1. General Information and Website ownership.
2. Terms and conditions of use of the Website.
2.1. Access to the Website.
2.2. Use of the Website.
2.3. Data Collection.
3. General terms and conditions of the online booking and visits arrangement services.
3.1. Conditions of use of the service to arrange visits.
3.2. Conditions of use of the online booking service.
3.3. Cancellation Policy.
4. Security of the information collected.
5. Limitation of liability.
6. Links to other Websites of interest and links in other websites to RESA Website.
7. Industrial and intellectual Property.
8. Domain names.
9. Governing law and competent jurisdiction.
This document serves as the Legal Notice and General Terms and Conditions of Use which govern the access, browsing and use of the Website of the company 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 WEBSITE OWNERSHIP.
Pursuant to Act 34/2002, dated July 11, on Information Society Services and E-Commerce (LSSI), you are informed that the owner of the domain name www.resahousing.com is RESIDENCIAS DE ESTUDIANTES, S.L. (hereinafter, RESA) with address at Paseo de Recoletos número 6 5é 1a 28001 Madrid (Spain), with tax identification number B-60.109.188, registered in the Commercial Registry of Barcelona, Sheet 95, Page no. B-67.261, 1st Entry. Resa Housing belongs to the RESA business, which in addition to manage this university accommodation booking service of the BCU (Barcelona University Centre - Barcelona Centre Universitari), manages more than 30 student residence halls/university residences across Spain. Resa Housing’s offices are located at Torrent de l’Olla no. 119, Barcelona.
Resa Housing offers through this Website a wide accommodation offer for students, researchers and university professors, foreign or Spanish, in rooms in shared apartments, and in rooms with families in the city of Barcelona, in other towns in the Barcelona province and in the city of Girona. Likewise, this Website gives all owners the possibility to offer their accommodations through Resa Housing’s accommodation offer, and also provides assistance to find accommodation for congresses, at the request of a University or Institution.
The following provisions govern the use of this Website (hereinafter, the Website) owned by RESA, by Internet users. This Website has been created and is managed by this company through Resa Housing, and additionally, RESA owns other websites: www.resa.es, resainn.com and resainn.es, which is used to manage the booking of places and the contracting of accommodations at the residence halls managed by this company.
This Legal Notice aims at setting forth the terms and conditions governing the access and use, general and free of charge, of this Website for all users, so the free access, browsing and use thereof necessarily implies the express and unconditioned acceptance of all the terms of the Legal Notice and of these General Terms and Conditions (such as making an online booking or requesting up to 3 apartment visits).
We recommend that you read this Legal Notice carefully every time you visit this Website.
2. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE.
2.1. Access to the Website.
The User accessing this service must be of legal age, pursuant to Spanish laws, and hold the legal capacity necessary to contract on his/her own behalf the services offered on this Website. In the event of minors, the authorization by parents or guardians will be required in order to use the services and/or contract.
Access to this Website is open and free of charge. The use of this service is intended for students, researchers and university professors who wish to temporarily stay in Barcelona, for studying, internship or research purposes. It shall be understood that by accessing and/or using this Website, the Customer becomes a User (hereinafter, the User), which implies adherence to this Legal Notice.
This Website serves the purpose of providing information about the temporary rental of apartments, rooms in shared flats and/or rooms with families, the request of on-site visits of up to 3 apartments and/or the management of the accommodation online booking without a prior visit. The advantage of using the online booking service is the promptness since the accommodation becomes blocked and is not offered to any other User. The accommodation booking can also be made in-person at Resa Housing’s offices.
2.2. Use of the Website.
The User undertakes to use the Website diligently, correctly and for lawful purposes and, in particular, he/she undertakes to: refrain from using Resa Housing’s contents and information obtained through our Website with purposes or effects against the Laws, the morality and good practice generally accepted or against public policy, to refrain from reproducing or copying, distributing or allowing public access through any public communication means, from transforming or modifying the contents of this Website, except with an authorization by the owner of the pertinent rights or where legally permitted.
