Terms and Conditions

Terms and Conditions

www.over10daysscostablanca.com

The website operating at www.over10daysscostablanca.com is run by P a u l aS a r n e c k a, as part of an unregistered business activity, with its registered office at u l.E m i l i i P l a t e r 1 a /  3 0, P i a s e c z n o , Poland, hereinafter referred to as the “Service Provider” .

The Service Provider has designated an electronic contact point for direct communication with Member State authorities, the Commission, and the Digital Services Council: over10dayscostablanca@gmail.com . Each Participant and Partner may use this same contact point to communicate directly and quickly with the Service Provider. The Service Provider can also be contacted in writing at the address indicated above, or by phone: +34 600 499 213 (including via WhatsApp, calls are accepted on business days between 8:00 AM and 4:00 PM CET, charges apply according to the tariff of the Client’s operator). Communication can be conducted in Polish and English.

§ 1 GENERAL PROVISIONS

  1. The following meanings are established for the words:

  1. TERMS AND CONDITIONS – these terms and conditions,

  2. CUSTOMER – a natural person, legal person or organizational unit without legal personality but with legal capacity, who makes a Reservation on the Website under the terms and conditions set out in these terms and conditions,

  3. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person with entrepreneur status, entered into the CEIDG register, making a Reservation as part of their business activity, but without any connection to the professional nature of that activity. This status applies only to customers based in Poland.

  4. CONSUMER – a Customer who is a natural person who uses the Website for purposes not directly related to his or her business or professional activity,

  5. SERVICE – the website available at www.over10daysscostablanca.com , through which the Customer can place a Reservation,

  6. RESERVATION – a declaration of will by the Customer clearly specifying the type of apartment and the number of days and nights of stay, directly leading to the conclusion of the Reservation Agreement.

  7. RESERVATION AGREEMENT (AGREEMENT) – an agreement for the reservation of accommodation presented on the Service Provider’s website, concluded between the Service Provider and the Client.

  1. The Service Provider’s business activity within the Service is to enable Customers to make Reservations for accommodation rentals starting from 11 days via the website. This service can be used by completing a properly completed Reservation form. The Service allows free browsing of the types of accommodation offered on dedicated subpages.

  2. Each Customer making a Reservation for accommodation presented on the Website is obliged to read the content of these Terrms and Conditions.

  3. In order to improve communication for potential and current Users, if they have any questions, it is recommended to first use the appropriate information tabs on the Website.

  4. The Customer making a Reservation is obligated to verify the consistency of the submitted documents with the Reservation and to immediately inform the Service Provider of any inaccuracies or errors discovered. The Customer declares that the data provided for the Reservation is accurate and acknowledges that any errors may result in the cancellation of the order, the blocking of the account or listing, or other steps being taken in accordance with applicable law.

  5. The condition for making a Reservation is to make a prepayment of 30% of the Reservation amount in advance and any additional services.

§ 2 TECHNICAL CONDITIONS FOR MAKING RESERVATIONS

  1. Technical requirements necessary to use the Website:

  1. Internet connection,

  2. correctly configured browser,

  • Samsung Internet version 10 or later with JavaScript and Cookies enabled, or

  • Microsoft Edge version 17 or later with ActiveX, JavaScript and Cookies enabled, or

  • Mozilla Firefox version 70 or later with JavaScript and Cookies applets enabled, or

  • Opera version 60 or later with Java applets, JavaScript and Cookies enabled, or

  • Google Chrome version 70 or later with JavaScript and Cookies applets enabled, or

  • iOS Safari version 12 or later with JavaScript and Cookies enabled.

  1. a current, active and correctly configured e-mail account,

  2. monitor with a resolution of no less than 360×640 px for phones, 768×1024 px for tablets and 1366×768 px for computers.

  1. If the Customer uses hardware or software that does not meet the technical requirements specified above, the Service Provider does not guarantee its proper functioning and reserves that this may have a negative impact on the quality and course of the Reservation procedure.

  2. The website does not use automated decision-making in its operation.

  3. The Service Provider will make every effort to ensure that the Website and services operate continuously and without any interruptions. The Service Provider will make every effort to repair any Service faults as quickly as possible. The Service Provider reserves the right to implement maintenance breaks.

§3 CONTENT SECURITY

  1. Customers and Partners are prohibited from providing illegal content or content that otherwise violates these Terms and Conditions in any form . Such content includes, but is not limited to, content that:

  1. are inconsistent with the subject matter of the Website – statements should be related to the content appearing on the Website, i.e. issues related to the products offered and their use;

  2. concern technical matters related to the functioning of the Website – technical matters should be reported by Customers electronically to the Website’s e-mail address;

  3. contain links to other websites or files;

  4. are used to conduct unauthorized advertising, promotional and marketing activities, in particular by placing advertisements, selling and promoting products, services, projects and collections.

