These provisions regulate the use of the service provided in the Internet portal: www.hire-bedlinen.com, (hereinafter, the “Platform” or the “Portal”), which ABAHANA VILLAS, S.L.U., the owner of the Alquila-Sábanas brand, makes available to all Internet users.
ABAHANA VILLAS, S.L.U., is a Spanish company with registered offices in Moraira (Alicante), Ctra. Moraira-Calpe, 193 - 03725,. Its Tax ID (N.I.F.) number is B-53977450, and it is registered in the Commercial Registry of Alicante (hereinafter, “Alquila-Sábanas”).
As defined in the Platform, these general Terms and Conditions (hereinafter, the “General Terms and Conditions”) will govern the relationship between the user and Alquila-Sábanas vis-à-vis the provision of all services related to the rental, delivery and collection of products marketed on its Portal.
ARTICLE 1. PURPOSE OF THE CONTRACT
The purpose of this contract is the rental of products for holiday stays for a specific period of time in exchange for a specific fee, depending on the length of said stay, as determined in the tariff table (hereinafter, the “Service”).
ARTICLE 2. ACCEPTANCE
Access to the website is free of charge, other than for the cost of connecting to it through the telecommunications network provided by the user’s contracted access supplier.
Use of the Portal confers the condition of user of the Portal (hereinafter, the “User” or “Users”) and implies acceptance of all the conditions included in this document.
The conditions governing the provision of the Platform Service are limited, with respect to their duration, to the time the User is connected to the Portal or to any of the services that are provided through it. It is therefore recommended that the User reads these General Terms and Conditions every time they choose to use the Portal, given that they may be periodically modified.
The User declares that, having read and accepted the General Terms and Conditions, they confirm that they are of legal age and that they have sufficient legal capacity to procure this service by signing the Contract in their own name and/or in representation of their Company (hereinafter, the “Contract”).
ARTICLE 3. E-COMMERCE
The price of our Products is the price shown at any given time on our website.
Should an error be detected in the price applied to an article after we have received an order, we will contact the User as soon as possible to inform them of the incident and to offer them the option of cancelling the order or keeping it under with the correct conditions. Receipt of an automatic confirmation does not validate incorrect price conditions. In the event of cancellation, any amount that may have been paid will be returned to the User. We will not proceed with the delivery until we have received your express agreement to the correct price conditions.
ARTICLE 4. ORDER
Requests for the Services described herein will be exclusively carried out through the website www.hire-bedlinen.com. It is not possible to place orders by phone, email or by any other means other than as described above.
It is the User who determines which Products they need for their stay. Under no circumstances will Alquila-Sábanas be responsible for any quantities and/or sizes selected by the User in their order, should they not meet the final needs of the user.
If, once the User has placed their order, they realise that said order is going to be insufficient in that it does not meet all or part of their needs, the User must place a new order subject to and in line with the standard conditions governing delivery times and fees. Alquila-Sábanas may not be charged for the amount of and/or any expenses arising from the new order.
The different stages of such orders are as follows:
1. For each order, the User will provide us with their delivery address, as well as their holiday arrival and departure dates.
2. Alquila-Sábanas will inform the User of the price currently applicable to each type of Product or Products.
3. The User will select the type of product they require and introduce the amount and sizes that correspond to their needs.
4. Based on their selection, the User will be informed of the final total price which will include tax and delivery and collection fees.
5. The User must confirm the selection and the total cost of the Service. Subsequently, they must let us know when we should deliver and collect the Products, their mobile phone number (required to ensure that the rental service runs smoothly), as well as their invoicing details.
6. The User will pay for their order with a credit or debit card, via the BBVA safe payment system.
7. The User will receive an email validating and confirming the order placed through the Platform.
The Contract will not be fully effective if any of the stages described above (hereinafter, the “Stages of the Order”) are not completed correctly.
The user agrees and undertakes to truthfully provide us with their personal details, to ensure that they are correctly identified or identifiable, as well as their contact details and the address for delivery and collection of the Products. Alquila-Sábanas will not be liable under any circumstance for non-compliance or delays in the delivery of the Products should the information provided by the User be incorrect or incomplete. Alquila-Sábanas will not therefore be responsible for any additional transport costs that may arise as a result and it will therefore be the responsibility of the User, who will in turn accept the associated costs.
ARTICLE 5. CONTRACT DURATION
The rental Contract is established for a strictly determined period, based on a date and time of delivery and on a date and time of collection, which will be precisely defined by the User when placing their order for the Products (hereinafter, the “Period”).
The User is expressly informed that, should the initially determined rental Period be exceeded, if said Period were to expire without a new order being duly formalised for the additional time required, the User will be charged an additional price equivalent to the number of additional days used, without prejudice to them being charged an extra fee for failure to comply with the delivery deadline, as a penalty to cover all associated administrative and transport costs.
Similarly, the User is expressly informed that the early return of the Products does not entail any discount whatsoever in the price set when the order was placed.
ARTICLE 6. DELIVERY CONDITIONS
The Products will be exclusively enjoyed in one of the geographic sectors referred to in the Service on offer, for the number of days, quantity and type of Product items selected when placing the order on the Platform.
Deliveries will take place on the date shown on the booking form (invoice).
The rental Contract for the Products will only be considered to have been duly formalised once the User has completed the process of the Stages of the Order through the Platform and once they have received the confirmation email sent by Alquila-Sábanas.
Alquila-Sábanas will not accept the order until it has verified payment by the User and until it has checked that it has sufficient Products in stock.
Alquila-Sábanas reserves the right not to accept or validate the User’s order, due to the capacity of its available stock, until 24 hours after the order has been placed. Should Alquila-Sábanas have to cancel an order, it will automatically send an email to the User with a request for confirmation of receipt and reading to ensure that the User is duly notified of the fact that their order has been cancelled, with the automatic refund of the amount paid.
