Terms and conditions

These terms and conditions apply to all contracts for the rental of apartments for accommodation concluded between JAR MADRID ESTATES and third parties (guests), as well as any other services and deliveries offered by Oxygen Apartments (accommodation contract).

1.BOOKINGS

1. The guest offers to enter into an accommodation contract by making a reservation. Oxygen Apartments will give the guest a reservation confirmation if the booked unit is available. By accepting the guest’s reservation, Oxygen Apartments and the guest enter into an accommodation contract.

2. Oxygen flats’ offers on available apartments are subject to change and are not binding. Oxygen Apartments may refuse to enter into an accommodation contract at its sole discretion.

3.  Oxygen Apartments has the right to impose industry-standard conditions, such as minimum stays, booking guarantees, or down payments for specific days.

2. CANCELLATION POLICY

 When the booking payment is received, a guaranteed reservation is created. If the cancellation requirements are met and the reservation number is provided, a guaranteed reservation can be canceled free of charge by the guest. Cancellation is no longer permissible when the cancellation periods have ended, and Oxygen Apartments reserves the right to the agreed-upon remuneration minus any expenses saved. The same is true if the guest fails to appear (No Show). If a person fails to show up for a guaranteed reservation of several days, all consecutive nights, including the second night, are forfeited, and the guest has no claim to the remaining nights.

3. Pricing

1. The prices displayed by Oxygen Apartments at the time of contract conclusion apply. All statutory taxes, fees, and charges are included in the applicable prices. Local taxes owed by the guest according to local law, such as visitor’s tax, are not included and will be paid separately.

2. Oxygen Apartments maintains the right to amend pricing in the event of changes in tax, fee, and duty rates, as well as the effective levying of additional taxes, fees, and duties unknown to the parties. This only applies to contracts with consumers if the time between contract conclusion (booking confirmation) and contract adjustment exceeds four months.

4. TERMS OF PAYMENT & BILLING

1. The guest must always pay the full cost of the contracted accommodation services in advance.

2. A set-off by the visitor is disregarded unless it relates to an uncontested or legally admissible claim.

3. Cash payments are not accepted.

4. Oxygen Apartments reserves the right to deduct the outstanding amounts from the deposited form of payment for expenses later incurred as a result of the usage of extra services or violations of the general terms and conditions.

5. The guest acknowledges that an invoice will always be made available as a download or, more commonly, by email. Due to home office policies and organizational considerations, the delivery time may be increased if the visitor requests to receive the invoice by mail. For the aforementioned reasons, Oxygen Apartments also reserves the right to comply with requests for a business stamp or signature on the invoice.

5. LIABILITY OF OXYGEN APARTMENTS

1. Oxygen Apartments is responsible for all damages resulting from harm to human life, physical integrity, or health. In addition, Oxygen Apartments is responsible for any further losses that result from a willful or flagrantly negligent breach of its obligations. If an obligation that is the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a guest can regularly rely (cardinal obligation)  is breached, Oxygen Apartments’ liability for simple negligence is limited to the contract-typical foreseeable damage. A violation of duty by Oxygen Apartments is equivalent to a breach by any of its representatives, or proxies. Unless otherwise specified in these terms and conditions, any further damages claims are excluded.
2. Oxygen Apartments will make every effort to fix any problems with its services as soon as it learns about them or after receiving a prompt notification from the visitor. The visitor is required to contribute in a reasonable way to end the disruption and minimize any potential damage. Additionally, the guest must notify Oxygen Apartments in advance if there is a chance that the damage could be especially high
3. . In accordance with the law, Oxygen Apartments is responsible for items that are brought in. If the guest does not notify Oxygen Apartments right away after learning of the loss, destruction, or damage to the item brought in, the claim will expire. A separate written agreement with Oxygen Apartments is required if the guest intends to bring money, securities, or other valuables into the unit that are worth more than EUR 800.00 or EUR 3,500.00.
4.  One year after the official start of the limitation period, all claims made against Oxygen Apartments are theoretically barred. This does not apply to claims for damages or other claims deriving from harm to life, body, or health and/or owing to Oxygen Apartments’ wilful or grossly negligent violation of duty, as well as when a cardinal responsibility has been broken.
5. Oxygen Apartments disclaims any responsibility for the misplaced property. The liability resulting from willful or flagrantly negligent breaches of duty by Oxygen Apartments is excluded from this. The return of lost property might incur the cost of processing.

• SECURITY DEPOSIT

1. Prior to taking possession of the unit, the guest makes the following payments to Oxygen Apartments in order to secure all claims made by them against them under the rental agreement.
   1.  A security of EUR 200.00 in the case of a transfer period of less than three months;
      1. A security equal to one month’s premium in the case of a transfer period of three to six months.
   1. If the agreed-upon transfer time is less than three months, the lodging establishment may do a pre-authorization on the visitor’s credit card to cover the security deposit. The guest has no right to the apartment’s handover if the security deposit is not given by the time it is delivered. If Oxygen Apartments has still assigned the unit to the guest, Oxygen Apartments may terminate the rental agreement without prior notice if the deposit is not paid within a reasonable grace period that will be determined by the lodging provider.
   1. Within a month after the conclusion of the rental agreement, Oxygen Apartments must pay the security deposit.

