General Terms and Conditions
General Terms and Conditions of Booking
1. Introduction
1.1. The following text sets out for users interested in making a booking (hereinafter, the “Guest”) the general terms and conditions for the online booking services for tourist rentals (hereinafter, the “General Terms and Conditions” or the “Contract”), which will govern the contracting procedure between Amazinn Places, a registered trademark of COLIVINN SPAIN BUSINESS, SL, S.L., located in Madrid, Spain (hereinafter “Colivinn”), and the Guest.
1.2. The Guest is informed of these General Terms and Conditions of Contract, which the Guest has read before starting the booking procedure, and by which the Guest undertakes to accept them fully and without reservation, as well as any specific conditions that may apply.
1.3. COLIVINN keeps the electronic document in which these General Terms and Conditions are formalised. The Guest may access it on request by sending an e-mail to info@amazinnplaces.com.
1.4. Users are hereby informed that COLIVINN may modify the content of these General Terms and Conditions and of any specific conditions that may apply at any time and without prior notice, informing the Guest of such modification.
2. Identification of the parties
2.1. The party responsible for the contractual offer is COLIVINN SPAIN BUSINESS, SL, S.L. (hereinafter, “COLIVINN”), with registered address at Calle San Bernardo 23, 28015 Madrid. If you wish to contact COLIVINN, the contact telephone number is (+34) 653 71 34 16 (from 10:00 to 19:00, on weekdays that are not local public holidays) and our e-mail address is info@amazinnplaces.com
2.2. The Guest is the purchaser of the services available on the platform and must be over 18 years of age and have full legal capacity to enter into binding contracts. You undertake to provide proof of your age on request. All persons under 18 years of age must be accompanied by one of their parents or a legal guardian throughout their stay.
3. Purpose
3.1. The purpose of these General Terms and Conditions is to establish the legal conditions applicable to the procedure for contracting online booking services for tourist accommodation between COLIVINN and the Guest, and they shall constitute the Contract between COLIVINN and the Guest.
4. Language
4.1. The contract shall be concluded in Spanish.
5. Characteristics of the services
5.1. In COLIVINN’s e-commerce environment, the Guest may search for the accommodation that best suits their preferences by selecting the location, dates, number of bedrooms and other filters that refine the search results, and book the accommodation for a specific period of time.
5.2. The accommodation offered by COLIVINN (hereinafter the “Property” or the “Accommodation”) is considered holiday rental housing, as it consists of flats, apartments or houses that, furnished and equipped for immediate use, are marketed and promoted through tourism channels to be let in their entirety by their owner to third parties for tourist accommodation purposes in exchange for a price.
5.3. The provision of accommodation services in tourist apartments and holiday rental housing shall be carried out under the principle of single operating unit, for a price, on a professional and regular basis, and not as a permanent residence.
5.4. For all the above reasons, the Guest is informed that this is in no case an urban lease, and the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos) is excluded from the scope of these General Terms and Conditions.
6. Booking procedure
6.1. The Guest must provide their details and indicate the dates, number of people and city in which they wish to make the booking. Where users can provide data, our data collection procedure allows errors to be checked and corrected at any time.
6.2. The Guest must select the accommodation they are interested in and proceed to pay for it, having first accepted these Terms and Conditions of Contract.
6.3. Once these Terms and Conditions have been accepted, the payment gateway page will open so that the Guest can make the booking and complete the purchase. Payment may also be made by bank transfer when COLIVINN has indicated this by telephone or e-mail.
6.4. When a booking and the corresponding payment are made, a contract is created between the Parties in accordance with the terms set out in these General Terms and Conditions.
6.5. The booking shall be binding on the Guest. It may be made either online or by telephone.
6.6. If the booking is made online, by clicking on “I have read and accept the General Terms and Conditions with obligation to pay”, the booking is considered binding on the Parties.
6.7. If the booking is made by telephone, it shall become binding once the Guest receives confirmation by e-mail, at the address provided to our team, with the details of the booking.
6.8. Regardless of how the booking is made, COLIVINN shall send the Guest an e-mail confirming the booking within a maximum of 24 hours, indicating that it is being processed and containing the details of the contract.
6.9. Between 48 and 12 hours before arrival at the Accommodation, the COLIVINN team will contact the Guest to coordinate their arrival and make sure everything is to their satisfaction. We will also recommend some additional services, such as airport transfers, to make the stay easier.
6.10. If you have any incidents or questions, COLIVINN provides the following e-mail addresses:
infomadrid@amazinnplaces.com
infopanama@amazinnplaces.com
infomexico@amazinnplaces.com
infovalencia@amazinnplaces.com
7. Price and availability of the services
7.1. The full final price of the accommodation booking includes a breakdown of taxes, cleaning fees and any additional costs applicable at that time. However, please note that additional costs may arise later if extra services, such as transfers or similar, are requested.