In particular and, without limitation, the User undertakes not to collect data with advertising purposes, not to send any type of online advertising or chain messages, and not to transmit and disseminate to third parties by means of the Services provided by www.resahousing.com, information, messages, image files, photographs, software and, in general, any type of material, data or contents which: (i) incur in activities which are unlawful, illegal or against public policy, (ii) contravene, denigrate or threaten the fundamental rights and public freedoms recognized constitutionally or by international treaties and other legislation; (iii) induce, encourage or promote criminal, denigrating, libellous or violent actions; (iv) induce, incite or promote discriminatory actions, behaviours and/or ideas with regard to gender, race, religion, beliefs or age; (v) include criminal, violent or degrading messages; (vi) are false, ambiguous, inaccurate, exaggerated or untimely, so that they may give rise to error about their subject matter, or about the intentions or purposes of the speaker; (viii) breach third parties’ professional secrets; (viii) are contrary to the rights to reputation, personal and familiar privacy, or image rights of individuals; (ix) breach regulations on the secrecy of communications.
RESA –as the owner of this Website- reserves itself the right to modify, unilaterally and without prior notice, any of the contents included in these General Terms and Conditions, informing the Users about the modifications carried out through this Website, so that they can be known and accepted again by the Users. Should any of the provisions within these Booking General Terms and Conditions be deemed null or unenforceable, the other General Terms and Conditions shall remain under the agreed terms.
2.3. Data collection.
The users of the website www.resahousing.com, owned by RESA, are informed that this latter obtains the data from its customers and users through the place booking form to be mandatorily filled in to contract the services provided by Resa Housing through this website. Therefore, the data held by Resa Housing are those provided by the Users to carry out the visits or upon conclusion of the booking and, where applicable, the subsequent contracting.
RESA, as owner, hereby informs that in order to access certain contents offered by this Website, such as the conclusion of an accommodation booking, the User will have to provide certain personal data when filling in the registration form, as well as to subsequently contract the service in-person at the Resa Housing’s offices. These data shall be truthful, accurate, authentic and up-to-date. RESA –as holder- will process such data as it corresponds according to their nature and purpose, and under the terms and conditions set forth in this section. And this company may store and keep the data provided in order to maintain the contractual relationship with the customer/User.
The purposes of the personal data collection are the ones specifically indicated on each one of the pages where there is a booking form (for data registration). In connection with the personal data collected from registered users, such data will be used to adapt the goods and services requested by the User to the preferences indicated on the form. On a general basis, the personal data provided will be used to deal with your information request and booking application request, and, subsequently and particularly, for the contracting in-person with the User.
The consent to the communication of personal data by the User is revocable at any time, although it will be devoid of retroactive effects.
3. GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE TO ARRANGE VISITS AND TO CONCLUDE ONLINE BOOKINGS.
The use of this service will entail the full and unconditioned acceptance of all these General Terms and Conditions of use in this latest updated version. Both the online accommodation booking service, as well as the prior visits service offered by Resa Housing through this Website, are governed by these General Terms and Conditions of use which integrate and complete the Legal Notice; therefore, it is understood that by accepting said Conditions, you acknowledge and agree to those formalities for the provision of the services provided hereunder.
Both for arranging visits as well as for direct booking of accommodation (without prior visit), the User will have to fill in a User registration form with his/her personal data and, at the end of it, a check box of the General Terms and Conditions of use of the service will appear, for them to be used and accepted by the User, should he/she agree with the conditions. On the registration form, the User will introduce a personal password, which jointly with his/her e-mail address, will set up the Keys to access the User Area for each customer.
After completion of the form with his/her data and validating them, the User will receive an automatic e-mail including a User personal code which is used to enable Resa Housing to identify him/her as Customer, and ensure him/her confidentiality in the operations he/she wishes to carry out though this Website, or to identify him/her by telephone or in-person.
This Code is personal and non-transferable, and it is designated by RESA in order to ensure the identification of the User and his/her confidentiality. It is essential for the User to be able to request accommodation visits, or to book an apartment or room online. Only one online booking is allowed. For the online booking to be deemed made, the booking General Terms and Conditions shall be previously accepted.