The communication duly sent by Alquila-Sábanas to the User regarding the cancellation of the order shall entail the express waiver by the User of any claim for compensation for such cancellation.
The User can place an order through the Platform up to 1 day before the scheduled delivery date, subject to the confirmation of the order by Alquila-Sábanas and its stock of available Products.
Alquila-Sábanas or its service provider will deliver the order to the address provided by the User in the order and on the date and at the time specified therein. Should any difficulty arise, Alquila-Sábanas or their service provider undertake to inform the User as quickly as possible, by contacting the User at the contact number provided by them when placing the order. If the contact details are wrong or incorrect, Alquila-Sábanas or their service provider will not be responsible for the non-delivery of the Products to the User, due to their not having provided the correct contact details.
It is recommended that the User checks the Products delivered when they receive the order. In any case, any discrepancies between the Order placed and the Products received must be communicated in writing, within 24 hours of receipt of the order and sent by email to email@example.com. If this is not done, it will be considered that the delivery has been carried out correctly and that the order meets the User’s approval.
ARTICLE 7. LACK OF STOCK
If the reserved Products are not available or are not delivered within the specified deadlines, due to lack of stock, difficulty in supplying the Product, or market reasons, among others, Alquila-Sábanas shall advise the User accordingly and suggest a replacement by other Products of the same price and quality. In this case, the User may accept the suggestion, giving rise to a new contract, or they can alternatively cancel their booking, in which case the amount of the order will be reimbursed to their personal account.
ARTICLE 8. CONDITIONS GOVERNING THE RETURN OF PRODUCTS
Once the rental period for the Products has expired, the User must return the Products to Alquila-Sábanas or to its service provider within the delivery period established in the order and always within the time slots established in the Portal.
The User will otherwise be exposed not only to additional prices for extended rentals, but also to the application of an additional travel surcharge as specified in the order confirmation email and at the end of this document.
ARTICLE 9. USER’S RIGHT TO CANCEL
In compliance with Articles 102, 107.2 and 108 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Act for the Defense of Consumers and Users and other complementary laws, the User has the right to cancel the validated order within a period of 14 calendar days without having to give any reason or incurring in any cancellation fees, provided that the cancellation is made within 48 hours of the delivery. Any cancellation that presents proper justification and is made within 48 hours of the delivery will also be exempted from any cancellation fees.
ARTICLE 10. CONDITIONS OF USE OF THE PRODUCTS
The Products remain the exclusive property of Alquila-Sábanas throughout the term of the rental Contract.
The Products may not be transferred to third parties or transported outside the place of use defined in the order without prior notice to and the subsequent authorisation of Alquila-Sábanas.
The User may not obtain an economic benefit from the use of the Service, other than that which derives from these General Terms and Conditions, nor may they use their status as a User to carry out any business, professional, or economic activity the purpose of which is to resell the Service provided by Alquila-Sábanas or to in any other manner exploit the Service for other purposes.
The User is responsible, in their capacity as a renter, for the rented Products until the time of their return and the consequent termination of the rental period. The User shall take all possible care in the preservation of the Products and shall only use them for their intended use within the property to which each product is allocated.
The User is solely responsible for any unusual wear or tear, loss, theft or destruction, or any damage caused by anything that can be attributed to negligent use (such as, but not limited to, burns, tears, excessive dirt, improper use, etc.) of the Products. Damage, tears, etc., to the Products will entitle Alquila-Sábanas to charge the User an Extra Fee for serious deterioration of the Product as specified in the order and at the end of this document.
ARTICLE 11. TERMS OF PAYMENT
The prices for the rental of the Products are itemised once the order has been concluded and a summary thereof is sent to the User by email.
The User’s invoice, as well as the method of payment and the price are detailed in the email that the User will receive as their order confirmation. The User will be able to download the invoice that corresponds to the order via the confirmation email they are sent.
Payment of the order shall be made by credit or debit card through the Redsys secure payment system, which is used by the vast majority of Spanish banks.
ARTICLE 12. EXCLUSION OF LIABILITY
Under no circumstances will Alquila-Sábanas be liable for any bodily, material, immaterial, direct or indirect damage that the User, their employees or any third parties may suffer due to an abnormal or improper use of the Products provided to the User.
ARTICLE 13. INTELLECTUAL PROPERTY
No User of the Platform is authorised to download or modify all or part of the Platform and, in particular, its content (listed products, descriptions, images, videos, etc.), or to use the Platform, its contents or the internet address itself for any purpose other than the direct contracting of services. It is forbidden to insert hyperlinks to the Platform, whether to its home page or to any other content, without prior authorisation from Alquila-Sábanas.
All trademarks, distinctive signs, and intellectual and industrial property rights published on the Platform are the property of Alquila-Sábanas.
The User is therefore obliged to respect the intellectual and industrial property rights of Alquila-Sábanas, and under no circumstances may they use said intellectual and industrial property rights that appear on the Platform, nor may they register a trademark that competes with or is harmful for the owner of such rights.
ARTICLE 14. PERSONAL DATA PROTECTION AND COOKIES
ARTICLE 15. APPLICABLE LAW AND COMPETENT COURT
This Contract shall be governed by and construed in accordance with Spanish law. In order to exercise any actions, exceptions and incidences that may correspond to Alquila-Sábanas and the User on account of the Contract or the applicable laws, both substantive and procedural, the parties expressly submit to the Courts and Tribunals of the city of Denia, waiving their own jurisdiction and domicile should they be different.
1. Fee for serious deterioration of the product: Cost of the price invoiced to the client X 3.
2. Additional travel surcharge: €XX