Legal
Legal Notice and Terms of the Website
Legal Notice
This legal notice and terms of use (hereinafter, the “Legal Notice and Terms of Use”) govern access to 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 trade name Be Casa, owned by MAROMESA, S.L.
Mere access to the Website confers on the visitor the status of user of the Website (hereinafter, the “User”) and 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 reads this Legal Notice and Terms of Use each time they access the Website, as it may be modified, since the owner of the Website reserves the right to make, at any time and without prior notice, any modification or update of its content and services as it deems appropriate, of this Legal Notice and Terms of Use and, in general, of all the elements that make up the design and configuration of the Website.
1. General Information of the Website
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the general information of the owner and party responsible for this Website is provided below:
Owner
MAROMESA, S.L. (hereinafter identified in this Legal Notice as “Be Casa”)
Contact email
info@becasaapartments.com
Tax ID (N.I.F.)
B-88500376
Registration Details
Registered with the Madrid Commercial Registry, Volume 39672, Folio 187, Sheet M-704.959
2. Website access and operation
Website terms of use Website terms of use
Access to this Website is not restricted; it is accessible to the general public and is free of charge.
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and this Legal Notice and Conditions of Use. The User also undertakes to make appropriate use of the services and/or content of the Website and not to use them for unlawful activities or activities constituting an offence, that infringe third-party rights and/or that violate intellectual and industrial property regulations, or any other rules of the applicable legal system.
The User undertakes not to transmit, introduce, distribute or make available to third parties any material or information (data, content, messages, drawings, sound and image files, photographs, software, etc.) contrary to the law, morality, public order or this Legal Notice and Conditions of Use.
By way of example, and in no case as a limitation or exclusion, the User agrees to:
I. Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, or apologising for terrorism, or that violates human rights.
II. Not to introduce or disseminate on the network data programmes (viruses and harmful software) capable of causing damage to the IT systems of the access provider, its providers or other Internet users.
III. Not to disseminate, transmit or make available to third parties any kind of information, element or content that violates fundamental rights and public freedoms recognised constitutionally and in international treaties.
IV. Not to disseminate, transmit or make available to third parties any kind of information, element or content constituting unlawful or unfair advertising.
V. Not to transmit unsolicited or unauthorised advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures” or any other form of solicitation, except in those areas (such as commercial spaces) exclusively designed for that purpose.
VI. Not to introduce or disseminate any false, ambiguous or inaccurate information or content in a way that misleads recipients.
VII. Not to disseminate, transmit or make available to third parties any kind of information, element or content that breaches intellectual and industrial property rights, patents, trademarks or copyrights belonging to the Website owners or third parties.
VIII. Not to disseminate, transmit or make available to third parties any kind of information, element or content that breaches the secrecy of communications and personal data legislation.
IX. Not to engage in unlawful, illegal activities or activities contrary to good faith and public order. The User agrees to hold Be Casa harmless against any possible claim, fine, penalty or sanction that Be Casa may be required to bear as a result of the User’s breach of any of the rules of use indicated above, with Be Casa reserving the right to claim compensation for any corresponding damages.
Liability Liability
a) Liability for the use of the Website: The User is solely responsible for any infringements that may be committed or any damages that may be caused by the use of the Website; Be Casa is exempt from any liability that may arise from the User’s actions. Be Casa will use all reasonable efforts and means to provide updated and reliable information on the Website.
However, Be Casa makes no guarantee regarding the presence of errors or possible inaccuracies and/or omissions in any of the content accessible through this Website. The User is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against Be Casa based on the User’s use of the Web. Where applicable, the User will assume any expenses, costs and compensation owed to Be Casa as a result of such claims or legal actions.
b) Liability for the operation of the Website: The User’s access to the Website does not imply Be Casa’s obligation to check for the absence of viruses or any other harmful IT element. It is the User’s responsibility, in any case, to have the appropriate tools for detecting and disinfecting harmful software. Be Casa is not liable for damage caused to the User’s or third parties’ software and computer equipment during the use of the services offered on the Website. Be Casa is not liable for damages of any kind caused to the User stemming from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Website service during its provision or beforehand.
