General conditions

E-COMMERCE (ACCOMMODATION BOOKINGS). General Terms and Conditions
GENERAL TERMS AND CONDITIONS
This contractual document governs the booking of accommodation through the website deltavacaciones.es, owned by DELTAVACACIONES DELTA DEL EBRO SL, under the commercial brand DELTA VACACIONES, hereinafter the PROVIDER, whose details can also be found in the Legal Notice of this Website. These Terms and Conditions must remain published on the website for the USER to be able to reproduce and store them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, since those in force at the time of placing orders will be applicable. Contracts are not subject to any formality except in the cases expressly mentioned in the Civil and Commercial Codes and in this law or in other special laws. Acceptance of this document implies that the USER:

• Has read, understands, and comprehends the content herein.
• Is of legal age and has sufficient capacity to contract.
• Assumes all obligations set forth herein.
  These obligations will have an indefinite period of validity and will apply to all contracts made through the PROVIDER’s website. The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without affecting any goods or promotions contracted prior to the modification.

Identity of the contracting parties
On one side, the PROVIDER of the accommodation booking service contracted by the USER is DELTAVACACIONES DELTA DEL EBRO SL, with registered address at C/ Quaranta Quatre, 34, 43894 Camarles (Spain), Tax ID (NIF) B55730634, and a customer/USER service telephone number (+34) 637 53 56 56. On the other, the USER, registered on the website by means of a username and password, over which the USER has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to DELTA VACACIONES.

Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online booking process, the rental of properties for temporary accommodation. The contractual relationship arising from booking accommodation involves renting the chosen property for a limited time in exchange for a determined price publicly displayed through the website. Any additional services must be booked at the time of making the reservation.

Booking procedure
The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and must register through the website by creating a user account. To create the account, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), as specified in the Legal Notice and Privacy Policy of this website. The USER must select a username and password and undertakes to use them diligently and not to make them available to third parties, as well as to inform DELTA VACACIONES of any loss or theft or possible unauthorized access by a third party, so that DELTA VACACIONES can immediately block them. Once the user account has been created, it is reported that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the online contracting procedure will follow these steps:

1. General terms and conditions of contract.
2. Booking activation.
3. Right of withdrawal (cancellations).
4. Claims and online dispute resolution.
5. Force majeure.
6. Competence.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Methods of payment, charges, and discounts.
11. Purchase process.
12. Severability and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL TERMS AND CONDITIONS OF CONTRACT
Unless otherwise stipulated in writing, placing a booking with the PROVIDER implies acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance in writing by the PROVIDER.

Observations:

• Some of the offered properties may not accept groups of young people up to the age of 25.
• Smoking may be prohibited.
• Dangerous breed pets may not be accepted.
  Please check with the agency.

2. BOOKING ACTIVATION AND PAYMENT
The PROVIDER will inform the USER in advance of the procedure to be followed to book the accommodation. Our automatic system for calculating availability and prices allows the USER to choose the apartment or house of interest and immediately pay online 40% of the rental price or, alternatively, make a bank transfer within a maximum period of 48 hours. The PROVIDER will not reserve the accommodation until it has verified that the payment has been made. Once payment has been confirmed, the PROVIDER will contact the USER by email to confirm the reservation. This is understood provided that availability has been confirmed.

Deposit
DELTA VACACIONES requires a deposit of €100, payable at the time of booking. If the tenants are a group of young people (under 25 years old), they must pay €50 per person with a minimum of €250. The deposit is paid by bank card at the time of making the final payment for the requested reservation. Upon departure from the accommodation, after an inspection of the property, this amount will be refunded. In the event of any damage to the accommodation, the cost of such damage will be deducted from the deposit.

Failure to execute the distance contract
If it is impossible to execute the contract because the accommodation is not available within the indicated period of 30 days, the USER will be informed of the lack of availability and shall be entitled to cancel the reservation and receive a refund of the total amount paid, at no cost, and without any liability for damages attributable to the PROVIDER. In the event of an unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of double the amount owed, without prejudice to the right to be compensated for any damages exceeding that amount. The PROVIDER assumes no liability in the event that the service activation does not ultimately occur, if the data provided by the USER are false, inaccurate, or incomplete.

