By making a reservation through this WEBSITE, you and your companions expressly accept, without reservation, these conditions of contract.
About the parties involved:
- You (from now TRAVELLER) are contracting a product directly with the chosen accommodation(from now ACCOMMODATION), and therefore, the responsibility of the quality and the conditions of the product is exclusively of the ACCOMMODATION (for example the cleaning or suitability of the ACCOMMODATION).
- This WEBSITE uses VEDADO APARTMENT’s booking engine as a technological and payment management platform for booking processing. When booking through this way, the TRAVELLER is using the VEDADO APARTMENT service to transmit the reservation to the ACCOMMODATION and to make the payment of all or part of the amount of the reservation (according to the payment policy defined by the ACCOMMODATION in VEDADO APARTMENT).
- Identification of VEDADO APARTMENT: VEDADO APARTMENT On-line S.L, a Spanish company legally constituted with, is the owner of an independent computer system of on-line reservations that both the ACCOMMODATION and the WEBSITE have chosen to manage the reservations.
- VEDADO APARTMENT’s system guarantees an independent and secure booking management. It offers a standard framework which establishes the commitments made by the ACCOMMODATION as well as by the TRAVELLER, with the intent to guarantee reservations for both parties. In case of non-compliance with these conditions, VEDADO APARTMENT will not be responsible in any way, but directly the ACCOMODATION and/or the TRAVELLER. In which case VEDADO APARTMENT will try to facilitate a solution by any means that is within its possibilities.
The contractual relationship arising from the reservation, is directly formalized between the TRAVELLER and the ACCOMMODATION. And the ACCOMMODATION is the only responsible for the products and/or touristic services hired.
The data that appear in the ACCOMMODATION in this process have been entered directly by the owner of the ACCOMMODATION, so that VEDADO APARTMENT it is not responsable of any error or omission that could affect both the good term of the reservation and the stay of the TRAVELLER.
During the booking process, all the necessary information to execute the contract is required, among it, the check-in and check-out dates and the TRAVELLERS details, as the person executing the reservation. And the TRAVELLER is responsible for introducing these details correctly and verifying the dates and the ACCOMMODATION information.
In order to confirm the reservation, an prepayment is required. Thisamount corresponds to a part of the total price of the reservation and is set by the ACCOMMODATION. In addition, possible Administrative Expensives could be also required. These amounts are broken down during the booking process.
The booking process itself can offer the TRAVELLER different payment methods to make the aforementioned prepayment. And the payment methods offered are the ones chosen by the ACCOMMODATION. VEDADO APARTMENT provides the ACCOMODATION with the payment gateways in the reservation system as any other technical resource. And in such a case the payment is automatically validatedby VEDADO APARTMENT’s system. This way VEDADO APARTMENT provides a validation made by a system which is independent of the ACCOMMODATION in order to confirm the payment.
Depending on the form of payment chosen, the TRAVELLER has a limited period of time (period that is informed to the TRAVELLER) in which to make the payment, and must be able to be validated by VEDADO APARTMENT (automatically and instantaneously if it is a form of on-line payment -card-, or deferred if it is a form of non on-line payment -bank transfer-). If the payment is not validated within the time limit, the reservation will be automatically cancelled and the TRAVELLER will be notified by email. In such a case, any amount already charged (if a payment has been made, but its validation was not possible within the time limit) will be refunded to the TRAVELLER, however the reservation will not be confirmed.
Once the prepayment has been confirmed, the TRAVELLER will receive and email and the reservation voucher will be displayed on screen. This voucher will contain the ACCOMMODATION’s contact details and all the necessary information.
The TRAVELLER must print and keep this voucher in order to present it at the ACCOMMODATION reception, as well as any other document required during the booking process or in the emails he may receive.
The rest of the amount of the reservation (in the case that the ACCOMMODATION has an advance payment less than the total amount of the reservation) will be managed according to the PAYMENT POLICY that the ACCOMMODATION has defined. This remaining amount can be different to the one specified in the reservation voucher in case the traveller has used any services not expressly included in the reservation (for example, a cleaning fee or any extra services).
The property can charge the balance of the reservation until 45days before the check-in.
THE PRICE INCLUDES
The price is per stay and accommodation and includes all applicable taxes. The terms of water, gas and electricity consumption, bedding and towels, kitchen utensils, tableware and household goods necessary to stay in the ACCOMMODATION are set by the ACCOMMODATION and it is totally independent of VEDADO APARTMENT.
Unless specified otherwise in the ACCOMMODATION SPECIFIC TERMS
THE PRICE DOES NOT INCLUDE
The extras not selected in the booking process or additional services not expressly indicated in the booking voucher or in the ACCOMMODATION form, which must be contracted and paid as stipulated in the PAYMENT POLICY, or failing that upon arrival at the accommodation independently, or as stipulated directly by the ACCOMMODATION.
The tourist taxes that were applicable in each case.
Any security deposit set by the ACCOMMODATION.
ACCOMMODATION CAPACITY AND CONDITIONS
The number of persons occupying the ACCOMMODATION may not exceed the capacity indicated, except in the case of babies (babies are understood as those under 3 years unless the particular policy accommodation defines something different). If the occupancy limit is not specified, it is assumed to be the result of 2 people for each double bed and 1 for each single or extra bed.
