General Conditions

of the private company with limited liability GLASAJA S.L., hereinafter to be designated 'GLASAJA' (owner of domain names www.citysiesta.com and www.Lisbon-Apartmens.com), with registered office at Carrer Carme 40, Pral. 1a, 08001 Barcelona, Spain, duly registered at the Commercial Register of Barcelona, Volume 33376, Folio 0206, Page 231407, 1st Inscription, as well as a branch office in Lisbon, Portugal.

Article 1 DEFINITIONS

In these general terms and conditions shall be understood by: Occupant : natural person or legal entity that occupies accommodation provided by the intervention of GLASAJA for a period as from 3 nights. Supplier : natural person or legal entity that with the intervention of GLASAJA supplies occupant with accommodation for temporary use. Client : other party dealing with GLASAJA. This may therefore be either the occupant or the supplier. Consumer : natural person who is not acting in the pursuit of a profession or business as stipulated in article 6:236 Civil Code. Either supplier or occupant may be consumer.

Article 2 APPLICABILITY

2.1. These general terms and conditions shall constitute part of all contracts concluded by GLASAJA and shall also govern the establishment of these contracts, and also quotations and tenders made by GLASAJA.
2.2 Should any provision prove void, the contract of which these general terms and conditions form part shall remain for the rest as far as possible in force and the provision in question shall be replaced in mutual consultation by a provision that approximates the original provision as closely as possible.

Article 3 ESTABLISHMENT AND IMPLEMENTATION OF THE CONTRACT

3.1 Verbal engagements shall be binding upon GLASAJA only after it has confirmed them explicitly in writing.
3.2 A contract shall be established by written confirmation of the reservation by GLASAJA. This confirmation, which will also serve as invoice, shall be deemed to be a true record of the contract, unless within four days of its dispatch objection is registered against (any part of) the confirmation.
3.3 A client who concludes a contract for one or more third parties shall be jointly and severally liable for all obligations pursuant to this contract.
3.4 Client shall provide in good time to GLASAJA all information that GLASAJA stipulates as being necessary or that the client might reasonably suppose to be necessary to the implementation of the contract, failure to do so entitling GLASAJA to postpone implementation of the contract and/or to charge to client additional costs relating thereto at the customary rates.

Article 4 PRICES

4.1 All prices published by GLASAJA are including V.A.T. unless stipulated otherwise.
4.2 GLASAJA shall impose upon concluding every contract a fixed amount for reservation costs.

Article 5 PAYMENT AND DEFAULT

5.1 The reservation costs and the down payment as agreed upon in respect of the rental price must be paid to GLASAJA within 5 days of the agreement in euros. The reservation through GLASAJA is guaranteed solely from the moment the down payment has been received. Upon receipt of the down payment, GLASAJA will send the occupant a Reservation Confirmation and other relevant information.
5.2 The occupant must pay the supplier in euros the balance of the invoice upon arrival to the person handing over the keys.
5.3 Client shall be legally in default without necessity of any notice thereof when it fails to meet (on time) its obligations to GLASAJA pursuant to this contract, and equally when GLASAJA has sufficient grounds for believing that client is unable to meet its obligations or unable to meet them on time or completely. The contract shall be deemed to be terminated on the date of default. In such case the termination provision of article 6 of these general terms and conditions shall take effect.
5.4 Should client be in default as stipulated in the previous paragraph of this article, then client shall be due from the date that the amount payable is due on demand to the date of actual payment interest on the balance unpaid at the rate of 1% per month, whereby part of a month shall be treated as a whole month. Client shall also be obligated to meet commercial (non-court) collection expenses. These are 15% of the amount recovered, with a minimum of ?140,00 excluding VAT.

Article 6 CANCELLATION

6.1 In the event of (partial) cancellation (whether on the part of supplier or occupant) for the period of accommodation contracted, notice must be given with the least possible delay after the reasons of the cancellation occurred and not later than before the day of arrival at the reserved accommodation with the reasons for cancellation in writing, email or fax at GLASAJA's address. In the absence of such (partial) cancellation, occupant shall be obligated to pay the entire accommodation expenses contracted together with the reservation costs.
6.2 The date of receipt of written cancellation shall be deemed to be the date of cancellation. Cancellation by Supplier
6.3 In the case of (partial) cancellation by supplier of agreed accommodation, the supplier shall forfeit all rights to compensation. Supplier shall in such case be due for payment as cancellation costs the reservation costs due by occupant to GLASAJA, and also the down payment in respect of the accommodation expenses due for the period of accommodation contracted.
6.4 In the case of partial cancellation supplier shall be entitled only to a pro rata portion of the fee to the extent that the occupant was able to use the accommodation.
6.5 In the case of cancellation by supplier GLASAJA shall endeavor occupant with equivalent replacement accommodation. When this is not possible, GLASAJA will refund the reservation costs and the down payment in respect of the accommodation expenses paid by occupant. Cancellation by Occupant
6.6 In the case of cancellation by occupant, occupant shall be due to pay GLASAJA the amount of the reservation costs, and also the down payment in respect of the rental fee. In sofa as these amounts have already been paid by occupant GLASAJA retains the right to rely on set-off.
6.7 In the case of partial cancellation by occupant, occupant shall be due in addition to the reservation costs and the rental fee for that period not canceled, the sum of 25% of the rental fee for the period canceled.
6.8 In the case of cancellation by occupant GLASAJA shall endeavor to find an alternative occupant for supplier.


