Legal notice and terms of use of the website

This legal notice and conditions of use (hereinafter, the “Legal Notice and Terms of Use”) govern the access and use of the website accessible through the domain name becasaapartments.com or any of its other domains or subdomains (hereinafter, the “Website”) and the commercial name Be Casa, owned by MAROMESA, S.L.

By simply accessing the Website, the user becomes a user of the Website (hereinafter, the “User”) which implies that the User is aware of all the terms set out below. If you do not agree with this Legal Notice and Terms of Use, please do not use the Website.

We recommend that the User carefully read this Legal Notice and Terms of Use each time they access the Website, as it may be amended, since the owner of the Website reserves the right to make any changes or updates to the contents and services of the Website, to this Legal Notice and Terms of Use and, in general, to any elements that make up the design and layout of the Website at any time and without prior notice.

1. General Website Information
2. Access to and operation of the website
3. General Terms and Conditions of Booking and Contracting
4. Advertising
5. Personal data protection and cookies
6. Nulity and ineffectiveness of clauses
7. Applicable law and jurisdiction

1. General Website information

In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce, the following general information of the owner and party responsible for this website is given below:

Holder:

MAROMESA, S.L. (hereinafter referred to as “Be Casa” in this Legal Notice)

Contact email:

info@becasaapartments.com

TAX ID. NUMBER:

B-88500376

Registration data:

Entered in the Mercantile Registry of Madrid, in Tome 39672, folio 187, Page M-704.959

2. Access to and operation of the website

Rules governing the use of the website

Access to this Website is unrestricted and therefore it is available to the general public and is free of charge. The User undertakes to use the Website and all its content and services in keeping with the provisions of the law, morality, public order and this Legal Notice and Terms of Use. Furthermore, the User undertakes to make proper use of the services and/or contents of the Website and not to use them for illegal or criminal activities that violate the rights of third parties and/or infringe regulations governing intellectual and industrial property or any other applicable legal regulations. The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (data, messages, drawings, sound and image files, photographs, software, etc) which are contrary to the law, morality, public order and this Legal Notice and Terms of Use. In general, but not limited to, the User undertakes the following: I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights. II.- Not to introduce or disseminate data programmes (viruses and harmful software) on the network that are likely to damage the computer systems of the access provider, its suppliers or third-party users of the Internet. III.- Not to disseminate, transmit or make available to third parties any type of information, element or content which violates the fundamental rights and public freedoms recognised in the Constitution and in international treaties. IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content which may constitute illegal or disloyal publicity. V.- Not to transmit unsolicited or unauthorised advertising, promotional materials, ''spam'', ''chain letters'', “pyramidal structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for such a purpose. VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information. VII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the intellectual and industrial property rights, patents, trademarks or copyrights of the owners of the Website or third parties. VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation. IX.- Not to engage in activities that are illicit, illegal or contrary to good faith and public order. The User undertakes to hold Be Casa harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User's failure to comply with any of the aforementioned rules of use, and Be Casa reserves the right to seek compensation for any corresponding damages.

