TERMS & CONDITIONS

GENERAL
TERMS AND CONDITIONS FOR
CONTRACTING

GC1. Introduction and regulations on contracting

This agreement comprises the General Terms and Conditions for Contracting the on-line sale services provided on this web site by Localnomad Ltd, our "Company" to the purchaser of the service: the "User".

The User declares that all of the details and information provided are correct, and that he/she understands and accepts all of the TERMS AND CONDITIONS that are set out hereunder.

GC2. Personal data of the user

The personal data provided by the User is confidential and protected by virtue of which the regulations on the security of automated files containing personal data are approved as well as the other legal provisions that are applicable thereto.

Users are informed that all such security levels regarding the protection of personal data as are required by law have been adopted, and that all the resources and technical means possible have been installed to avoid the loss, misuse, alteration, non-authorized access and theft of any and all personal data provided. The User must, however, be aware that the security measures on internet are not impregnable.

Under no circumstances shall the personal data of the Users be employed for purposes other than those described hereunder.

The Users are entitled to and may exercise the rights of access, cancellation, rectification and opposition to the handling, use and assignment of their data by notification to be sent to our Company at the electronic mail address displayed in the contact section of the webs, or by post to our Company, stating name and surname, the petition in question and an electronic mail address.

Under no circumstances shall the personal data collected on the Users be assigned without the express consent of the User.

GC3. Intellectual property

The texts and graphic elements comprising this web page and disseminated there from as well as the presentation and placement thereof are the exclusive property of our Company. Therefore, they comprise works such as those that are protected by European Community law within the scope of intellectual property, and are also protected by the international conventions signed in this field.

Our Company does not grant any licenses or use rights whatsoever on its industrial or intellectual property rights or on any other property or right in relation to this web page unless as otherwise expressly agreed with third parties.

The Users may only reproduce the content of the web page for the sole purpose of making a reservation: storing the said content, making security copies thereof and printing the said content on paper.

Notwithstanding the foregoing, any reproduction or presentation of the content of this web page or any of its elements for commercial purposes or for any use other than that stated above shall be prohibited unless express written approval thereof has been granted by our Company. Any breach of the foregoing condition shall be grounds for our Company to bring the proceedings that are necessary in defense of its interests.

GC4. Subject matter

The subject matter of the GENERAL TERMS AND CONDITIONS set out hereunder is to define the terms and conditions according to which our Company is to provide the service/s that the User accepts without reservations or limitations.

These GENERAL TERMS AND CONDITIONS may, where necessary, be complemented by special conditions. The acceptance and/or validation on the part of the User of an application form issued by our Company implies acceptance without reservation of the GENERAL TERMS AND CONDITIONS set out hereunder.

GC5. Provision of service and form of provision

The services accessible by the Users on the web page that are offered by our Company are free of charge and the User will not be bound to pay any consideration for the said services. Nevertheless, the use of some of the services of the web page may only be accessed by subscription or registration on the part of the User.

The User may contract one or several of the services that are specified on the web page. This may be done at any time during the term of this agreement upon acceptance by the User of the terms and conditions set out thereunder.

The provision of such services shall be governed in accordance with the TERMS AND CONDITIONS that are set out hereunder, and as the case may be, under the corresponding special conditions that are applicable to the services requiring the said conditions. The said provision is based on the contracting by the User of any of the services offered by our Company on the web page of the latter.

GC6. Modification to the terms and conditions

The TERMS AND CONDITIONS may undergo changes which shall be notified to the Users by announcement on the web page.

The modification or cancellation of one or more of the agreements set out hereunder does not imply the cancellation or nullity of the other agreements or the cancellation of the contractual relations with the Users.

GC7. Liability

A - OF THE SERVICE PROVIDER

Our Company shall not be liable for any type of damages that might derive from any of the following:

  1. The alteration of privacy and security through the use and content of the web page and the services by third parties that are not bound thereto, in accordance with the law currently in force.
  2. The presence of false elements in the services offered by third parties across the web page that might cause alterations in the computer system, electronic documents or files of the User.
  3. The lack of veracity, accuracy, exhaustiveness or updated status of the content offered by third parties.
  4. The lack of lawfulness, reliability and usefulness of the content of the services offered by third parties across the said page.

B - OF THE USER

The User is the one and only responsible party for his/her identification to access the service and for the use on his/her part of the web page and the services; aware of this, the said User voluntarily accepts this liability.

GC8. Early termination

Our Company may rescind the agreement prior to the expiry thereof without issuing prior notice by denying or withdrawing access to the web page, the services and the content thereof to any Users that fail to comply with the TERMS AND CONDITIONS hereunder.

