Booking terms and conditions
When booking a property the following general terms and conditions (hereinafter, the “T&C”) shall become applicable to the booking of a holiday property rental between you (hereinafter, the “Booking holder” and the company PONS & OSTROWSKI SLU (hereinafter, “5StarsHome”). The joint booking and contracting of a holiday property rental through the website www.5starshome.com (hereinafter, the “Website”) are governed by the following legal terms (as well as the applicable legal regulation):
- Legal Notice regarding the use of the Website;
- These booking T&C, that binds 5StarsHome and the Booking holder, regarding the booking and which are applicable from the moment when the booking is formalized and until the time when Tourist rental agreement is signed;
- Tourist rental agreement, that binds the property owner and the Booking holder; and
- The check-In form, that reproduces part of the Contract of holiday property rental and that binds the property owner and the guests (being this the same as the Booking holder or not).
The Booking holder confirms that holds the authority to accept for himself and to make accept all and any of the legal terms above mentioned to and on behalf of all the individuals (hereinafter, the “Guests”) that will make use, during the period of the stay, of the property which represents the object of the booking (hereinafter, the “Property”); that he has read and understood them in all its content, and that becomes subject to the declarations and conditions comprised in all of them.
Without prejudice to the above, the holiday Contract of property holiday rental shall be excluded from the application of the 24/1994 Law on Urban Rentals in accordance to its section 5.e), and under no circumstances shall be considered a housing rental.
- Booking and contracting process.
In order to validly formalize a booking, the Booking holder must be at least 18 year old. The procedure is started when the Booking holder makes a booking application determining the Property, the period, the applicable fees, the additional services and all the other features, and clicking on the “BOOKING” button, so that the application is sent through the Website. Subsequently a confirmation screen will be displayed comprising the request for booking and an order of payment regarding the amount to be paid at the moment of booking.
Once 5StarsHome has received the amount to be paid at the time of booking, an e-mail will be sent to the email address provided by the Booking holder including the booking confirmation, the booking reference, the amount paid in advance, and the rest of the applicable features. Only after the delivery of such email shall be understood that the Booking holder holds a booking valid and in force regarding the Property for the requested period of stay. It shall be understood that no contract between 5StarsHome and the Booking holder exists, and consequently no there won’t be a valid reservation of the Property (and consequently 5StarsHome will not have any obligation towards the Booking holder), until 5StarsHome sends the Booking holder the aforementioned confirmation e-mail.
The booking shall be valid and in force and subject to these T&C at the expense of the valid subscription of a Tourist rental agreement with the Property owner. The Booking holder shall receive via email an electronic contract between the Booking holder and the Property owner which will include all the details regarding the stay and further payments, and which the Booking holder will need to fill, sign and send back via email as a definitive confirmation of the stay and compromise of payment of the rest of the price for the stay.
Subsequently, the Booking holder will be bound to make the following payment of the applicable amount, in accordance to the conditions foreseen in the booking. Finally, the Booking holder shall receive an email with detailed information regarding the access and arrival to the Property, as well as a check-in form that the Guests will need to take with them at the moment of accessing the Property, along with their ID, and duly signed.
5StarsHome, through the website, operates as booking centre and therefore acts solely as intermediary between the Booking holder and the Property owner towards the contracting of the tourist rental of the Property. All the payments performed regarding the booking are received and managed by 5StarsHome for and on behalf of the Property owner, and therefore in the ultimate benefit of this. The access to the Property and the stay will be governed by the Tourist rental agreement between the Booking holder and the Property owner, and will bind direct and exclusively these two parties, being the liability for 5StarsHome restricted to the booking of the Property for the dates of availability offered, estimation and payment of the price, and the valid formalization of the booking through the procedure above described.
2. RATES AND MEANS OF PAYMENT.
The rates of the Properties for a determined period are published for weeks/days and not by number of individuals. Such rates offered through the Website are updated periodically and the new rates replace the preceding. As far as a booking is not requested, the rates are subject to changes and may increase or decrease without previous notice. Consequently, the rate applicable to the stay will be corresponding to the rate in force and shown at the Website at the time of pressing the “BOOKING” button as explained in the Booking and contracting process above detailed. The booking rate, which is inclusive of the services described in the website, shall be increased -as part of the final price of the booking- in the specific rates of the optional services that the Booking holder demands and chooses during the booking process, and will comprise any indirect applicable taxes, such as the case of the value added tax (VAT).
