1. CONTRACTING PARTIES
The conditions herein shall be applicable between the owner or authorised representative (hereinafter the “Owner”) of the holiday accommodation (hereinafter the “Accommodation”) and RENT ALIA HOLIDAYS S.L.U. (“Rentalia”) for the joint objective of attaining (1) promotion of the former party’s Accommodation through the website or App, as appropriate, belonging to Rentalia, and 2) satisfaction of travellers (hereinafter the “Traveller”) , i.e., publicise the Accommodation on offer and render Travellers the best level of service. For the Traveller’s benefit, the Owner and Rentalia coincide in building the best promotion channel for the Accommodation being offered.
2. THE CONTRACT
The Contract between the Owner and Rentalia comprises the following documents, which altogether shall be considered to comprise “the contract”:
2.1. These Service Conditions
2.2. The specific Promotion Plans which the Owner contracts for the Accommodation
2.3. The Legal Notice
2.4. Other conditions contained in the forms that it is necessary to fill out to contract this service.
2.5. These Service Contracting Conditions shall not be applicable to other services that Rentalia offers free of charge to the Owner and/or the Traveller on its Portal, such as by way of example but not exclusively, tourist or beach information, forums, which shall, however, be subject to the Legal Notice.
3. ACCEPTANCE OF THE CONTRACTING CONDITIONS
3.1. By accepting the Service Contracting Conditions herein, the Owner will have access to the promotion plans offered by Rentalia to promote the Accommodation and they will be expressly accepting the conditions set forth in the Legal Notice, which they should read carefully before proceeding, as well as any of the forms it may necessary to fill out to contract this service.
3.2. Once the contracting process has been concluded, the User will receive notification confirming the contracting at the e-mail address they have provided on the form; the Owner may access their advertisements at any time through the Owners’ area.
4. PROMOTION PLANS
4.1. Details of Rentalia’s promotion plans are available at http://www.rentalia.com/owner/prices.php.
4.2. The promotion plans are directed exclusively at Accommodation of a “holiday” nature, the Owners or legal representatives of which decide to make available to third parties through the website, App or any other means which Rentalia may possess in the future.
4.3. The prices of the plans will be given on the URL indicated, which will provide details of all the taxes applicable in each case and at any time.
4.4. The Owner shall pay for the service using the means of payment made available by Rentalia.
4.5. Rentalia, shall, under no circumstances, have access to the banking details associated with the means of payment nor shall these details be recorded during the operation except for those where payment is by direct debit.
4.6. The right to withdrawal from the contract included in Royal Legislative Decree 1/2007, of 16 November, passing the consolidated text of the General Defence of Consumers and Users Act, shall not be applicable by virtue of the exception set forth in article 103 letter m), because the service being contracted here is deemed digital content and publication, i.e. its performance has begun with the User’s prior consent.
5. PAY PER BOOKING PLAN
5.1. Alternatively to the promotion plans described in section 4, the Owner may opt for the Pay Per Booking Plan, as is described at http://es.rentalia.com/owner/prices.php.
5.2. In order to advertise through the Pay Per Booking Plan, it is necessary to activate the bookings engine provided by our collaborator AvaiBook, S.L. (hereinafter AvaiBook) on the advertisement published for the Accommodation. For these purposes the Owner must accept AvaiBook’s specific Conditions of Usage which they shall be shown prior to activating the bookings engine.
5.3. Commission. Under the Pay Per Booking Plan, the Accommodation shall always be published free of charge and Rentalia shall only charge the Owner a commission if a booking is confirmed for their Accommodation. The commission set is described at http://es.rentalia.com/owner/prices.php
5.4. In addition to the commission indicated in section 5.3., the aforementioned Pay Per Booking Plan will incur the following costs:5.4.1. €1 (ex. VAT) as a fixed administration cost for each confirmed booking (cost charged by AvaiBook);5.4.2. A 2% commission fee (on the deposit or any other amount charged through its payment gateway) paid online by the Traveller at the time of placing the booking to cover banking fees (additional 2% for international, non-SEPA, AMEX and B2B cards), not including VAT.