8. Payment method
8.1. Payment by credit or debit card is offered. To make the payment, the User will be redirected through a connection to Redsys, Banco Santander, Stripe or PayPal, where they must enter their details to complete the payment.
9. Performance and duration of the contract
9.1. Once the Guest has completed the contracting process and paid, and COLIVINN has confirmed the booking, the Guest shall be deemed to have booked the accommodation for the selected dates.
9.2. This contract shall remain in force for as long as both parties have to fulfil the obligations they undertake under these Terms and Conditions.
10. Obligations of the Guest
10.1. The Guest undertakes, by way of example but not limitation, to:
a. OCCUPY THE ACCOMMODATION FOR ALL THE DAYS OF THE RENTAL. IF THE GUEST LEAVES THE ACCOMMODATION EARLIER THAN PLANNED, THERE WILL BE NO REFUND. THE OTHER OCCUPANTS SHALL BE FAMILY MEMBERS, FRIENDS AND/OR OTHER RESPONSIBLE ADULTS OVER 18 YEARS OF AGE OR, OTHERWISE, MUST BE ACCOMPANIED BY THEIR MOTHER/FATHER OR LEGAL GUARDIAN. YOU AGREE TO BE SOLELY RESPONSIBLE FOR YOUR ACTIONS AND THE ACTIONS OF ALL FAMILY MEMBERS, GUESTS AND ANY AUTHORISED PERSON (COLLECTIVELY, “OCCUPANTS”) PRESENT AT THE PROPERTY AT ANY TIME DURING YOUR STAY, AND TO ENSURE THAT ALL OCCUPANTS UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS.
b. COMPLY WITH THE CODE OF CONDUCT:
i. BEHAVE WITH THE UTMOST CIVILITY, RESPECTING THE SURROUNDINGS, THE NEIGHBOURS AND CLEANLINESS, AND TAKE CARE OF THE ACCOMMODATION AS IF IT WERE YOUR OWN.
ii. RESPECT THE RULES OF THE OWNERS’ ASSOCIATION.
iii. RESPECT THE RULES ESTABLISHED IN EACH PROPERTY (NO SMOKING, NO PARTIES, NO ANIMALS, CHECK-IN AND CHECK-OUT TIMES, ETC.)
iv. RESPECT THE OCCUPANCY OF THE ACCOMMODATION STATED IN THE BOOKING DETAILS. THE OWNER OR COLIVINN MAY REFUSE ENTRY TO THE ACCOMMODATION IF THE PERMITTED NUMBER IS EXCEEDED. IF THE GUEST EXCEEDS THIS CAPACITY, AN EXTRA CHARGE OF €50 PER NIGHT WILL APPLY AND THE GUEST MAY BE EVICTED.
v. INFORM COLIVINN IMMEDIATELY OF ANY DAMAGE TO THE PROPERTY. WE WILL TAKE REASONABLE STEPS AS SOON AS POSSIBLE TO REMEDY ANY REPORTED PROBLEM.
vi. ALLOW COLIVINN OR ANY OF ITS AGENTS ACCESS TO THE PROPERTY FOR NECESSARY MAINTENANCE.
vii. NO SMOKING: SMOKING IS NOT PERMITTED ANYWHERE ON THE PROPERTY (INCLUDING CAR PARKS, TERRACES OR OUTDOOR AREAS) AT ANY TIME.
viii. PETS: NO PETS OF ANY KIND ARE ALLOWED AT THE PROPERTY UNLESS OTHERWISE STATED IN THE BOOKING.
ix. EVENTS AND COMMERCIAL PHOTOGRAPHY: EVENTS AND COMMERCIAL PHOTOGRAPHY OR FILMING AT THE PROPERTY ARE PROHIBITED WITHOUT THE EXPRESS WRITTEN AUTHORISATION OF COLIVINN (IF AUTHORISED, ADDITIONAL CONDITIONS AND CHARGES MAY APPLY). NO TENTS OR STRUCTURES MAY BE SET UP AT THE PROPERTY WITHOUT OUR EXPRESS WRITTEN AUTHORISATION.
c. NOT SUBLET, LEND OR SHARE THE PROPERTY WITH THIRD PARTIES.
d. PAY THE SECURITY DEPOSIT ACCORDING TO THE CONDITIONS OF EACH BOOKING.
e. PAY THE CLEANING FEE ACCORDING TO THE CONDITIONS OF EACH BOOKING.
