The purpose of this document is to inform our clients about the operating terms and conditions of DFLAT Madrid. The conditions for hiring our services will be specified in a contract which will be signed between clients and owners, and in some cases DFLAT Madrid, and which will expand on and detail any of the points indicated herein. Wherever they is any dispute, the signed contractual conditions shall take precedence. It is for this reason that this document will focus on explaining the conditions and procedure for hiring the service. These conditions will only apply to own channels and not to third-party agencies and internet portals not belonging to DFLAT Madrid.
1. - CONTRACTING PROCEDURE
This document will be made public so that the client may have easy access to the information.
The contracting procedure will be deemed to have commenced at the moment when the client contacts DFLAT Madrid via telephone, email or our internet portals, with the privacy policy being applied starting from that precise moment.
DFLAT Madrid considers both landlords (owners, managers) and tenants (individual or collective clients) to be clients and, thus, both are treated as such at the different times during their relationships with DFLAT Madrid.
DFLAT Madrid makes a database of accommodations available to their clients with extensive information and a photographic report geared towards helping the tenant-client to find the most suitable lodging. All of the information offered (descriptions, photographs, features, services and availability) belong to DFLAT Madrid, and it is made available to the clients solely for their assessment. This information may be shared by the client to other persons under the same conditions and only by sharing the links to our pages.
The rental prices of the apartments on the DFLAT Madrid website are illustrative, may vary depending on the period of the year or the conditions of the application and contracting. The prices offered during the negotiation and reservation period expire in 24 hours. They will not vary if the reservation payment has been made and the conditions on which they are based do not change.
1.1. - Reservation Procedure
DFLAT Madrid establishes a different method of reservation depending on the type of rental that the client is looking for and will be informed by our agents before making any kind of payment.
DFLAT Madrid establishes the payment for a reservation. This payment must be satisfied in order to receive the confirmation that the apartment is already reserved. The amount for the reservation may be different for every apartment and period.
To give you an idea, a reservation for short stays would normally be 20-30% of the total, and for apartments rented by months for a yearly duration it would be at least a monthly payment.
1.2. - Payment and Collection Methods
For payments made online, DFLAT Madrid uses secure collection procedures via card using processes provided by Sermepa/Redsys, integrated into our portals. You may find the information on this provider at http://www.redsys.es
DFLAT Madrid has different systems for online payment, by credit card, PAYPAL and bank transfer, with the client being responsible for all the financial expenses entailed by said payments.
Financial expenses as a result of both national and international returns, and/or currency exchanges will also be the responsibility of the client.
1.3. - Receipt of Documentation and the Remaining Rent
DFLAT Madrid will send the client the contractual documentation and the summary of sums which must be satisfied upon entry and throughout the duration of the contract. DFLAT Madrid will maintain communication via email and will inform the client in writing of all the issues that historically have created questions and/or controversies.
If the apartment is managed by DFLAT Madrid or belongs to DFLAT Madrid, the payments for the reservation, entry and periodic payments will be carried out by DFLAT Madrid directly.
If the apartment belongs to an owner and DFLAT is the mediator or middleman, the payment for the reservation will be made to DFLAT Madrid in the name of the property. However, the payments for the deposit and the monthly payments could made directly to the owner.
1.4. - Payments of Rental Fees
In some cases, in seasonal contracts, DFLAT Madrid charges the client a fee (+ VAT) to cover the services rendered and for long-distance reservations. This fee will only be charged if the client signs a contract for an apartment and its net worth will be returned in cases where the client, through communication by the same, get a tenant out who book the apartment or any of our portfolio.
1.5. - Change Policy
DFLAT Madrid cannot guarantee the availability of an apartment due to a request for a change in dates by the client.
If the request is made due to any cause preventing them from traveling to Madrid, and after providing evidence to that effect, DFLAT Madrid is committed to find an alternative to recover or use the money in our services.
1.6. - Policy for Cancellation and/or Failure to Appear
The reservation amount is not refundable in case of cancellation.
1.7. - Times for Entry into and Departure from the Apartments
The client is obligated to make known their time of arrival at the apartment at least 7 days in advance. Given the various locations of the accommodations, DFLAT Madrid cannot ensure the presence of their agent upon entry into or departure from the same if notification arrives less than an hour in advance.
DFLAT Madrid establishes their deadline for obligatory departure from the apartment at before 11:00 am, and entry time starting at 3:00 pm.
DFLAT Madrid will only deliver the keys working days between 3:00 pm and 7:00 pm, and will collect them between 10:00 am and 11:00 am. Any entry into or departure from the apartments outside of this timeframe, weekend and bank days, will entail an additional cost which they will have been informed of via email. Under no circumstances will entries or departures be allowed between 11:00 pm and 9:00 am.
1.8. - Payments of rent
The monthly rent must be paid from 1 to 5 of the month.
For contracts that do not start at the first day of the month, the amount paid for booking the flat will be applied to the next month of full rent, with retroactive payment of the amount corresponding to the proportion of the current month in the first five (5) days of the following month at your entrance. Example: if your contract starts on October 15, the amount paid in your reservation will be applied as payment to the rent for the month of November, and in the first five (5) days of November you will pay the rent proportion corresponding to the days from October 15 to 31. The following months you will pay the full rent as agreed in your contract.
