General conditions
GENERAL TERMS AND CONDITIONS FOR HOMINGBOOK SERVICES
Welcome to HOMINGBOOK!
These general terms and conditions govern the commercial relationship between HOMINGBOOOK SL and the CLIENT who contracts the services offered on the website www.homingbook.com.
HOMINGBOOK SL offers comprehensive management services for short-term (vacation) property rentals. Information regarding properties available for online rental is provided on the website www.homingbook.com.
Below you will find the general terms and conditions governing the rental of properties published on the website www.homingbook.com (hereinafter, the website or web page).
These general terms and conditions will be valid and in effect as long as they are accessible on the website.
It is essential that you carefully read the following general terms and conditions before booking any property rental from this website, as they establish the conditions that must be met in order to rent the properties.
Acceptance of these purchase conditions also implies acceptance of the terms and conditions of the LEGAL NOTICE on this website, so reading them is also essential.
1. IDENTITY OF THE PARTIES.
HOMINGBOOK SL (hereinafter HOMINGBOOK), with registered office at Plaza de la Malagueta No. 1, 10 E, 29016 Málaga, with CIF B 93349412.
CUSTOMER is the individual consumer who contracts the rental of the properties offered on the website.
2. PURPOSE.
The purpose of this contract is the provision of short-term accommodation services by HOMINGBOOK to the CUSTOMER. For this purpose, HOMINGBOOK will provide the customer with the following services:
i) Information from the website regarding the different properties that may be rented for short-term rentals. This information includes property characteristics, availability, rental prices, and booking methods, among others.
ii) Online reservation management, online rental booking, and payment of the rental price.
iii) Customer service during the stay (only in properties that offer this service)
HOMINGBOOK does not guarantee the technical continuity of the Website, nor the absence of errors in the information about the properties, nor does it guarantee the availability and access of the Website or its services 100% of the time. It also does not guarantee the absence of viruses or harmful components on the Website or its server.
3. RENTAL PRICE FOR THE PROPERTIES.
The rental price for each property is indicated in the information provided by HOMINGBOOK on the website. The price indicated for each property refers to the price per night or per week.
The payment method for the rental price of the property selected by the CLIENT is:
- 50% of the total rental price is payable at the time of booking.
- The remaining 50% of the total price must be paid between 7 days prior to arrival and the day of check-in.
The total rental price includes the following items:
- Accommodation for the days indicated in the reservation.
- Final cleaning of the property. *
- Value Added Tax (VAT).
Some properties include cleaning during the stay in the price. These cases are duly indicated in the property details.
5. EXTRA SERVICES NOT INCLUDED IN THE RENTAL PRICE.
The rental price does not include the services indicated below. However, CLIENTS may request HOMINGBOOK to arrange the following services:
✓ Airport/Train Station Transfers directly to the property
✓ Special taxi services
✓ Express dry cleaning service
✓ Restaurant reservations
✓ Entertainment and show tickets
✓ Access to sports clubs
✓ Cleaning during the stay
The price of these services will be indicated at the time of the CLIENT'S request and will be paid at the time of the request.
6. PAYMENT OF THE RENTAL PRICE.
The payment method for the rental price of the selected property may vary depending on the type of accommodation selected and the advance notice reserved.
The default payment method will always be by bank card. For more payment options, please contact the management.
7. RESERVATION PROCESS AND RENTAL PAYMENT METHOD
There are two methods for formalizing and paying for the property reservation, depending on the method selected. The reservation and payment methods are as follows:
IMMEDIATE BOOKING METHOD: allows the CLIENT to reserve the property instantly. Not all properties offered on the website support this booking method. The CLIENT will be able to find out if the selected property supports flash booking during the booking process.
To formalize a flash booking, the CLIENT must select the property of interest that supports this booking method. They must also indicate the dates they wish to rent the property and submit this information using the interactive forms provided on the Website, in which they must enter the requested contact information.
After submitting the request, the system will confirm availability, and the CLIENT can make payment for the property reservation. At the time of booking, 50% of the total rental price is due, plus the final cleaning fee. To make the payment, the CUSTOMER must follow the instructions on the website. The remaining 50% will be paid after the reservation's free cancellation period ends.
Payment for the reservation can be made using VISA, MASTERCARD, or other payment methods indicated on the website. The website has a payment gateway that allows for electronic payment.
The data provided through the payment gateway is encrypted to ensure maximum security and will be retained during the payment process and until the deposit is refunded in accordance with condition 10. The data provided through the payment gateway will be retained by the data processor, IT SOLUTIONS SL, located at Paseo Ruzafa No. 11, Puerta 12ª, Valencia, for the purpose of managing the payment made by the CUSTOMER and, where applicable, making subsequent additional charges to the card in accordance with the provisions of condition 10 (section "ADDITIONAL CARD CHARGES").
