Welcome to Espunda!
Our website Espunda (hereinafter referred to as "Espunda") is an expression and is offered by Hestiareal S.L., (hereinafter referred to as "Hestaireal"). Our office is located at Calle Estados Unidos de América 2 03730 Jávea, Alicante and registered at the Registro Mercantil de Alicante (the Spanish Chamber of Commerce in Alicante) with the number Tomo 4145 Libro 0 Folio 86 Sección 8 Hoja A-161281 Inscripción 1.
Our site is a platform where we, as Espunda, promote our services and products, but also a platform where suppliers of holiday homes offer these for rent through advertisements to visitors to the website. Espunda is and will not be contracting party to the rental agreement of a holiday home which may be realized between a landlord / owner and a visitor / tenant of the website. The visitor of the website (hereafter: "visitor"), which deals with the offer of a house offered by the landlord and / or proceeds to rent an offered property, will hereinafter be referred to as the tenant or visitor. Visitors, these are tenant (s), landlord (s) and other visitors to our website are collectively referred to as user (s).
By visiting our website you declare to agree with these Terms and Conditions (hereinafter: "Terms and Conditions"), privacy statement and cookie policy Our advice is to read these terms and conditions carefully.
If you have any questions about our terms and conditions, cookie policy or privacy statement, please contact us via our contact form.
Explanation of our General Terms and Conditions:
Our General Terms and Conditions consist of 3 topics:
- Part 1 general part applies to Users;
- Part 2 conditions for Tenants in addition to part 1;
- Part 3 conditions for landlords in addition to part 1;
- Part 4 conditions for other visitors in addition to part;
Topic 1: General part that applies to Users
1. Effective date and interim change:
These Terms and Conditions apply to every user of our website and to all services offered by Espunda. The effective date of these conditions is 1 September 2018.
Espunda will ensure that the latest known version is always available on our website. This way you know exactly which general conditions apply to you.
2. Privacy policy
For Espunda, the renewed privacy policy also applies as entered into on 25 May 2018. We believe your privacy is very important. Our Privacy Policy, which is available on our website, explains how Espunda protects your privacy when you visit and use our website. We also explain how Espunda handles personal data.
3. Operation of the website
We pay a lot of attention and care to our website in order to ensure that it functions as flawlessly and optimally. We do everything we can to achieve this. Unfortunately, for a number of parts of our services / parts of our website we are dependent on third parties, namely the landlords. Because landlords themselves place content, Espunda can not guarantee that the website will function without problems or is always accessible. Because third parties place content we can not guarantee that all information on the website is correct. You can expect us to do everything within the boundaries of our ability to ensure accessibility and displaying correct information.
4. Limitation of liability and indemnity
Espunda has outsourced the hosting of the website to third parties. This party is responsible for hosting and the accessibility of the website. We are not liable for damage resulting from any failure, defect or malfunction of the website. Our partners and Espunda will ensure that any problems that arise around the website are remedied as soon as possible.
We are not liable for damage caused by the use of the website by Users.
To the extent permitted by law, we exclude liability that a user claims for all damage the user suffers by:
(i) use of the services of the website or other services of Espunda;
(ii) the non-availability or unsafe availability of the website or parts thereof;
(iii) wrong or incorrect information on the website;
If for any reason we are or are liable for any liability, our liability is limited to:
If it concerns a tenant a maximum claim up to an amount of the paid weekly price for the relevant accommodation. The weekly price is the price without extra costs and surcharges.
If it concerns a landlord a maximum claim up to an amount of the paid weekly price for the relevant accommodation. The weekly price is the price without extra costs and surcharges.
In the case of third parties (ie others than a tenant or landlord), a claim by a user, a maximum amount of € 200.00 applies.
Users indemnify Espunda against claims from third parties in respect of any damage, including more - but not exclusively - legal costs incurred by entering into an agreement between the Lessee and the Lessor and / or using the website.
5. Unauthorized use of the website
The content of the website includes a database with a varying range of holiday accommodations (hereinafter referred to as: "Databank"). The owner of the accommodation owns his own dates. The owner of the data must protect his data rights himself and makes the complete data of the accommodation available to Espunda. Espunda is therefore not liable if this data will be used unauthorized by third parties.
Because the landlord himself has licensed the photos, videos, texts and other copyright and protected data ('Content') to Espunda, Espunda has the right to place these on the site. The Content is protected by copyright.
Users are not permitted without the prior written permission of Espunda to the website, parts of the website, the database or content:
- copy, store, reproduce, reproduce and / or make public;
- the collection of personal data;
- approaching other Users to offer the same or different products and / or services.