1.9. - Lodged Persons
DFLAT Madrid, depending on the type of contract, will offer different prices per person lodged in the apartment, giving authorization solely to the number of persons contracted to the overnight stay at the apartment.
If there is any additional need, the client is obligated to inform DFLAT Madrid about the increase in the number of persons.
If more people stay the night than who are authorized to by DFLAT Madrid, the client will have to pay for an additional individual apartment per each person not authorized and each night.
2. - PRIVACY POLICY
2.1. - Handling of Personal Data
In compliance with the Data Protection General Regulation (EU) 2016/679 of the European Parliament and the Council, on the 27th April 2016, we inform you that the provided personal data will be processed by DFLAT MADRID SERVICIOS DE ALOJAMIENTO SL with VAT number b84031095, addressed in MADRID (MADRID), C.P. 28010, CALLE CARACAS 6, EXTERIOR 1º DCHA., to provide the requested service, and make the billing of it.
The legal basis for the processing of your personal data is the execution of the contracted service. The future offer of products and services will be based on the requested consent, and in the case of the withdrawal of this consent, this would never condition the execution of the contract.
The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to know if DFLAT MADRID SERVICIOS DE ALOJAMIENTO SL is treating your personal data. If so, you have the right to access, rectify, treat, port, opposite and suppress them, as well as to file a claim before the Control Authority by writing to the postal address lopd@dflatmadrid.com, attaching a copy of your ID in both cases.
2.2. - Information on Browsing and Cookies
All webpages belonging to DFLAT Madrid make use of tracking systems such as the use of cookies or plugins such as Google Analytics. DFLAT Madrid intends to track the behaviour of the client on the website in order to improve our services and measure the degree of success in our designs.
Google Analytics, subsidiary of Google Inc., stores this information and makes it available to DFLAT Madrid using its analysis tools. Neither Google nor DFLAT Madrid will share with third parties any private unauthorized information such as names and IP addresses which identify the client, but they do reserve the right to share the knowledge taken from the browsing mode due to the client browsing the website.
For more information on the policy of Google Inc. in this regard, take a look at their privacy policy (http://www.google.com/intl/es_ALL/policies/privacy/)
Given the need of DFLAT to have this knowledge for its operations, continuing to navigate on our portals after the first access screen is deemed to entail acceptance of the data policy described above.
3. - LEGAL
3.1. - Type of Contract
DFLAT Madrid offers its clients only Seasonal Contracts that no satisfy the tenant’s permanent need for housing.
It shall be governed, according to the will of the parties, or if not, according to that stipulated in the Civil Code (arts. 1, 2.1, 3 and 4.3 LAU). In any case, and in accordance with that established in art. 4.1 LAU, it is imperative that the shared stipulations contained in Title IV (deposit and formalization of the rent) and Title V (rental procedures) of the LAU be applied.
3.2. - Invoicing
All of our prices for accommodation and our additional services use the applicable VAT tax (starting June 2014, exempt from VAT for housing contracts, 21% for the rendering of services, 10% for the touristic services).
DFLAT manages apartments of private owners who do not have the knowledge, capability or interest in managing quarterly VAT declarations and, thus, do not allow Company clients or freelance clients who need an invoice and only allow individual tenants. It is the responsibility of the client to make known their invoicing needs prior to making a reservation.
3.3. - Responsibilities
Neither DFLAT Madrid nor the owners of the apartments shall be liable for the damages that may occur during the stay at the apartment, including and without any limitation to personal injuries, death or losses, whether due to fire, theft, flood, or due to the personal action or irresponsibility of the client, unauthorized access of a person into the apartment or the misuse of the items included at the accommodations.
In the case that there is a reservation confirmed and DFLAT Madrid cannot house the client in their chosen apartment, DFLAT Madrid shall solely be liable to provide them lodging in an apartment of similar characteristics or to reimburse the paid amounts in full.
We at DFLAT Madrid strive to describe our apartments with the utmost precision. If any dispute should arise regarding the description of the apartment, DFLAT Madrid shall solely be liable to reimburse the paid amounts, minus the cost of the nights spent therein, if the tenant decides to not stay at that apartment.
3.4. - Conflict Resolution
For any conflict on our services, Spanish legislation shall apply, from the Courts and Tribunals of Madrid (Juzgados y Tribunales de Madrid), or the Court of Arbitration of Madrid (Corte de Arbitraje de Madrid) (Law 60/2003, dated December 23, on Arbitration (Official State Gazette no. 309/12/2003)) (Ley 60/2003, de 23 de diciembre, de Arbitraje (BOE nº 309/12/2003)).
4. - RULES OF CONDUCT
Our apartments are located in residential buildings. We demand that our guests behave appropriately. Do not make too much noise or put on very loud music. If the neighbours complain or have to call the police, they must leave the apartment without the right to compensation nor a return of the amounts paid due to breach of contract. Remember that it is NOT permitted to carry out bothersome or unhealthy activities, throw parties nor have pets without express authorization.
DFLAT takes care of their apartments, which are cleaned before your arrival and after your departure. However, if the apartment is found to be too filthy, we reserve the right to keep the Deposit in the sufficient amount to cover the cost of additional cleaning.
In some cases, usually contracts per months, we include a fee to cover the final cleaning of the apartment or room in order to leave it prepared for the next tenant. From 90€ + VAT.