- 1.GENERAL INFORMATION AND OWNERSHIP OF THE WEBSITE
- 2. ACCESS AND USE OF THE WEBSITE
- 3. GENERAL TERMS AND CONDITIONS OF USE OF THESE SERVICES
- 4. TERMS AND CONDITIONS OF USE OF THE SERVICE FOR USERS/TENANT CUSTOMERS
- 4.1. Conditions of use of the online booking service through www.resahousing.com by the interested User.
- 4.2. Cancellation policy for the User/Tenant
- 5. TERMS AND CONDITIONS OF USE OF THE SERVICE FOR THE OWNER
- 6. SIGNING OF THE RENTAL CONTRACT
- 7. CONDITIONS PRIOR TO ENTRY INTO THE ACCOMMODATION
- 8. RATES AND INVOICING
- 9. LIMITATION OF LIABILITY
- 9.1. Regarding the owner of the Web
- 9.2. As far as Resa Housing is concerned, responsibilities are limited to
- 10. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
- 11. APPLICABLE LAW AND COMPETENT JURISDICTION
- 12. INFORMATION ON DATA PROTECTION
This document is constituted as a Legal Notice and General Conditions of Use that regulate access, navigation and use of the website owned by the business entity RESIDENCIAS DE ESTUDIANTES, S.L. (hereinafter, RESA) located at the URL www.resahousing.com (hereinafter, the Website). Please read this information carefully.
1.GENERAL INFORMATION AND OWNERSHIP OF THE WEBSITE
The owner of the domain name www.resahousing.com is:
RESIDENCIAS DE ESTUDIANTES, S.L. (RESA)
Business address: Paseo de la Castellana 163 3º izq., 28046 Madrid
Address for communications purposes: Vía Augusta nº 21-23 2º, 08006 Barcelona C.I.F.: B-60.109.188
Registration details: Registered in the Madrid Mercantile Register, Volume 37046, Sheet 153, Page no. M-661,710.
Resa Housing forms part of the RESA company which, in addition to managing the university accommodation booking service of the BCU (Barcelona Centre Universitari), also manages more than 33 Residence Halls/Senior Residences throughout Spain. The Resa Housing office is located at 219 Torrent de l'Olla Street in Barcelona (08012).
Through this website, Resa Housing offers a wide range of university accommodation for foreign or Spanish students, researchers and university teachers who wish to stay in flats, rooms in shared flats and rooms with families in the city of Barcelona, in a town in Barcelona or in the city of Girona and its surroundings (hereinafter, the accommodation). In turn, this web page provides the opportunity for any owner to advertise and offer their accommodation in the Resa Housing flat exchange and to manage the information at their own expense or through Resa Housing (hereinafter, the Services). Nevertheless, Resa Housing reserves the right to validate and supervise any information or change before the information is announced on the web.
The following text regulates the use of this web page (from now on, the Website) owned by RESA, on the part of Internet users. This Website has been created and managed by this company through Resa Housing.
RESA -as the owner of this Website- reserves the right to unilaterally modify any of the points included in the present General Conditions without prior notice. Any change implemented in these Terms and Conditions that may affect the rights of the User will be communicated in this Website. If one of the stipulations of these General Conditions is declared null and void or inoperative, the rest of the General Conditions shall remain in the agreed terms.
2. ACCESS AND USE OF THE WEBSITE
The User who accesses this service must be of legal age, in accordance with Spanish legislation, and have sufficient legal capacity to contract the services offered on this Website by himself/herself. In the case of being a minor, the intervention of parents or legal guardians will be required in order to use the services and/or to contract.
Access to this website is free of charge. The use of this service is intended for students, researchers and university professors who, for study, work experience or research reasons, wish to stay temporarily in Barcelona and/or its surroundings. It is understood that by accessing and/or using this website, the Customer will acquire the status of User, which implies adherence to the general terms and conditions applicable to him/her.
The functions of this website are as follows:
- - To offer an online platform to put in contact the Owners of the accommodations (from now on, the "Owner") with the Users/Customers interested in booking an accommodation for periods longer than one month.