3. CANCELLATIONS (right of withdrawal)
Withdrawal form: https://es.deltavacaciones.es//formulario-solicitud-desistimiento.pdf
The USER has the same rights and deadlines to proceed with a cancellation and/or to claim possible defects or flaws in the reservation, both online and offline. Any cancellation must be communicated to the PROVIDER by requesting a return number via the form provided for this purpose, or by email to reservas@deltavacaciones.es, indicating the corresponding invoice or booking number. In the event of a refund, the USER may be penalized for the following:

• If the reservation is canceled more than 29 days before the arrival date, the PROVIDER will not penalize the USER and will refund 100% of the booking amount.
• If the reservation is canceled between 29 and 7 days before the arrival date, the PROVIDER will refund 50% of the booking amount to the USER.
• If the reservation is canceled less than 7 days before the arrival date, the PROVIDER will not refund any amount of the booking made.
• If the USER does not show up, the PROVIDER will not refund any amount of the booking made.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER deems appropriate will be addressed as soon as possible. Claims may be submitted at the following contact addresses:
DELTA VACACIONES
C/ Quaranta Quatre, 34, 43894 Camarles (Spain)
Phone: (+34) 637 53 56 56
Email: reservas@deltavacaciones.es

If, during the rental period, any breakdown occurs in the facilities or electrical appliances, the USER must immediately inform the PROVIDER so that these incidents can be resolved as soon as possible. In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of similar characteristics. Should there be no other accommodation available, the PROVIDER will refund the full amount paid.

Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the out-of-court resolution of online disputes between the USER and DELTA VACACIONES, without the need to resort to the courts of justice, 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 engage in dialogue with both parties to reach an agreement, with the possibility of suggesting and/or imposing a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
NOTE: This section for filing a claim via the European Commission platform will cease its service on 03/25/2025

5. FORCE MAJEURE
Neither party shall be liable for any failure due to force majeure. The performance of the obligation will be postponed until the force majeure event ceases.

6. COMPETENCE
It is prohibited for the USER to assign, transfer or convey the rights, responsibilities and obligations contracted. If any provision of these conditions is deemed invalid or unenforceable, the validity, legality and enforcement of the remaining provisions shall not in any way be affected or compromised. The USER declares to have read, understood, and accepted these General Terms and Conditions in their entirety.

7. GENERALITIES OF THE OFFER
Details of each booking, such as the accommodation and meal plan, are provided to the USER in the respective description on the website. All sales and deliveries made by DELTA VACACIONES shall be subject to these General Terms and Conditions. No modification, alteration or agreement contrary to DELTA VACACIONES’s Commercial Proposal or what is stipulated herein shall take effect unless expressly agreed in writing and signed by DELTA VACACIONES. In that case, these specific agreements will prevail. Thanks to ongoing technical developments and improvements to the products, DELTA VACACIONES reserves the right to modify their specifications with respect to the information provided in the advertising, as long as it does not affect the value of the services offered. Likewise, these modifications will be valid in the event that, for any reason, the possibility of supplying the offered services is affected.

Check-in and check-out
Check-in*: Check-in takes place every day from 3:00 p.m. to 00:00 a.m. at our offices on C/ Quaranta Quatre, 34, 43894 Camarles (Spain). The accommodation is not available before 5:00 p.m. If you arrive earlier, you can call by phone and leave your luggage at the agency and/or reception. For arrivals after 00:00 a.m., an additional charge of €70.00 will apply. No arrivals are accepted after 1:00 a.m. and check-in will be postponed until the following day at 8:00 a.m. Upon arrival at the agency and in accordance with current legislation, the USER must provide the booking form, and all occupants of the accommodation will be identified. The USER must then sign a rental contract and pay the remaining 60% of the rent, €20.00 for administrative expenses, and the Tourist Tax of €1.00 per day per person over 16 years old, for a maximum of 7 days (Law 5/2012 of 03/20/12. Official Gazette of the Government of Catalonia [DOGC] No. 6094 of 03/23/12) and the deposit. Payment can be made by credit card or in cash. The deposit must always be paid in cash. The accommodation must be left clean and with all kitchen utensils and equipment. Towels and bed linens per person are included in the rental price.
Check-out*: The check-out time from the accommodations is before 11:00 a.m. An agency representative will come to the accommodation at the agreed time to inspect the apartment, collect the keys, and return the deposit.
NOTE: In low season, check-in and check-out times may be flexible. Please contact the agency to arrange times.
At the agreed check-out time, tenants must be ready with their suitcases packed and the apartment tidied up and clean.