  5. are used to conduct activities prohibited by law, e.g. attempts to commit fraud and extort funds from other customers;

  6. incites or approves of violence against any living being, including animals;

  7. promote any fascist or other totalitarian state system;

  8. incites or praises hatred or dangerous behavior;

  9. defame or insult or in any way violate the rights of third parties;

  10. contain profanity or other offensive content;

  11. are essentially a sequence of random signs that do not reflect real words,

  12. were added by the owner of the accommodation under which they were posted, or an employee of the accommodation or another person directly connected with the facility,

  13. violate the interests of the Service Provider,

  14. violate the applicable legal order or good customs in any other way.

  1. In the event of violation of the above guidelines, the Service Provider reserves the right to moderate and remove such content without notifying the poster. Posting the content indicated above on the Website will result in the consequences provided for in these Terms and Conditions, including deletion of the account from the Website or the disabling of Bookings.

  2. A Customer who considers content on the Website to be illegal or inconsistent with the Terms and Conditions may submit a report to the Service Provider. Such a report should be submitted electronically and should include a specific content, arguments for its removal, and identifying information about the submitter. Anonymous complaints will not be considered.

  3. Complaints will be reviewed within 14 days of receipt. The complainant will receive a confirmation of receipt. The Service Provider will notify the Client of the decision via email or in writing.

  4. The Service Provider’s decision may consist in removing the content or leaving it on the Website.

  5. The parties may appeal the Service Provider’s decision within 14 days of receiving the justification for its removal. The decision regarding the appeal is final.

§ 4 REGISTRATION

  1. Registration on the Website is free of charge but mandatory.

  2. Registration on the Website is based on a properly completed registration form, in which the Customer provides the necessary identification data (first name, last name), email address, and password; acceptance of the current Website Terms and Conditions; and a declaration of consent to the processing of personal data to the extent necessary for the proper processing of the Customer’s Reservation. An email confirming account creation will be sent to the Customer’s email address provided in the registration form. Upon receipt of the email confirming registration, an account management agreement is concluded between the Customer and the Service Provider.

  3. After registering on the Website, logging in is done using the data provided in the registration form or changed based on the Customer’s subsequent request.

  4. In order to delete the Customer’s account from the Website (termination of the contract), please send an e-mail with a request to delete the account to the e-mail address: over10daysscostablanca@gmail.com , providing the Customer’s identifying data, or select the appropriate option in the account settings.

  5. The Client may not use the accounts of other Clients, violate the provisions of the Terms and Conditions, or transfer their account to third parties. Violation of this rule will result in termination of the agreement by the Service Provider, suspension of the Client, or other consequences specified in the Terms and Conditions.

§ 5 TERMS OF COOPERATION BETWEEN THE SERVICE AND PARTNERS

  1. The Partner’s personal data will be processed in accordance with the Privacy Policy available on the Website, which specifies the scope, purposes, legal bases, and retention periods for such data. The Service Provider’s Partner responsible for the delivery of accommodation is responsible for sending the following data for the accommodation announcement via e-mail ( for security reasons, it is recommended to send the data in a password-protected file, and send the password via WhatsApp, specifying the name of the accommodation in the message): :

  1. 10 words of short information advertising the accommodation,

  2. future rental dates booked,

  3. all additional costs that occur apart from rental costs (if applicable),

  4. gross prices per night with seasonal variations (high season 15/04 to 15/10) or length of stay,

  5. the exact address of the accommodation, including the apartment number,

  6. maximum number of guests,

  7. NRA and SES numbers,

  8. information whether it is a private owner,

  9. 3 to 6 photos of the object,

  10. bank account details for settlements (in the appropriate currency).

  11. room numbers.

  12. partner’s data (name, surname, gender, address, e-mail, type of ID document and its number, citizenship, telephone number(s) and/or company details including telephone number and e-mail address),

  13. whether there is an internet connection available in the accommodation,

  14. how many calendar days free for preparing the facility between reservations,

  15. how many calendar days in advance a rental reservation may be completed from the current dates

  1. In the event of missing data, one attempt will be made to contact the partner for clarification.

  2. The advertisement will be entered within 7 business days of receiving complete data.

  3. The Partner should contact the Client at least 1-2 days before arrival to agree on the time of handing over the keys and concluding the rental agreement.

