This contractual document governs the accommodation booking through the website www.puntarasa.com, owned by CS PUNTA RASA SLU, operating under the commercial brand CS PUNTA RASA CHARM HOMES, hereinafter referred to as the PROVIDER, whose contact information is also included in this website’s Legal Notice.
These Terms and Conditions will remain published on the website, available to the USER for reproduction and storage as confirmation of the contract, and may be modified by the PROVIDER at any time. It is the USER's responsibility to read them periodically, as the applicable version will be those in effect at the time of order placement.
Contracts are not subject to any specific formalities except in the cases expressly stated in the Civil and Commercial Codes or in these or other special laws.
Acceptance of this document implies that the USER:
These terms will have an indefinite validity period and apply to all contracts made through the PROVIDER’s website.
The PROVIDER informs that it is responsible for the commerce offered and is aware of the current legislation of the countries to which it provides services, reserving the right to modify these terms unilaterally, without affecting previously contracted goods or promotions.
Identity of the Contracting Parties
On one side, the PROVIDER of the accommodation booking service contracted by the USER is CS PUNTA RASA SLU, with its registered address at Hotel Cala Saona, Cala Saona, 07860 Formentera (ILLES BALEARS), NIF B56543705, and customer/USER service phone number ..........................
On the other side, the USER, registered on the website with a username and password, is fully responsible for their use and safekeeping and is liable for the truthfulness of the personal information provided to CS PUNTA RASA CHARM HOMES.
Purpose of the Contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts, during the online contracting process, the rental of properties for temporary accommodation.
The accommodation booking relationship involves the rental of the selected property for a limited period in exchange for a determined price, publicly displayed on the website. Extra services must be contracted when making the booking.
Contracting Procedure
To access the services or products offered by the PROVIDER, the USER must be of legal age and register on the website by creating a user account. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to use them diligently and not to disclose them to third parties, as well as to inform CS PUNTA RASA CHARM HOMES of any loss or theft or possible unauthorized access by a third party, so that the account can be immediately blocked.
Once the user account has been created, the USER is informed that, in compliance with Article 27 of Law 34/2002 on Information Society and Electronic Commerce Services (LSSICE), the contracting procedure will follow these steps:
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing a reservation with the PROVIDER implies acceptance by the USER of these legal terms. No provision made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF BOOKINGS AND PAYMENT
The PROVIDER will inform the USER beforehand about the procedure required to make a booking.
The automatic availability and pricing system allows the USER to select the apartment or house of interest and immediately make an online payment of 40% of the rental price. Alternatively, the USER can make a bank transfer within a maximum period of 48 hours.
The PROVIDER will not reserve the accommodation until payment has been confirmed. Once payment is verified, the PROVIDER will contact the USER via email to confirm the booking. This condition applies as long as availability has been confirmed.
Security Deposits
CS PUNTA RASA CHARM HOMES has three types of security deposits ranging from €200 to €500. In cases where the tenants are a group of young people, they must pay €50 per person, with a minimum of €250.
The deposit must be paid in cash upon arrival at the accommodation. After an inspection at checkout, the deposit will be returned in cash.
If there are damages to the accommodation, the cost will be deducted from the deposit.
Failure to Execute the Distance Contract
If the contract cannot be executed because the accommodation is unavailable within the expected 30-day period, the USER will be informed of the unavailability and will be entitled to cancel the booking and receive a full refund without any charges, without liability for damages attributable to the PROVIDER.
In the case of an unjustified delay by the PROVIDER in refunding the full amount, the USER may claim double the amount owed, without prejudice to further damages exceeding this amount.
The PROVIDER assumes no responsibility if the activation of the service cannot be completed due to false, inaccurate, or incomplete information provided by the USER.
3. CANCELLATIONS (Right of Withdrawal)
Withdrawal Form: withdrawal-request-form.pdf
The USER has the same rights and deadlines for cancellation and/or to report any possible defects or issues with the booking, both online and offline.