5.5. Cancellations policy. The Owner is responsible for defining the cancellations policy they wish to apply for each Accommodation Unit, and for complying with this for each of the bookings received through Rentalia. The following are the cancellation case types that may occur:5.5.1. Cancellation by the Traveller within the deadline allowed under the cancellation conditions set by the Owner. AvaiBook is the party responsible for reimbursing the Traveller for the Deposit paid, minus administration and bank charges (1% of the booking + 2% of the Deposit or any other amount charged through its payment gateway, additional 2% for international, non-SEPA, AMEX and B2B cards, not including VAT) and subtracting the commission fee applied by Rentalia, depending on the country in which the accommodation is located: https://www.rentalia.com/owner/prices.php.5.5.2. Cancellation by the Traveller after the deadline allowed under the cancellation conditions set by the Owner. The Traveller forfeits the entire amount paid at the time of Booking, which will be paid to the Owner (minus the administration and bank charges applied by AvaiBook and the commission fee applied by Rentalia) as per the conditions indicated.5.5.3. Cancellation by the Owner once the booking has been confirmed. The Owner assumes liability for the administration and bank charges applied by AvaiBook (1% on the total booking amount + 2% of the Deposit or any other amount charged through its payment gateway, additional 2% for international, non-SEPA, AMEX and B2B cards, not including VAT) and the commission fee applied by Rentalia, depending on the country in which the accommodation is located: https://www.rentalia.com/owner/prices.php.
5.6. Anti-fraud Guarantee. The Accommodation units will have a Anti-fraud Guarantee activated. It is a security safety-net for the Traveller vis-à-vis possible fraudulent Accommodation units. It involves the amount charged as the Deposit for an Online Booking managed by AvaiBook being retained in the Owner’s account on AvaiBook up to a period of 48 hours after the start of the Traveller’s stay. By having the Anti-fraud Guarantee activated, AvaiBook promises that if the Traveller were to commence their stay and the accommodation did not exist or were fraudulent, and they notified this within less than 48 hours from the start of their stay, AvaiBook would reimburse the Traveller the amount paid as the Deposit (minus the booking engine commissions).
This concept shall not be understood to include disagreements between the Traveller and the Owner for shortcomings in the service or for any reason other than the non-existence or the conclusive existence of a fraudulent accommodation unit. The Owner may decide whether or not to maintain this guarantee whenever the Accommodation unit is validated and accepts as part of the service that this Guarantee is activated whenever the Accommodation is not validated.
5.7. No Owner may ask Travellers for Deposits by any means other than through Rentalia and the bookings engine provided by AvaiBook; otherwise, Rentalia may take any measures it deems necessary, including withdrawal of the service.
6. OBLIGATIONS INCUMBENT ON RENTALIA
6.1. Rentalia undertakes to give the Owner access to the Contents of the Accommodation the latter has entered and to make any changes to the same that said party may request.
6.2. Rentalia shall provide the Owner with a username and password to be able to enter and modify the Contents on the Accommodation they, themselves have entered. The Owner shall keep the username and password safe and confidential, and shall be the only person responsible for the use made of them.
6.3. Rentalia has taken all the technical and security measures in keeping with the state of the art, to keep the service available almost 100% of the time. However, due to inevitable technical limitations, Rentalia shall not be held liable for any possible temporary interruption in the service. In the unlikely event of an interruption lasting more than one week, Rentalia would compensate the Owner with an additional week of the promotion they have contracted.
6.4. Rentalia reserves the right to select the Accommodation units that can come onto the Portal, applying quality criteria and internal control procedures.
6.5. Rentalia shall issue an invoice for the services rendered to the Owner if the latter so requests.
6.6. Rentalia authorises the Owner, who so requests of it, to include the html codes offered by Rentalia on their own website, without making any amendments to said codes, except those referring to their format (colour and font). Rentalia reserves the right to refuse the Owner use of said html codes and in particular when the latter carries out unauthorised modifications.