3.1. Conditions of use of the service to arrange visits online (up to 3 visits every time).
The User may request up to 3 visits maximum, and in order to do so, he/she shall always indicate his/her personal code and the codes of the apartments and/or rooms that he/she wishes to visit. The visits service will consist of:
- Open visits: a window is opened where the User may indicate his/her preferences (there is a maximum of 10 places per visit). The system will send the information to Resa Housing.
- If the visit is open, a message with the date, hour and address (without the floor) is shown, and in case the User is interested, he/she can register for the visit (10 places per visit maximum).
- Visits: List of arranged visits and cancellation option; the system will send an e—mail to Resa Housing informing about the cancellation.
- When a visit is complete, the user can place on record his/her interest and receive a notification in case a place in the visit becomes available or an appointment is opened.
If Resa Housing cancels a visit, it will directly send an e-mail to all the users registered for that visit informing them about the cancellation.
The User visiting an apartment has 24 hours to book it from the date and hour of the visit, and he/she will have to do so by e-mail or in-person, not through the online booking system.
Should there be several persons interested in the apartment, the lower personal code will have priority.
3.2. Conditions of use of the online booking service
This system allows the user to make one single booking of the selected accommodation without a prior visit; if this booking service is used, the accommodation becomes blocked and is not offered to any other person. Only the apartments without an open visit are available for online booking. Important: if you make an online booking, you cannot visit the apartment or room.
Upon receipt of the online booking, the apartment is blocked and Resa Housing discusses the request with the accommodation owner to seek his/her approval, and within a maximum term of 72 hours from the moment the booking was made, Resa Housing will send to the User, by e-mail, the pertinent confirmation or rejection of the booking. In that same booking confirmation e-mail, Resa Housing’s bank details will be provided in order to pay, by bank transfer, the amount corresponding to the management and guarantee of the accommodation booking.
Upon confirmation of the booking to the User, within 48 hours from the date of confirmation, he/she shall pay for the booking management and send the requested documents; should he/she fail to do so within the established term, the accommodation will become available again on the Website. This management fee is shown on this Website, and will depend on the duration of the contracted stay.
The accommodation temporary rental contract will be signed in-person by the customer at Resa Housing’s offices; said Contracting cannot be made through this Website.
3.3. Cancellation policy.
The booking is deemed confirmed from the moment the management fees are paid into the bank account held by RESA, and indicated in the booking confirmation e-mail. If the booking is made more than 10 days prior to the check-in date, a month’s rent shall also be paid corresponding to a part of the security (bond). Once these payments are completed, they will not be refunded in case the User does not ultimately contract the booked accommodation.
Cancellation of the booking by the User can be made either by means of the e-mail address email@example.com or in-person or by telephone by providing the user’s personal Code to enable his/her identification.
4. SECURITY OF THE INFORMATION COLLECTED.
Resa Housing undertakes to process the data confidentially and with the sole purpose of managing the visits and/or concluding the accommodation booking requested by the User and, subsequently, to process with the Customer in-person the corresponding contracting of the accommodation; including the commercial promotion of the services it provides. It is understood that the completion and validation of the registration form imply the consent to carry out said processing.
Contracting of the services offered by Resa Housing on this website is done in a secure environment through the implementation of a SSL (Secure Sockets Layers) data encryption system that guarantees protection of communications therewith via Internet.
The User undertakes to use lawfully and properly this Website, as well as the services provided by Resa Housing, pursuant to this Legal Notice, and not to carry out activities against the law, morality, public policies and, in general, to make good use of these conditions.
In the event of any unlawful activity taking place, RESA reserves itself the right to cancel the bookings of any User, or to deny access to the Website, without prior notice, as well as to take the legal actions it deems appropriate.
Likewise, RESA guarantees that the server where the personal data are stored and processed, has the organizational and technical security measures necessary to prevent, as far as possible, the alteration, loss and/or non-authorized access to said personal data.
