GENERAL CONTRACTING CONDITIONS
This contractual document will govern the procurement of products and services through the website: events.j3padel.com , owned by J3padel Gestión Deportiva SL, hereinafter J3Padel.
The acceptance of this document implies that the USER:
- Has read, understands and understands the exposed thing here.
- It is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period and will be applicable to all contracts made through the J3Padel website.
J3Padel informs that the trade is responsible and knows the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the services contracted by the USER is J3padel Gestión Deportiva SL, with registered office in C/ Hermes, 1 - 2 3 A 29010 Málaga (Málaga), NIF B93366888 and with customer service phone number / USER 654542625.
On the other hand, the USER, registered in the website by means of a user name and password, over which he has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to J3Padel.
Object of the contract
The present contract is intended to regulate the contractual relationship between J3Padel and the USER at the time when the latter accepts, during the online contracting process, the rental of properties for temporary accommodation.
The contractual relationship of accommodation booking involves the rental of the chosen property, for a limited time, in exchange for a determined price and publicly displayed through the website. Extra services must be contracted at the time of booking.
Contracting procedure
The USER, in order to access the services or products offered by J3Padel, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a user name and a password, committing himself to make diligent use of them and not to make them available to third parties, as well as to inform J3Padel of the loss or theft of them or of the possible access by an unauthorized third party, so that the latter may proceed to immediate blocking.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps
1. General contracting clauses.
2. Reservation and payment process
3. Cancellations.
4. Claims.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Purchase process.
10. Applicable guarantees.
11. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with J3Padel will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of J3Padel if it has not been expressly accepted in advance and in writing by J3Padel.
2. BOOKING AND PAYMENT PROCESS
Our automatic system for calculating availability and prices will allow you to choose between different accommodation options and services. In case you are interested, you will have to pay 100% of the price to reserve your place.
Confirmation of the reservation: Once the 100% payment has been made, the reservation will be confirmed instantly and you will immediately receive an e-mail with all the details (apartment address, contact person, dates, etc.)
Security in the online payment: J3Padel is committed to protect the USERS' data to the maximum and does not have access nor can it see at any time the number of the credit card that you enter in the form, this information is encrypted and will be visible exclusively to the bank.
3. CANCELLATIONS (RIGHT OF WITHDRAWAL)
J3Padel will only accept cancellations of reservations in writing by e-mail: events@j3padel.com
- If the reservation is cancelled before 10 days before the arrival date, J3Padel will return to the client 100% of the reservation.
- If the reservation is cancelled after 30 days before the arrival date, the total amount of the reservation will not be refunded to the client
4. CLAIMS
Our goal is to make sure that our customers have a pleasant stay.
If during the rental period there is any breakdown in the installations or electrical appliances, you must immediately notify J3Padel to resolve these incidents as soon as possible.
In case of force majeure (damage caused by water, fire, etc.), J3Padel will replace the reserved accommodation with another of the same characteristics. In the case of unavailability of accommodation, J3Padel will refund the total amount paid.
J3Padel
C/ Hermes, 1 - 2 3 A 29010 Málaga (Málaga)
Telephone: 654542625
Mail: javi@j3padel.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and J3Padel, without the need for recourse to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cessation of the case of force majeure.
6. COMPETITION
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted.
If any provision of these conditions is considered null and void or impossible to comply with, the validity, legality and compliance of the remaining provisions will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood and accepted these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by J3Padel will be understood to be subject to the present General Conditions.
No modification, alteration or agreement contrary to J3Padel's Commercial Proposal or here stipulated will have effect, unless expressly agreed in writing signed by J3Padel, in which case these particular agreements will prevail.
Given the continuous technical advances and improvements in the products, J3Padel reserves the right to modify its specifications with regard to the information provided in its advertising, until the value of the services offered is affected. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable and will be expressed in EURO currency.
The prices applicable to each property are those published on the website. The USER assumes that the economic valuation of some of the services may vary in real time. The prices may change daily until the reservation is made.
Any payment made to J3Padel entails the issuance of an invoice in the name of the registered USER or the company name he has informed at the time of booking. This invoice will be delivered to the USER at the time of completion of the rental and payment of all services contracted.
For any information about the reservation, the USER can contact through the customer service phone number of J3Padel 654542625 or via email to javi@j3padel.com.
9. PROCESS OF PURCHASE
Reservation (purchase request)
From the section Online Reservation, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.
The final price will be calculated according to the selected arrival and departure dates, the people accommodated (adults and children) and the chosen extras.
10. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of 10 July, on Guarantees for the sale of consumer goods and services:
Conformity of the services with the contract
1. Unless proved otherwise, the services shall be deemed to be in accordance with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any one of them inapplicable:
(a) conform to the description given by J3Padel
(b) Suitable for the purposes for which the services of the same type are ordinarily intended.
c) They are suitable for any special use required by the client, when they have made this known to J3Padel at the time of concluding the contract, provided that the client has admitted that the service is suitable for this use.
d) They present the usual quality and performance of a service of the same type that the customer can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by J3Padel.
e) J3Padel describes the details, technical characteristics and photographs of the properties provided by the owners of the properties, so that it is not bound by these public statements.
2. The lack of conformity resulting from a service not carried out or provided will be equated to the lack of conformity of the contract, as long as the responsibility for it falls on J3Padel or under its responsibility; on the contrary, when the service not carried out or provided is due to negligence or bad practice by the USER, it will not be considered any fault of J3Padel and will be considered in accordance with the terms of the contract.
No liability will arise from any lack of conformity which the USER is aware of or could not have been unaware of at the time the contract was concluded or which arises from information supplied by the USER.
Responsibility of J3Padel
J3Padel will be liable to the USER for any lack of conformity at the time of delivery of the accommodation. J3Padel recognises the USER'S right to have the service repaired, replaced, the price reduced and the contract terminated.
Repair and replacement of products
If the service is not in conformity with the contract, the USER may choose to demand the repair or replacement of the service, unless one of these options is impossible or disproportionate. From the moment the USER notifies J3Padel of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions in cases where the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes on J3P costs that are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value the service would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be performed without major inconvenience to the USER.
Rules of repair or replacement of the product
Repair and replacement shall comply with the following rules:
The necessary expenses incurred to correct the lack of conformity of the contracted services will be free of charge for the USER.
They will be carried out within a reasonable time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.
If once the repair is concluded and the property is delivered, it still does not comply with the contract, the USER may demand the replacement of the property, a reduction in the price or the cancellation of the contract.
If the replacement does not bring the property into conformity with the contract, the USER may demand the repair of the property, a reduction in price or the cancellation of the contract.
Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or the replacement of the service and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER.
The resolution will not proceed when the lack of conformity is of little importance.
Deadlines
Unless proved otherwise, the delivery is understood to be made on the day of the booking.
The USER must inform J3Padel of the lack of conformity at the time when he is aware of it or, at the latest, at the end of the stay.
Unless there is proof to the contrary, it will be understood that the USER's communication has taken place within the established period.
11. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. J3Padel and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts closest to Malaga.
In the event that the USER is domiciled outside Spain, J3Padel and the USER expressly renounce any other forum, submitting themselves to the Spanish jurisdiction established in the previous paragraph.