TERMS & CONDITIONS
Terms & Conditions of Use of moRentals.
The use of this website assures that users have accepted the rules detailed below. Users who do not accept these provisions are not authorized to use this site.
This web page is property of MO RENTAL SPAIN SL with VAT No. ES B93272276 and address at Calle Palma del Rio 19, 29004 - Malaga, Spain
For any question or proposal, contact us in the e-mail: email@example.com
This web page is governed by the regulations exclusively applicable in Spain and in space that includes the European Union, being subject to it, both nationals and foreigners who use this Web.
Access to our website by the USER is free and is subject to prior reading and acceptance, expressly and without reservation of these GENERAL CONDITIONS OF USE in force at the time of access, which we ask you to read carefully. The USER when using our portal, its contents or services, accepts and expressly submits to the general conditions of use of it. If the user does not agree with the present conditions of use, he / she must abstain from using this portal and operate through it.
At any time we can modify the presentation and configuration of our website, expand or reduce services, and even delete it from the network, as well as the services and content provided, all unilaterally and without prior notice.
A. INTELLECTUAL PROPERTY
All contents, texts, images, trademarks and source codes are owned by us or by third parties to whom their exploitation rights have been acquired, and are protected by Intellectual and Industrial Property rights.
The user only has the right to private use of the same, without profit, and needs express authorization to modify, reproduce, exploit, distribute or exercise any right belonging to the owner.
B. ACCESS CONDITIONS
Access to our website is free and does not require prior subscription or registration.
The user must access our website in accordance with good faith, the rules of public order and these General Conditions of use. Access to our website is made under the sole and exclusive responsibility of the user, who will be liable in all cases for any damages that may be caused to third parties or to ourselves.
Taking into account the impossibility of control over the information, content and services contained in other web pages that can be accessed through the links that our website can make available, we inform you that we are exempt from any liability for damages of any kind that could derive from the use of these web pages, outside our company, by the user.
Protection of privacy
Protection of personal data is a top priority for moRentals. Because safeguarding your privacy is important to us, moRentals works based on the following principles:
1. Treatment of records is carried out in full compliance with current legislation on data protection. We have specifically communicated in case we need information about you that identifies you. Personal data is collected, stored and transmitted for the sole purpose of processing your request. We will make available your data to third parties (airlines, tour operators …) whenever it is required for the purpose of processing your registration.
2. User will also receive current information about holiday offers accommodation from moRentals and information from other companies about the holiday theme. moRentals is authorized to select information from other companies to make it available to the user. If you do not wish to receive more information, either by others, either by moRentals, please feel free to contact us about this circumstance.
3. If as a user thinks that moRentals has not complied with the agreement, let us know by sending an email to the following email address: firstname.lastname@example.org. We will get in touch and we will take all necessary measures, designed to verify the reported circumstances and to be able to troubleshoot the problem ASAP.
Use the website/registration
This web page is created exclusively for a personal and noncommercial use. You may not modify, copy, sell, exhibit, display, reproduce, publish or assign the license from moRentals website, nor download, assign or sell copies of it.
Each user has to provide the data that is requested in the registration boxes. May only register those over 18, in full possession of their legal capacity, as well as companies and legal entities. There is no general right to refuse to participate in an online booking procedure. moRentals is authorized to refuse an entry without having to justify its decision, also can refuse an admission already granted, without having to justify the decision. This is especially applicable for users who provide false information during the registration process, who have repeatedly attack the general conditions of contract from moRentals or when there is suspicion of a possible fraudulent use.
moRentals is not authorized to cancel a registration without reasonable notice except in cases where there is the need to avoid serious circumstances. The cancellation of the registration does not give right to rise legal claims of any kind against moRentals. Those contracts concluded prior to the cancellation of registration will not be affected by it, booking requests however will lose their validity. The cancellation will be communicated in writing or by email. Every customer is entitled to cancel their registration at their convenience. The obligations already incurred previously will not be affected.
Limitation of resposibility
moRentals ensures that the information posted on this website is as accurate as possible. moRentals can not guarantee that the information is error free. All information published on this website, software and the services may contain typographical errors or inaccurate information. The information contained herein is subject to changes that occur on a regular basis. moRentals and partner companies held constant improvements and modifications of the website.