Liability

a) Liability relating to the use of the Website: The User is solely liable for any infringements that the User may commit or damages that the User may cause when using the Website, and Be Casa is hereby released from any kind of liability that may arise from the User's actions. Be Casa will make every reasonable effort and use all reasonable means to provide up-to-date and reliable information on the Website. However, Be Casa does not provide any guarantee regarding the presence of errors or possible inaccuracies and/or omissions in any of the contents that are accessible through this Website. The User is solely liable for any claim or legal, judicial or extrajudicial action brought by third parties against Be Casa based on the use of the Website by the User. Where applicable, the User shall bear all expenses, costs and indemnities incurred by Be Casa as a result of such claims or lawsuits. b) Liability relating to the operation of the Website: Access by the User to the Website does not imply any obligation for Be Casa to ensure the absence of viruses or any other harmful computer element. It is the responsibility of the User to ensure the availability of suitable tools to detect and remove harmful computer programmes. Be Casa shall not be held liable for any damage caused to the software and computer equipment of Users or third parties while using the services provided on the Website. Be Casa shall not be held liable for damages of any kind caused to the User as a result of failures or disconnections affecting telecommunications networks that lead to the suspension, cancellation or interruption of the Website services during the provision of the said services or prior to said provision. In other words, Be Casa declines all liability that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of electronic systems. It also declines any liability that may arise from delays or blockages in the operation of this electronic system caused by deficiencies or overloading of telephone lines or the Internet, as well as damage caused by third parties through unauthorised interference beyond the control of Be Casa. Be Casa shall be entitled to suspend temporarily, and without prior notice, access to the Website for maintenance, repair, updating or improvement operations. c) Liability relating to the content Be Casa shall not be held liable, except to the extent required by law, for any damage or harm that may be caused by the use, reproduction, distribution or public communication or any type of activity carried out on the texts and/or photographs that are protected by intellectual property rights belonging to third parties, if the User has not previously obtained the necessary authorisation from the owners for the use that he/she is making or intends to make of them. On the other hand, Be Casa will not be held liable for any information sent by the User. As soon as Be Casa becomes aware that it is hosting inaccurate or incorrect data, it undertakes to act diligently to remove them or render access to them impossible. The User accepts that, in the event of making decisions on the basis of the information provided on the Website, the User shall be solely responsible, and shall not be entitled to file any claim against Be Casa for the consequences of the decisions made.

Content and services linked through the Website

The Website access service may include technical link devices, directories and even search tools that allow the User to access other Internet sites and portals (hereinafter, "Linked Sites"). If the User considers that there is a Linked Site with unlawful or inappropriate content, the User may notify Be Casa, although in no case shall such a notification entail the obligation to remove the corresponding link. Under no circumstances should the existence of Linked Sites imply the formalisation of agreements with the parties responsible or owners of the said Linked Sites, nor any recommendation, promotion or affiliation of BE CASA with the statements, contents or services provided. This Website may include links to third-party websites that allow the User to access them. Notwithstanding the foregoing, Be Casa is not responsible for the content of these linked websites; it is the User's responsibility to accept and check the access terms each time the User accesses them. This Legal Notice and Terms of Use refer only to this Website and the contents of Be Casa and under no circumstances shall they apply to links or third-party websites that can be accessed through the Website. On the other hand, third parties who intend to insert a link to this Website on their website must comply with current legislation and may not host content that is inappropriate and/or unlawful. Under no circumstances may Be Casa be held liable for the content of a third party's website, nor does it promote, guarantee, supervise or recommend the content of a third party's website. If the linking website fails to comply with any of the above, it shall be required to remove the link immediately.

Intellectual & Industrial Property

All the contents of the Website, which are understood to include, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links, the Be Casa brand and other audiovisual or sound content, as well as its graphic design and source codes and other elements that appear on the Website are the exclusive property of Be Casa or of third parties who have duly authorised us to use them. Furthermore, all trade names, trademarks or distinctive signs of any kind contained on the Website are protected by the applicable regulations. Be Casa does not grant the User any type of licence or authorisation for the personal use of its intellectual and industrial property rights or any other right related to its Website and the services provided therein. Therefore, the User acknowledges that the copying, distribution, commercialisation, transformation and, in general, any other form of use, by any means, of all or part of the contents of this Website constitutes an infringement of the intellectual and/or industrial property rights of Be Casa or of the owner of the same.