  4. All operational costs related to payments are borne by the Service Provider’s partner who is the accommodation provider.

  5. The content of the listing can be edited once a year. Any updates to the booked dates (except for iCAL synchronization, if specified) should be sent via email with the accommodation name within 24 hours of the change, ensuring the security of this information. In the event of up to two external bookings without prior notification to the Administrator, the Administrator may suspend or remove the accommodation listing from the Website. Before suspension or removal, the Partner will be informed in writing or by e-mail of the reason, the date of the planned suspension, and the possibility to submit explanations or objections within 7 days. The Partner may appeal the decision within 14 days from receipt of the notification. The final decision will be communicated within 14 days of receiving the appeal.

  6. If a Reservation Agreement is concluded, the Service Provider’s partner will receive an appropriate notification via email and WhatsApp within 14 hours of its conclusion. This also applies to cancellations.

  7. In all communications with the Service Provider, the partner responsible for providing accommodation should use the name of the accommodation in the subject line of the message.

  8. The accommodation provider is entirely responsible for the tenancy.

  9. The accommodation provider’s details regarding telephone number and email address will be forwarded to the Customer after the Service Provider receives payment.

  10. If the accommodation provider is unable to fulfill its obligations in accordance with the announcement before the Client’s arrival (e.g. due to force majeure), it should immediately inform the Service Provider and the Client of this fact.

  11. The order in which available accommodations are displayed is set from the lowest price per stay that also meets the Customer’s search criteria.

  12. The accommodation provider is obliged to refrain from assessing the accommodations advertised on the Website and the accommodations of other providers located in the same region.

§ 6 RESERVATIONS

  1. Information about available accommodation on the Website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

  2. By placing a Reservation, the Customer is inviting the Customer to enter into a Reservation Agreement for the accommodations presented on the Website. The Reservation process begins with confirmation of the service features via the tab regarding the given accommodation. The Customer is informed about the availability of the accommodation, price, and payment methods. To place a Reservation, the Customer is required to provide the address and other information necessary to conclude the Reservation Agreement, as indicated in the Reservation form. Before submitting the Reservation (by using the “Book now” button), the Customer confirms that they have read these Terms and Conditions and consent to the processing of their personal data for the purposes of making the Reservation.

  3. The display of a message confirming the Reservation after clicking the “Book now” button constitutes acceptance of the invitation referred to above and the conclusion of a Reservation Agreement. If, before confirming the Reservation (using the “Book now” button), the Customer terminates the Reservation form and leaves the Website, the agreement will not be concluded.

  4. A Customer making a Reservation as an entrepreneur is obliged to provide their Tax Identification Number when making the Reservation, otherwise it is assumed that they are purchasing as a Consumer.

  5. The assessment of whether a Customer who is an entrepreneur entered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Service Provider in relation to an individual case and based on any declarations made by the Customer in the course of placing the Reservation.

  6. If accommodation is unavailable after making a Reservation and the Customer’s Reservation cannot be fulfilled, the Service Provider will notify the Customer immediately, no later than 48 hours before the Reservation begins. In such a case, the Customer has the right to decide whether to consent to the Reservation being fulfilled within the period proposed by the Service Provider or in accommodation with parameters as close as possible to the originally booked accommodation, or to withdraw from the contract. In the event of withdrawal, the Service Provider will refund the Customer the amount paid. Notification will be sent to the email address provided by the Customer in the Reservation form. If no decision is made within 24 hours of notification, the Reservation will be automatically canceled and the funds refunded.All refunds due to the Customer under these Terms and Conditions will be made without undue delay, and in any case no later than 14 days from the date on which the Service Provider became obliged to refund the payment.

  7. If two reservations are made and payment is not made on time, the Customer’s account may be blocked by the Service Provider.

  8. The planned maximum number of guests for whom a reservation can be made at the accommodations listed on the website is currently 5.

  9. The Service Provider will contact the Client on the day of arrival to confirm whether the accommodation meets the requirements listed in the accommodation ad. In the event of discrepancies with the ad or failure to contact the provider, the Client will send photographic documentation to the Service Provider.

§ 7. RESERVATION EXECUTION

  1. The Client collects the booked accommodation on the day specified in the Reservation Agreement.

  2. When receiving the keys to the accommodation, the Customer is informed about its functionalities and all the most important rules for its use by the Service Provider’s partner providing the accommodation.

  3. If any faults, damages or missing equipment are found or occur, the Customer is obliged to inform the Service Provider’s partner and the Service Provider upon receipt of the accommodation and ensure accurate documentation thereof.