- - To be able to provide the User/Customer with information about the temporary rental of flats, rooms in shared flats and/or homestays, and to book accommodation online. The advantage of using the online booking service is the speed, since the accommodation is blocked and is not offered to any other User. In order to access the service, the Owner must first fill in the registration form (hereinafter the form). The Owner may personally upload the information and photographs of his or her accommodation to the platform or, if the Owner so wishes, Resa Housing will take care of uploading the information on the flat/room provided by the Owner, as well as managing and administering his or her accommodation(s), etc.
3. GENERAL TERMS AND CONDITIONS OF USE OF THESE SERVICES
The function of the present Website is to provide users who access it with the different services offered and provided by RESA through Resa Housing. The purpose of the present conditions is to regulate the general conditions of the services offered for flats and/or rooms, as well as for their booking through this page managed by Resa Housing. These conditions of use integrate and complete the Legal Warning.
The use of this service will mean the full and unreserved acceptance of each and every one of the General Conditions of use included in this last updated version.
Resa housing is not the owner or the real estate agent or the manager of the properties, in short, it does not own, sell or sublet or control in any way, the properties published on this Web site. Resa Housing provides the Platform and the services detailed below to Owners and Tenants.
This platform may be used by the Owner to advertise their accommodation and manage certain services. They may also arrange visits with the interested client himself and directly formalise the reservation of accommodation (without a prior visit), as well as the hiring thereof. In relation to the User interested in looking for accommodation to rent, the scope of the functions of this page, are to offer the interested client the option to formalize online the reservation of the accommodation and even arrange and close the hiring of the same.
In order to access the website and make reservations or hire accommodation by any User, all that is required is an e-mail address and a personal, non-transferable password.
4. TERMS AND CONDITIONS OF USE OF THE SERVICE FOR USERS/TENANT CUSTOMERS
In order to use this service, the user/client must fill in the registration form with his/her personal data and other additional data of interest (e.g. length of stay, university, course...). At the end of the form, the "Legal Notice and General Conditions" for the use of the Service will appear, together with a checkbox for these Conditions, so that they can be read by the user/client, and if he/she agrees with them, he/she will accept them expressly. Acceptance of the "Legal Notice and General Conditions" is essential to be able to register definitively and make use of the services offered here.
Once the user/client has taken this step, he/she will receive an e-mail confirming his/her registration and informing him/her that he/she can now access his/her User Zone via e-mail. As this is the system for personal access to the User Zone by the user/client, this guarantees maximum confidentiality and security in all the operations that the user wishes to carry out through the Resa Housing website.
4.1. Conditions of use of the online booking service through www.resahousing.com by the interested User.
This system allows the interested User to make an online request for the reservation of an accommodation (either a flat or a room), indicating the dates of entry and exit in the same. Before formalising the reservation request, the User may consult the rates for the accommodation, as well as the rates for the services for managing the reservation (hereinafter referred to as the "Reservation Rate"). We recommend reading section 8. "Rates and invoicing" of this Website.
All Users interested in reserving accommodation through the Resa Housing website must fill in the data registration form (Registration Form) with their personal details, indicating the type of accommodation of interest, the duration of the stay, or other details required to reserve the accommodation, etc.
At the end of the form, the "Legal Notice and General Conditions" for the use of the Service will appear for the interested User, together with a checkbox for these Conditions, so that they can be read and accepted by the User/client, if he/she agrees to them. If the customer agrees, he or she must accept the checkbox of these conditions.
On the registration form, the user will enter a personal password which, together with their e-mail address, will form the access codes to their private User Zone.
Acceptance of the conditions is essential to be able to register and use the services offered here.
With this online booking service, when selecting the accommodation, you wish to book, the User must complete all the information requested through the Platform.
Once the registration has been made, the interested User will be able to request the reservation of an accommodation.
When the interested User makes the reservation request through this Website, certain information of the User (future tenant) is shared with the Owner: age, nationality, studies, university and other information specifically required by the Owner. In other words, this information provided by the Tenant and authorised by him/her in order to make a reservation, must be shared with the Owner for the correct management of the reservation. Both the Owner and the Tenant understand and accept that they are solely responsible for the information they may provide to the other party, as well as their actions and omissions in this regard.