All cancellations must be communicated to the PROVIDER by requesting a return number via the designated form or by emailing info@puntarasa.com, including the relevant invoice or booking number. In case of a refund, the USER may be subject to the following penalties:
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
CS PUNTA RASA SLU informs that Complaint Forms are available to users or consumers upon request. They can be accessed by contacting CS PUNTA RASA SLU through any of the contact details provided below. Any complaints that a user or consumer wishes to submit will be addressed as promptly as possible through any of the following CS PUNTA RASA SLU contact points:
Postal Address: CS PUNTA RASA CHARM HOMES, Hotel Cala Saona, Cala Saona, 07860 Formentera (ILLES BALEARS)
Phone: 971 322 030
Email: info@puntarasa.com
If any malfunction occurs during the rental period involving facilities or electrical appliances, the USER must notify the PROVIDER immediately to resolve these issues as soon as possible.
In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will substitute the reserved accommodation with another of similar characteristics. If no accommodation is available, the PROVIDER will refund the full amount paid.
Online Dispute Resolution (ODR)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for online dispute resolution between the USER and CS PUNTA RASA CHARM HOMES, avoiding the need for judicial proceedings, with the intervention of a third-party dispute resolution body that acts as an intermediary. This body is neutral and will mediate between both parties to reach an agreement, ultimately suggesting and/or imposing a solution.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
Neither party shall be liable for any failure due to causes beyond their control. Compliance with the obligation will be postponed until the case of force majeure ceases.
COVID-19: If, due to travel restrictions or other COVID-19-related regulations, the USER cannot travel to the reserved accommodation, they may use their reservation until [DATE] or another date proposed by the PROVIDER.
6. JURISDICTION
The USER may not assign, transfer, or convey the contracted rights, responsibilities, and obligations.
If any provision of these terms is considered null or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or altered in any way.
The USER declares having read, understood, and accepted these General Terms and Conditions in their entirety.
7. GENERAL TERMS OF THE OFFER
The specifics of each booking, including accommodations and meal plans, are detailed to the USER in their respective descriptions on the website.
All sales and deliveries made by CS PUNTA RASA CHARM HOMES will be understood to be subject to these General Terms and Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of CS PUNTA RASA CHARM HOMES or stipulated here will have effect unless explicitly agreed in writing and signed by CS PUNTA RASA CHARM HOMES. In such cases, these specific agreements will prevail.
Given ongoing technical advancements and product improvements, CS PUNTA RASA CHARM HOMES reserves the right to modify its specifications in relation to the information provided in its advertisements, provided this does not affect the value of the services offered. These modifications will also apply if, for any reason, the supply of the services offered is affected.
Check-In and Check-Out
Check-ins and check-outs are conducted on Saturdays.
Check-in: Key collection is available from 17:00 to 20:00 at our offices at Hotel Cala Saona, Cala Saona, 07860 Formentera (ILLES BALEARS).
Upon arrival at the agency and in accordance with current legislation, the USER must present the booking form, and all accommodation occupants will be identified.
The USER will then sign a rental contract and pay the remaining 60% of the rental fee plus a €20 administration fee and a Tourist Tax of €0.50 per day per person over 16, with a maximum of 7 days (Law 5/2012 of 20/3/12. D.O.G.C. no. 6094 of 23/03/12) as well as the security deposit. Payment can be made by credit card or cash, but the deposit must always be paid in cash.
The accommodation is delivered clean and with all necessary kitchen utensils. Bath towels and bed linens per person are included in the rental price.
Check-out: Departure from accommodations is from 8:00 to 10:00. A representative from the agency will meet at the accommodation at the scheduled time to inspect the property, collect keys, and return the deposit.
At the agreed departure time, tenants must be packed and the apartment cleaned and organized.
Additional Services
If the USER is interested in contracting an additional service, it must be requested when making the reservation:
Cleaning Services
Baby Cot
Baby Chair
Extra Bed
Some accommodations allow pets. Authorization for pets must be requested at the time of booking with CS PUNTA RASA CHARM HOMES.
