General Conditions of Contract

GENERAL CONTRACTING CONDITIONS

WEB: https://apartamentosearra.eus/

COMPANY NAME: EARRA SERVICIOS TURIST S.L.

1.-GENERAL INFORMATION

The ownership of this website, https://apartamentosearra.eus/, (hereinafter APARTAMENTOS EARRA – ZARAUTZ) is held by: EARRA SERVICIOS TURIST S.L., with CIF: B10617397 and registered in the Commercial Registry of GIPUZKOA; and its registration details are: Volume 3048, Book, Folio 199, Sheet SS-44882 and Entry 1, and whose contact details are:

• Address: CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA.
• Contact phone number: 621 079 279
• Email: info@apartamentosearra.eus

This document regulates the Terms and Conditions governing this website https://apartamentosearra.eus/ for the contracting of the services offered. In addition to taking these Terms and Conditions into account, please read our Legal Notice, Cookie Policy, and Privacy Policy before accessing, browsing, and/or using this website.

For the purposes of these Conditions, the activity that EARRA SERVICIOS TURIST S.L. carries out is:

• Apartment rental.

By using this website and contracting any of our services, the user agrees to be bound by these Terms of Service and therefore all of the aforementioned. If you do not agree, you should not use, browse, or utilize this website.

Likewise, you are informed that these Terms and Conditions may be modified. The user is responsible for consulting them each time they access, browse, and/or use https://apartamentosearra.eus/, as those in effect at the time the services are contracted will apply.

If you have any questions regarding these General Conditions, please contact EARRA SERVICIOS TURIST S.L. using the contact information provided above or by using the contact form.

2.- THE USER

Access, browsing and use of https://apartamentosearra.eus/ confers the status of User, whereby all the Conditions established therein are accepted from the moment browsing on https://apartamentosearra.eus/, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal provisions.

The user assumes responsibility for proper use of https://apartamentosearra.eus/. This responsibility extends to:

• Make appropriate use of https://apartamentosearra.eus/ to make inquiries and contract legally valid services.
• Do not make any false or fraudulent purchases. If APARTAMENTOS EARRA – ZARAUTZ deems any such transaction to be fraudulent, it may be canceled and the relevant authorities may be informed.
• Provide truthful and lawful data.

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through https://apartamentosearra.eus/.

3.- HIRING / RESERVATION PROCESS

To make any purchase at https://apartamentosearra.eus/, the User must be of legal age.

Users duly registered at https://apartamentosearra.eus/ must follow the online contracting procedure established by APARTAMENTOS EARRA – ZARAUTZ.

The steps to follow to contract services are:

1. Select your arrival and departure dates, accommodations, and number of people.
2. Check availability on the selected date.
3. View the available options and click on the one you want.
4. Select one of the two options, non-refundable or standard, and click on reserve.
5. Complete the minimum information to make the reservation.
6. Select the payment method.
7. Complete the payment details.
8. Complete the reservation.

The User must complete and verify the information in each step. The requested data may be modified before making the payment. If modification is not possible, please contact us and inform us of the incident that has arisen.

The user will then receive a receipt or confirmation of the transaction via the email address provided to APARTAMENTOS EARRA – ZARAUTZ.

4.-AVAILABILITY

All services shown on https://apartamentosearra.eus/ are subject to availability at the time of the website visit. Their availability will be constantly updated, thus displaying the available units as accurately as possible at APARTAMENTOS EARRA – ZARAUTZ.

If there are any difficulties when making a reservation or if there are no available dates, APARTAMENTOS EARRA – ZARAUTZ undertakes to contact the user and reschedule the date or refund any amount paid.

5.-PRICES AND PAYMENT

The prices displayed on https://apartamentosearra.eus/ are final, in Euros (€) and include taxes.

especially those relating to VAT.

Under no circumstances will APARTAMENTOS EARRA – ZARAUTZ automatically add any additional costs to the price of the contracted services, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but the changes reflected will not affect orders or purchases that the User has placed, has proof of purchase, and has not been completed.

We offer different payment methods:

a. By credit or debit card

You can make your payment immediately through our bank’s secure SSL payment gateway. If any refund or order cancellation is necessary, the amount will be refunded to the same payment card. Credit cards are subject to verification and authorization by the issuing bank. APARTAMENTOS EARRA – ZARAUTZ will not be responsible for any delays or non-deliveries due to this reason.

By clicking on “Authorize Payment” or “Confirm Payment” the User guarantees that the credit card is his or hers or that he or she is the legitimate holder of the gift card or the credit card.

b. By bank transfer

By cash deposit or bank transfer to APARTAMENTOS EARRA – ZARAUTZ, indicating the customer’s name and order number at the time of transfer. Reservations made via this method will be held for 48 hours after confirmation. Once payment is received, the reservation will be processed. If not received within this period, the reservation will be cancelled.