Both moRentals as companies that collaborate with it deny the existence of lack security that can be inferred from the information, software, products or services rendered which are included on this site.
The responsibility that can generate moRentals and/or companies that collaborate with it is limited to the liability for gross or willful negligence, unless essential contractual provisions were violated or not giving the qualities that had been agreed.
moRentals and/or companies that collaborate with it respond if there is slight negligence, only for common and predictable damage that may be caused by normal use of the website. This responsibility extends to cases in which moRentals or the partner company had warned of the possibility of damage occur. Responsibility for moRentals and/or collaborating companies is limited, for each particular case, to the total amount of business that generated the claim in question.
Partner sales and third parties dites
Third party sites and moRentals sales partners have a purely commercial purpose. The owner allows moRentals to promote the property, so that moRentals may market the property using the own website and web pages from sales partners. To do this, the owner claims to have the legal authority to instruct moRentals as the granting of rights to use photographs, images, texts and any other relevant content. moRentals has no control over third party websites or liability for the contents thereof. The inclusion of links to third party websites does not imply acceptance nor its content, nor the existence of a partnership with the company in question.
Software available on this website
Each software which can be downloaded from our website is a property of moRentals or partner companies that is protected by the existing rules on intellectual property. Use of the software is subject to certain conditions in each license agreement that is included or accompanying with the software. The user is not authorized to install, copy or use any software that is not accompanied by or containing an license agreement, or if you have not accepted the conditions of the license agreement.
For no software license agreement, moRentals authorize you as a user with the sole purpose of visiting the website and other uses, once you have accepted the Terms & Conditions of use.
By installing, copying, or otherwise using the software, you accept the Terms & Conditions of the license.
Please note that all software, including all HTML codes -controls Active X- and other code contained in this site are property of moRentals and other partner companies, which is protected by the provisions of the Intellectual Law Property. You may make copies of the software for the sole purpose of storing or archiving data securely. The user is not authorized to recover, decompress or disintegrate data through reverse engineering methods. The Law expressly prohibits any reproduction or disclosure of software which can lead to fines and criminal penalties.
Modifications of Terms & Conditions Use
moRentals reserves the right to modify at any time these Terms & Conditions of Use. This right shall not be changing conditions and regulations, which have been accepted to make legitimate reservations or through this site acquisitions.
1. In the case that any of the above provisions should be declared invalid or null, it will not have effect over other provisions. The contract still applies. The nullity of the contract that has been brokered does not affect the brokerage contract itself.
2. Failure to comply with the Term & Conditions of use, or suspicion of breach, authorizes moRentals to exclude the user when deemed appropriate use of the website or services through the same are provided, if already made effective reserves.
3. This contract establishes the relationship between moRentals and the user through the website and replace all previously been agreed or indicated, well out electronically, by voice or written between you and moRentals.
4. The client/traveler can only sue in the courts of the domicile of the operator. For demands this operator submits against a user, the competent courts are those of the user, unless the demand is directed against persons or entities domiciled for legal purposes abroad or at the time of considering the demand had no known address. In these cases the competent courts shall be those of the operator.
General Terms & Conditions
1.1 Each customer must enter the data requested in the boxes before making a reservation. Your personal data is collected, recorded for the sole purpose of processing your reservation. moRentals will send your personal information to third party service providers when it is necessary to process your request (eg. tour operators etc.). Only over 18 years users can be registered with full legal capacity. There is no right to participate in an online booking. moRentals is authorized to deny a user their participation without explaining this decision. Also it can be withdrawn without consent and also without explaining this decision. Especially in the case of users who have produced false information when registering, or those whom have repeatedly breached the general conditions or when there is a suspicion of abusive behavior.
1.2 Each user is entitled to withdraw at the time if it deems appropriate. It is recommended to users who want to retract to use a written communication. They will not be affected by other obligations in other contracts previously performed.
