Terms & conditions
1.1.- The following Terms and Conditions govern the relationship between contracting guests, properties and advertisers business owners in Sóller Valley, applicable to guests (hereafter, the Guest) who books and/or pay an accommodation or service advertised by an owner through the platform of Sóller Valley, to the owners (hereafter, the Owner) of properties and/or business that use the platform of Sóller Valley to advertise, as well as Karjam Software, SL as the Owner of Sóller Valley (hereafter, the Provider) and who provides the technological platform for such effects previously described.
1.2.- The applicable and current version to the Owner and to the Guest will be the one in force at the moment when they consult the portal in line of the Provider. In this portal, only the version that is currently in force will be visible and will be accessible to any consultation during the whole period of its validity. The Provider does not have the obligation to preserve the previous versions of the General Terms and Conditions of Use. The Provider suggests to print a copy of the version in force and to preserve it in its power.
1.3.- The Owner, acting on behalf of a legal person, declares to have the sufficient representation power to grant consent to these Terms on behalf of the represented companies.
1.4.- The Provider will not provide any service to any person without sufficient legal capacity for the conclusion of a contract.
2.1.- The objective of the Provider is, only and exclusively, rental of advertising space on an online portal in which the Owner may propose renting accommodations or services that the Provider possess or manage. The Provider has as aim, furthermore, to facilitate contact between the Owner and the Guest, as well as requests and reservations to the announcements of the rents published in the portal.
2.2.- The Provider is a third party in the contract celebrated between the Owner and the Guest. It will not be possible to demand responsibility from him, criminal or contractual, for the resolution or any other intermediary’s role that it could have between the Owner and the Guest, or for the consequences, of whatever kind, resultant from a litigation between the Owner and the Guest.
2.3.- The Provider, if a problem exists between the Owner and the Guest, promises to come up between them to find the best solution for the sake of both.
3.1.- The Guest, to be able to validate the reserve of a property or housing in rent, will have to make effective the deposit of 20 % corresponding to the whole amount of the above mentioned property by the payment platform online provided by the Provider.
3.2.- The Provider promises to emit to the Guest an invoice for the quantity of the deposit described in the point 3.1, after the payment online.
3.3.- The Guest agrees to pay the remaining 80% of the total rent upon arrival at the chosen property and directly to the Owner or the representation of the Owner.
3.4.- The Owner promises to deliver an invoice corresponding to the total of 80 % remaining paid by the Guest upon arrival at the property.
4.1.- The Guest HAS NOT a RIGHT to demand a refund of the deposit if a cancellation is done due to a “travel mishap”.
4.2.- The Guest HAS a RIGHT to demand a refund from the Owner in case of a breach of the offered by the Owner. A “breach of the offered by the Owner” can be:
- (a) The Owner cancels a reservation shortly before the start date of the reserved period.
- (b) The Owner does not provide to the Guest a reasonable form to gain access to the accommodation. For example, by means of the supply of the keys or a safety code.
- (c) The description of the accommodation in the advertisement of the website is materially inaccurate with regard to the size of the accommodation, number and size of bedrooms, baths, kitchens or other rooms, or if the reserve for the accommodation corresponds to a private or shared room, or if the Owner will use the accommodation during the reserve, or the services or special characteristics indicated in the description of the advertisement are not provided or they are out of order, like for example yards, swimming pools, bathtubs, bathrooms, kitchen and electrical systems of heating or air conditioning, or the physical place of the accommodation.
- (d) At the start of the booking of the Guest, the accommodation is not clean, and the bathrooms threat to the health or safety that it would be logical to think that will adversely affect the Guest’s stay at the accommodation, or it does not include bed linen and clean towels for the use of the Guest or contains insects or animals of company not mentioned in the announcement.
4.3.- In order to exercise its right to reimbursement, the Guest must send a valid claim with regard to the reasons fulfilling the following conditions:
- (a) Report of “a breach of the offered by the Owner”, directly to the Provider in writing (sollervalley.com/contact) or by phone and provide the data, including photographs or any other proof on the accommodation and the circumstances of the mishap of travel in the 24 hours following the start of your booking and to respond to any request by the Provider for additional information or cooperation about the travel mishap.
