The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, on Guarantees for the sale of consumer goods and services:
Conformity of the services with the contract
Unless proven otherwise, it will be understood that the services are in accordance with the contract as long as they meet all the requirements that are expressed below, unless due to the circumstances of the case, any of them is not applicable:
- They conform to the description.
- They are suitable for the uses to which services of the same type are ordinarily intended.
- They are suitable for any special use required by the client, when they have been informed at the time of signing the contract, provided that they have accepted that the service is suitable for this use.
- They present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the services.
- Describes the details, technical characteristics or photographs of the properties provided by their owners, so that you are not bound by these public statements.
The lack of conformity that results from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility of the same falls on or under the responsibility of it; On the contrary, when the service not performed or provided is due to negligence or bad practice of the USER, it will not be considered any fault of and will be considered in accordance with the terms of the contract.
The responsibility will not proceed for lack of conformity that the USER knows or could not ignore at the time of signing the contract or that originates from information provided by the USER.
Responsibility of Nexus Suites & Hotel S.L.
They will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. The USER recognizes the right to repair the service, to replace it, to reduce the price and to terminate the contract.
Repair and replacement of products
If the service is not in accordance with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies the chosen option, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions in the cases in which the repair or replacement fails to bring the service into conformity with the contract.
Any form of remediation that imposes costs that, compared to the other form of remediation, are unreasonable, taking into account the value that the service would have if there were no non-conformity, the relevance of the non-conformity, and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
Rules of repair or replacement of the product.
Repair and replacement will conform to the following rules:
The necessary expenses incurred to correct the lack of conformity of the contracted services will be free for the USER.
They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.
If the repair is completed and the study delivered, it is still not in accordance with the contract, the USER may demand its replacement, or a price reduction or termination of the contract. If the substitution fails to bring the property into conformity with the contract, the USER may demand the repair of the same, or the reduction of the price or the termination of the contract.
Price reduction and termination of the contract.
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the repair or replacement of the service and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for the user. USER.
The resolution will not proceed when the lack of conformity is of minor importance.
Criteria for price reduction.
The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.
Deadlines
Unless proven otherwise, delivery is understood to have been made on the day that appears on the reservation.
The USER must inform of the lack of conformity at the time he has noticed it or, at the latest, at the end of the stay.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