6.7. Rentalia has introduced a quality and control system for the Accommodation units appearing on its Portal.
6.8. Rentalia makes recommendations in err of satisfactory rentals and warnings aimed at Travellers, which the Owner acknowledges they are aware of and accept.
6.9. Rentalia may make new recommendations and implement new control measures aimed at enabling satisfactory rentals, free of irregularities and fraud between Travellers and Owners. Some of these measures both present or future may require the Owner to submit documentation to confirm the truthfulness of the information they offer concerning ownership, conditions and location of the Accommodation to raise an Accommodation’s reliability. The Owner promises to provide said information when Rentalia requires it to do so.
6.10. Amongst other measures, all Accommodation units that have been published for less than twelve (12) months will be indicated on the Portal with the warning: “Not verified”. The Owner can eliminate said warning from their Accommodation, fulfilling any of the following conditions or others that Rentalia may implement in the future.
6.10.1. At the request of the Owner, Rentalia may send an alphanumerical code by post to the Accommodation address; the Owner should enter this code in their User account, call by telephone or write an e-mail to Rentalia reporting the alphanumerical code received in the Accommodation letter box; or6.10.2. the Owner may contract a photo book: A photographer authorised by Rentalia and contracted by the Owner will go to the Accommodation and take photographs of it for the price stipulated at any time for this service. In this latter case, the notification “Photo taken by Rentalia” will appear on their Accommodation. The contacting of this service will be subject to the contracting conditions set forth by Rentalia.
6.11. As part of the Portal quality and control system, the Portal allows Travellers and Owners to communicate with each other by e-mail, through its own web domain (rentalia.com). Said e-mails are assigned exclusively for managing the holiday rental or the corresponding service, it being expressly prohibited to use them for restricted personal activities, in which some privacy or secrecy is expected in the communications. Use of the rentalia.com e-mail will enable Rentalia to warn the Owner and/or the Traveller in the event that a holiday rental or service that is being managed or contracted through this means does not meet the quality and internal control criteria implemented on the Portal system, being able, in such a case, to warn the Owner and/or the Traveller of a potential risk of irregularity or fraud.
6.12. In the event of such a warning being produced or the Accommodation not fulfilling any of the quality and internal control criteria, the Accommodation may be immediately withdrawn from the Portal; it will be restored if the Owner accredits that the control requirements demanded by Rentalia are met.
6.13. In any event, Rentalia shall not intervene nor be held liable for the contacting of services between the Owner and /or the Traveller; neither shall it be held liable for decisions taken based on the information supplied by the Portal.
7. OBLIGATIONS INCUMBENT ON THE OWNER
7.1. The Owner shall pay the price Rentalia sets for rendering its services.
7.2. The Owner declares to possess legitimate ownership rights to avail themselves of the property or, if applicable, authorisation of the same and all the administrative licenses and authorisations which may, if applicable, be necessary to lawfully undertake the activity.
7.3. The Owner shall provide truthful, up-to-date and precise information on the characteristics of the Accommodation they offer on the Portal. The Owner shall be responsible for the information and Contents published by them and undertakes to keep said details updated at all times.
7.4. The Owner authorises Rentalia to organise the information and Contents published by them in order to expedite use of the Portal and the information published about the Accommodation.
7.5. In order to give the Traveller the best service, the Owner promises to keep the information on the Accommodation up to date and to provide greater detail and extend the information published on the Portal by telephone, e-mail or any other means, when so requested by the former.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1. Rentalia is the holder of the intellectual and industrial property rights, or has obtained the corresponding authorisations or licenses for their exploitation, on the domain name, the trade marks or distinctive signs, information, database and the other works and inventions related to the website, app, if applicable, and the technology associated with the same, as well as on their contents.
8.2. The contents of this website, including designs, applications, text, images and source code (jointly referred to as the “Content”), are protected by intellectual and industrial property rights.
8.3. The Content may in no way be used, reproduced, copied or transmitted without prior, express, written permission from Rentalia.