- (b) Not having directly or indirectly caused the “breach of the offered by the Owner”, by action, omission or negligence.
- (c) Having made reasonable efforts to try to solve the circumstances of the problem with the Owner before making a claim.
4.4.- In the absence of the requirements mentioned above, the Guest may not claim the deposit for the booking of the property.
4.5.- The Owner agrees, to its entire tact, to refund to the Guest with the quantity that has received from the Gues at the moment of the beginning of the reserve, as it determines it to its only tact, according to the nature of the problem of non-compliance whith the Owner´s offer, or do an reasonable effort to locate and to reserve in its name another accommodation in exchange for the remaining nights not useed in its reserve that, it is reasonably comparable to the accommodation described in its original reserve as for size, rooms, functions and quality.
5.1.- The Owner is responsible for ensuring that the accommodation advertised on the website comply with the minimum standards of quality in terms of access, appropriateness of the description contained in the website, safety and cleanliness, as well as to avoid the Guest suffers setbacks on the road. During the period of 24 hours following the arrival of the Guest, the Owner must be available or make that a third person be available, in order to try, honestly, to solve any mishap to the Guest.
6.1.- In order to publish an advertisement on the website, the Owner must be fully identified with the Provider and comply with the requirements of sufficient and proven legal capacity for the conclusion of a contract, as well as ensure that all the information that the Owner provides to be published is accurate, real and is up to date.
6.2.- In the case of properties and houses rented through the website, the Provider receives a commission of 20% on the total price of the posted property and which is rented by a Guest. This commission is paid by the Guest and in any case is binding to the Owner.
6.3.- In the case of sold properties or homes, the Provider receives a commission previously agreed with the Owner about the total price of the posted property and sold through the website. In any case, this commission will be paid by the Owner.
6.4.- In the case of businesses, services and products offered on the website, the Provider receives a payment according to the type of available plan chosen by the Owner and which are set out in the offer of services.
6.5.- The advertising spaces are assigned for the duration of the plan hired by the Owner, that starts on the date of actual payment of the subscription by the Owner, and expires on the last day of the subscription. For example, for a one-year subscription, if the payment date is February 1, the subscription expires on January 31 of the following year.
6.6.- Any subscription or additional service previously paid will be renewed automatically and indefinitely when their respective period of validity expires. The subscription will be renewed for the same period as the initially hired at the price prevailing at the time of renewal and the additional service will be renewed for the same duration as the subscription renewed. None of the special discounts granted in the first inscription is applied in case of a renewal of the subscription period.
6.7.- The payment of the advertisement for the Owner of a business, service or product has to be done to the Provider by transference, draft, bank card, or of any other form previously authorized by the Provider. All the bank expenses and costs caused by the payment will run exclusively in charge of the Owner.
6.8.- When the Owner of a business, product or service hires a subscription for an advertisement, but it does not finish the creation of this advertisement, or the above mentioned advertisement does not appear in the website, the Provider will proceed to its refund only by request of the Owner by means of the contact form during the first 30 days after the effective payment of the subscription and only if the advertisement has not been published during these first 30 days or the fact that the advertisement does not appear in the website because the Owner has not followed the indications of the Provider to complete its advertisement.
6.9.- The Provider reserves the right to refuse to publish an advertisement considered fraudulent or contravenes the provisions of the present General Conditions.
If the Provider establishes or alleges that:
- (a) An advertisement or any other content associated with an Owner constitutes an infraction of the guidelines on content, the Law, the applicable rules or the rights of every natural or juridical person.
- (b) An Owner has published an inappropriate content or has used the site in a wrong way.
- (c) The advertisement of an Owner or its rent practices are unacceptable or unjust. For example, without limiting itself to it, if an Owner carries out a double rent for the same property to different Guests at the same date, or carries out any other activity that could be considered unjust or improper towards the uses of the sector.