In the event that a tax on vocational stays is applicable, its amount shall be informed at the time of display of the booking application page; and such tax will be included within the amount to be paid by the customer; subsequently, the Booking holder will receive, as part of the e-mail confirming the booking, a breakdown of the sum corresponding to such tax separate from the booking rate. The amount of such tax to be satisfied by the Booking holder may vary depending on the region where the booked Property is located and the applicable regulations; to informative purposes, please find below some links to the informative webs of each region:
BALEARIC ISLANDS, SPAIN: http://www.caib.es/govern/rest/arxiu/2482773
The applicable sum will be included in the total amount to pay for the booking, so that no payment would need to be done at the time of check-in. The Booking holder, once sent the booking application form, will need to pay in advance the amount marked at the Website as previous step for the confirmation of the booking; 5StarsHome will need to receive such amount, as well as the amount corresponding to further payments, free of withholdings, bank or currency exchange commissions of any kind, which will need to be assumed by the Booking holder in any case. The total amount corresponding to the stay will need to be paid by the Booking holder in accordance to the conditions applicable to the payment and the Booking and contracting process, and in any case at least 65 days before the check-in date, except when the booking particular conditions have determined a higher term, in whose case such term will prevail.
The conditions applicable to the optional services will be specifically described for each service under the information icon (identified with the letter “i”) located at the right of the name of each optional service, at the booking page.
3. OPTIONAL SERVICES REGARDING THE CHANGE OF STAY DATES OR PROPERTY SERVICIO OPCIONAL DE CAMBIOS DE FECHA DE RESERVA O DE PROPIEDAD UPON REQUEST OF THE BOOKING HOLDER.
The Booking holder may contract as an optional service the change, for only once, of the stay dates or even the Property object of the booking, subject to availability of dates in the same Property or in the alternative property in the proposed dates (in its case), in accordance to the availability calendar shown at the Website. This service may only be contracted in relation to the bookings formalized 70 calendar days at least in advance to the check in date. Once contracted, and provided that the booking is confirmed, the application of this service may be requested with a previous notice of 65 calendar days to the check in date, by means of written communication to 5StarsHome, as the case may be:
(i) A change in the period of stay foreseen for the same Property, with mention to the alternative dates proposed for the stay, or
(ii) A change in the Property, with a proposal for the alternative Property wished. The price for the alternative Property must be same or higher; in case such price is higher, the Booking holder will be bound to pay the difference complying with the terms and conditions of payment set with the change of Property.
The exercise of the right conferred under this optional service will not allow to returns or reimbursements.
Contracting this optional service is subject to an increase equivalent to 5% of the total price of the booking.
4. CANCELLATION OF THE BOOKING BY THE BOOKING HOLDER. OPTIONAL SERVICE FOR THE CANCELLATION OF THE BOOKING. OTHER EVENTS.
Except in case the optional service for the cancellation of the booking below described, the unilateral cancellation of a booking already confirmed by 5StarsHome (that means, cancellation of all or part of the stay in the Property) by the Booking holder, will not allow the Booking holder return or reimbursement of the amounts paid. Consequently, the Booking holder will lose any amount paid up to the moment when the cancellation is requested, which will remain in deposit by 5StarsHome for its further payment to the Property owner, being the Property available for booking by any other client.
The Booking holder may contract as an optional service la right to cancel all the booking (that means, all the period of the stay), for only once, with the right of full reimbursement of the amount paid at the moment of requesting the booking (except for the fee specifically applicable to this optional service), during the term of the ninety-six (96) hours following the delivery by 5StarsHome of the booking confirmation e-mail. This service may only be contracted in relation to the bookings formalized 70 calendar days at least in advance to the check in date. Once contracted, and provided that the booking is confirmed, the cancellation may be requested to 5StarsHome expressly by written during the mentioned term of ninety-six (96) hours mentioned. Once elapsed this term, 5StarsHome won’t be bound to attend the reimbursement of any amount. Any return or reimbursement will be made to the Booking holder exactly by the same mean of payment whereby such amount was paid in advance to 5StarsHome, not being 5StarsHome obliged to perform it by other mean at the request of the Booking holder.
Contracting this optional service is subject to an increase equivalent to 2,5% of the total price of the booking, increase that won’t be reimbursed in any case. This optional service may be extended for each change of Property under the same terms and conditions, by paying again the percentage of 2,5% of the price of the booking.
Without prejudice to the above, when it is shown as available in the booking page of the Website, the Booking holder may alternatively contract a cancellation insurance with the insurer Intermundial® in order to receive the reimbursement of the 100% in the event of the booking cancellation at any time, subject to the events, terms and conditions applicable under the suitable insurance policy.
Under section 103.l) of the Royal Legislative Decree 1/2007 of 16th November which approves the joint text of the General Law on the Defence of Consumers and Users and other complementary regulations, the right of withdrawal is not applicable to the bookings and vocational rental contracts concluded online through 5StarsHome.
