. The dog must come with a collar, not a harness.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each reservation do not include Value Added Tax (VAT).
The prices applicable to accommodation are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily while the reservation is not made.
For any information about the reservation, the USER may contact the Residencia Canina Dos Rosas customer service telephone number 937916132 or via email to the address info@residenciacaninadosrosas.com.
9. TRANSPORTATION EXPENSES
There are no transportation costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:
Credit card or cash Transfer
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.
11. PURCHASE PROCESS
The User interested in contracting the accommodation service must complete the online reservation form for the first time making a reservation. In the event that you have already filled it out previously, an email sent with your name, the name of the animal and the dates and times of arrival and departure is sufficient.
To confirm the reservation it is necessary to make a bank transfer of 25% of the total amount and communicate it by phone or send the email with the receipt.
After verifying that it has been received, confirmation of their reservation is sent to the user by email.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
THE PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply or follow any of the obligations established herein. document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or resource that may be available to the PROVIDER.
13. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. :
Compliance of services with the contract
- Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them are not applicable:
- They conform to the description made by the
- Are suitable for the uses to which its services are ordinarily intended.
- They are suitable for any special use required by the USER, when this has been made known to the PROVIDER at the time of the conclusion of the contract, provided that the PROVIDER has admitted that the service is suitable for this use.
- They present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the services made by the PROVIDER.
- The PROVIDER describes the details, technical characteristics and photographs of the accommodation provided by their owners, so that it is not bound by these public statements.
- The lack of conformity resulting from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility for the same falls on the PROVIDER or under its responsibility; On the contrary, when the service not performed or provided is due to negligence or bad practice on the part of the USER, no fault on the part of the PROVIDER will be considered and it will be considered in accordance with the terms of the
- Liability will not arise for lack of conformity that the USER knows or could not have ignored at the time of the conclusion of the contract or that have their origin in information provided by the
Responsibility of Residencia Canina Dos Rosas
The PROVIDER will respond to the USER for any lack of conformity that exists with respect to the contracted service. Residencia Canina Dos Rosas recognizes the USER the right to repair the service, to replace it,
to the price reduction and the termination of the contract.
Repair and replacement of hosting service
- If the accommodation service does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or From the moment the USER notifies the PROVIDER of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions in cases in which the repair or replacement fails to bring the service into compliance with the contract.
- Any form of correction that imposes on the PROVIDER costs that, in comparison with the other form of correction, are not reasonable, will be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity. and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
Repair and replacement will comply with the following rules:
- The necessary expenses incurred to correct the lack of conformity of the services will be free of charge for the USER.
- They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.
- If the repair is completed and the accommodation is delivered, it continues to be non-compliant with the contract, the USER may demand its replacement, a price reduction or termination of the contract.
- If the replacement fails to bring the accommodation into compliance with the contract, the USER may demand its repair, a price reduction or termination of the contract.
Price reduction and contract termination
The price reduction and termination of the contract will proceed, at the USER’s option, when the USER cannot demand the repair or replacement of the service and in cases in which these have not been carried out within a reasonable period of time or without major inconvenience to the user.
The resolution will not proceed when the lack of conformity is of minor importance.
Criteria for price reduction
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
Deadlines
Unless proven otherwise, the delivery of the pet is deemed to have been made on the day indicated in the reservation.
The USER must inform the PROVIDER of the lack of conformity at the time they become aware of it or, at the latest, at the end of the stay.
Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of law. For more information see clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Terms.