8.4. Rentalia is the owner of registered trade marks, the exploitation rights of which belong exclusively to Rentalia.
8.5. The Owner declares to have all the permits and licenses for the images, distinctive signs and contents that may be included in the contents to be published by Rentalia, exonerating Rentalia of any liability in this respect.
8.6. The Owner authorises the photographs they insert in their advertisement to be reproduced, distributed and published for dissemination of the content of the advertisements and for Rentalia watermarks to be added, in order to avoid these photographs being used or published by unauthorised third parties.
8.7. Likewise, the Owner grants Rentalia a license on the contents included on the website or App, for the sole purpose of rendering the service contracted, as per these contracting conditions.
8.8. In those cases in which Rentalia is contracted by the advertiser to take photographs of the properties, said photographs shall belong to Rentalia, and this shall be indicated on them; however, Rentalia, shall award the advertiser an indefinite license with no geographical constraints to use them, in order for them to be included and published in advertisements on the website.
9. PERSONAL DATA PROTECTION
9.1. Rentalia informs the Owner of the existence of a file containing personal data which may contain personal data regarding their person obtained through the Portal and/or the aim of which is statistical, for redefining services offered, for security for controlling quality and for maintaining and managing the business and legal relationship binding them to Rentalia, as well as, if applicable, the sending of Newsletters (free subscriptions) and or commercial or promotional notifications.
9.2. The Owner expressly accepts the data collected during the browsing of the Portal or supplied by filling out any form, as well as resulting from the commercial relationship with Rentalia, be included on the aforementioned automated personal data file. During the data collection process, and in any place on the Portal where said data is requested, the Owner will be informed, either via a hyperlink or by timely notes being included on the form itself, of whether collection of said data is compulsory or not for Rentalia to render the services.
9.3. Likewise, by accepting this Contract the Owner consents to their data being used to send them commercial and informational communications (by any means, including e-mail, SMS, etc.), concerning the service rendered by Rentalia.
9.4. The Owner also gives their express consent for Rentalia to send them commercial communications on the websites owned by Idealista S.A.U. concerning the real estate and financial mortgage sector. If the Owner does not wish to receive the aforementioned commercial communications, they should indicate this by sending an e-mail to the following address: [email protected]
9.5. Rentalia may undertake additional promotional tasks for the Accommodation offered by the Owner in media other than the Portal (e.g. other websites, digital or physical publications, Internet search engines, etc. aimed at potential travellers). The Owner authorises Rentalia to use the Contents submitted to transmit them to third parties for the purposes of promoting their Accommodation. In these cases, if it were necessary, the interested party shall be informed and their prior consent attained for any future transfer of their personal data.
9.6. With respect to the data collected as set forth in the previous section, the Owner may exercise their legally acknowledged personal data protection rights, and in particular their rights to access, rectify or cancel data and to oppose data provided this were pertinent. Click here to download the Form. The request signed and in writing can be sent by post to the following address: Plaza de las Cortes 2, 5ª – 28014 Madrid, accompanied by a photocopy of the Owner’s national ID card.
9.7. Rentalia informs the User that, in compliance with tax regulations applicable at any time and in any country, it may notify the Tax Authorities of the personal details concerning your persona obtained through this Portal.
9.8. Rentalia implements technical and organisational measures to the security levels required under the Security Measures Regulation passed by the Royal Decree 1720/2007 of 21 December, which passes the Regulations implementing Organic Law 15/1999, of 13 December, the Personal Data Protection Act. The foregoing notwithstanding, it is not possible to assure technical security on a medium like Internet, due to the fact that it is not impregnable, and there may be leaks due to wrongful acts by third parties.
10. COMMENTS, OPINIONS, PHOTOS, VIDEOS AND TRAVELLER’S VOTES
10.1. Rentalia and the Owner have the joint objective of promoting the Accommodation that the Owner is offering.
10.2. The opinions, images, videos and other Contents entered by Travellers are a key element to the success of the Portal and for the Owner to receive bookings or contacts with Travellers through Rentalia.