GC9. Term and termination

The provision of the service of the web page has an open-ended term. Notwithstanding the foregoing, our Company is entitled to terminate or suspend the provision of the web page service and/or any of the services at any time, without prejudice to what might be provided for with respect thereto in the corresponding TERMS AND CONDITIONS. When it is reasonably possible, our Company shall give prior notice of the termination or suspension of the provision of the web page service.

SPECIAL CONDITIONS FOR THE SERVICE: "PROPERTY BOOKING"

SC1. Service description

SC1.1 Our Company advertises accommodation proposals from third party property operators and provides an information service to the Users on accommodation proposals from third parties in a destination. Our Company is not a real estate agency. According to User accommodation criteria (destination, arrival dates, number of nights, amenities, district,...), our Company websites publish and generate automated accommodation proposals from property operators. If the User is interested in an accommodation proposal, he/she must send a booking demand to our Company which offers the service to confirm the reservation of the accommodation proposal. The contact details of the property operator and the exact address of the dwelling house will be indicated in the final confirmation.

SC2. Booking demand, acceptance and final confirmation

SC2.1 Our Company uses all its available means to offer accurate on-line availability calendars. However, we cannot guarantee that at the moment we process your booking request, the accommodation proposal will still be valid. Our Company reserves the right to reject your booking demand and propose alternative solutions, without being responsible for any of the consequences to the User. Any booking demand done on Localnomad.com is subject to our Company’s later agreement. Once received the booking demand from the User, our Company will transmit it to the Owner for acceptance. It is only after the Owner acceptance, that our Company will charge the service to the User and send the final confirmation.

SC2.2 Before the final confirmation notice we could generate an automatic email that informs the User that we have received their booking demand. This email is not the final confirmation notice corresponding to the final acceptance of the booking.

SC2.3 The acceptance of the booking is conditioned by the acceptance from the property operator, and the payment of the service by credit card or whatever other accepted means of payment. The User will receive a final confirmation notice by email, which is the acceptance of the booking demand and the last step of the booking service of our Company.

SC3. Price

SC3.1 Total price includes expenses for consumption of gas, electricity and water, for lease terms of 28 days or less.

SC3.2 For lease terms of 29 nights or over, utilities consumption (gas, electricity and water expenses) shall be separately billed to User, who shall pay them to the property operator according to consumption.

SC3.3 Each accommodation proposal published on Localnomad.com describes if VAT, local taxes and community expenses are included or not. (In some cases, mainly in aparthotels and hotels in the United States, Latin America and London, the price does not include VAT, local taxes and community expenses).

SC3.4 Under no circumstances shall total price always include charges arising from the use of telecommunication services such as telephone or internet. Said charges shall be separately billed to User, who shall pay the corresponding telecommunication bills to the property operator.

SC3.5 Price of the booking service is the down-payment indicated in each accommodation proposal. It must be paid, and money has to be received by our Company for the User to receive the final confirmation.

SC4. Payments

The payment terms are described in each accommodation proposal split into the following:

( i ) First payment specified in the accommodation proposal, as a booking fee for the services of our Company, shall be paid in advance either through bank transfer to the account number of our Company, or through credit card.
Upon receipt by our Company of above mentioned first payment, and checking of the availability of the accommodation, our Company shall immediately book the dwelling house on behalf of User.

( ii ) The other payments specified in the accommodation proposal are due to the property operator. The individual trade conditions and check-in and check-out conditions are specified by the property operator on Localnomad.com in each accommodation proposal. By booking an accommodation proposal, the User accepts all the property operator conditions.

SC5. Cancellations by User

In the event that the CUSTOMER cancels the booking – whether it be for part or the entire duration of the stay – the Localnomad Service fee (payment made at reservation) will be non-refundable.

SC6. Cancellations by our Company

SC6.1 Our Company reserves the right to cancel –in whole or in part – the aforesaid reservation due to acts of the property operator, God, or force majeure, with prior written notice to the User.

SC6.2 In the event of cancellation by our Company, pursuant to provisions of paragraph herein, our Company shall reimburse the User 100% (one hundred percent) of the reservation payment for the dwelling house. Our Company shall not be liable for any damages, losses, lost profits, direct or indirect costs, arising from such cancellation.

SC7. Apartment change upon Client demand

After confirmation of the reservation, if a Client wants to change property, he/she must send an email to the customer service explaining that he/she wants to cancel the first reservation and book a new property. Then the Client has to book a new property. After confirmation of the new reservation, the first reservation will be cancelled. In this case the company reserves the right to charge a cancellation fee corresponding to a maximum of 100% of the reservation payment of the cancelled reservation.

