This is a courtesy translation. The legally binding version of these General Terms and Conditions is the Spanish one; in the event of any discrepancy, the Spanish text prevails.

Set out below are the terms and conditions applicable to the booking of any of the apartments of Severo Ochoa Apartments. Before completing a booking, the User confirms that they have read, understood and expressly accepted their content without objection.

These terms and conditions form an integral part of the holiday or seasonal letting agreement entered into between OLGA MARÍA PERAZA PEÑA and the User, which is concluded and becomes binding at the moment the booking is confirmed through offer and acceptance. References to “OLGA MARÍA PERAZA PEÑA” shall be understood as made to her or to any person legally representing her, whether by notarial power of attorney or verbal mandate. The terms and conditions applicable to a given booking are those displayed on this website at the time the booking is completed.

1. NATURE OF THE CONTRACT, OBJECT AND PURPOSE

By making a booking, OLGA MARÍA PERAZA PEÑA and the User enter into a holiday or seasonal letting agreement, the object of which is the temporary transfer of one of the apartments commercially known as “Severo Ochoa Apartments” in exchange for a price previously agreed between the parties. The rental period is counted in days and runs from 1:00 pm on the day of arrival to 11:00 am on the day of departure. Under no circumstances is the apartment intended to be the User’s habitual residence; its purpose is exclusively to serve as temporary or holiday accommodation.

Access to the apartment is limited to the guests declared in the booking. The entry of any person other than those declared, whether or not they stay overnight, obliges the User to pay OLGA MARÍA PERAZA PEÑA an amount equivalent to €12.00 per undeclared person, always within the maximum capacity of the apartment and without prejudice to the registration obligations applicable to such persons.

2. CONDITION OF THE APARTMENT

The User declares that they receive the apartment in a good state of repair and undertakes to return it in the same condition at the end of the contractual relationship. Any damage caused to the apartment, including the furniture and fittings it contains, shall be compensated by the User, who must pay the costs necessary to restore the apartment to the condition in which it was handed over. For these purposes, the parties take the current condition of the apartment to be that shown in the photographs published in the listing.

3. DURATION

The holiday or seasonal letting agreement covers the period agreed between the parties, beginning at 1:00 pm on the start date and ending at 11:00 am on the end date. The duration may not be shortened or extended other than by written agreement between the parties. Remaining in the accommodation beyond the agreed period is considered an unauthorised stay, with the corresponding consequences.

4. PRICE AND METHOD OF PAYMENT

The price of the stay is determined at the time the booking is successfully made, in accordance with the offer published on this website, and covers the whole stay (extra services not included), including Canary Islands General Indirect Tax (IGIC).

Notwithstanding the above, should there be an error in the booking price, OLGA MARÍA PERAZA PEÑA will inform the User as soon as possible and offer the option of reconfirming the booking at the correct price or cancelling it. If the User chooses to cancel, the full amount paid will be refunded.

Payment shall be made, depending on the case, as follows:

• A single payment for the whole stay at the time of booking.
• Payment of fifty per cent (50%) to confirm the booking, with the remaining fifty per cent (50%) payable on collection of the keys, on the first day of the stay.

The payment made at the time of booking may be settled by credit or debit card, bank transfer, Bizum or PayPal, according to the methods enabled at any given time in the booking engine.

The remaining fifty per cent (50%), paid on arrival when the keys are collected, must be paid in cash only. Guests must have this amount available in cash on the day of arrival; cards, transfers and other means are not accepted for this second payment.

If payment is not made in full or in part by the agreed due date, in addition to accruing the late-payment interest provided for in clause 8, this shall be considered a material breach of contract and sufficient grounds to seek its termination, together with a claim for damages.

5. ASSIGNMENT AND SUBLETTING

The User undertakes not to sublet, in whole or in part, or assign the rented accommodation without the express written consent of OLGA MARÍA PERAZA PEÑA. Breach of this clause is grounds for termination of the contract.

6. ALTERATIONS

The User may not carry out any works or alterations to the accommodation or to the building to which it belongs without the express consent of OLGA MARÍA PERAZA PEÑA. Although not considered works as such, drilling holes in the walls is expressly prohibited; any such damage must be compensated in the amount necessary to restore the apartment to its original condition, immediately upon OLGA MARÍA PERAZA PEÑA sending an estimate and/or invoice for the cost of repair.

7. CANCELLATIONS

The User may withdraw from the contract on the following terms:

• More than thirty (30) days before the arrival date: one hundred per cent (100%) of the amounts paid will be refunded.
• Between thirty (30) and fourteen (14) days before the arrival date: fifty per cent (50%) of the amounts paid will be refunded.
• Less than fourteen (14) days before the arrival date: the booking is non-refundable.