This reservation request is sent to the Owner, and the Owner will have 24 hours to answer whether or not he accepts the reservation; if he accepts it, the interested User will be informed by e-mail.
Once the notification of acceptance of the reservation has been sent to the interested User, the latter will have 24 hours to pay, via the virtual POS, the reservation management service fee plus the corresponding legal VAT and, furthermore, to pay a monthly fee to the Owner by means of a bank transfer to the account number expressly provided by the Owner to Resa Housing (hereinafter "Initial Payment") and to send/upload the documentation requested in the "Documents" section of the User Zone. If the User does not do so within the established period of time, the reservation will be invalidated because the reservation process will not be understood to have been completed and the accommodation will once again be available on the Website. The part of the initial payment corresponding to a monthly rent will become part of the deposit.
The rest of the deposit must be paid by the Tenant directly to the Owner (without any intervention by Resa Housing) within the period agreed by the Parties between the signing of the contract and the check in at the accommodation. Once these payments have been formalised and in the event that the User finally cancels the reserved accommodation, these amounts will not be reimbursed in accordance with the cancellation policy indicated in the following point.
4.2. Cancellation policy for the User/Tenant
Note on the Cancellation Policy: In accordance with the provisions of art. 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 regulates the Exceptions to the Right of Withdrawal "The Member States of the European Union shall not include the right of withdrawal referred to in Articles 9 to 15 in respect of distance and off-premises contracts concerning (a) Service contracts once the service has been fully performed when performance has begun, with the consumer's prior express consent and with his acknowledgement that, once the contract has been fully performed by the trader, he will have lost his right of withdrawal".
On the part of Resa Housing, the contractual agreement is deemed to have been executed when the tenant makes the reservation request and once the reservation has been confirmed by the owner; therefore, the right of withdrawal cannot be exercised from that moment on.
Standard cancellation policy: we would be facing the following cases:
- With 30 days or less remaining until the Check-in Date, no amount of the initial payment will be refunded to the Tenant.
- Between 31 and 60 days before the Check-in Date, Resa Housing will refund the Tenant 50% of the reservation management fee plus the corresponding legal VAT and the Owner will refund 50% of the first monthly payment.
- 61 days or more before the Check-in Date, Resa Housing will refund the Tenant 100% of the reservation fee and the Owner will refund 100% of the first monthly payment.
- In the event of cancellation of the accommodation contract by the User/Tenant, Resa Housing will not refund any amount relating to the Reservation Management Service Fee.
The bank charges derived from the cancellation of the reservation by the User/Tenant will be charged to the User/Tenant, exempting Resa Housing from any responsibility and expense.
The cancellation of the reservation by the User/Tenant must be made through the Resa Housing web page in the User Zone.
Resa Housing does not assume any responsibility for the non-compliance of the cancellation policies applied to the Owner and the Tenant.
In the event that, once the reservation has been charged to the Tenant by Resa Housing, for whatever reason, it is not possible to receive or collect the full amount to cover the reservation of the accommodation, for reasons not attributable to Resa Housing, a payment request will be sent to the Tenant so that he or she can pay the remaining or pending amount within the following 24 hours. If the Tenant does not complete the payment in full, Resa Housing will charge the amount equivalent to the reservation fee and its corresponding Value Added Tax (VAT) and will proceed to cancel the accommodation reservation, this amount not being in any case refundable to the Tenant, nor will any amount be transferred to the Owner.
5. TERMS AND CONDITIONS OF USE OF THE SERVICE FOR THE OWNER
5.1. Conditions of the Services for the Owner
In order to be able to offer accommodation as well as enjoy the services offered by Resa Housing, the Owner must register by completing a data registration form (registration form) as Owner where, at the end of the form, the "Legal Notice and General Conditions" for the use of the Service will appear, together with a check box/acceptance of the same so that they can be read and accepted by the Owner, if he agrees with the content of the same. Once the Owner has registered and registered the accommodation on the Website, the Owner will receive an automatic e-mail confirming the registration and providing him with a personal and non-transferable password for access to the User Zone, through which he can access his personal data, as well as access to the accommodation offered, reservations, visits, contracts, invoices, income, etc.