After clicking the "PAY" button, the order cannot be canceled, except in the cases and through the process established in the "Right of withdrawal and right of cancellation" section of these terms and conditions.
Once payment has been made, the system will send the CUSTOMER an email (to the email address provided) confirming payment and the reservation, along with the reservation details (property rented, dates of stay, total price, price paid, price due, cancellation fees, deposit amount), at which point the reservation will be considered finalized. Without receiving the email address provided, the reservation will not be considered complete. If the confirmation email is not received, the CUSTOMER must immediately contact Customer Service by sending an email to reservas@homingbook.com or by calling +34 614 484 312.
To receive the keys to the property, the CUSTOMER must show the reservation confirmation email and valid ID.
"ON REQUEST" RESERVATION METHOD: With this method, the CUSTOMER does not make the reservation instantly. The type of reservation is indicated during the application process.
To formalize the reservation, the CLIENT must select the property of interest, indicate the dates they wish to rent the property, and submit this information using the interactive forms provided on the Website, in which they must enter the requested contact information.
After submitting the request, the CLIENT will receive an email confirming acceptance or rejection of their request within 24 hours. If their request has been accepted, the corresponding link to pay for the reservation will be provided in the email informing them of acceptance. To make the payment, they must follow the instructions on the page at all times. At the time of making the reservation, 50% of the total rental price is due, in addition to the amount corresponding to the final cleaning fee. To make the payment, the CLIENT must follow the instructions on the page at all times. The remaining 50% will be paid after the end of the free cancellation period.
Payment can be made using VISA, MASTERCARD, or any other payment methods indicated on the website. The website has a payment gateway that allows for electronic payment.
The data provided through the payment gateway is encrypted to ensure maximum security and will be retained during the payment process and until the deposit is refunded in accordance with condition 10. The data provided during the reservation and payment process will be retained by the data processor, IT SOLUTIONS SL, located at Paseo Ruzafa No. 11, Puerta 12ª, Valencia.
After clicking the "PAY" button, the order cannot be canceled, except in the cases and through the process established in the "Right of Withdrawal and Cancellation Policy" section of these terms and conditions.
Once payment has been made, the system will send the CUSTOMER an email confirming the payment and reservation to the email address provided, confirming the property (rented property, dates of stay, total price, price paid, price due, cancellation fees, deposit amount). At this point, the reservation will be considered finalized.
The CUSTOMER must have the reservation confirmation email available and retain it until check-in at the property.
8. PROPERTY KEY HANDOVER
For the property keys to be handed over, the CUSTOMER must:
i) Accept the reservation conditions
ii) Pay the full agreed price and/or additional fees
iii) Show the reservation confirmation email
iv) Provide the deposit in cash or via alternative payment methods by bank card
v) All guests on the reservation have completed the mandatory traveler registration process.
9. CHECK-IN AND CHECK-OUT CONDITIONS. FEES AND SUPPLEMENTS.
The check-in and check-out times are mandatory for the CLIENT who has booked a property rental. The schedules are as follows:
Check-ins and check-outs outside of these hours will incur the following supplements/charges added to the rental price:
‣ Late check-in: Check conditions according to the property.
‣ Late check-out: Check conditions according to the property. To check out outside of opening hours, it is essential to confirm the property's availability at the time of key collection.
To check in, the CLIENT must show their passport or ID and sign these general terms and conditions, as well as settle any outstanding payments at that time.
The entry and exit fees must be paid in cash at check-in, before the property keys are handed over. If not paid at this time, the fees will be deducted from the amount to be returned from the deposit paid by the CLIENT.
Check-out. The CLIENT agrees to vacate the property on the date indicated at the time of booking, as well as within the aforementioned timeframe. If the CLIENT does not vacate the property on the agreed day and time, they must pay HOMINGBOOK compensation for damages, consisting of:
10. DEPOSIT. ADDITIONAL CARD CHARGES.
DEPOSIT
Before the property keys are handed over, the CLIENT must provide the OWNER with a cash deposit. The deposit amount will be informed during the reservation process and will be indicated again in the reservation confirmation email and subsequent emails regarding the reservation payment that the system sends to the CLIENT.
The purpose of the deposit is to guarantee the return of the property and its contents in the same condition as when they were delivered, as well as the payment of any outstanding amounts.
The cash deposit will be returned after verifying that the property has been returned in the same condition as when it was delivered.
HOMINGBOOK is expressly authorized to deduct from the deposit amount any amounts outstanding from the CLIENT after their departure from the property.