That is, Be Casa excludes all liability that may arise from interference, omissions, interruptions, computer viruses, phone failures or disconnections in the operational functioning of the electronic system. It also excludes any liability that may arise from delays or blockages in the operational functioning of this electronic system caused by deficiencies or overloads on phone lines or on the Internet, as well as damage caused by third parties through illegitimate intrusions outside Be Casa’s control. Be Casa is entitled to temporarily suspend, without prior notice, access to the Website for maintenance, repair, update or improvement operations.
c) Content liability: Be Casa is not liable, except to the extent required by law, for damages that may be caused by the use, reproduction, distribution or public communication or any kind of activity carried out on texts and/or photographs protected by intellectual property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use being made or intended.
Additionally, Be Casa is not liable for information submitted by the User. As soon as Be Casa becomes effectively aware that it is hosting inaccurate or incorrect data, it agrees to act diligently to remove it or make access to it impossible. The User accepts that, if they make decisions based on the information provided on the Website, the responsibility is solely theirs, and they cannot make any claim against Be Casa for the consequences of those decisions.
Content and services linked through the Website Content and services linked through the Website
The Website access service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, “Linked Sites”). If the User considers that a Linked Site contains illegal or inappropriate content, they may inform Be Casa, although such communication will in no case entail any obligation to remove the relevant link. The existence of Linked Sites in no case should imply the formalisation of agreements with their owners or operators, nor the recommendation, promotion or identification of BE CASA with the statements, content 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 who is responsible for accepting and checking each access whenever they use them. This Legal Notice and Conditions of Use refer solely to this Website and Be Casa’s content and, under no circumstances, apply to links or to third-party websites accessible through the Website.
Additionally, third parties wishing to include a link to this Website on their own website must comply with current legislation and may not host content that is inappropriate and/or illegal. In no case is Be Casa responsible for the content of a third-party website, nor does it promote, guarantee, supervise or recommend its content. If the linking webpage breaches any of the above aspects, it shall be required to remove the link immediately.
Intellectual and industrial property Intellectual and industrial property
All Website content — including, by way of illustration and not limitation, texts, photographs, graphics, images, icons, technology, software, links, the Be Casa trademark and other audiovisual or sound content, as well as their graphic design and source code and other elements appearing on the Website — is the exclusive property of Be Casa or of third parties who have duly authorised its use. Likewise, all trade names, trademarks or distinctive signs of any kind contained on the Website are protected by applicable law.
Be Casa does not grant any kind of licence or authorisation of personal use to the User over its intellectual and industrial property rights or any other rights related to its Website and the services offered there. Accordingly, the User acknowledges that the reproduction, distribution, marketing, transformation and, in general, any other form of exploitation, by any procedure, of all or part of the content of this Website constitutes an infringement of Be Casa’s or the rightful owner’s intellectual and/or industrial property rights.
3. General booking and contracting terms and conditions
The purpose of these terms is to regulate the general conditions of the temporary accommodation booking services (long or short stays) and their contracting through this page. Both the accommodation booking service at any of the establishments and any other service offered on this website are governed by these terms of use, which integrate and complete the Legal Notice.
The use of these services shall imply full and unreserved acceptance of each and every one of the General Contracting Conditions set out in the most recent updated version of this section.
The company that owns the website informs that the procedures for obtaining the services offered are those described in these General Booking and Contracting Conditions, as well as any other specific or promotional services that may be indicated on the screen during navigation, so that you declare that you know and accept these procedures as necessary in order to contract the services offered on this Website.
The owner of the website reserves the right to unilaterally and without prior notice modify any of the points set out in these General Conditions in the way it deems appropriate, informing users of the modifications made through the Website, so they can be known and accepted again by the Users.
If one of the provisions of these General Conditions is declared null or inoperative, the rest of the General Conditions shall remain on the agreed terms.
The User must use this service in accordance with the Law, morals, good customs and public order and in accordance with the provisions of these General Conditions for online booking. Consequently, the User is obliged not to use these services for unlawful purposes and/or contrary to the provisions of these General Conditions, that may harm rights and/or that infringe upon the interests of third parties or that, in any way, may damage the owner’s services and/or its own image.