6.-TECHNICAL MEANS TO CORRECT ERRORS

If the User detects that an error has occurred when entering the data necessary to process the purchase request on https://apartamentosearra.eus/, they may modify said data by contacting APARTAMENTOS EARRA – ZARAUTZ through the means enabled to contact customer service.

Furthermore, this information may be modified by the User in his or her personal section or area.

Likewise, the User is referred to consult the Legal Notice and Terms of Use for more information on how to exercise the Right to Rectification as established in Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights.

7.- RIGHT OF WITHDRAWAL

The User, in accordance with Articles 68 and 102 of Royal Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users, has the right to withdraw, with a minimum period of 14 calendar days without the need for justification.

To exercise this right, the User must notify APARTAMENTOS EARRA – ZARAUTZ of their decision. They may do so, where appropriate, through the contact spaces available at https://apartamentosearra.eus/ or via:

• Address: CALLE XABIER LIZARDI 13 BAJO A, SAN SEBASTIAN, 20018, GIPUZKOA.
• Telephone: 621 079 279
• Email: info@earratours.eus

Regardless of the means the User chooses to communicate the exercise of their right, they must clearly and unequivocally express their intention to withdraw from the contractual relationship. In any case, the User may use the withdrawal form provided by APARTAMENTOS EARRA – ZARAUTZ, although its use is not mandatory.

In the event of withdrawal, APARTAMENTOS EARRA – ZARAUTZ will refund the User all payments received, provided the cancellation is made within the last 5 calendar days of the reservation, using the same payment method used, without undue delay. If cancellation is made less than 5 days in advance, a penalty equal to 50% of the total reservation amount will apply.

If you select the NON-REFUNDABLE RESERVATION option, your reservation cannot be cancelled.

8.- EXEMPTION FROM LIABILITY

Unless otherwise provided by law, APARTAMENTOS EARRA – ZARAUTZ will not accept any liability for the following losses, regardless of their origin:

• Any loss that is not attributable to any breach on your part.
• Business losses.
• Indirect losses that were not reasonably foreseeable by both parties at the time the purchase agreement was entered into.

Likewise, APARTAMENTOS EARRA – ZARAUTZ only limits its liability to the following cases:

• APARTAMENTOS EARRA – ZARAUTZ applies all measures to provide a faithful image of the product on https://apartamentosearra.eus/, however, it is not responsible for any minor differences or inaccuracies that may exist due to the lack of screen resolution, or problems with the browser used.
• APARTAMENTOS EARRA – ZARAUTZ will act with the utmost diligence to make the product ordered available to the company in charge of transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially strikes, roadblocks, and any other incidents inherent to the sector, resulting in delays, loss, or theft of products.
• Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Lack of availability of https://apartamentosearra.eus/ for maintenance or other reasons, which prevent the service from being available. APARTAMENTOS EARRA – ZARAUTZ makes every effort to carry out the complete product purchasing process. However, it is exempt from liability for causes beyond its control, such as acts of God or force majeure.
• APARTAMENTOS EARRA – ZARAUTZ will not be liable for any misuse and/or wear and tear of products used by the User. APARTAMENTOS EARRA – ZARAUTZ will also not be liable for any incorrect returns made by the User.
• In general, APARTAMENTOS EARRA – ZARAUTZ will not be liable for non-compliance or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond our reasonable control, that is, due to force majeure.

9.- NULLITY

If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force and will not be affected by said declaration of nullity.

10.- DATA PROTECTION

Any personal information or data that the User provides to APARTAMENTOS EARRA – ZARAUTZ during a transaction on https://apartamentosearra.eus/ will be processed in accordance with the Privacy Policy, General Conditions, and Legal Notice. By accessing, browsing, and/or using https://apartamentosearra.eus/, the user consents to the processing of said information and data and declares that all information and data provided is truthful.

11.-APPLICABLE LEGISLATION

Access, navigation, and/or use of https://apartamentosearra.eus/ and the contracts for services provided through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of https://apartamentosearra.eus/ or with the interpretation and execution of these Conditions, or with the contracts produced between the User and APARTAMENTOS EARRA – ZARAUTZ, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

12.- CLAIMS AND COMPLAINTS

The User may send APARTAMENTOS EARRA – ZARAUTZ any complaints, claims, or any other comments they wish to make using the contact information provided at the beginning of these General Conditions.

In addition, APARTAMENTOS EARRA – ZARAUTZ has return and complaint forms for any disagreement the User may have.

13.- EXTRAJUDICIAL CONFLICT SYSTEM

APARTAMENTOS EARRA – ZARAUTZ offers Users an Extrajudicial Dispute Resolution procedure that allows them to file a claim by completing an electronic form and will offer them the option to attach the relevant documents. Users can initiate the procedure by following the following link: https://cec.consumo.gob.es/CEC/web/noticias/litigios_linea.htm.