6. Explanation of General Terms and Conditions and application
As soon as and if there is a lack of clarity regarding the interpretation of one or more provisions of these General Terms and Conditions, the explanation must take place according to the actual intention of these provisions.
If a situation arises between the parties that is not regulated in these General Terms and Conditions, this situation must be assessed according to the intention and scope of these General Terms and Conditions.
If one or more of the provisions of these General Terms and Conditions or any other agreement with Espunda conflict with any applicable mandatory legal provision, the relevant provision will lapse and will be replaced by a new legally permissible, comparable provision by Espunda. . In the event that one or more provisions of these General Terms and Conditions are declared invalid in whole or in part by a court order, this will not affect the other provisions of these General Terms and Conditions.
7. Transfer to third parties
Espunda is entitled to transfer rights and obligations regarding the services offered by Espunda, including the website, to third parties and third parties to have these services performed and offered.
8. Force majeure
In the event of force majeure, Espunda has the right to suspend, without prejudice to the other rights, the performance and its services of the agreement, or to dissolve the agreement without judicial intervention, this by informing Users in writing and without Espunda is obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
Force majeure shall mean any shortcoming which can not be imputed to Espunda, because it is not due to its fault and is not for its account under the law, legal act or generally accepted in traffic.
9. Abuse, applicable law and disputes
The lessor is not allowed to use the website for matters such as illegal, immoral and punishable behavior. Espunda will act against abuse of the website.
Only Spanish law applies to all legal relationships and these general terms and conditions. The applicability of the Vienna Sales Convention is hereby excluded. All disputes arising from this will be submitted to the competent court in the district in Denia.
Part 2 Conditions for Tenants
These conditions apply in addition to the conditions of Part I of these General Terms and Conditions.
10. Accepting the offer from the Landlord
Espunda will never become a party to the agreement that you enter into or wish to conclude with the lessor of the accommodation. You have to make an agreement with the landlord of the accommodation yourself. The landlord will send you a rental agreement on your own initiative. Espunda only takes care of the sending of your booking request and has no further insight, knowledge, influence or involvement with any rental transaction and payment as or not subsequently concluded between tenant and landlord. Because we only show registered accommodations, all owners / landlords are traceable.
11. Information offered on the Website
Espunda will make every effort to ensure that the information provided by Hosts on the Espunda website about the accommodation offered is accurate. If Espunda has the idea or reason that the provided information is incorrect, Espunda will contact the landlord.
However, Espunda can not guarantee 100% that the information on the site is correct and reliable at all times, as this information has been provided by the landlord. We can therefore be held liable in a single way for damage, direct or indirect, resulting from the use of the information on the site.
Espunda can not and will not carry out physical checks on the quality, correctness and completeness of the offered accommodation. The property must have a rental permit.
Espunda can not guarantee that the accommodation offered by landlords on the website meets your expectations.
12. Booking request
"Booking request" means the following: a potential tenant sends a request to Espunda after which Espunda checks the availability. If the accommodation is available, Espunda will place the booking. The landlord must respond from the chosen platform within 48 hours after sending and accept the request. If the calendar is not up to date and the request can not be honored, Espunda will charge the landlord the cancellation fee of € 50.00.
13. Complaints
If you have a complaint about our services, you can make your complaint known by email and send it to Espunda by email. Any complaint must be submitted within 4 weeks after discovery. Espunda will confirm your well-motivated complaint and respond within 14 days. In the unlikely event that it is not possible to respond within 14 days, Espunda will inform you by e-mail. In this mail we will inform you immediately of the period we can respond to.
Part 3 Conditions for Landlords
These conditions apply in addition to the conditions of Part I of these General Terms and Conditions.
14. Mediation and cancellation costs
Our rates for mediation can be found at https://espunda.com/nl/tarieven
If the landlord, after Espunda has placed an option, leases the object to third parties, blocks for its own use whether the object for repairs takes work out of the rental and thus does not respect the option, Espunda will send an invoice to the normal commission which would apply to the optional period. This committee can be found at https://www.espunda.com/nl/tarieven
In the Booking Request the landlord receives all the information entered by the Tenant. The booking fee as described above will be charged at all times regardless of whether the booking request is accepted or rejected by the lessor, or expires. It is the responsibility that the calendar will be accurately kept to show a true picture of the availability of the accommodation to Espunda.