3. General Terms and Conditions of Booking and Contracting

These conditions regulate the general terms and conditions of temporary accommodation booking services (long or short stays) and their hiring through this website. The booking services for accommodation in any of the establishments and for any other service offered on this website are regulated by these conditions of use, which form an integral part of and complete the Legal Notice.
The use of these services shall imply the full and unreserved acceptance of each and every one of the General Terms and Conditions of Contract contained in the latest updated version of this section.
The company that owns the website hereby informs you that the formalities to obtain the provision of the services offered, as well as other specific or promotional services displayed on the screen during browsing, are those set out in these General Conditions of Booking and Contracting. You hereby declare that you are aware of and accept that these formalities are necessary to contract the services offered on this website.
The website owner reserves the right to change unilaterally and without prior notice any of the terms contained in these General Conditions in the manner it deems appropriate, informing the User of the changes made through the website to make them known and to be accepted by the User.
If one of the provisions of these General Conditions were declared null and void or inoperative, the rest of the General Conditions shall remain in force.
The User undertakes to use this service in accordance with the law, morals, good customs and public order, and with the provisions of these General Conditions for online booking. Consequently, the User agrees not to use these services for purposes that are illicit and/or contrary to the provisions of these General Conditions, against the law and/or against the interests of third parties or in any way that may damage the services provided by the owner and/or their image.

3.1. Use of the Long-Stay Booking Service

Users who are interested in staying in any of our buildings must fill in an application form with their personal details to reserve an apartment in the selected building. The purpose of this service is to book an apartment and/or other optional services for a specific period (on a temporary basis) in one of our buildings.

Users who access this service must be of legal age under Spanish law and have the necessary and sufficient legal capacity to contract the services offered on this website. If minors wish to book accommodation, their parents or guardians must formalise the booking process (by filling in the booking form) and contract the accommodation service.

In general, the personal data you provide will be used to process the booking of accommodation and/or services, if any, and for the subsequent contracting process with the Client/User. Consent to the disclosure of personal data may be revoked at any time but shall not be retroactive.

The data provided by the User will be used to attend to their booking request and to adapt the products and services requested to the User’s preferences as indicated in the Accommodation Booking Form (data registration) and will imply the use of their email address to receive any communication from Be Casa. To start the booking application process, the User will have to access the Accommodation Booking Form and fill in their personal data together with other data requested for the correct provision of the service. Once the form has been completed, it cannot be processed or sent if the interested client has not previously and voluntarily accepted the Booking Terms & Conditions. We recommend that all Users carefully read the wording of these Terms & Conditions before accepting them.

After completing the booking form, the User will be sent an email confirming receipt of their request, and it will be automatically registered in the database.
An email message will be sent to the email address provided by the User with an offer based on the details of the booking request, and once accepted, the User will receive an email to initiate the booking process through the resident’s portal, where they will have to fill in additional personal details and attach identification and financial documentation to guarantee that they meet the minimum requirements to be able to make the reservation.

Once the documents have been completed and uploaded, the application will be reviewed. After approval, the User will receive an email to finalise the booking process. They will have to sign the accommodation contract, pay the deposit and set up the direct debit, if applicable. Once this process has been completed, the booking will be confirmed.

Upon acceptance of the booking form, completion of the booking process, and once the reservation has been confirmed, an email will be sent to the address provided by the client to set up their password and username to access the client/resident’s personal portal where they can also consult the contract accepted online, contract optional additional services, and view information about the building, facilities, activities, etc.

With regard to the password entered, the User shall be responsible at all times for the safekeeping of his/her password and for maintaining its confidentiality, thereby being liable for any damages and/or losses that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. If the User forgets the password or if there is any other circumstance that entails a risk of access and/or use by unauthorised third parties, the User shall immediately notify the owner so that the latter can immediately proceed to block the password and replace it with a new one. In any case, any operation carried out prior to such notification shall be deemed to have been carried out by the User, who shall be liable for any damages arising from any unauthorised access and/or use made prior to such notification.