Resa Housing can take care, on behalf of the Owner, of registering the accommodation on the platform, by uploading the corresponding information (characteristics, conditions, duration of the rental, bank details, direct debit order - SEPA, etc.) as well as photographs and other additional documents related to the said accommodation, such as the certificate of occupancy, energy efficiency certificate, and property deed/simple registration note of the ownership of the accommodation. Resa Housing is also responsible for contacting the owner to visit the flat offered by him/her, taking photographs of the accommodation together and confirming the information provided by the owner. To this end, the Owner will authorise Resa Housing staff to enter the accommodation to take photographs and verify the basic characteristics of the accommodation. Resa Housing reserves the right to validate and supervise any information or changes before the information is announced on the website.
The Owner, by providing Resa Housing with the bank details, authorises and consents to this company providing these details by e-mail to the tenant whose reservation has been accepted, so that the latter can formalise the corresponding payments.
From the moment that the Owner has registered and registered his accommodation, he understands and accepts that he is responsible for the information that he may provide to the future tenant, as well as for his actions and omissions regarding the data he provides.
To this end, the Owner, on providing the bank details to Resa Housing, authorises and consents to this company providing these details by e-mail to the tenant whose reservation has been accepted, so that the latter can formalise the payments due to him.
Likewise, the Owner undertakes to provide all the necessary information requested by Resa Housing, including but not limited to: location, size, capacity, characteristics, availability of the accommodation, price and payment conditions, certificate of occupancy, energy efficiency certificate, etc.
Resa Housing guarantees the characteristics and information of the accommodation on the date it is verified. However, the Owner must maintain the accommodation in similar conditions to those shown in the advertisement. If the conditions of the Accommodation differ significantly from those of the advertisement, Resa Housing reserves the right to withdraw the advertisement for that accommodation from the platform or the application.
Resa Housing does not assume any responsibility for the Owner's failure to comply with the applicable laws, rules and regulations. Resa Housing reserves the right to, without prior notice and at any time, withdraw the publication or the advertisement and/or disable access to any advertisement for any logical and justified reason including those advertisements that Resa Housing at its free discretion, considers objectionable for any reason.
The Owner, by accepting a reservation, confirms that it does not infringe any agreement reached with third parties and that it complies with all applicable laws, tax requirements and any other rules or regulations applicable to any accommodation included in the advertisement, without incurring any conflict with the rights of third parties.
The minimum period for accommodation bookings will be one month plus one day, and the Owner may establish a minimum period of stay longer than this.
Once the reservation of said accommodation has been requested by a User, the website will automatically send the Owner an e-mail with the reservation request formalised by the user and the latter will have a maximum of 24 hours to accept or refuse the reservation of his accommodation. If the Owner accepts the reservation, this acceptance of the reservation will be communicated directly by email to the Tenant, who must formalise the initial payment of the reservation corresponding to a monthly fee to the Owner by means of a bank transfer to the bank account expressly provided by the Owner together with the payment of the reservation management service fee plus the corresponding legal VAT by means of a credit/debit card (VISA or Mastercard) through the virtual POS terminal enabled on our website.
The Owner will provide Resa Housing with his or her bank details and by providing them, he or she expressly consents to Resa Housing providing them to the tenant, whose reservation has been accepted by the Owner, so that the tenant can make the corresponding payments to the Owner.
Resa Housing will charge the Owner a commission for the management of brokerage fees once the reservation has been accepted and the contract has been signed by direct debit. Before accepting the reservation, the Owner may consult the "Prices and invoicing" section, which details the commission for the management of intermediary fees.
5.2. Cancellation policy for the Owner
Note on the Cancellation Policy: By virtue of the provisions of art. 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, the Exceptions to the Right of Withdrawal are regulated "The Member States of the European Union shall not include the right of withdrawal referred to in Articles 9 to 15 in distance and off-premises contracts concerning (a) Service contracts once the service has been fully performed when performance has begun, with the consumer's prior express consent and with his acknowledgement that he is aware that, once the contract has been fully performed by the trader, his right of withdrawal will be lost".