Client Responsibilities
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each booking include Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services related to the purchased service.
The applicable prices for each property are those published on the website and are in EURO. The USER acknowledges that the price of certain services may vary in real time. Prices may change daily until the booking is made.
Any payment made to CS PUNTA RASA CHARM HOMES includes the issuance of an invoice with consent (art. 63.3 RD 1/2007) in the name of the registered USER or the business name provided at the time of booking. This invoice will be delivered to the USER upon the completion of the rental and payment for the contracted services. The invoice can be downloaded in PDF format by accessing the user account management panel on the website. If the USER wishes to receive it by email, they must request it through any of the means provided by the PROVIDER and may revoke this decision at any time.
For any information about the booking, the USER may contact CS PUNTA RASA CHARM HOMES’ customer service line at ......................... or via email at info@puntarasa.com.
9. TRANSPORTATION COSTS
There are no transportation costs.
10. PAYMENT METHODS, FEES, AND DISCOUNTS
The PROVIDER is responsible for processing transactions and offers the following payment methods:
Security Measures
The website uses industry-standard information security techniques, such as SSL, secure data entry, firewalls, access control procedures, and cryptographic mechanisms, to prevent unauthorized access to data. For these purposes, the USER agrees that the PROVIDER may collect data for the purpose of verifying access controls.
The PROVIDER commits to preventing any transaction deemed illegal by credit card brands or the acquiring bank, or that could harm their goodwill or influence them negatively.
The following activities are prohibited under credit card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder.
11. PURCHASE PROCESS
The website provides a search system with different filters to help the USER choose accommodations. Types of bookings available:
The USER selects check-in and check-out dates, the number of occupants (adults and children), and any additional services, then adds them to the cart. The cart will only display the selected services, quantities, prices, and total amount. Once the cart is saved, taxes, fees, and discounts will be calculated based on the entered information.
Carts have no administrative binding, serving only as a tool for simulating a quote without obligations on either side.
From the cart, the USER can place an order by following these steps for proper completion:
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and to the USER’s email, confirming the order.
Within a maximum of 24 business hours, the USER will receive an email confirming the booking status and all relevant information.
Through the Online Booking section, the USER can view a description of the accommodation, included services, optional services (extras), and specific conditions for each property.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are found to be illegal, void, or unenforceable, the condition in question will be considered separable and will not affect the validity or enforceability of the remaining conditions.
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, but not limited to, failure by the USER to comply with any obligations set forth 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 action will not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.
13. WARRANTIES AND RETURNS
The warranty for the services offered complies with the Real Decreto Legislativo 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
Service Compliance with the Contract
Responsibility of CS PUNTA RASA CHARM HOMES
The PROVIDER is responsible for any non-compliance present at the time of accommodation delivery. The USER has the right to request repair, replacement, price reduction, or contract termination.
Repair and Replacement of Accommodation Services
Rules for Repair and Replacement
Price Reduction and Contract Termination
The USER may opt for a price reduction or contract termination if repair or replacement is unavailable or if these are not completed within a reasonable period or without inconvenience. Termination will not be applicable for minor non-compliance.
Criteria for Price Reduction
The reduction will be proportional to the difference between the value of the compliant service and the value of the delivered service at the time of delivery.
Deadlines
Unless proven otherwise, delivery is understood to occur on the booking date. The USER should notify CS PUNTA RASA CHARM HOMES of non-compliance as soon as it is recognized or, at the latest, by the end of the stay.
14. APPLICABLE LAW AND JURISDICTION
These conditions are governed by Spanish law unless otherwise specified. CS PUNTA RASA CHARM HOMES and the USER agree to submit any disputes to the USER's local courts and tribunals.
If the USER resides outside of Spain, both parties expressly waive any other forum and will submit to an online dispute resolution body acting as an intermediary, as per Art. 14.1 of Regulation (EU) 524/2013, without the need for court intervention. For more information, refer to the "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" clause of these Conditions.