3.2. Daily Accommodation Booking Service Using the Online Booking Engine

This daily accommodation booking service using an online booking engine is operated by an outsourced UK company named LAVANDA VENTURES LTD., with registered office at 1 Long Lane, London, SE1 4PG, United Kingdom, VAT Number GB203361357 and Registered in England and Wales under Registration Number 09059982. The management and administration services are provided privately through an online booking engine system called “LAVANDA” for daily accommodation in the various apartments operated by Greystar. This system allows the client to make a reservation directly and quickly through the website: www.becasaapartments.com. It will also act as the application’s email service provider during the booking process and will be responsible for maintaining the booking engine.
For more information about LAVANDA’s booking engine system and security policy, see https://getlavanda.com/policy/security.

3.2.1. Accommodation Booking Conditions and Contracting Procedure.

The User/Client will fill in a booking form for daily accommodation in any of these apartments. A check box will appear at the end of the form containing the contracting conditions for this type of reservation so that the client can accept them if he/she agrees with them.
The client must accept these Terms and Conditions (by ticking the checkbox) in order for the online contract to be fully formalised.
Once the User has filled in the form with all the data and submitted it, the User will immediately receive confirmation of the reservation by email, in which the User will be assigned a booking confirmation number. This email will serve as confirmation and proof of the reservation. Daily accommodation reservations shall be prepaid, so shall be payable upon acceptance of the booking form.

3.2.2. Cancellation Policy.

Reservations made through this website will be guaranteed by the credit/debit card provided by the Client/User on the form. The reservations made through this website are under prepayment or non-refundable conditions, so in the cancellation case the total of the part paid in advance will be charged.
No-shows at check-in will result the immediate cancellation of the reservation.
If the customer decides to leave the apartment before the end of the contracted stay, the penalty will consist of the total paid amount of the stay.
If you wish to cancel an online reservation, you must do so in writing by sending an email to the Be Casa email address (info@becasaapartments.com).

3.2.3. Price

The prices of the apartments are per day and include VAT, as shown on this website.

4. Advertising

Advertising or sponsored content may be hosted on the Website. Advertisers or sponsors are solely responsible for ensuring that material submitted to be included on the Website complies with the laws that apply in each case.

Be Casa shall not be held liable for any error, inaccuracy or irregularity that may be contained in the advertising content of the sponsors. If you should wish to lodge any claim related to the advertising content posted on this website, please contact Be Casa by the means indicated above.

5. Personal Data Protection and Cookies

The Privacy Policy includes all the necessary information to understand how Be Casa will process any personal data provided by the User through the various forms available on this Website. Please read this legal text carefully before providing us with your personal data.

With regard to the use of cookies and similar technologies, you will find all the information on the use that Be Casa and/or third parties make of the aforementioned technologies in the Cookies Policy. This policy will explain how to install them and how to configure and/or reject them.

Notes for the User:

Entering incorrect or incomplete data in our various forms may make it impossible for us to contact you. To avoid such a situation, the personal data and any other information you provide must be accurate and up to date. It is understood that Be Casa is authorized to process this data under the conditions set out in the privacy policy.

6. Nullity and ineffectiveness of clauses

If any clause included in this Legal Notice and Terms of Use document were declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and this Legal Notice and Terms of Use shall remain in force in all other respects, and the provision, in whole or in part, shall be deemed not to have been included.

7. Applicable law and jurisdiction

This Legal Notice and Terms of Use document is subject to Spanish law. If the User is a consumer, these Terms of Use and Service shall also be subject to any local laws that may apply.

Any dispute that may arise from the use of the Platform or from this Legal Notice and Terms of Use document shall be brought before the courts of the city of Madrid (Spain), and in the case of a User acting as a consumer, before the court of the User’s/consumer’s place of residence.

Users, if acting as consumers, may also submit any dispute arising from or related to this Legal Notice and Terms of Use document to an alternative dispute resolution (“ADR”) procedure. The European Commission’s list of available ADR platforms can be found at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Notwithstanding the foregoing, Be Casa does not undertake and is not obliged to take part in online dispute resolution processes before the consumer arbitration body.