On the part of Resa Housing, in relation to the landlord, contracts are deemed to have been executed once the tenant's reservation has been confirmed.
In the case that the reservation has been expressly accepted by the Owner, and provided that the Owner and the Tenant have already signed the rental contract, the cancellation or contract termination policies will be those included in the aforementioned contract.
If the Owner cancels the reservation before the Check-In Date or before the Owner and the Tenant sign a Rental Contract, the Reservation Management Service Fee with its corresponding Value Added Tax (VAT) and the Initial Payment equivalent to one month's rent will be refunded to the Tenant.
In relation to the Owner:
- If the Owner cancels the reservation 61 or more days in advance of the Check-in Date, Resa Housing will not pay any penalty to the Owner.
- If the Owner cancels the reservation between 60 days and 31 days prior to the Check-in Date, Resa Housing will penalize the amount equivalent to 25% of a monthly payment.
- If the Owner cancels the reservation less than 30 days before the check-in date, Resa Housing will penalise the amount equivalent to 50% of one monthly payment.
The bank charges derived from the cancellation of the reservation by the owner will be charged to the owner, exempting Resa Housing from any responsibility and expense.
Resa Housing does not assume any responsibility for the failure to comply with the cancellation policies applied to the Owner and the Tenant.
Furthermore, Resa Housing reserves the right to claim any of the above-mentioned amounts, in the event that it is necessary to apply any of the above-mentioned penalties, and to this end, the Owner accepts that Resa Housing will send him a payment request and will be obliged to pay these amounts to Resa Housing in accordance with the provisions of this section 5.2.
6. SIGNING OF THE RENTAL CONTRACT
Resa Housing states that in no case is it an intervening party in the rental contract. This contract will only be signed by the Tenant and the Owner; therefore, Resa Housing has no legal responsibility whatsoever or of any kind in the event of any conflict, disagreement or claim arising between Tenant and Owner. Resa Housing will be responsible for preparing the standard rental contract and for arranging the day and time with the Owner and the Tenant for their signature.
Notwithstanding the above, any circumstance derived from the rental contract must be settled and negotiated between the Tenant and the Owner. Resa Housing will not be party to any negotiation regarding any deposit or guarantee required by the Owner from the Tenant and reflected in the rental contract or in any type of agreement, nor will it mediate in any way in any dispute that may arise as a result of the drafting of the contract.
In this sense, Resa Housing advises both the Tenant and the Owner to read carefully the model rental contract or any other contractual agreement reached between the parties, as this will be the document that governs the relationship between the two.
7. CONDITIONS PRIOR TO ENTRY INTO THE ACCOMMODATION
7.1. Conditions applicable to the Tenant regarding entry
The Tenant, within 24 hours following the date of entry into the accommodation, may inform the Owner by e-mail, with a copy to Resa Housing (email@example.com), of any deficiency considered "serious" or "important" in the accommodation, as well as warning of any inaccuracy in the accommodation in relation to the characteristics/conditions indicated in the notice published on the website, and adding any document or photograph that evidences such deficiencies.
"Serious" or "important" deficiencies are understood to be those that imply a breach of the conditions of habitability, a health or hygiene risk, or those substantial modifications that differ from the description published in the advertisement.
If the Owner does not begin to solve the deficiencies within a maximum period of 48 hours from the communication of the same, the Owner will be failing to comply with the conditions established on the Web, which will give the Tenant the right to cancel their reservation, for which reason the cancellation policies for owners will be applied to the Owner (see point 5.2 above) and Resa Housing will propose to the Tenant some facility to solve the problem such as looking for a new accommodation with similar conditions/characteristics to the previous one, the Tenant being able to accept or reject it. This possibility will be conditioned by the fact that Resa Housing has other free accommodation with similar characteristics.