The ACCOMMODATION can refuse entry if the number of guests exceeds the hired capacity and this will not result in a claim in this respect.
Pets are allowed only if expressly specified in the booking conditions of the ACCOMMODATION or if agreed with the ACCOMMODATION owner. If you do not respect this rule, the ACCOMMODATION will be entitled to eviction without any compensation.
The TRAVELLER engages to keep the ACCOMMODATION clean and tidy and the way he found it on arrival. He also engages to follow the directions for use and maintenance indicated by the OWNER and to respect any applicable regulations set for the condominium, environment or building where he is, such as noise, waste collection or water consumption regulations, etc.
Failure to comply with these rules entitles the ACCOMMODATION to demand eviction without compensation and the collection of compensation for damages caused, which may be deducted from the deposit (if the ACCOMMODATION had defined it).
KEY COLLECTION & CHECK OUT
Key collection address and date will be indicated on the reservation voucher.
In case of arrival outside these hours, during a weekend or a public holiday, you shall contact the ACCOMMODATION in order to arrange key collection. It is required to notify approximate arrival time. If the traveller does not notify the arrival time, or the time provided is not respected, the ACCOMMODATION may dispose of the property and cancel the reservation without any compensation to the TRAVELLER.
The reservation voucher contains the ACCOMMODATION contact details.
The VEDADO APARTMENT platform offers a trust framework for ACCOMMODATIONS and TRAVELLERS, acting as a “trusted third part” that protects the advance to guarantee the cancellation policy that the ACCOMMODATION configures, and which determines the date up to which the TRAVELLER can cancel with the right to the return of the advance (in which case VEDADO APARTMENT is in charge of such management by returning the return to the TRAVELLER – excluding management costs plus a possible portal commission * -). From this date, the prepayment is available and supervised by the ACCOMMODATION and either the specific cancellation policy (if any) either the agreement reached between the TRAVELLER and the ACCOMMODATION will apply.
* in case of a reservation made from a portal, there could be a non-refundable portal commission, in such a case, this commission will be considered part of the “administrative expenses”.
Cancellation policy guaranteed by VEDADO APARTMENT:
According to the cancellation policy set by the accommodation: you can cancel with the right to a refund up to 60 days before your check-in date. Therefore: You will be refunded the prepayment* if you cancel before 23/03/2020 14:00:00
* With the exception of the cancellation fees (1% of the total amount of the booking + 2% of the payment made). There is also an additional charge of 2% for international cards (outside SEPA), B2B virtual cards and for AMEX
From this moment on, the prepayment will be supervised and processed by the accommodation, according to the following specific policy:
20 days before arrival the client will have to pay 100% of the reservation and will not be entitled to claim any amount on the reservation.
In case of no show you will also lose 100% of the reservation.
VEDADO APARTMENT will act as an impartial mediator between the parties, supervising at any time what is the resolution corresponding to each cancellation, according to the cancellation policy agreed by both parties when booking. In order to do this, if there is a cancellation VEDADO APARTMENT will notify both parties of the corresponding resolution interpreting the cancellation policy signed and accepted on this document by the parties when the reservation was confirmed.
VEDADO APARTMENT will take care of the refund of the prepayment to the TRAVELLER in case the cancellation is made within the time limit. in case the cancellation is made after the time limit, the ACCOMMODATION will manage it according to its specific conditions, if any, or according to the specific agreement reached between the ACCOMMODATION and the TRAVELLER. In such a case, VEDADO APARTMENT will not be in charge of any administrative task.
The ACCOMMODATION accepts and authorises VEDADO APARTMENT to manage the money received when a reservation is being made, according to the time limits set in the cancellation policy and the guarantees contained in this document.
The TRAVELLER accepts that, in case of a refund, VEDADO APARTMENT deducts the Administrative Expenses and the commissions arising from this service. The TRAVELLER as well as the Owner shall be informed of these commissions in case of a cancellation.
Whatever cancellation policy is valid and agreed by both parties when making a reservation, VEDADO APARTMENT shall always admit a bilateral agreement between the parties that may resolve the incident.
VEDADO APARTMENT shall always keep a record of the cancellation policy valid and agreed by both parties when making a reservation, as well as the information proving that both parties admitted it. Since it plays an impartial role, it shall make available for both parties or their legal representatives, as well as for any official organism that so requires, the aforementioned records proving both parties’ commitments when booking.
ACCOMMODATION VALIDATIONS AND GUARANTEES IN VEDADO APARTMENT
As a technical impartial tool for the booking process, VEDADO APARTMENT allows the ACCOMMODATIONS to pass some validations providing safety and guarantees to the TRAVELLER. These are the validations provided by this ACCOMMODATION:
- Signed contract: the VEDADO APARTMENT’s contract of use express conditions (keeping the availability calendar always updated in order to avoid overbooking) have been accepted in the following manner:
Tacit acceptance through registration in VEDADO APARTMENT
- ACCOMMODATION validation: validation of the accommodation existence in the address indicated on its sheet: Avenida 23, nº 508, 10400 (Vedado La Habana), Vedado La Habana.