10.2. In the event of negligence or inappropriate behaviour (evidence of VANDALISM, NOISE, DISTURBANCE, JUSTIFIED COMPLAINTS FROM NEIGHBOURS or RECKLESS USE of the Accommodation and its contents), COLIVINN and/or the owner reserve the right to terminate the contract with immediate effect and without prior notice. In this case, COLIVINN shall not be obliged to refund the amount paid by the Guest.
10.3. COLIVINN is not responsible for personal belongings left at the Property by Guests, nor for any items they may have forgotten.
11. Security deposit conditions
11.1. The security deposit to be paid by the Guest may range from €0 to €2,500 and must be paid at check-in.
11.2. If there has been no damage to the Accommodation, COLIVINN will refund the full deposit within one week after the Guest checks out.
11.3. If there has been damage to the property, it will be assessed and deducted from the deposit. If the cost equals the deposit, there will be no refund, and if it exceeds it, the Guest will be obliged to pay the difference.
12. Cleaning
12.1. The cleaning fee is itemised in the booking price of the Accommodation.
12.2. COLIVINN reserves the right not to refund the full deposit if the property is not left in an acceptable condition after check-out.
13. Check-in and check-out times and key handover
13.1. As a general rule, check-in at the property is from 16:00 and check-out is until 11:00, unless otherwise stated in the description of each property.
13.2. Early check-in and late check-out may be available on request to COLIVINN. However, additional charges may apply.
13.3. If you do not leave the property by the check-out time (or by the late check-out time agreed with COLIVINN), you authorise us to charge the registered credit card up to the amount of one night for the late departure, and we shall be entitled to remove all Occupants and their personal belongings from the Property.
13.4. With regard to the handover of keys or access codes, the COLIVINN team will contact the Guest between 48 and 12 hours before arrival at the Accommodation to arrange it. Otherwise, as a general rule, COLIVINN staff will collect the keys at the accommodation at the scheduled check-out time; if the Guest wishes to leave the accommodation before the scheduled time, they must leave the keys inside.
14. Guarantees
14.1. COLIVINN acts as an independent intermediary between the Guest and the Owners. In the event of an incident, the Guest must contact COLIVINN so that appropriate solutions can be adopted.
14.2. If, for unforeseen reasons not attributable to the Guest, the accommodation cannot be occupied, COLIVINN will offer the Guest the option of:
- A full refund of the booking price.
- Another accommodation of equal or higher standard made available by COLIVINN, with no refund by either party, always subject to COLIVINN’s availability.
15. Procedure for termination of the contract by the User
15.1. The Guest may cancel at any time before accepting these General Terms and Conditions. Once the contract has been concluded, the provisions of the Right of Withdrawal and Cancellations sections of these General Terms and Conditions, or the specific cancellation policy stated in the information for each Accommodation, shall apply.
16. Right of withdrawal
16.1. The Guest may not exercise the right of withdrawal, as this concerns the supply of accommodation services for purposes other than residential use, transport of goods, car rental, catering or services related to leisure activities, where the contracts provide for a specific date or period of performance.
17. Cancellations
17.1. If the Guest wishes to cancel their booking 30 days or less in advance, the cancellation will incur a penalty and the total price will not be refunded to the Guest. These penalties will depend on the following periods, and the following charges will apply:
- From the booking date up to 60 days before arrival: 20% of the total amount of the stay.
- Between 59 and 21 days before arrival: 50% of the total amount of the stay.
- 20 days before arrival: total amount of the stay.
- In the event of a no-show: total amount of the stay.
18. Exclusion of liability
18.1. COLIVINN acts solely as an intermediary and therefore cannot and does not assume any liability for the quality or proper provision of services that must be provided directly by the owners.
18.2. COLIVINN accepts no liability whatsoever arising from improper use by Guests of the online purchase procedure.
18.3. COLIVINN also accepts no liability for any damage, theft or robbery caused by third parties that is not attributable to COLIVINN.
18.4. COLIVINN shall not be liable for any problems caused by circumstances beyond COLIVINN’s control, and/or due to wilful misconduct or negligence on the part of the user, and/or caused by force majeure or fortuitous events.
19. Validity of the contract
19.1. If any of the clauses of these General Terms and Conditions is found to be null or unenforceable, this shall not affect the remaining clauses, which shall remain fully in force.
20. Applicable law and jurisdiction
20.1. Where the regulations allow the parties to choose the applicable law, both parties, expressly waiving any other law that may apply to them, shall be governed by the laws of the place where the company is located, which may be the courts and tribunals of the cities of Madrid, Panama City or Mexico City. Where the regulations allow the parties to submit to a specific jurisdiction, both parties, expressly waiving any other jurisdiction that may apply to them, submit to the Courts and Tribunals of the city of Madrid (Spain).