Furthermore, it informs that Cookies are used on this website, in order to facilitate browsing. Should the user wish, he/she can configure his/her browser to prevent this from happening. The Cookies Policy of www.resahousing.com is determined by the provisions included in the tab named COOKIES POLICY.
5. LIMITATION OF LIABILITY.
This Website has been created in good faith by RESA with information originating from external and internal sources. However, RESA does not guarantee the completeness and accuracy of all the information it contains nor, in particular, the continued access, availability and on-going operation of this Website. It does neither take responsibility nor guarantees access to the Website, in case the customer or user fails to observe the recommendations given for each particular case when carrying out a specific activity or a particular service provision.
The company owning the website does not guarantee the absence of interruptions or errors in the access to the website or its contents, nor that it is updated or free from viruses or from any other element which could give rise to alterations to the computer system. RESAdenies any contractual or non-contractual liability against the individual or company using the Website to whom damages of any nature caused by any computer virus or by computer elements of any type originating from this Website or from the server providing it had been caused. The owner of this Website shall not be held liable from any consequence or damage which may derive from the non-authorized use of the information contained therein, or from the services and opinions provided by third parties.
RESAdoes not take responsibility for any damage caused, should there be any service interruptions, delays, errors, malfunctioning of the same and, in general, any other inconveniences resulting from causes beyond RESA’s control and/or due to a wilful or negligent action by the User and/or originating from force majeure causes, without prejudice to article 1.105 of the Civil Code; the force majeure concept shall be deemed to include failures by third parties, by operators, or service providers, Government actions, lack of access to third parties networks, acts or omissions by Public Authorities, those produced as a result of natural events, blackouts, etc. and the attack by hackers or third parties specialized in the security or integrity of the computer system.
In any event, regardless of their cause and to the fullest extent permitted under applicable law, RESA shall take no liability whatsoever for direct or indirect damages, technical problems or failure of computer equipment taking place in the course of the connection to the Internet Network, nor for damages which may be caused by third parties, damages and/or loss of profits.
Likewise, RESAtakes no liability for the quality of the users’ connection, the speed, or for the performance in the access to this website. On the other hand, RESA cannot guarantee the absence of viruses or other elements beyond this company’s control which may produce alterations to the users’ equipment, files or computer systems.
For technical, security or control reasons, supply failures or any other causes, RESA will be entitled, without prior notice, to temporally suspend this Website in order to carry out maintenance, improvement or repair tasks, always for the benefit of the User, as well as to carry out changes to the information, services, goods and other elements of this Website. All of the foregoing without the User being entitled to claim any liability from RESA.
Should the User become aware of the existence of any content which is unlawful, illegal or against the law, or which could entail an infringement of intellectual and/or industrial property rights, it shall notify RESA immediately so that this latter can proceed to take appropriate measures. And likewise, and in order to improve the service and establish an optimal quality level, the User/Customer may suggest all those changes, suggestions and/or remarks that he/she deems useful, by contacting RESA (Website owner) or Resa Housing (Website administrator) at the following e-mail address: firstname.lastname@example.org.
6. LINKS TO OTHER WEBSITES OF INTEREST OR LINKS TO THE WEBSITE FROM OTHER WEBSITES.
In order to anticipate your needs, Resa Housing provides links to other websites for the benefit, need or interest of the Customer/User. RESA does not have the capacity nor the human or technical resources to be aware of, control or approve all the information, contents, goods or services provided by other websites to which links from the Website may be established. Consequently, RESA and Resa Housing do not take responsibility for the contents provided or included in any independent website, including any advertising claim or commercial practices. That notwithstanding, RESA will protect the information on its Website or on the microsites under which it operates, but it will not be able to control or take any responsibility for the privacy policies of third parties’ websites, including the websites belonging to, or under the control of, other(s) collaborating company or companies and/or Universities/institutions. The third parties websites to which the User may access through links on our Websites, as well as their privacy policies and implemented security measures shall not be, in any event, RESA’s responsibility as owner of the website.