- (d) The Owner violates these Terms and Conditions or any other obligation towards the Provider and/or the Guest.
- (f) The Owner uses a false identity.
- (g) The Owner misused the communication systems of the site.
If any behavior similar to those described above has been observed, then the Provider is entitled to terminate the contract or withdraw the advertisement subject of the dispute, all advertisements that the Owner is holdering (as well as, with greater accuracy, all supplementary services in payment and offers in relation with the advertisements), immediately and being not possible the refund of the costs of subscription or any other cost incurred by the Owner. The Provider has no legal obligation to monitoring nor investigating the complaints.
8.1.- The Provider reserves the right to modify the layout of the site at any time and without preventing the Owner in advance, whenever the above mentioned modifications do not affect to the object or the necessary functionality of the portal for the protection of the interests of the Provider and do not reduce seriously the interests of the Owner.
8.2.- The Provider undertakes to make reasonable efforts to commercial level so transmitted forms of file or printed photographs reproduced in advertisements are as faithfully as possible to the original. However, the Owner recognizes having been informed by the Provider that may reveal differences in comparison with the original images, following digitization of non-digital images or according to the settings of each monitor.
8.3.- in order to keep the site updated from the technical point of view, the Provider may be forced to carry out occasional maintenance that may result in restrictions on access to the site. To the extent possible, the Provider will set the maintenance for an appropriate moment affecting as little as possible the interests of the Owner.
8.4.- The Provider offers a system of electronic communications so the Owner and the Guest could use it to get in touch. The Provider will make reasonable efforts at commercial level to be sure that this system is protected, however, the Owner recognizes that the Provider cannot guarantee that a third party cannot use or access the supplier system to read, intercept, or copy messages sent to the Owner and/or the Guest. The Provider rejects all liability for unlawful use of the site and its database and access by a third party.
8.5.- The Provider shall be subject to the provisions of the Organic Law 15/1999, of December 13, for the Protection of Personal Data and its development standards and to the site’s Data Protection Policy. The Owner accepts that his data, in particular its phone numbers and its e-mail addresses, is transmitted to the Guest in order to get more information about its property(ies). For any additional information, see our data protection policy.
8.6.- The Provider is subject to the provisions to the Law 34/2002, of July 11, of Services of the Information Society and of Electronic Commerce, as these dispositions affect the Provider.
9.1.- The Provider is the exclusive Owner of this website. Any reproduction of the site, in whole or in part, is strictly prohibited.
9.2.- The Owner can download, show or print individual pages in order to prove the existence of the contract celebrated between the Provider and itself. The mention “Sóller Valley © 2014. All Rights reserved. Powered by Karjam” must be clearly legible in all the files and the impressions of these documents.
10.1.- The Owner must submit accurate data about its identity and payment details, and may not publish rental properties advertisements which the Owner does not hold sufficient powers.
10.2.- The Owner agrees to comply in time and form all communication that directly affects its property, business, service or product announcement. In particular, the actions directly related to the update of the calendar of availability of its announcement, updating it as the property of the advertisement is booked.
10.3.- The Owner will facilitate the accurate and complete information concerning the property.
10.4.- The Owner agrees to accept the legal obligations defined in the Law 34/2002, of 11 July, of Services of the Society of Information and Electronic Commerce on the information relating to the property that should be offered to the Guest, as those provisions affect the Owner.
10.5.- The Owner will be submitted to the Organic Law 15/1999, of December 13, for the Protection of Personal Data and its Development Policy, especially in regard to the obligation to provide information to the Guest, to rectify the data provided by the Guest to the Provider and submit to any Legislation and Legal Provision related to the collection, storage and use of the data.
10.6.- The Owner is the only person in charge of the invoicing, accounting and liquidation towards the competent authorities for any tax, charge or fees (included VAT, when it is applicable) on the income that the Owner perceives.