In the event that the staff of Resa Housing, according to their assessment and verification of the circumstances, consider that a "serious" deficiency does exist, the owner will be given a period of 24 hours to begin to resolve such deficiencies, which must be definitively resolved within a reasonable time. If the Owner does not try to solve the problem within this period and the Tenant cannot be offered similar accommodation, Resa Housing will refund the Tenant the Reservation Fee plus the legal VAT and the Owner will refund the first monthly payment.
In the event that Resa Housing considers that there is no "serious" deficiency and the Tenant decides to cancel the reservation of the accommodation and terminate the contract for unfounded reasons, the Tenant will lose the Reservation Management Service Fee together with the corresponding legal VAT and the Initial Payment transferred to the Owner.
8. RATES AND INVOICING
When a Tenant makes a reservation and this has been confirmed by the Owner, the Tenant must pay Resa Housing the Service fee for managing the reservation plus the corresponding legal VAT, through the POS available on the Website and, on the other hand, must make a transfer to the Owner of the initial payment equivalent to a monthly fee, to the bank account provided by the Owner expressly.
Once the contract has been signed between the parties, the Owner must pay Resa Housing the commission for the management of the intermediation fee: 5% of the total stay (minimum 90 €) for the intermediation of Resa Housing for the virtual POS.
Any document issued before payment for the specific service is made and the corresponding invoice is issued will not involve any commitment on the part of Resa Housing.
8.1 Definitions and conditions of the rates or prices
- The Rental Price: is the amount to be paid for the rental/rental of the accommodation plus any applicable taxes in accordance with current regulations and will be determined by the Owner according to his exclusive assessment. Once the rental contract has been signed between the Tenant and the Owner, it will be the sole responsibility of the Owner to collect the rent from the Tenant throughout the duration of the contract. Resa Housing will not be responsible in any way for the collection of any of the rents or any default that may occur.
- The initial payment: this is the amount corresponding to the price of a monthly rent (which will become part of the amount of the deposit), plus the Reservation Management Service Fee plus any applicable taxes in accordance with current regulations.
- The total price of the contract: this is the total amount of the rent reserved according to the total duration of the contract and the price assigned to each of the days of the duration of the contract, plus any applicable taxes.
- The Reservation Management Service Fee: is the amount, together with the corresponding legal VAT, charged to the Tenant and is eight (8) percent of the total price of the rental contract that Resa Housing will charge the Tenant for the services provided for the management of the reservation with a minimum of 200 € and a maximum of 599 € depending on the duration of the contract.
- The Service Fee for the management of the extension of the contract: it is the amount together with the corresponding legal VAT that is charged to the Tenant and it is a six (6) percent of the total price of the rental contract that Resa Housing will charge to the Tenant for the services provided for the management of the extension with a minimum of 100€ and a maximum of 399€ depending on the duration of the extension.
- Intermediation Fee Management Commission: this is five (5) percent of the total price of the contract that Resa Housing will charge the Owner for the services provided with a minimum of 90 €. The Intermediation Fee with its corresponding VAT will be charged when the contract is signed.
- Discount codes: Discount or promotional codes will only take effect if they are used at the time of the reservation request or before the reservation is confirmed by the Owner. Under no circumstances will the discount be available at a later date.
When the reservation is completed, the corresponding simplified invoice will be sent to the Tenant and the Owner for the services of Resa Housing.
9. LIMITATION OF LIABILITY
9.1. Regarding the owner of the Web
This Website has been elaborated in good faith by RESA with information coming from external and internal sources. Nevertheless, RESA, and consequently Resa Housing, does not guarantee the exhaustiveness and truthfulness of all the information contained in the page, nor, in particular, the continuous access, availability and continuity of the functioning of this Website. Neither will it be liable for nor guarantee agile access to and correct use of the Website if the user/tenant/owner does not observe the recommendations given for each particular case in order to carry out any action or provide any specific service. The company that owns the Website does not guarantee the inexistence of interruptions or errors in the access to the page or its content, nor that it is updated or free of viruses or any other element that could produce alterations in its computer system.