1.3 moRentals is not authorized to unregister users except in cases of imminent danger. It can be done without notice. Users who have cancelled their registration with moRentals can not claim to moRentals. Contracts entered into prior to the cancellation of registration will not be affected. Bookings however will lose their validity. The cancellation will be notify to the user in writing or by email.
2. Contract conclusion
2.1 By introducing the data and clicking on the Book button, an automatic online response (shipping confirmation data) is sent to user to enter into a contract by electronic means (Internet) with moRentals.
2.2 The person making the registry is responsible for the contractual obligations personally as well as others included in the register, providing that these obligations are accepted.
2.3 The contract starts at the moment that moRentals confirmed the booking in writing.
2.4 If the accommodation description differs from the corresponding description in https://www.mo-rentals.com it shall be considered a new offer from moRentals to the user who may accept expressly by written declaration by the down payment, final payment or by the making use of the holiday accommodation.
3. Payment Conditions
3.1 In the contract the user has to make an initial payment on a 25% of the price of the stay, which is deducted from the total amount to be paid.
3.2 The remaining amount will be paid 5 weeks before the day of the key handover. Once the down payment is satisfied, the customer receives the accommodation voucher, the documentation regarding the stay in the accommodation, address and details of the person responsible for delivering of the keys. The customer will show the voucher of arrival.
3.3 To perform the stated percentage down payment you can choose from the following categories:
a. Credit / debit card (via a secure connection charge during the booking process)
The remaining payment amount must be paid by the customer by card.
4. Performance and price
4.1 The provision to be performed by moRentals under the contract includes the delivery of the accommodation in the form agreed with the equipment that emerges from the offer as described and the relevant instructions and clarifications contained in the Internet and provisions and additional agreements.
4.2 No part of the contractual obligations of moRentals, notwithstanding any reporting obligations, warning and good use, circumstances that are not directly related to renting and related services or benefits, especially with regard to renting around the beach and the town of destination.
4.3 moRentals strives to meet special customer requests within its means. Special requests, conditional reserves and possible verbal agreements are only valid, as long as the moRentals confirms by letter or by sending an email.
4.4 Third parties are not permitted without the prior written consent of moRentals, to make concessions or make decisions on their own, if they are not expressly authorized. The person responsible for delivering of the keys, it is not authorized by moRentals to make declarations which have legal force.
4.5 The price of accommodation and other expenses arise from the booking confirmation. If the stay is spread over more than one season, the amount of the price is calculated proportionally. The optional additional expenses or those charged according to consumption, for example. electricity, gas, heating, telephone, local taxes and cleaning costs, extra linens, towels, firewood or other services provided by facility owners or third parties, are usually included in the price accommodation. Otherwise these expenses are considered not paid.
5. Performance and price changes
5.1 Changes or differences of specific performance with respect to agreed in the contract of stay, that occur after the conclusion of the contract and not caused by moRentals in bad faith, shall be permitted only when they are not significant and do not affect severely the overall content of the booked stay. Possible insure claims remain intact as long as the modified benefits are defective.
5.2 The data contained in internet in general are binding moRentals, provided they have been an integral part of the contract of stay. moRentals expressly reserves, for important reasons, objectively justified and unpredictable before conclusion of the contract the right to explain the reasons for a change in the information in Internet, giving notice of the customer before booking.
5.3 moRentals reserves the right to modify the price quoted and confirmed in reserve, in case the exchange rate affects the stay is changed, or if the amount of taxes or charges need to be amended in the amount by which impact on the price of the stay, providing that between the date of booking confirmation and the expected date of arrival at the accommodation has a period of more than four months. In this case moRentals inform the customer immediately and in any event within 21 days of arrival at the accommodation. After this deadline shall not be price increases.
5.4 If the price has increased by more than 5%, or fundamental benefits of the stay are modified substantially, the user may withdraw from the contract without cost, or request a stay with similar or superior characteristics, providing that moRentals is able to offer an alternative without extra cost. The customer is obliged to make use of this right over moRentals immediately after receiving the notice.