10.7.- If the Owner is subject to the VAT in its residence country, so the Owner has to provide to the Provider its valid number VAT. This number has to be validated by the system VIES (http://ec.europa.eu/taxation_customs/vies/). The Owner will have to provide its number of valid VAT immediately, and in any case in the thirty (30) days following the record. If the VAT number is communicated later than the thirty (30) days, the Provider will not proceed to any refund of the VAT.
11.1.- The Owner declares owning all the rights concerning the text, images and any other content of the notice sent to the Provider. The Owner declares, in particular, having the necessary authorization of the persons depicted in all the published photographs and having the permission of the author to use the pictures that represent its property(ies).
11.2.- The Owner declares that it is authorized to use any registered trademark or any other right of industrial property or intellectual relative to objects or persons represented in any image or symbol as its advertisement contains some of the above elements.
11.3.- The Provider reserves the right to edit the content transmitted by the Owner in a way that is not relevant, in order to comply with the guidelines on content or with our format requirements, or to improve the quality of the texts and photographs in accordance with the information available on the accommodation announced. The Owner is charged to review the content of its advertisement and make sure that reflects the reality and it cannot lead to confusion or deception on the characteristics of the advertised property.
11.4.- The Owner entirely exempts the Provider against all claims made by a third party, especially all claims from a Guest against the Provider and/or the Owner in relation whith an advertisement published on the portal of the Provider by the Owner.
11.5.- The Owner cannot use the content of the Provider´s website, its marks, logotypes nor the information published by the place, through any automated or manual way, in particular to copy, spread, reproduce, treat, translate, compile or to grant any other right of use of information or other; neither it is authorized to make them, deliberately or not, partial or completely, available to the public.
11.6.- The Owner cannot use any procedure or automatic mechanism, such as the indexing robots or other, to monitor the content of the Provider´s site, including communications between users.
11.7.- The Owner cannot publish a content that should constitute a material breach of any Legislation, Penal Regulation or of another type in force, especially the relative to the Protection of Personal Data and Private Life, or incite anybody to infringe them.
11.8.- The Owner cannot use or gain access to the Provider´s place in a way that could affect to the computer system or to the website.
11.9.- The Owner cannot make reference to the Provider or its affiliates in any way that might give the impression that the Owner, its company, its property, its announcement or its site are sponsored, affiliated, partners, collaborators or approved in any way by the Provider or its affiliates.
12.1.- If the Owner does not comply with the obligations or prohibitions mentioned in the present General Conditions, if the Owner delayes the payment of the cost of subscription or any other cost, or if a third party requests the elimination of a notice on the basis of an alleged violation of trademarks, copyright, or of the Legislation concerning the Competition or the Protection of Privacy and/or of the Personal Data, or for any other valid reason and the Owner cannot demonstrate to the Provider with a proof that the Owner holds the right to make available to the public the content, images and/or pictures included, the Provider will have the right to choose between block, delete temporarily or permanently, or fit it in a lower category of the originally signed, the announcement of the Owner, without prejudice to any other legal measure, and the Owner will be unable to demand compensation or refund of the subscription period not enjoyed.
13.1.- In case of violation of one of the Provider´s essential obligations, its responsibility will be limited itself to the quantity paid for the Owner to the Provider with regard to the publication of the advertisement in the Provider´s portal.
13.2.- In no case the Provider will be considered responsible for the dismissed lucre or any other direct or indirect, special, incidental, nor punitive damage caused by the site, its use, nor a transaction carried out by the users, even if the Provider has been alerted of the contingency of such a prejudice. If you do not agree with any provision of these General Terms and Conditions, you are urged not to use this site. In any case, the Provider´s liability towards the users is limited to the highest amount between the amounts paid by the Owner in the 6 months prior to the Legal Action involving the declaration of liability of the Provider and untill a maximum amount of one hundred and fifty euros (150,00 € ).
14.1.- The relations between the contracting parties will be governed exclusively by the Spanish Law.
14.2.- The resolution of any dispute between the Provider and the Owner will be the sole responsibility of the Courts of Palma de Majorca, Spain.
Last modified: 22 September 2014.