ADDITIONAL CARD CHARGES
In the event that the amount paid as a DEPOSIT is not sufficient to cover the damage or damage to the property, HOMINGBOOK is expressly authorized to make additional charges to the card used by the CLIENT (for the reservation of the property) up to the amount of the damage or damage. For this purpose, HOMINGBOOK will send the client the corresponding note/invoice for the expenses incurred.
11. STAY PERIODS BY WEEKS OR DAYS.
Each property has its own calendars in which, depending on the selected season and the requirements of each owner, the reservation may be for full weeks or individual days. The platform is designed to automatically inform and offer CLIENTS the appropriate options.
The CUSTOMER may access this information by requesting availability on the interactive calendar or, when this cannot be provided automatically, by sending a request for information. HOMINGBOOK will be expected to respond within a maximum of 24 hours.
12. CONDITIONS DURING THE STAY (RULES OF CONDUCT).
The CLIENT, their companions, and visitors who enter the property with their authorization are obligated to:
Keep the property in perfect condition for the duration of the contract, as set forth in Clause Two, and are directly responsible for any damage and/or alterations to it.
Respect the rest hours of the homeowners' association to which the property belongs, which are from 10:00 PM (10:00 PM) to 8:00 AM (8:00 AM), as well as the hours stipulated by each homeowners' association or neighborhood.
Return the property in a perfect state of cleanliness and order upon departure. Failure to do so will result in the automatic loss of €150 of their deposit as a cleaning and tidying fee.
The kitchen is clean, with no dirty dishes or trash in this or any other room or outside the property.
Bedrooms and common areas with furniture and decorative items in their original places.
Household linens (sheets and towels) are provided in your bedroom and/or bathroom.
No gatherings of people exceeding the occupant limit indicated in the reservation are permitted. Likewise, any type of party is expressly prohibited. In the event of complaints from neighbors regarding loud music or parties on the property, or if it is necessary to call the police, HOMINGBOOK reserves the right to immediately evict the property. In such cases, the CLIENT will not be entitled to a refund of any amount paid for rent, security deposit, or deposit.
Trash must be disposed of in the containers located outside the building after 8:00 PM or in the building's garbage room, if there is one.
Do not bring pets of any kind into the properties designated as "no pets."
HOMINGBOOK is not responsible for the inoperability of the high-speed internet connection.
The CLIENT will be directly responsible for:
Loss, theft, or damage to the personal belongings of the CLIENTS, their companions, or visitors.
Damage that may be caused to persons or property resulting from the installation of services and supplies in the rented property.
Child supervision is required in the pool, gardens, and the rest of the property.
HOMINGBOOK is not responsible for replacing kitchenware, linens, or light bulbs missing upon check-in after 7 days from the check-in date.
Electricity and water costs incurred during the rental period are the responsibility of the Property Owner. The CLIENT agrees to use electricity and water responsibly. Excessive electricity consumption is considered to be greater than 150 kWh per week. Any excess kWh will be charged €0.25 per kWh. When the Tenants arrive at the property, the meter will be read and recorded in the contract. The electricity meter will be read again on the Tenants' departure date.
The CLIENT agrees that HOMINGBOOK may charge €100 for each unreturned set of keys and €100 for each unreturned garage door remote from the security deposit.
13. PETS.
The property search tool includes a search filter for properties that accept pets during stays.
All information regarding the property, features, included services, and pet policy can be found in each property's technical sheet.
14. PENALTIES.
If the CLIENT does not voluntarily vacate the property or return the keys on the date indicated in their Booking Confirmation, they must compensate HOMINGBOOK for each day that they extend their stay or retain the keys without authorization, equal to five times the nightly rate of the reservation.
A penalty of 150 Euros will be applied to any CLIENT who fails to return the property and its accessories in a reasonably clean condition and without trash or debris inside. This penalty may be deducted from the deposit.
15. RIGHT OF WITHDRAWAL. CANCELLATION POLICY. CANCELLATION COSTS.
The right of withdrawal is the CLIENT's right to cancel the reservation.
There is no right of withdrawal pursuant to Article 103, Section l) of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Clients and other complementary laws.
Notwithstanding the foregoing, HOMINGBOOK has designed the following cancellation policy to protect the interests of the OWNER and its Clients:
i) Reservation cancellations will be managed by HOMINGBOOK. To cancel a reservation, the CLIENT must send an email to reservas@homingbook.com, indicating "Reservation Cancellation" as the subject and including the reservation confirmation email or the reservation confirmation number.
ii) The cancellation of the reservation will be deemed to have been made and will take effect upon sending an email confirming the cancellation by HOMINGBOOK.
iii) The cancellation fees for the reservation appear in the link for the reserved accommodation. Each accommodation has different cancellation rules depending on its type and/or location.
If the client decides to cancel outside the free cancellation period, only the amount related to the final cleaning costs will be refunded.