  4. Any damage discovered after the accommodation has been taken over must be reported to the Service Provider’s partner and the Service Provider immediately after it is discovered.

  5. Accommodation is provided solely for the period specified in the reservation, as part of a seasonal rental agreement, and does not constitute the Client’s permanent or primary residence. After the reservation period expires, the agreement expires without notice.

  6. The customer bears full financial responsibility for any damage, destruction or theft of property caused by his fault or the fault of people visiting him.

  7. Using the accommodation for purposes other than residential, e.g. organizing events, celebrations or social gatherings for more people than those registered or exceeding the intended purpose of the apartment, is not permitted.

  8. The Service Provider is not liable for any obligations arising from the lease agreement concluded between the Client and the Service Provider’s partner.The Service Provider acts solely as an intermediary in presenting offers and facilitating the conclusion of Reservation Agreements between Customers and Partners. The Service Provider is not a party to the rental agreement, except to the extent that it collects payments on behalf of the Partner and transmits them in accordance with these Terms and Conditions. The Service Provider remains responsible for the proper performance of its own obligations as an intermediary, including ensuring that information displayed on the Website corresponds to the data received from the Partner.

§ 8 WITHDRAWAL AND DEDUCTIONS

  1. The Service Provider also reserves the right to withdraw from the contract until the Reservation or services have commenced if their implementation is difficult or unsafe for reasons beyond the Service Provider’s control. The Service Provider has the right to withdraw from the contract in the event of force majeure, natural disasters, states of war, etc. In such cases, the Client will receive a full refund of the amount paid. The Intermediary (Service Provider) is not obligated to pay the Partner any commission related to such a reservation.

  2. The Customer may withdraw from the Reservation Agreement at any time before the start of the stay by sending a written or electronic notice to the Service Provider.
    In the event of withdrawal by the Customer for reasons not attributable to the Service Provider or the Partner, the deposit paid will be retained as a contractual penalty to cover the actual costs incurred, but not exceeding the value of the deposit.

  3. If the withdrawal is caused by circumstances attributable to the Service Provider or the Partner (including force majeure preventing the Partner from providing the accommodation), the Customer will receive a refund of the deposit in full within 14 days from the date of notification.
    This contractual withdrawal right does not limit the rights of the Consumer arising from mandatory provisions of law, including the provisions on non-conformity of services with the contract.

  4. The Service Provider reserves the right to make every effort to meet any special requirements of the Customer. In such cases, the Service Provider reserves the right to notify the Customer of such requirements prior to making the Reservation. The Service Provider reserves the right to cancel the Reservation or reject any complaint if the Service Provider was not informed of the Customer’s special needs prior to making the Reservation.

§ 9 PRICE AND PAYMENT METHODS

  1. The price listed for each accommodation on the Website is binding at the time the Customer places a Reservation. All prices are final and include all applicable taxes and charges. If the Service Provider is not a VAT-registered entity, VAT will not be charged in accordance with applicable tax regulations. The price may include an individually calculated discount or discount, automatically assigned to the Customer – this information is included in the Reservation summary.

  2. The Service Provider provides the Customer with the option of paying for the Reservation only by direct

  3. bank transfer.

  4. If a Reservation is made and the payment for the Reservation is not received within 24 hours (1 business day) of its submission, the Reservation will be cancelled.

  5. The delivery of the Reservation item will take place within the time specified in the Reservation confirmation.

  6. The final amount payable to the Service Provider by the Client consists of a deposit of 30% of the total Reservation price. Transfer fees and fees charged by payment institutions upon payment are borne by the Client. The remaining amount is payable to the property owner upon check-in on the day the Reservation begins, along with other fees specified in the accommodation listing for stays shorter than 30 days. Alternatively, payment may be made in installments on the dates specified in the rental agreement for rentals longer than 30 days, along with other fees specified in the accommodation listing.

  1. On the day of arrival, the Service Provider, once it receives confirmation from the Customer that the conditions specified in the advertisement received from the Service Provider’s partner have been met, will transfer 30% of the total rental price, less a commission, to the Supplier’s account. This amount is 50% of this amount, including transfer costs (if applicable), to the partner within three business days. If the Customer is not contacted within 1-2 days of the planned arrival date, the transfer will also be made three business days after the missing contact. If the Customer cancels the Reservation Agreement, the commission will be paid. However, if a justified complaint is submitted, the partner will not receive the Reservation funds.