5.5. The minimum price guarantee applies that in the event that the customer finds the same house or apartment, within 8 days of the reservation, at a lower price and it can demonstrated that the cheapest offer of another operator equals in performance to that made by moRentals. In this case the user gets the cheapest price also from moRentals. The basis of comparison is the price, which appears in the search engine or catalog of another operator and that it is capable of booking. The comparison should be based on the same period of time, the same number of people with the same guarantees as moRentals offers.
6. Special customer obligations and deposit
6.1 Completion dates of arrival and departure are binding. The arrival takes place between 13:00 to 15:00 hours. In case of delay the customer has to contact the person/office in charge of the delivering of the keys indicated in the documentation for accommodation. You can not demand the delivery of keys and entrance to the property if you arrive later than the agreed time. The checkout takes place before 10:00. The customer can use the furniture and equipment belonging to the housing. It is bound to take care of accommodation, all objects included in the inventory of self and community assets, where appropriate, with due diligence and respect the neighborhood. The damage caused by the customer or his companions during the stay must be communicated and repaired immediately.
6.2 The holiday accommodation may only be occupied by the number of people that have been previously indicated at booking. Children count as adults for the purposes of occupation. Extra people can be rejected at destination or be billed additionally.
6.3 Pets are only allowed in the property whenever is expressly indicated. In all other cases, prior and written authorization is required from moRentals. The customer must respect the existing rules on the entry of pets. Failure to observe the relevant provisions can motivate to refuse the booking or additional amounts invoiced.
6.4 The person responsible for delivering of the keys may request payment of an damage deposit. Provided that nothing is indicated in the contract, the deposit may be paid in cash. The day of departure from the accommodation the deposit shall be returned -taking out the additional costs if were generated and any damage the customer had been produced-. The return of the deposit does not affect any claims and especially does not mean a waiver to claim damages.
6.5 Customers must make before leaving the house basic cleaning jobs in the property, especially as cleaning of utensils, crockery and cutlery.
7. Cancellation, booking and people change
7.1 The customer may cancel the stay at any time before the date of arrival. The declaration of cancellation shall take effect upon receipt by moRentals. We recommend customers to submit an annulment by writing.
7.2 If the customer cancels the contract or the substitution person, designated by the user, does not start the stay, moRentals is entitled to claim costs. To calculate the amount due, you have to deduct the lower expenditure incurred and services that may have otherwise been reused.
7.3 moRentals can set the process in case of cancellation as follows:
If the cancellation is done until 43 days before the check-in: Charge of 15% of the booking (excluding card payment charges).
If the cancellation is done from 42 to 29 days before the check-in: Charge of 50% of the booking (excluding card payment charges).
If the cancellation is done from 28 to check-in: Charge of 100% of the booking.
7.4 moRentals is authorized, in specific cases, to claim amounts above the established cases in which moRentals must justify and document these be itemized.
7.5 For any modifications in the reservation as the arrival to the accommodation itself is concerned, moRentals will not charge processing fees if it is produced with a minimum of 30 days before arrival. After this period, it can not be processed requests for modifications due to reasons of internal organization. In such cases it will only be possible to cancel your existing booking and make a new booking, providing that no case of modification requested involve a negligible cost.
7.6 To avoid misunderstandings and documentary evidence, the customer must send in writing all cancellation requests, modification and other changes. The costs that arise from the changes and cancellations are due immediately.
7.7 To prevent the client bears the mentioned cancellation fees it is strongly advised to take out insurance to cover cancellation fees.
7.8 moRentals guarantees to the owner the payment corresponding to a percentage (according to the previous detail under point 7.3) of the reserve when it is canceled by the traveler and it is not possible to replace the said reservation by another of equal amount. If instead the cancellation is made by the owner, moRentals deduct the amount of the next reserve an amount equal to the corresponding percentage of the canceled booking (following the breakdown in 7.3.).
8. Cancellation and termination by moRentals
moRentals may cancel the contract before the arrival at the accommodation or terminate the contract after the start of stay:
8.1 Without being subject to any time limit in cases where the customer or his companions make impossible to perform the stay, despite of having been warned about, causing severe discomfort and endangering others with their behavior, or acting completely contrary to the established in the contract and then been grounds for immediate termination.