In this regard, should the User gain actual knowledge of the unlawfulness of the activities carried out through this/these third parties website(s), he/se shall inform RESA immediately so that this latter can proceed to disable the link providing access to those sites.
The Internet user wishing to introduce links from his/her own websites to the Website must fulfil the conditions detailed below. Lack of knowledge of such conditions will not prevent legal responsibilities.
The link will only connect to the homepage or main page of the Website, but without reproducing it in any manner whatsoever (online links, copy of the texts, graphics, logos, registered trademarks, etc.).
It shall be in any case prohibited, in accordance with applicable laws current at any given time, to establish “frames” of any type enveloping the Website or enabling the display of its Contents through Internet addresses other than those of the Website and, in any event, when displayed jointly with contents not belonging to the Website in a manner that: (I) gives rise, or may give rise to error, confusion or deceit amongst the users regarding the true origin of the service or Contents; (II) constitutes an act of unfair comparison or imitation; (III) serves to take advantage of the repute of the national trademarks owned by RESA and the prestige of this company and/or the other Owner Companies mentioned; or (IV) in any other form prohibited under current legislation.
No false, inaccurate or incorrect statement about RESA, its partners, employees, customers, or about the quality of the services it provides, will be made from the website introducing the link.
Under no circumstances it shall be stated in the website where the link is located that RESA has consented the inclusion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
It is prohibited to use any word, graphic or figurative trademark of Resa Housing, or any other distinctive signed owned by RESA unless where permitted by law or if expressly authorized by RESA, and provided that, in these cases, a direct link to the Website in the form set forth in this section is allowed.
The website including the link shall strictly comply with the law, and may under no circumstances contain or link to elements of its own or of third parties which: (I) are unlawful, harmful or against the morality and good practice (pornographic, violent, racist, discriminating, etc.); (II) lead or may lead the user to the false idea that RESA endorses, backs up, adheres to, or in any manner supports, the ideas, statements or expressions, either lawful or unlawful, of the sender; (III) are inappropriate or non-pertinent with regard to RESA’s activity taking into account the location, contents and theme of the sender’s website.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
All the contents of this Website, understanding these to include the texts, logos, distinctive signs, photographs, images, and other contents such as the graphic design and, in general, its Contents, are the intellectual property of RESA or, where applicable, of third parties if any, and are governed by Spanish laws and national and international regulations on intellectual and industrial property. Likewise, the trademarks or distinctive signs are of RESA’s exclusive ownership, in which case it will be indicated specifically. The User shall respect at all times the intellectual and industrial property rights of this Website, owned by RESA, which implies the prohibition of their use without RESA’s express consent.
It is strictly prohibited to reproduce, copy, publicly communicate, distribute, transform or modify the elements of this Website with commercial or professional purposes, or to infringe any other right eligible for protection under the Intellectual Property or Industrial Law, unless the authorization of the holder of the corresponding rights is obtained, or where legally permitted.
RESA authorizes the Users to visualize, use, print and download the contents included on the Website that he/she deems necessary, only for personal use, private and not-for-profit, provided always that it is not used to carry out commercial or professional activities, nor with communication, distribution, modification, alteration or decompilation purposes, or with purposes distorting the results pursued by the owner of this website.
Infringement of any of the industrial or intellectual property rights may constitute a breach of these provisions, as well as a crime punished under Article 270 and following articles of the Criminal Code, or of any other general provision adopted to that effect.
8. DOMAIN NAMES.
The domain names or address of this legal Website www.resahousing.com and http://www.bcn-housing-students.com/ are owned by RESA, owner of the Website. Its ownership is exclusive and the use by third parties infringes the rights conferred and granted by the registration of said domain name to its owner. At the same time, RESA is the owner of other domain names: www.resa.es, reservas.resa.es and two microsites: www.resainn.com/www.resainn.es.
9. GOVERNING LAW AND COMPETENT JURISDICTION
The relationships established between Resa Housing or RESA and the User shall be governed by current Spanish laws.