RESA does not accept any contractual or extra-contractual responsibility with the person or company making use of the Website that may have caused damage and/or harm of any kind caused by any computer virus or by computer elements of any kind coming from the Website or from the server supplying it. The owner of this Website shall not be liable for any consequence or damage that may arise from the non-consensual use of the information contained in it or from the services and opinions provided by third parties. RESA will not be liable for any damage and/or harm caused in the event of interruptions to the service, delays, errors, malfunctioning of the Website and, in general, other inconveniences originating in causes beyond the control of RESA and/or due to a fraudulent or culpable action on the part of the User and/or arising from force majeure, without prejudice to that established in art. 1. 105 of the Civil Code, the concept of force majeure will be understood to include the failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, due to failures in the electricity supply, ...etc. and the attack by hackers or third parties specialised in the security or integrity of the computer system.
Due to technical, security or control reasons, or to failures in the electricity supply or for any other reason, RESA will be entitled, without prior warning, to temporarily suspend the present Website in order to carry out maintenance, improvement or repair operations, always acting in the interests of the User, as well as to make changes in the information, services, products and other elements of this Website. All this, without the User being able to demand any responsibility from RESA.
Should the User become aware of the existence of any illicit, illegal or contrary content to the laws or which may imply an infringement of intellectual and/or industrial property rights, he or she must immediately notify RESA so that the latter may proceed to adopt the appropriate measures. In the same way, and with the purpose of improving the service and establishing an optimum level of quality, the User/Customer may suggest those modifications, suggestions and/or make observations that he or she may deem useful, by contacting RESA (owner of the page) or Resa Housing at the following e-mail address: firstname.lastname@example.org.
9.2. As far as Resa Housing is concerned, responsibilities are limited to
i) To offer and facilitate the platform for the publication of advertisements and offers of accommodation by the Owner, as well as to be able to request visits and reservations of accommodation from any interested user.
ii) Resa housing, will not receive additional payments by the Owner once the contract has been signed, and from that moment on, only the Owner is responsible for collecting the rent unless otherwise agreed between the Owner and Resa Housing.
iii) Once 24 hours have elapsed since the date of entry of the Tenant into the accommodation, all legal relations and relations of any kind between Resa housing and the Tenant and also between Resa housing and the Owner will come to an end. Resa Housing shall not be held responsible for any incident or dispute that may arise subsequently and as a consequence of the relationship between the Owner and the Tenant.
Resa Housing reserves the right to restrict access to the web site, to deactivate it or to cancel an advertisement without the obligation to justify such action (for example in the event that the information provided by the Owner does not conform to reality, etc); and all this without incurring any responsibility and without any obligation to give prior notice.
The Owner may at any time withdraw the advertisement for his accommodation through his user area, as long as it is not reserved and/or blocked.
10. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
All the contents of this Website, understood as being the texts, logotypes, distinctive signs, photographs, images and other contents such as the graphic design, and in general its Contents, are the intellectual property of RESA or, if applicable, of third parties, if any, and are governed by Spanish laws and by national and international legislation on intellectual and industrial property. Likewise, the brands or distinctive signs published in this Website are the exclusive property of RESA, in which case they will be specifically expressed. The User must at all times respect the intellectual and industrial property rights of this Website, which is the property of RESA, and this entails the prohibition of its use without the express consent of RESA.
It is strictly forbidden to reproduce, copy, publicly communicate, distribute, transform or modify the elements of the Website for commercial or professional purposes, or to infringe upon any other right susceptible to protection by the Law on Intellectual or Industrial Property, unless the authorization of the owner of the corresponding rights has been obtained or unless this is legally permitted.
RESA authorises the Users to view, use, print and download the contents inserted in the Website that they may consider necessary, exclusively for their personal, private and non-profit use, as long as they are not used for the purpose of carrying out activities of a commercial or professional nature, or for purposes of communication, distribution, modification, alteration or de-compilation or that may distort the result desired by the owner of this page.
The infringement of any of the industrial and intellectual property rights may constitute a violation of these provisions, as well as an offence punishable in accordance with Articles 270 and following of the Criminal Code or any other general provision that may be dictated to this effect in relation to this matter.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
The relations established between Resa Housing or RESA and the customer (whether considered as a mere User or as a Tenant or Owner) will be governed by the provisions of the Spanish regulations in force.