Article 7 TREATMENT OF ACCOMMODATION

7.1 Occupant undertakes to conduct himself as a good occupant and to employ the accommodation only for the purpose for which it is intended.
7.2 The occupant must notify GLASAJA immediately of any damage the occupant has caused to the accommodation or its contents. Occupant shall be liable both to the supplier and to GLASAJA for such damage.
3.. The occupant is prohibited from letting the accommodation or alienating it for occupation by third parties.

Article 8 COMPLAINTS

8.1 Complaints on services provided must be reported by client to GLASAJA within 48 hours of their being detected, in order that the latter may adopt an appropriate solution.
8.2 Complaints that cannot be resolved on location to the satisfaction of client must be referred in writing to GLASAJA within one month of completion of the period of accommodation. This written notification must stipulate the date of accommodation and the reservation number.

Article 9 LIABILITY

9.1 In cases of damage sustained by client, who is not consumer in the sense stipulated in article 1, due to an act of omission, GLASAJA shall be liable solely when the damage is the result of malice or willful recklessness on the part of GLASAJA or its supervisory personnel. Client, who is not also consumer, indemnifies GLASAJA for any claims instituted by third parties.
9.2 In cases of damage sustained by client, who is also consumer in the sense stipulated in article 1, consisting of damage or loss by theft of items of client's property, GLASAJA shall, in the event that it is held liable, restrict such liability to the amount invoiced for the accommodation for the period of occupancy during which the damage was incurred. In cases of malice or willful recklessness all liability shall be excluded.
9.3 In other cases of damage sustained by client, who is also consumer in the sense stipulated in article 1, GLASAJA's liability shall be limited to the insured portion of the damage, or to that part of it that might reasonably have been insured.

Article 10 FORCE MAJEURE

10.1 During periods of force majeure the obligations of GLASAJA shall be suspended. When the period during which force majeure renders it impossible for GLASAJA to discharge its obligations lasts longer than 3 days either party is entitled to dissolve the contract without being held to any obligation to pay compensation for damages.
10.2 By force majeure shall be understood: every unforeseeable circumstance beyond the influence of GLASAJA or circumstance that might reasonably considered to be beyond its influence, which prevents GLASAJA meeting its obligations pursuant to the contract temporarily or permanently. Such circumstances include: war, war hazard, rioting or other acts of public disorder, fire, natural disasters, strikes, restrictive government measures, a general lack of the goods and services required to establish the service contracted, unforeseeable delays on the part of suppliers or other third parties on which GLASAJA depends and general transport problems.
10.3 When GLASAJA has at the onset of the incident of force majeure met in part its obligations, or is able to meet its obligations only in part it shall be entitled to invoice separately that part that has already been implemented and/or that part that it can implement and the client shall be obligated to pay this invoice as if it were a separate contract.

Article 11 DISPUTES, APPLICABLE LAW AND PERIOD OF LIMITATION

11.1 Spanish law shall govern the contract between GLASAJA and client when the reservation is made in Spain and Portuguese law when the reservation is made in Portugal.
11.2 The Spanish, resp. the Portuguese judge, will be the only competent authority to resolve any conflict, even when client is established abroad and a treaty arrangement would recognize a foreign court as qualified, unless parties agree otherwise. The Vienna Sales Convention shall not apply for any disputes.
11.3 When a dispute is governed by the sole authority of the court, the court of the judicial district of Barcelona, resp. the judicial district of Lisbon, shall be solely qualified. The client, who is also consumer in the sense stipulated in article 1, shall be entitled during a period of one month from GLASAJA appealing in writing to this provision, to opt for settlement of the dispute by civil magistrate qualified by law.
4.. Insofar as not agreed otherwise in writing all client's rights to claim shall expire one year from the date of the incident on which such claim is based.