10.3. When it comes to assessing the Contents or opinions from Travellers, Rentalia must respect their freedom of opinion and expression.
10.4. To this end, the Owner and Rentalia accept that Travellers have a free rein in their contributions concerning the Accommodation, be they negative or positive. Rentalia does not intervene in the Contents entered by Users which are dumped directly and exclusively at the liability of the latter, although it may withdraw those which manifestly and expressly are in breach of the conditions set forth in the Legal Notice.
10.5. Rentalia is not responsible for Travellers’ comments or opinions or the possible damage or harm they may cause. Travellers who submit opinions or enter Contents must identify themselves and be registered in Rentalia archives. However, under the personal data protection regulations, Rentalia is not authorised to supply Travellers’ personal data without their consent or a request from a competent legal or administrative authority.
10.6. The Owner may reply to an opinion from a Traveller, provided that the Owner identifies themselves with their name and complies with the same conditions required for comments from Travellers.
11. CONTRACT DURATION
11.1. The Owner may subscribe the specific promotions that appear in the section es.rentalia.com/owner/prices.php.The promotions incurring a fee contracted by the Owner are for the duration cited in said section as from their subscription and the application being accepted by Rentalia, the date of which will be indicated in the e-mail and invoice that Rentalia will send to the Owner.
11.2. Promotions that are free of charge and do not incur a fee can be withdrawn or modified by Rentalia at any time and with no prior warning. Likewise, the Owner may at any time request their exclusion from such promotions.
11.3. Irrespective of how long the promotion contracted for the Accommodation lasts, this contract shall be understood to be extended indefinitely, unless previously waived by either of the parties.
11.4. Rentalia reserves the right to review the prices or other conditions of any of its promotions with no forewarning. In this case, the automatic extension shall not be applied and Rentalia shall have to ask the Owner to accept the new conditions. The new conditions shall only come into effect upon conclusion of the period subscribed by the Owner.
11.5. The Owner may withdraw their Accommodation from Rentalia at any time. If the Accommodation offered Online Booking, AvaiBook will continue processing the bookings processed prior to withdrawing the Accommodation from Rentalia.
12. CONTRACT TERMINATION
12.1. The contract shall be terminated early if either of the parties are found to be in serious breach of any of the obligations incumbent on them by virtue of this Contract, considering the following, among others, to be serious breaches:
12.1.1. That the Owner places information that is clearly inaccurate on the Portal or which is not true as regards the features, location or ownership of the Accommodation;12.1.2. That, in the case of being so required by Rentalia at any time during the life of this Contract, the Owner does not submit documentation accrediting the truthfulness of the information published regarding the ownership and conditions of the Accommodation;12.1.3. That the Owner refuses to let Travellers freely post their contributions, opinions or Content regarding their Accommodation;12.1.4. That the Owner does not pay or is over 5 days late in paying the promotions contracted with Rentalia.12.2. If the service for which this Contract is subscribed were interrupted for reasons of Force Majeure, said obligation would be suspended for the time and to the extent that were justifiable. Force Majeure is considered any event or circumstance not controlled by the parties or any other contingency that cannot be foreseen, or if foreseeable, were unavoidable in keeping with the stipulations and jurisprudence in Article 1.105 of the Spanish Civil Code.
13.1. The various procedures to be followed to enter into the contract are clearly explained in the section entitled: “Register accommodation”
13.2. Rentalia files the data contained in the Contract electronically. The Owner/User may send an e-mail to Rentalia to detect and correct any errors. The Contract may be subscribed in Spanish and/or English, German, French, Portuguese, Italian or other languages, however the only version valid for legal purposes is that worded in Spanish.
14. JURISDICTION AND APPLICABLE LEGISLATION
14.1. The legislation applicable to terms as laid out in this contract, as well as the interpretation and resolution of conflicts that may arise between the parties will be that of Spain.
14.2. Unless the law contemplates any other jurisdiction to which they may legally be entitled, the parties shall submit to the Courts and Tribunals of the City of Madrid.