Should a Booking Request be canceled or a final booking due to circumstances due to a reason outside the Landlord, then the Landlord must report this via e-mail within 5 days after cancellation. At the moment the Landlord with evidence (for example, an e-mail from the tenant) can show that the debt is not with the Landlord and within 5 days reporting of this via the above e mail address, Espunda will credit the charged booking fee.
* The above prices and commissions are inclusive of VAT.
15. Assignment, cancellation and payment
Upon conclusion of the subscriptions referred to in the previous article, a contract agreement is concluded between the Lessor and Espunda. This contract of assignment consists of placing the private holiday home on the Espunda rental site. The agreements are drawn up separately and signed by the landlord and Espunda. The contract has a term of 1 year, termination 1 month before the end of the term, whereby it will be renewed tacitly after the first year, whereby both parties have the right to dissolve the agreement with due observance of 1 month notice period.
If the landlord wishes to terminate the contract at a desired moment, the landlord must notify this by email. A confirmation of this cancellation will be sent to the lessor per reply. After receipt of the Espunda reply, the cancellation is final. The agreement can only be dissolved if the lessor no longer has to pay amounts due to Espunda.
As soon as the lessor closes 1 of the subscriptions referred to in Article 16, the Lessor grants an irrevocable, worldwide license to Micazu for an indefinite period of time to use the images, videos and texts ("the Content") placed by the Lessor on the Website ("the Content") which relate to on the holiday accommodation offered by the Lessor. This license also continues after termination of the agreement between the Lessor and Micazu, as well as termination by the Lessor of the contract with Micazu. Landlord remains at all times responsible for the Content placed by it. Landlord must at all times take care of back-up of the posted content.
16. Prices and payment conditions
Espunda will send an invoice after the establishment of a booking. The costs of our services can be found on our website https://espunda.com/nl/tarieven. The invoice of the commission will be sent to the lessor by Espunda.
Espunda is entitled to change the rates. These changes will be announced by e-mail or in writing and will take effect 14 days after publication.
17. Suspension / removal of website
Espunda can suspend the mediation once outstanding invoices have not yet been paid. The result may be that the accommodation will be removed from the site without further reasons. If payment is not made, Espunda will outsource the settlement to third parties. The extra costs for this are at the expense of the landlord / owner.
As soon as and as long as the Lessor fails to pay an outstanding invoice, insofar as it is due and payable, or otherwise
18. Providing data
All data that Espunda indicates are necessary or of which the owner / lessor should reasonably understand that these are necessary, must be provided to Espunda in time. If the above is not provided to Espunda or is not provided on time, Espunda has the right to suspend the execution of the agreement. If this results in damage and / or extra costs, Espunda will charge the actual costs to the lessor.
Espunda is not liable for damages of any kind because Espunda has used the incorrect and / or incomplete information provided by the owner / lessor.
When establishing an agreement between landlord and tenant, the landlord must have a working e-mail address.
Espunda expects the landlord to check very frequently whether the e-mail address is still working and check whether there are e-mails in the mailboxes including the Spam box.
If Espunda sees or has reason to provide further information about the landlord and accommodation, the landlord must cooperate to a certain extent and in a subordinate manner.
19. Rules for placing an advertisement
The Espunda rental site is exclusively and expressly intended for private owners of holiday homes who want to offer and rent their holiday home. Espunda would like to keep this way of working which has been fully described by the owner, preferably as extensively as possible and with care, we draw your attention to the following rules:
Espunda reminds the landlord that all texts, photographs and other images must give a correct and clear picture of the accommodation and the landlord, this information directly related to the accommodation, and may therefore not be incorrect or misleading. All texts and images must be free of any form whatsoever regarding copyright and other licenses. The use of own material is an explicit wish of Espunda. The lessor must indemnify Espunda for any damage, the actual costs of defending Espunda's defense and further damage, resulting from the unauthorized use of photos, images, texts or videos, which Lessor has placed or has placed on the Espunda website
Espunda wants to be able to provide a truthful picture of the availability of the relevant accommodation. It is therefore the obligation of the landlord to keep the calendar up to date. If this is not the case and there is damage, Espunda will recover this damage from the lessor. This damage can not exceed the booking fee that would have applied for this specific booking.
Part 4 conditions for other visitors
These conditions apply in addition to the conditions of Part I of these General Terms and Conditions.
20. Other visitors
As long as the visitor has in no way entered into a business agreement with Espunda, it is free to surf on our website. Espunda has set up a cookie policy and privacy statement that you can find at https://espunda.com/en/privacy and https://espunda.com/nl/cookiebeleid. As soon as a business agreement will be concluded, contracts will be used for this. to confirm this business agreement.