8.2 Without being subject to any term, in cases where the conduct of the stay as agreed contractually can not be accomplished without serious jeopardy or serious injury to people, because of force majeure unforeseeable at the time of the contract of booking. If mo Rentals finish the contract according to the point 8.1, the price of the reservation is lost. If moRentals resolve the contract under point 8.2 before the arrival to the accommodation, all the amounts paid shall be returned immediately excluding further financial claims; if moRentals has resolved the contract after the start of stay, it will be returned to the customer the proportional amount corresponding to lower expenses borne by moRentals around the stay in question.
9. Customer obligations and rights
9.1 The customer must immediately report defects discovered to the person responsible for delivering the keys or the person who is indicated on the travel documents to claim the necessary assistance. In the case of failure to communicate these deficiencies during the stay, the customer loses the right to subsequently claim, unless it can be shown that this omission was not his fault. If the deficiencies can not be corrected or can not be remedied satisfactorily at the time, this fact will be communicated exclusively to moRentals.
9.2 In the event of preexisting damage of which moRentals is liable according to the contract, customer is authorized to terminate the contract unilaterally. Termination of the contract for this reason it requires that the customer has previously reported the incident and requested that defects need to be remedied by putting down a period defined by law, unless the terms are expendable.
9.3 User is required to submit financial claims arising from the contract within one month of completion of the stay and only can assert claims against moRentals. After this time user may only assert their claims in the case the user has been prevented by force to assert them within a given time and without any fault on his part.
10. Scope of responsibility and position of the contact person on arrival
10.1 The contractual liability of moRentals regarding compensation for damages other than personal it is limited to three times the total price of the stay, as it occurs in customer injury by moRentals without bad faith or gross negligence, or in the case that moRentals is legally responsible for damages caused by the guilt of a service provider only.
10.2 moRentals is not responsible for the shortcomings of benefits in which moRentals only acts as broker and clearly were stated as provided by third parties.
10.3 From participation in sports and other holiday activities only the customer responds. The sports facilities, equipment and vehicles need to be checked by the customer before being used. In the case of accidents occurring during sports or other holiday activities, moRentals will only be liable in case of guilt. moRentals recommends taking a sports accident insurance.
10.4 The contact persons at the destination does not perform functions of guide, or have power to recognize any claim, or to make or accept legally binding declarations.
11. Rules on passport, visa, currency and health regulatinons
11.1 The customer must keep both passports and identity cards with validity for the intended travel. Children may be included in the parent’s passport. In some countries they must have its own passport.
11.2 moRentals is not responsible for the timely issuance of visas for diplomatic representatives, as appropriate, except where it is expressly managed or commissioned by moRentals. For visa from the corresponding government customer should need about 8 weeks to obtain them.
11.3 The customer is responsible for compliance with the provisions and regulations. The disadvantages, especially the payment of cancellation fees generated by the non-compliance with these provisions, borne by the customer, excluding those that have occurred by moRentals with guilt for incorrect information provided, or the absence of such information.
12. Periods of limitation, prohibition of assignment
12.1 User economic claims against moRentals as well as claims of his companions, regardless of their legal status will be prescribed one year after the end of the stay. Especially include those relating to the breach of pre- and post-contractual obligations and ancillary contractual obligations.
12.2 The transfer of financial claims against moRentals to third parties, also including spouses and relatives-regardless of legal justification, is completely excluded. Similarly, the judicial assessment of the assigned claims are excluded.
13. Other provisions
13.1 If any of these provisions were inoperative, the other provisions remain valid. The contract understood as a whole maintains its effectiveness.
13.2 For lawsuits that have as their object this contract, only apply the laws of Spain.
13.3 The customer can only sue moRentals in its address. The demands that moRentals will bring against customers will take place where the customer reside, unless demand is directed against legal entities or natural persons that after conclusion of the contract have transferred their residence or habitual residence abroad or whose domicile or habitual residence is not known at the time of filing the lawsuit. In these cases the court that corresponds is the registered office of moRentals, the ordinary court of Malaga.
14. Local rules
14.1. Accepting our Terms & Conditions and signing in our website, you confirm that your are following the local rules.