For any litigious question that may arise from the access to the Website owned by RESA and from the relations with customers that may be derived from the rendering of the services contained in the present Website, the Spanish legislation and jurisdiction will be applicable, and the Courts and Tribunals of the city of Barcelona (Spain) will be competent for the resolution of all conflicts derived from or related to the use of the present Website, renouncing any other general or special jurisdiction that may correspond to them.
12. INFORMATION ON DATA PROTECTION
In accordance with the General Data Protection Regulation EU 2016/679 (from now on, 'RGPD') as well as with the Organic Law 3/2018 , of December 5, regarding Personal Data Protection and guarantee of digital rights (from now on, LOPDGDD) we inform you that the data provided will be incorporated into the database of the commercial company Residencias de Estudiantes S.L. ("RESA") , with a postal address at Paseo de la Castellana nº163, 3º izq. and an e-mail address: email@example.com, being, from then on, responsible for the processing of these data.
12.1. Purposes of the collection of the user's personal data (of the Owner and Tenant)
RESA, and for this purpose Resa Housing, will use the personal data provided in this page for the following main purposes:
- - To manage the information/documentation provided by the Owner.
- - To manage visits to reserved accommodation.
- - To manage the blocking of the accommodation and the visits of the Tenants.
- - Managing the reservation requests of the tenant's accommodation and/or processing the final reservations as well as the execution of the rental contract if applicable.
- - If the Owner gives us consent, we can provide the tenant's bank details for the payments to be made on their behalf and at their expense or contact details so that contact can be initiated between them.
- - If the Owner and/or the Tenant give us their consent, we will use the data to carry out commercial actions, which includes contacting you to inform you about details of products, services and/or promotions offered by this company that may be of interest to you now or in the future.
The personal data provided will be kept for the time necessary to fulfil the purpose for which it was collected and for as long as the business relationship is maintained, and, once it has ended, it will be kept for as long as it is necessary to respond to possible legal actions. However, if you give us your consent to send you commercial communications, we will keep your data as long as you do not request their deletion.
12.2. Basis/s that legitimise the processing of personal data
We inform you that the legal basis for the processing of the data is to manage the offers of accommodation as well as to formalize the reservations of accommodation. Likewise, we rely on your consent to transfer some of your data (e.g. e-mail) to the tenant user so that he can contact the Owner and exchange documentation. We also use your consent to pass on your details to other companies in the Greystar Group. Your consent is also required for the sending of commercial communications.
12.3. Recipients of your personal data
It is essential that you give us your consent in one of the boxes below so that we can pass on your details to the other party (either the owner or the tenant) so that they can contact you and exchange information about the accommodation and/or the booking. We inform you that this consent is necessary to carry out the accommodation booking process and therefore the refusal to carry out this transfer will make it impossible to continue with the accommodation search and/or booking process. Likewise, and once the reservation has been accepted by both parties, the Owner agrees that his bank details can be provided to the tenant with the aim and purpose of allowing the latter to formalise the payments that he is entitled to make.
Likewise, if it is of interest to you and you tick the corresponding box below, we may give the data to the entities of the Resa-Greystar Group for commercial purposes. This consent is not obligatory, so the refusal to carry out this transfer will not prevent the accommodation management and reservation process from being carried out.
We inform you that some of our data processing systems may be located in countries outside the European Union, and, due to these conditions, you accept the international transfer of personal data, so that we can keep you in our systems. As some of our group companies are located outside the European Union, your personal data may be transferred for administrative purposes to these companies. In any case, these international data transfers will be regulated in accordance with the General Data Protection Regulation (GDPR) after the signature of the corresponding standard contractual clauses approved by the Commission ("SCCs") guaranteeing, thus, the adequate protection of your personal data.
By virtue of the RGPD, we inform you that you have rights in relation to the processing of your data, including the right of portability, access, rectification, deletion or limitation of your data. We also inform you of your right to lodge a complaint with a data protection authority.
You can exercise the above-mentioned rights by contacting us through privacy@greystar.