In the event of cancellation by the property owner, the client will be fully refunded, without any processing and/or cancellation fees. In these cases, HOMINGBOOK undertakes to assist the client in locating and booking another property.
16. SPECIAL CANCELLATIONS.
Cancellations due to death:
In the event of a death in the CLIENT's family (mother, father, spouse, sibling, child) between 7 days and 24 hours prior to arrival, no cancellation fee will be charged to the CLIENT. If the death of a family member occurs less than 24 hours prior to arrival, the CLIENT will be refunded 50% of the total amount paid. In order to process such cancellations, an official death certificate must be sent.
Extraordinary Cancellations:
When the cancellation is due to a natural disaster (avalanches, cyclones, hurricanes, landslides, earthquakes, snowstorms, etc.) and the rented accommodation is affected, making it impossible for the CLIENT to use it safely, the reservation will be automatically canceled and the CLIENT will receive a 100% refund of the amount paid.
All other extraordinary situations (terrorist acts, acts of war, nuclear accidents, political problems and problems arising from coups d'état, and others) will be agreed upon by the agency according to type, duration, and/or severity.
16. DATA PROTECTION
For the purposes of Organic Law 15/1999, of December 13, on the Protection of Personal Data (hereinafter LOPD), HOMINGBOOK SL, with registered office at Plaza de la Malagueta No. 1, 10 E, 29016 Málaga, with Tax ID No. B 93349412, informs the CLIENT that the personal data provided during the contracting process will become part of a file owned by HOMINGBOOK SL (hereinafter HOMINGBOOK), with registered office at Plaza de la Malagueta No. 1, 10 E, 29016 Málaga, with Tax ID No. B 93349412. HOMINGBOOK, as the data controller, will process the data for the sole purpose of:
i) providing the contracted online booking management services for short-term rental properties
ii) managing payments for reservations
iii) Manage additional charges on the card; if the client has caused damage and/or defects to the properties, HOMINGBOOK will process the data provided for the purpose of making additional charges to the card used by the client during the reservation and/or payment process for the rented property.
iv) remember the data provided for subsequent access to the website and purchases from the HOMINGBOOK website.
v) address inquiries raised by clients.
vi) properly manage the operation of the Website services and provide the various services and features offered on the website.
vii) maintain the relationship that may arise with clients, and
viii) send commercial communications about the services offered by HOOMINGBOOK that may be of interest to clients based on previous purchases.
CUSTOMERS are informed that the recipients of the personal data they provide will be HOMINGBOOK staff and the Data Processors necessary for the provision of the online booking service for short-term rental properties. The Data Processors will process the data to which they have access in accordance with the purposes indicated above.
The data provided during the payment process will be stored by the Data Processor, IT SOLUTIONS SL, with registered address at Paseo Ruzafa No. 11, Puerta 12ª, Valencia.
In any case, the data will be provided to the OWNERS and companies that provide additional services contracted by the CUSTOMERS, such as Airport/Train Station Transfers, special taxi services, dry cleaning services, babysitting, restaurant reservations, Entertainment & Show tickets, access to Sports Clubs, home services, and cleaning during the stay.
HOOMINGBOOK will not transfer or communicate the personal information provided, nor will it offer it to other companies, organizations, or individuals unrelated to the Website services or the services contracted by the CLIENT, without their informed consent.
Acceptance of these terms and conditions, and the submission of data via email and/or electronic forms, constitutes the CLIENT's express consent to the processing of their data for the purposes indicated above, as well as to the sending of electronic communications.
The CLIENT's consent to the processing of their data by HOMINGBOOK, as well as to the receipt of electronic communications in the manner established in this section, may always be revoked without retroactive effect, in accordance with current legislation.
The CLIENT guarantees that the personal data provided to HOMINGBOOK is accurate and is responsible for notifying the CLIENT of any changes.
The CUSTOMER may exercise their rights of access, rectification, erasure, and objection to the processing of their personal data by writing to HOMINGBOOK SL at Plaza de la Malagueta No. 1, 10 E, 29016 Málaga, with Tax ID No. B 93349412, or by email to the following address: legal@homingbook.com. Any request to exercise any of these rights must be accompanied by a copy of the CUSTOMER's ID and an indication of the right they wish to exercise.
HOMINGBOOK reserves the right to modify this policy to adapt it to future legislative or jurisprudential developments, as well as industry practices.
14. PRIOR KNOWLEDGE OF THESE CONDITIONS.
These terms and conditions of sale have been provided to the CUSTOMER prior to the formalization of the purchase agreement, in compliance with the legal obligation to provide prior information. These terms and conditions of sale may be downloaded, stored and printed by the CUSTOMER at any time.
15. JURISDICTION
The CLIENT expressly waives any other jurisdiction and submits to the Courts and Tribunals of the city of Málaga.