TERMS AND CONDITIONS OF SERVICE
IDENTIFIER OF THE PROVIDER
– Company name: MADRID TOURISTIC CAPITAL, S.L.
-TAX ID: B87435673
-Address: Calle Génova 20, 3ª planta, 28004 Madrid
-Registered in the Mercantile Register of MADRID in Volume 34153 , folio 31 , section 8, sheet number M-6143330, entry 1/A1 03/12/2015
-Web: www.tilda.es
-Telephone: 919 993 809
-Mail: legal@smartrental.com
OBJECT
By means of the present text we make available to all users and clients the conditions of use and registration that are applicable to www.tilda.es, reflecting all the rights and obligations of the parties.
All users who visit or access our platform and/or use any of the services that we make available, accept the conditions of use and the privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.
Together with the present conditions, each of the services provided may be regulated by specific conditions of use and registration, and in any case it is obligatory that the user expressly accepts them before using and/or contracting them.
ELECTRONIC CONTRACTING OF SERVICES
In accordance with the provisions of article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be accredited.
For these purposes, it shall be understood that the completion of all the phases of the booking process and, where applicable, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for the contracting of the service.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all the information relating to the contracting procedure is made available to users prior to the start of the contracting procedure.
The contracting conditions indicated below are directly applicable to bookings and stays made available through the web portal www.tilda.es, unless expressly stated otherwise.
BOOKING AND CONTRACTING PROCEDURE
The booking procedure is carried out completely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.
Any person with Internet access can carry out the contracting process as long as they are over 18 years of age.
The phases of the contracting procedure are visible to users throughout the entire contracting procedure. Three phases can be distinguished:
– Identification of the user.
– Selection of the booking and payment method.
– Confirmation of the booking.
The user only has to select the accommodation and the dates for which he/she wishes to book and click on the booking confirmation button provided for this purpose. This will start the contracting procedure, which will always follow the steps indicated above for all available services.
Once the establishment, number of nights, applicable taxes, total price and means of payment have been selected, the platform will show the user a summary of the booking made, together with the applicable contracting conditions, which in any case must be expressly accepted by the user in order to continue the contracting process.
Once the acceptance box of the contracting conditions has been checked, in case of having selected as payment method any of the electronic means, the user will be directly redirected to the corresponding external payment platform to make the payment, without www.tilda.es having the possibility to access at any time to the user’s credit card data and / or payment systems.
The security of the payment procedure is guaranteed by the financial institution.
Once the contracting of the service has been completed, a summary screen of the contracting process will be displayed.
If payment by credit card has been selected, this will be carried out through the bank’s POS, a platform that is completely unrelated and independent of the provider.
Within a maximum period of 24 hours, the service contracting party will receive an e-mail containing all the information relating to the contracted booking. This document is the confirmation that the contract has been successfully completed, being valid as a means of accreditation for any type of claim, as long as the corresponding proof of payment is attached.
In the confirmation email you will find the contact details, and the rest of the instructions for arrival and departure.
The provider informs the user that all bookings made will be recorded in a file for the control and management of reservations and bookings, in which will be reflected along with the information of the contracted reservation, additional information to ensure the security and evidence of the correct completion of the procedure.
www.tilda.es shall not be held responsible in the event of occasional failures in the continuity of the service or, where applicable, in the occasional lack of availability of the same.
In the event that, for reasons beyond our control, the bookings or accommodation are not available after contracting from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and return the economic amounts corresponding to the services not enjoyed, which will be duly refunded through the same means by which the initial payment was made or, where appropriate, by bank transfer.
In the event that any of the contents accessible through the platform are contrary to current regulations, we undertake to immediately remove them as soon as we become aware of and corroborate the facts.
We reserve the right to cancel a reservation in cases of manifest price error.
RESERVATION AND CANCELLATION POLICY
The reservation will not be formalised until you receive an e-mail confirming the validity of the reservation with all the corresponding information.
If you wish to modify your reservation, we invite you to call the restaurant’s telephone number in advance, this procedure is subject to availability.
We inform you that days before the date and time reserved, you will receive an email and/or sms where you must reconfirm or cancel the reservation in the links that are enabled for this purpose, if they exist.
Only once you have reconfirmed your reservation by email or SMS will your reservation be fully confirmed.
If you prefer, you can confirm your reservation by calling the restaurant before the reservation date.
Your table reservation will be held for a period of 15 minutes from the confirmed time. After this time your reservation may be considered cancelled, and the restaurant will have the table available for other diners.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At www.tilda.es we are deeply committed to the protection of intellectual and industrial property rights.
The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider, and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.
Similarly, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform in service mode or the mere access by the user does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favour of the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter hereby grants the user a non-exclusive licence of use, limited in time to each connection period, unlimited in space insofar as it can be accessed from any computer with Internet access, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, with the infringing user assuming all direct or derived responsibilities that may arise.
For any aspect that is not expressly recognised in this contract, all rights shall be understood to be reserved in favour of the provider, with the latter’s written authorisation being necessary in order to carry it out.
- RELATING TO CONTENT AND USER INFORMATION
All content and information published or managed by users on the platform are the exclusive property of the latter, www.tilda.es being a mere provider of information society services responsible for data storage.
The provider does not receive any type of intellectual property right for the fact that the user hosts or manages them on its platform, and therefore under no circumstances may it process them for purposes other than those directly related to the provision of the services effectively contracted.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the provision of the services will be processed in accordance with the provisions of the Privacy Policy, which all users must expressly accept in advance in order to be able to register.
All users who accept these conditions of use, accept our Privacy Policy in an informed, express and unequivocal manner, and in this sense are entitled to the rights of access, rectification, cancellation and opposition with respect to their personal data, and may exercise them as informed in the aforementioned Privacy Policy.
TEMPORARY CONDITIONS
The present conditions will come into force on the date of contracting the service.
ECONOMIC CONDITIONS
The rates applicable to each of the services offered through the platform will be solely and exclusively those that are published on the online platform, these being the only valid ones, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.
The provider reserves the right to cancel the contracts made from the time of their execution in the event that it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any type of modification to the rates of each accommodation, undertaking to publish them on the platform in a visible manner for users. Unless otherwise stipulated, the modification of rates shall not be retroactive.
The economic amounts may only be paid by direct debit or by credit card, the provider not having at any time access to any bank or credit card details.
All fees will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, which will be duly reflected in the summary of each purchase.
CUSTOMER SERVICE
– Opening hours: Monday to Sunday from 07:30 to 00.00 hrs.
– Telephone: 919 993 809
– Email: legal@smartrental.com
TERMINATION OF THE CONTRACT
This contract may be terminated if any of the following circumstances occur:
– Failure to comply with the obligations set out in this contract.
– On expiry of the term of the contract
– In the event that the corresponding financial amounts are not paid in accordance with the terms and form agreed. The reservation will be automatically blocked the day after the non-payment occurs. In order to reactivate it, it will only be necessary to make the payment of the corresponding economic amount.
– Dissolution, liquidation or loss of legal personality.
– Any change or substantial variation of the essential conditions that were indicated in the present contract to carry out the conclusion of the present contract.
EXTRAJUDICIAL RESOLUTION OF CONFLICTS
Likewise, under the terms set out in Article 14 of EU Regulation 524/2013 on the settlement of consumer disputes, a direct link is provided to the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm.
APPLICABLE LAW AND JURISDICTION
For any controversy or dispute that may arise, arising from these terms or conditions, Spanish Law shall apply. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of the domicile of the user or customer.