3.2. Use of the booking service for daily stays via the online engine 3.2. Use of the booking service for daily stays via the online engine
This daily booking service via an engine is managed by an external company called LAVANDA VENTURES LTD., of English nationality, with registered office at 1 Long Lane, London, SE1 4PG, United Kingdom, with VAT Number GB203361357 and Registered in England and Wales under registration number 09059982. The provision of management and administration services privately is carried out through an online booking-engine system called “LAVANDA” for daily stays in the various apartments managed by Greystar; this system allows the customer to make a booking directly and conveniently through the Website: www.becasaapartments.com, and will also act as the email service provider for the application generated during the booking process and will handle the maintenance of this booking engine.
For more information on the LAVANDA booking-engine system and its security policy, see https://getlavanda.com/policy/security.
3.2.1. Booking conditions and contracting procedure 3.2.1. Booking conditions and contracting procedure
The User/Client will fill in their details on a booking form for daily stays at any of these apartments, on which a check box will appear at the end with the contracting conditions for this type of booking, for the Client to accept if they agree.
Such contracting Conditions must be accepted (via the validation box) by the Client for the online contracting to be considered effectively formalised.
Once the User has filled in the form with all their details and submitted it, they will immediately receive booking confirmation by email, in which a booking confirmation number will be assigned. This email serves as confirmation and as proof of the booking. Payment for the daily stay booking is made by advance payment, so the amounts will be paid upon acceptance of the booking form.
3.2.2. Cancellation policy 3.2.2. Cancellation policy
Bookings made through this Website are guaranteed by the credit/debit card provided by the Client/User on the form. Bookings via this Website are under prepayment or non-refundable conditions, so cancellation will incur the penalty of the full amount paid in advance.
Failure to show up for check-in will result in immediate cancellation of the booking.
If the customer, during their stay at the apartment, decides to leave before the contracted stay ends, the full stay amount paid will be penalised.
To cancel an online booking, it must be done in writing, by emailing Be Casa’s email address (info@becasaapartments.com).
3.2.3. Prices 3.2.3. Prices
Apartment prices are set per day and include VAT, and are those shown on this Website.
4. Advertising
The Website may host advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws that may be applicable in each case.
Be Casa shall not be held responsible for any error, inaccuracy or irregularity that may appear in sponsors’ advertising content and, in any case, to file any claim related to advertising content inserted on this Website, you may contact Be Casa via the means indicated at the beginning.
5. Personal Data and Cookies Protection
The Privacy Policy includes all the information needed to understand the processing that Be Casa will carry out of the personal data provided by the User through the different forms located on this Website. Please carefully read this legal text before providing us with your personal data.
Regarding the use of cookies and similar technologies, you will find all the information about the use that Be Casa and/or third parties make of those technologies in the Cookies Policy. This policy will inform you about their installation, as well as the possibility of configuring and/or refusing them.
Notice for the user
Entering incorrect or incomplete data in our different forms may prevent us from contacting you. To avoid this situation, the personal data and other information you provide must be accurate and up to date. Be Casa is understood to be authorized to process this data under the conditions reported in the privacy policy.
6. Invalidity and ineffectiveness of the clauses
If any clause included in this Legal Notice and Terms of Use is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect that provision or the part of it that is null or ineffective, with this Legal Notice and Terms of Use remaining in force for everything else, with that provision being considered totally or partially as not included.
7. Applicable Legislation and Competent Jurisdiction
This Legal Notice and Terms of Use are governed by Spanish common law. If the User is a consumer, these Terms of Use and Service shall also be subject to any applicable local legislation.
Any dispute that may arise from the use of the Platform or from this Legal Notice and Terms of Use shall be submitted to the competent courts of the city of Madrid (Spain), and in the event that the User acts in their capacity as a consumer, to the court of the address corresponding to the User/consumer.
Users, when acting in their capacity as consumers, may also submit any dispute arising from or related to this Legal Notice and Terms of Use to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be consulted at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Notwithstanding the above, Be Casa does not commit to nor is obliged to take part in online dispute resolution processes before the consumer arbitration body.