§ 10 COMPLAINTS

  1. The service provider is obliged to properly perform the agreed services.

  2. If the services provided are found to be defective, the Customer may file a complaint, informing the Service Provider of the observed irregularities and documenting the irregularities for verification. Complaints can be submitted electronically (this method allows for the fastest complaint resolution) or in writing to the Service Provider’s address on the day of arrival at the facility, or in person at the facility. Any defects should be reported immediately, no later than 48 hours after detection.

  3. The Service Provider undertakes to consider the complaint immediately and, in the case of sending it in electronic or written form, within 14 days from the date of its submission (the date of submission of the complaint shall be deemed to be the date of its delivery to the Service Provider) and to inform the Customer about the decision and further proceedings in writing or by e-mail to the e-mail address provided in the complaint or on another durable medium.

  4. The service provider may decide to change the accommodation to another one or to refund the paid amount.

  5. The Customer may submit a declaration of price reduction or withdrawal from the Agreement if the services provided are inconsistent with the Agreement only when:

  1. The service provider refused to bring the services provided into compliance with the contract;

  2. The service provider failed to bring the services provided into compliance with the contract;

  3. the lack of conformity of the services provided with the contract persists despite the Service Provider’s attempts to bring them into conformity with the contract;

  4. the lack of conformity of the services provided with the contract is so significant that it justifies an immediate reduction in the price or withdrawal from the contract;

  5. it is clear from the Service Provider’s statement or circumstances that he will not bring the provided services into compliance with the contract within a reasonable time or without excessive inconvenience to the Customer.

  1. The reduced price must be proportional to the price under the Agreement to the value of the service provided that is inconsistent with the Agreement to the value of the service provided that is consistent with the Agreement. The Service Provider will refund any amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the Customer’s notice of the price reduction.

  2. In the event of a dispute between the Service Provider and the Customer regarding the validity of the complaint rejection, the Customer who is a Consumer has the right to use out-of-court complaint and redress procedures. The Customer may use mediation or arbitration by submitting an appropriate form to the institution conducting the proceedings – a request for mediation or a request for arbitration. A list of sample institutions, along with their contact details, is available at www.uokik.gov.pl. This right does not apply to entrepreneurs with consumer rights.The Customer who is a Consumer may also submit a complaint to the European Commission’s ODR platform available at https://ec.europa.eu/consumers/odr/, which enables out-of-court resolution of disputes online.

     

§ 11 PERSONAL DATA PROTECTION

Provisions regarding the protection of Customers’ personal data by the Seller can be found in the Privacy and Cookies Policy posted on the Store’s website.

§ 12 COPYRIGHT

These Terms and Conditions and all content posted on the Website, including photos and descriptions, are subject to copyright within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are subject to legal protection. Any copying, reproduction, distribution, or adaptation thereof, in whole or in part, using any methods, devices, or techniques, without the written consent of the Service Provider is prohibited.

Using the website does not lead to the acquisition of any rights to the content originating from and distributed by Users and partners of the Service Provider.

§ 13 FINAL PROVISIONS

  1. A VAT invoice or other settlement document compliant with applicable tax s is issued for each Reservation. The VAT invoice is delivered electronically to the email address provided by the Client or in traditional mail. Acceptance of the Terms and Conditions constitutes consent to the sending of invoices in electronic form.

  2. Polish law shall apply. Disputes arising between the Customer and the Service Provider shall be resolved by the court having jurisdiction over the Service Provider’s registered office, provided that, in the case of Consumers, such disputes shall be resolved by a court having jurisdiction pursuant to the provisions of civil procedure. These Terms and Conditions are governed by and construed in accordance with Polish law. These Terms and Conditions do not limit any consumer protection rights to which the Customer may be entitled under mandatory provisions in their country of residence.

  3. The Service Provider reserves the right to amend the Terms and Conditions. The Service Provider will notify you of any changes to the Terms and Conditions electronically. Amendments to the Terms and Conditions will take effect 14 days after notification. Reservations placed before the effective date of amendments to these Terms and Conditions will be fulfilled based on the provisions in force on the date the Reservation was placed.

  4. 4. The Service Provider operates in compliance with applicable laws regarding short-term property rentals, including:

    Royal Decree 1312/2024 of 23 December 2024 applicable in the Kingdom of Spain,

    Regulation (EU) 2024/1028 of the European Parliament and of the Council of 11 April 2024 on a uniform registration procedure for short-term rental services.

    The Website allows the publication of listings only in compliance with the above regulations and, in particular, requires that registration requirements are met and that the registration number is included in the listing content in cases specified by law