- Total anti-fraud guarantee: the accommodation can voluntarily work with this anti-fraud guarantee. In case of using it, VEDADO APARTMENT withholds the prepayment and sends it to the accommodation 2 days after arrival date. This guarantee is only applicable in case of reservations completed using payment methods “through VEDADO APARTMENT”.
- Cancellation policy: the ACCOMMODATION engages to respect the cancellation policy determined and manage it according to the section CANCELLATION POLICY.
CANCELLATION AND MODIFICATIONS MADE BY THE ACCOMMODATION
VEDADO APARTMENT avoids overbooking by keeping the availability calendar always updated, in those accommodations working with this system. However, in such a case, the OWNER must give priority to the reservation made through VEDADO APARTMENT or, in default, provide the traveller with another accommodation of equal or higher quality for the same or a lower price at the desired dates. He shall manage it and assume the additional costs arising from this circumstance.
Where this is not possible, or the TRAVELLER doesn’t accept the change, the reservation will be cancelled and the total amount paid as an prepayment when booking will be refunded. The OWNER will be responsible for the aforementioned refund. In case the prepayment is withheld by VEDADO APARTMENT, and on request of both parties VEDADO APARTMENT will manage the refund to the TRAVELLER. The commission charged by VEDADO APARTMENT will always be collected. Any other agreement between the PARTIES shall replace these conditions.
CARD PAYMENT MANAGEMENT AND CARD DATA PROCESSING
- This WEBSITE uses VEDADO APARTMENT’s booking engine as a technological and payment management platform for booking processing.
- When paying the advance by credit/debit card, the TRAVELLER is using the VEDADO APARTMENT service to transmit the reservation to the ACCOMMODATION and to make the payment of all or part of the amount (according to the PAYMENT POLICY defined by the ACCOMMODATION in VEDADO APARTMENT).
- In addition, the card data provided by the TRAVELLER will be stored securely by means of a BankStore service, in order to allow the ACCOMMODATION to display the subsequent charges to said card, as defined in its PAYMENT POLICY.
- The stored card data are not visible for ACCOMMODATION, in compliance with PCI regulations, and can only be used to speed up the collections, pre-authorisations and checks that are necessary to guarantee the collection of the services contracted by the TRAVELLER.
- VEDADO APARTMENT’s Booking Engine includes a Fraud Control system to avoid fraudulent payment transactions. VEDADO APARTMENT reserves the right to stop, cancel or reverse any card payment transaction (and by extension cancel the question) that may be suspicious in this control system.
- The TRAVELLER undertakes to provide true documentation on himself and on the card used, at any time that the ACCOMMODATION or VEDADO APARTMENT requests it. And it is an indispensable condition to be able to enjoy the reservation made to present this documentation in original format at the time of entry into the ACCOMMODATION.
CUSTOMER WARRANTIES AND LIABILITY DISCLAIMER
- The CLIENT (ACCOMMODATION MANAGER) guarantees that he/she has the power of free disposal and the legal and fiscal capacity necessary to manage his/her accommodation, and that he/she complies with all applicable regulations, laws and obligations (fiscal, tax, licenses, etc.). Exonerando a VEDADO APARTMENT.
- The CLIENT (ACCOMMODATION MANAGER) and the TRAVELLER assume the responsibility of providing a truthful, exact and permanently updated identification, both about their identity and about ACCOMMODATION. Guaranteeing the CUSTOMER (ACCOMMODATION MANAGER) at all times that ACCOMMODATIONS exist and has the necessary powers and capacities for its management and offering of the rental service.
- VEDADO APARTMENT limits its responsibilities to the provision of technological service and payment management, and does not act as an intermediary, agency, sales channel or similar. The commercial relations for reservations and their associated responsibilities (invoicing, taxes, …) are always between the ACCOMMODATION and the TRAVELLER, and between the ACCOMMODATION and the WEBSITE where it is advertised. Being VEDADO APARTMENT a mere technological tool that the ACCOMMODATION contracts freely to carry out its management.
- VEDADO APARTMENT is not responsable for any case of overbooking (reservations for the same dates on the same ACCOMMODATION) due to possible technical problems or lack of updating by the CLIENT (ACCOMMODATION MANAGER) or due to lack of updating or problems in any of the connected channels.
The personal data provided by the TRAVELLER when he/she made the reservation are processed by VEDADO APARTMENT because it is the technical tool through which the reservation is managed, with VEDADO APARTMENT acting merely as Treatment Manager by the ACCOMMODATION.
These data are made available to the ACCOMMODATION in order to carry out the requested service. And the ACCOMMODATION undertakes to make correct use of the data according to current legislation.
GOVERNING LAW AND JURISDICTION
In any matters not covered by these conditions, the legislation corresponding to the ACCOMMODATION concerned will be applicable in any case.
The parties, with the waiver of any other applicable jurisdiction, agree to submit to the jurisdiction of the Courts and Tribunals corresponding to the ACCOMMODATION concerned in order to solve any problem arising from the application and interpretation of this contract.