In case the Guests do not show at the expected time of check in at the Property (no show), and provided that the 100% of the booking price has been paid and a tourist rental agreement has been formalized, the booking of the Property shall still be valid and in force available to the Guests until check out time, without any amendment to the booking, and without entitling the Booking holder to return or reimbursement of any kind.
5. CHANGES TO THE BOOKING BY 5STARSHOME.
It is unlikely that 5StarsHome makes changes to the booking as far as any maintenance/repair works on the Properties are planned in advance. However, there is a possibility that it is necessary to make changes to the booking stay period, so that 5StarsHome reserves the right to apply them provided that it is strictly necessary, and will procure that such changes affect as little as possible the stay of the Guests. In such case the Booking holder will be informed as early as possible in advance. In case 5StarsHome is bound, due to causes appeared after the date of booking, to make a change that could affect the essential features of the booking, the Booking holder will be informed as early as possible before the check in date. In case there is an important change (such as a variation or reduction in the quality of the accommodation), the Booking holder will be entitled to accept or not such change. In case the Booking holder does not accept such change, 5StarsHome will produce the cancellation of the booking with the reimbursement of the entire amount paid by the Booking holder, through the same mean used for the payment. In such events 5StarsHome won’t pay any compensation for flight, transportation, alternative accommodation or others in which the client has incurred, except in case of express legal regulation which orders otherwise.
6. CANCELLATION OF THE BOOKING BY 5STARSHOME.
5StarsHome reserves the right to cancel a booking under strictly justified causes. However, such cancellation may not be made during the four (4) weeks previous to the check in date, and this independently to any force majeure events (check condition no. 8) or to any event of breach to the obligation of payment of the final balance or any other kind of breach attributable to the Booking holder. In case 5StarsHome cannot provide the booked Property due to causes beyond its control (urgent structural works on the Property, serious malfunctions or building works), the Booking holder will receive the full reimbursement of the amounts already paid up to the date of cancellation or receive a proposal of alternative accommodation of a similar or higher level (where available). In such events 5StarsHome won’t pay any compensation for flight, transportation, alternative accommodation or others in which the client has incurred, except in case of express legal regulation which orders otherwise.
The rights and obligations granted to the Booking holder regarding the booking may not be object of assignment to any third parties without the previous, express and written consent by 5StarsHome.
8. FORCE MAJEURE.
In case the booking is affected by any circumstances that make substantially impossible the use of the Property due to reasons beyond the control of the parties, not foreseen and unforeseeable, such as the case of war, threat of war, riots, civil conflicts, labour conflicts, terrorist activity, natural disasters, fires, adverse weather conditions or other force majeure circumstances, the booking may be object of cancellation or modification, not being either the client of the Booking holder entitled to a compensation by 5StarsHome for such concept.
9. COMPLAINTS – INCIDENCES.
In case that during the stay the client has a complaint or any incidence to communicate, the Booking holder or the Guests may contact directly 5StarsHome through the following phone numbers: 0034 971 092 397 (from Monday to Saturday, except festivities and Sundays, between 9:00-18:00). Any incidences that require assistance need to be communicated the same day or as latest at 9:00 of the following day in order to solve such incidence. Please do not contact in any case and by your own any technicians or third parties, in order to avoid misunderstandings and/or a delay in the actions required regarding the situation.
In case the solutions provided during the stay are not satisfactory, the Booking holder may present to 5StarsHome a complaint by written within the term of fourteen (14) days following the check out date. Only the claims made in connection to complaints that have been communicated during the stay will be taken into consideration.
It is strictly recommended that the clients have subscribed a (personal) travel insurance during all their holidays stay.
5StarsHome offers through the Website a link to the search engine of companies dedicated to the rent-a-car service. Any booking or contract will be direct between the booking holder and the company which supplies the service, without being 5StarsHome linked by such relation or bound to any obligation for it.
12. TICKETS and DAYTRIPS.
5StarsHome may offer through the Website tickets to events and one-day activities. 5StarsHome does not take part on the organization of events, so that any change or amendment produced belongs to the direct responsibility of the organizer. Once the tickets are acquired, the organizer of the event is responsible towards the client for any changes, in accordance to the applicable terms and conditions pre-established by the organizer.
13.- LAW AND JURISDICTION.
These T&C will be governed by the laws of the Kingdom of Spain. Any matter regarding its application, interpretation and validity will be subject to the exclusive jurisdiction of the Courts of Inca (Spain), except in case the regulations on defence of consumers and users set a different jurisdiction, in whose case such will applicable by mandatory provision.