Periods are counted in calendar days from the scheduled arrival date. Cancellation requests must be made in writing using the contact details set out in clause 12. Refunds will be issued using the same payment method used for the booking, within a maximum of fourteen (14) days from notification of the cancellation.

In duly evidenced cases of force majeure, the parties shall seek in good faith an alternative solution, such as a change of dates, in preference to terminating the contract.

8. EXPRESS PENALTY CLAUSE AND LATE-PAYMENT INTEREST

The User shall hand over the keys to the accommodation on the date and at the time stipulated for the end of this contract. If the keys are returned later, the User shall pay OLGA MARÍA PERAZA PEÑA the sum of ONE HUNDRED AND FIFTY EUROS (€150.00) for each day of delay, a day of delay being counted once 11:00 am has passed on each day, including the final day of the contract. This penalty accrues on a daily basis and automatically, without any need for formal demand, by way of a penalty clause, in addition to all direct and indirect costs, losses and damages that such delay may cause. The foregoing applies unless the parties have agreed in writing to extend the season initially agreed, in which case the terms of the extension document shall apply.

Late-payment interest on monetary obligations arising under this contract is set at an annual rate of TEN PER CENT (10.00%), accruing automatically from the date payment falls due, without any need for prior judicial or extrajudicial demand.

9. BOOKING GUARANTEE. BLOCKING OF DATES

In order to ensure full performance of the contract, OLGA MARÍA PERAZA PEÑA undertakes to block the booking period in the online calendars from the moment the booking is confirmed, reserving it for the User. However, if payment for the booking has not been made by its due date, OLGA MARÍA PERAZA PEÑA shall be entitled to unblock the rental period and offer it to third parties, without prejudice to any liability assumed by the User for breach of the holiday or seasonal letting agreement.

10. HOUSE RULES

Throughout the term of the contract the User shall observe the rules of good neighbourliness, namely: (i) the express prohibition on holding any kind of event or party in the accommodation or in the common areas; (ii) the prohibition on smoking in the accommodation, the common areas or the roof sun terrace; (iii) the prohibition on making noise after 10:00 pm; (iv) the prohibition on leaving rubbish in the common areas; (v) the prohibition on misusing the furniture located in the common areas; and (vi) the prohibition on any animal staying in the accommodation.

11. BREACH OF OBLIGATIONS

Breach by either party of these terms and conditions entitles the party that has performed its own obligations to demand performance or to seek termination of the contract, in accordance with article 1124 of the Spanish Civil Code.

In addition to the grounds set out herein, OLGA MARÍA PERAZA PEÑA may terminate the contract automatically on the following grounds:

• Failure to pay the price or, as the case may be, any amounts payable by the User.
• The entry into the apartment of more people than permitted by its maximum occupancy.
• Damage caused by the User to the accommodation or its common areas, or works carried out without the consent of OLGA MARÍA PERAZA PEÑA.
• The carrying out on the premises of activities that are a nuisance, unhealthy, harmful, dangerous or unlawful.

12. ADDRESS FOR NOTICES

For the purposes of notices, the parties take the following addresses as their reference: (i) for OLGA MARÍA PERAZA PEÑA, calle Severo Ochoa, no. 11, 1A, Puerto del Rosario; and (ii) for the User, the address given at the time of booking. Notices given by electronic means such as email and WhatsApp, as indicated at the time of booking, shall also be valid. The parties must notify each other of any change in this regard; any attempted communication to the address, telephone number or email given at the time of booking shall be valid for all purposes, whether or not it has been received by either party.

13. APPLICABLE LAW

In all matters not provided for in these terms and conditions applicable to the holiday or seasonal letting agreement, the contract shall be governed by Decree 113/2015 of 22 May, approving the Regulation on holiday homes of the Autonomous Community of the Canary Islands, and, on a supplementary basis, by the Spanish Civil Code.

14. JURISDICTION

The parties expressly submit to the Courts and Tribunals of the city in which the apartment covered by the contract is located, for all disputes that may arise during its performance.

15. PRIVACY POLICY

In order to provide the services covered by the holiday or seasonal letting agreement, in compliance with applicable Spanish legislation and in accordance with our privacy policy, OLGA MARÍA PERAZA PEÑA will collect and use certain personal data of the User, namely: full name, national identity document or equivalent, passport, home address, email address, telephone number and date of birth. This data will also be collected in respect of the companions of the User making the booking. Our privacy policy can be consulted in full on this website.