SC8. Security Deposit

SC8.1 The User shall pay a security deposit to the property operator, of the amount specified in paragraph "Security deposit" of the accommodation proposal, to guarantee the proper care of the dwelling house premises and of the furniture and fittings therein. The payment terms and means are specified in each accommodation proposal and confirmation. If the dwelling house is left in the same state as it were the day of arrival, the security deposit will be returned to the User. Our Company is not responsible for any disputes arising from a security deposit refund. The property operator of the accommodation has the right to refuse admittance to guests who do not pay the required security deposit.

SC8.2 Under no circumstances shall the security deposit be used by User as an excuse for delay in making the payments he/she is obliged to make.

SC9. Use of accommodation

SC9.1 The accommodation shall be used for individuals and business travelers., The accommodation should never be used for commercial activities without prior written acceptance from the property operator. Therefore, the User declares that he/she is leasing the accommodation for the purpose of spending his/her holidays or business trip. Under no circumstances shall the accommodation leased under the terms of the contract hereof be used on a habitual residential basis.

SC10. Condition and Maintenance of the Accommodation

User shall keep and maintain the premises in good condition throughout the term of this lease, freely agreed upon by the parties hereto, and he/she covenants to pay to the property operator present market prices in case of any damage or loss to said accommodation, caused either by User or by any other persons staying in said accommodation.

SC11. Behaviour rules

The User will be liable for the correct and decent behavior of all the persons accompanying him/her, according to the house rules listed below. Should that person, or any of the person accompanying him/her not behave in a suitable and responsible way, the property operator shall be entitled to request the User and the persons accompanying him/her to leave the property without the right for the latter to claim any type of compensation.

SC12. House rules

SC12.1 User must respect property neighbors: they are normal working people who need to get up early and go to work every day. Therefore, User must not make noise in the stairwells as well as in the apartment.

SC12.2 In case of complaints from the neighbors due to excessive noise or annoying behavior from the User and/or guests of User the property operator has the right to oblige the User to leave the property immediately, without any refund of the amount already paid for the reservation, and the security deposit will be kept by the property operator.

SC12.3 User must respect no smoking restrictions.

SC12.4 Ecology, energy savings.
User must help the property operator save energy. If User leaves the apartment for a while, the User must make sure that all lights are turned off as well as the air-conditioning and heating put at minimum or switched off.

SC13. Term

These General and Specific Conditions shall be effective and accepted on-line as from the date of the first booking request.

SC14. Assignment of the reservation

The reservation hereof is on behalf of the User, and shall therefore be non-transferable, either in whole or in part, to any other person.

SC15. Indemnification

User holds our Company exempt from any liability arising from any damage or injury that may occur to User and/or guests of User and their collective belongings originated by fixtures and/or structures of the dwelling house and/or the utilities supplied to the dwelling house.

SC16. Termination

In the event of early termination of the contract hereof by User, with no breach on our Company’s part, User shall have no right to any reimbursement of price or of any other expenses paid.

SC17. Cookie policy on www.localnomad.com

CAPAMUNDO COMUNICACIÓN, S.L. may use cookies as part of its service on www.localnomad.com with the consent of the user.

What are cookies?

Cookies are small pieces of data sent to the user’s computer that store information related to the user’s online activity.
We inform you that this website may use first and third party cookies in order to obtain user activity statistics.

This website uses the following cookies:
Name of cookie Party Purpose Lifetime
wishlist_token First To save the current user’s Wishlist in order to facilitate his/her accommodation search.
STATIC_SID First Session cookie used to display photos of properties on our portal. Session
LNSID First User session within our website. Session
search_params[] First To save the search criteria selected by the user, in order to improve his/her experience by saving the dates and destination searched most recently. Session
_pk.id.* First Used by our internal tracking system based on Piwik. This helps us to study the impact of our website on users and improve our service. Two years from the moment of creation, or from when it is updated
__utma Third Used by Google Analytics, a tool that helps us to analyse the usage of our website and as such be able to improve our service for the user.
This cookie generates a unique identifier for the user, to count the number of visits to the site as well as the dates of the first and last visit.
Two years from the moment of creation, or from when it is updated
__utmb Third Used by Google Analytics, a tool that helps us to analyse the usage of our website and as such be able to improve our service for the user.
It identifies when a session is closed.
30 minutes from the moment of creation, or from when it is updated
__utmc Third Used by Google Analytics, a tool that helps us to analyse the usage of our website and as such be able to improve our service for the user.
It checks when a user logs out and whether the session should remain active during the next visit.
Session
__utmz Third Used by Google Analytics, a tool that helps us to analyse the usage of our website and as such be able to improve our service for the user.
It stores information about the origin of the user, such as the source campaign.
Six months from the moment of creation, or from when it is updated
__unam Third Cookie installed by ShareThis, a service used to share content on social networks. It is only used with users who have previously accessed the ShareThis site.
More information can be found on the ShareThis website.
Six months from the moment of creation, or from when it is updated
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