Additional services
If the USER is interested in booking an additional service, this must be done at the time of the reservation:
Cleaning

• 1-bedroom accommodation: €50.00
• 2-bedroom accommodation: €60.00
• 3-bedroom accommodation: €70.00
• 4-bedroom accommodation: €80.00
• Private house (terraced): €110.00
• Detached chalet: €160.00
  Baby cot Included in the price.
  Baby seat The rental of a baby seat is €45.00
  Foldable bed The rental of an extra bed is €70.00
  Pets €30 / booking
  NOTE: The accommodations allow pets that are not dangerous breeds; for authorization, DELTA VACACIONES must be informed at the time of booking.

User responsibilities

• The USER agrees to respect the community regulations. During rest hours, from 10:00 p.m. to 9:00 a.m., it is not permitted to use the accommodations for parties or to make noise. Under no circumstances is it allowed for the accommodation to be occupied by more people than the established maximum capacity.
• The use of electricity and water must be rational.
• It is forbidden to hang towels and clothes on balcony railings.
• Pool hours are determined by each community and generally are from 10:00 a.m. to 9:00 p.m. It is prohibited to insert objects such as umbrellas, awnings, etc. into the lawn, or to use inflatable mattresses in the pool.
• Children must always be accompanied by their parents and remain under their responsibility.
• The USER is responsible for the proper conduct of all fellow guests. Otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation without any right to future claims or any kind of compensation.
• Neither DELTA VACACIONES nor the owner shall be liable for any direct or indirect damage that may occur as a consequence of the misuse of the accommodation, including without limitation: destruction, losses following fires, robberies, crime, accidents or other types of damage.

8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each booking include Value Added Tax (VAT). These prices, unless otherwise stated, do not include tourist taxes, travel insurance, shipping costs, handling, packaging, or any other additional and ancillary services to the service purchased. The prices applied to each property are those published on the website and are expressed in EURO currency. The USER accepts that the economic valuation of some services may vary in real time. Prices may change daily while a booking has not yet been made. Any payment made to DELTA VACACIONES entails the issuance of an invoice with the USER’s consent (Art. 63.3 RD 1/2007) in the name of the USER registered or in the name of the company indicated when placing the order. This invoice will be provided to the USER at the end of the rental period, once payment for the booked services has been made. It can also be downloaded in PDF format by accessing the website’s management panel with the user account. If you wish to receive the invoice by email, please request it using any of the means provided by the PROVIDER, noting that at any time you can revoke this decision. For any information about the reservation, the USER may contact DELTA VACACIONES by telephone at (+34) 637 53 56 56 or via email at reservas@deltavacaciones.es.

9. TRANSPORT COSTS
No transport costs.

10. METHODS OF PAYMENT, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following methods of payment for placing an order:

• Bank transfer
• PayPal
• Credit card: card payment will not be accepted if it exceeds ....€

Security measures
This website uses industry-standard information security techniques such as SSL, secure-page data entry, firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls. The PROVIDER undertakes not to allow any transaction that is illegal, or that is deemed by the credit card brands or the acquiring bank to have the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

11. PURCHASE PROCESS
The website has a search system by various parameters to facilitate the choice of accommodation. Types of bookings:

• Immediate confirmation booking: Minimum service price specified on the website. You can make an online booking and add any extra services you need.
• Price not available: If the price for the service is not available, the USER will be informed as soon as possible by email or phone.

Select the check-in and check-out dates, the number of guests (adults and children), and the chosen extra services, and add them to the cart. There, only the selected services, quantity, price, and total amount are shown. Once the cart is saved, taxes, charges, and discounts are calculated based on the data entered. Carts have no administrative linkage; they are only a section where you can simulate a quote without any commitment from either party. From the cart, you can place an order by following these steps to correctly formalize it:

1. Check the billing information.
2. Check the booking details (dates, services...).
3. Choose the payment method.
4. Place the order (purchase).

Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming that the order has been placed. Within a maximum of 24 working hours, an email will be sent to the USER confirming the status of the booking and providing all relevant information. In the "Online Booking" section, you can consult the description and features of the accommodation, the services included, the optional services (extras), and the specific conditions of each property.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, such provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions. The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policy. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall be without prejudice to or affect the exercise of any other right, power or remedy available to the PROVIDER.

13. WARRANTIES AND RETURNS
The warranty of the services offered will be in accordance with the following articles of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Conformity of the services with the contract

1. Unless there is evidence to the contrary, the services are presumed to be in conformity with the contract provided that they meet all the requirements set out below, unless the particular circumstances of the case suggest otherwise:
   a) They conform to the description made by DELTA VACACIONES.
   b) They are suitable for the uses typically intended for services of the same type.
   c) They are suitable for any special use required by the USER when the USER has informed DELTA VACACIONES at the time of the conclusion of the contract, provided that DELTA VACACIONES has admitted that the service is suitable for such intended use.
   d) They display the quality and performance that are normal in a service of the same type that the consumer can reasonably expect, taking into account the nature of the service and, where applicable, the statements on the specific characteristics of the services made by [[Brand]].
   e) DELTA VACACIONES describes the details, technical features, and photographs of the properties provided by their owners, so it is not bound by such public statements.
2. Any lack of conformity resulting from a service not carried out or provided shall be treated as a lack of conformity of the contract, provided that the responsibility lies with DELTA VACACIONES or is under its responsibility. Conversely, when the service not carried out or provided is due to negligence or improper action by the USER, it shall not be deemed a failure by DELTA VACACIONES and shall be considered in accordance with the terms of the contract.
3. There shall be no liability for non-conformities that the USER knew or could not have been unaware of at the time of contracting or which originate from information provided by the USER.

Liability of DELTA VACACIONES
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time the accommodation is delivered. DELTA VACACIONES acknowledges the USER’s right to have the service repaired, to have it replaced, to have the price reduced, and to terminate the contract.

Repair and replacement of the accommodation service

1. If the accommodation service is not in conformity with the contract, the USER may choose between requiring its repair or replacement, unless one of these options is impossible or disproportionate. Once the USER has notified DELTA VACACIONES of the chosen option, both parties must abide by it. This decision by the USER shall be without prejudice to what is stipulated in cases where repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes on DELTA VACACIONES costs which, in comparison with the alternative form of remedy, are unreasonable, 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 remedy could be carried out without significant inconvenience to the USER, shall be considered disproportionate.

The repair and replacement must meet the following requirements:

• They shall be free of charge for the USER, including the necessary expenses to correct the lack of conformity in the services contracted.
• They shall be carried out within a reasonable period of time and without major inconvenience to the USER, taking into account the nature of the services and their purpose for the USER.
• If, once the repair has been completed and the property delivered, it still fails to comply with the contract, the USER may demand a replacement, a reduction in price, or termination of the contract.
• If the replacement fails to bring the property into conformity with the contract, the USER may demand its repair, a reduction in price, or termination of the contract.

Price reduction and termination of the contract
The price reduction and termination of the contract shall take place, at the USER’s choice, if the USER cannot require the repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER. Termination shall not be applicable if the lack of conformity is of minor importance.

Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery had it been in conformity with the contract and the actual value of the product delivered at the time of delivery.

Deadlines
Unless proven otherwise, the service shall be deemed to have been delivered on the day indicated in the reservation. The USER must inform DELTA VACACIONES of any lack of conformity as soon as they become aware of it or, at the latest, upon completion of the stay. Unless proven otherwise, it will be understood that the USER’s notification has taken place within the established timeframe.

14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and interpreted in accordance with Spanish legislation in all matters not expressly set forth. DELTA VACACIONES and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts corresponding to the USER’s place of residence. If the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum and submit to the Dispute Resolution Body that will act as an intermediary between both, in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, please see Clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms and Conditions.