7. CUSTOMER DATA

1.  Oxygen Apartments requires the email address and phone number of the guest in order to communicate with them. Oxygen Apartments reserves the right to seek the following legitimate identification documents (for domestic visitors, an identity card or passport; for foreign guests, a passport) and valid credit card data at check-in digitally in order to verify the guest’s identity.
2.  If the identity of a guest cannot be established beyond a reasonable doubt due to missing or faulty documentation, Oxygen Apartments reserves the right to cancel the booking.
3. To eliminate incorrect bookings, Oxygen Apartments employs software solutions that employ the required data (email address, residential address, phone number, credit card number, etc.) to identify invalid bookings. If that is detected Oxygen Apartments reserves the right to cancel the reservation.

8. TERMINATION OF THE ACCOMMODATION CONTRACT

1. Oxygen Apartments may terminate the accommodation contract for good reason. A good cause exists in particular if (i) force majeure or other circumstances beyond Oxygen Apartments’ control make contract fulfillment impossible, (ii) apartments are culpably booked with misleading or false information or concealment of material facts, or (iii) Oxygen Apartments has good reason to believe that use of the service may jeopardize the smooth operation of the business, the security, or the public image of Oxygen Apartments and its locations, w (iv) the goal or reason for the stay is illegal; or (v) resale/rental and/or redirection.
2. Oxygen Apartments must immediately notify the guest of the exercise of the cancellation right.

• The guest is not entitled to compensation if the accommodation facility is justifiedly terminated.

9. HOUSE RULES & RESTRICTIONS

1. The Oxygen Apartments are non-smoking. As a result, smoking is prohibited in the general rooms, as well as in the guest apartments and balcony and/or terrace areas. In the event of an infringement, Oxygen Apartments reserves the right to charge the guest €150 as compensation for the cleaning costs that must be paid separately, as well as any loss of turnover from an apartment rental that is not possible as a result. If Oxygen Apartments can demonstrate greater damages, the amount of compensation will be increased.
2. It is prohibited to tamper with or restrict fire exits, fire extinguishers, or fire alarms. Violations will result in a fine of €150.
3. No parties are permitted in the Oxygen. In the event of an infringement, Oxygen Apartments reserves the right to charge the guest €300 as compensation for the cleaning costs that must be paid separately, as well as any loss of turnover from an apartment rental that is not possible as a result. If Oxygen Apartments can demonstrate greater damages, the amount of compensation will be increased.
4. You are not permitted to bring a pet. Canines for the blind, and deaf, and other comparable service canines are exceptions. These can be carried out at no cost and at any time upon presentation of proof.
5. Unless otherwise indicated, the keys and, if applicable, the code cards given must be returned to Oxygen Apartments or a third party approved by the accommodation provider on the scheduled departure date, or, if specified, left in the apartment. A disseminated key or distributed key card that is lost or not returned at check-out will result in a 40,00 Euro punishment. Oxygen Apartments is still authorized to request payment from the visitor to cover any additional expenses if the damages exceed 40.00 EUR. If replacing the damaged locking mechanism is necessary for security, this cost is also included.
6. It is not permitted to resell, rent, or acquire more flats after booking them. Particularly, it is not allowed to charge third parties more to sublet flats and/or apartment contingents than the actual apartment rates. The claim against Oxygen Apartments may not be sold or assigned, either. In certain situations, Oxygen Apartments has the right to cancel the reservation, particularly if the guest misrepresented the nature of the reservation or the method of payment to the third party at the time of the cession/sale. 2
7. It is expressly forbidden for guests to utilize the unit for any purpose other than lodging, notably for business purposes.

10. MAINTENANCE, Damage and/or theft

1. The guest agrees to treat the apartment, furnishings, rooms, facilities, and equipment designed for common use with care, as well as to maintain proper ventilation and heating.
2. In addition, the guest agrees to inspect the equipment for completeness and appropriateness for use before moving into the unit and to notify the accommodation provider of any concerns immediately.
3. The guest is liable for all damages to the apartment, furnishings, rooms, facilities, and equipment designed for common use that he or she or their visitors have culpably caused by use contrary to the contract and that is not due to normal wear and tear. Any damage to the flat must be reported promptly to Oxygen Apartments.
4. In the event of damage beyond regular wear and tear or theft, Oxygen Apartments reserves the right to bill the guest for both the damage and any additional costs necessary to fix the situation, including any lost income from the apartment’s inability to be rented as a result.

11. USAGE OF THE INTERNET

1. Oxygen Apartments gives Internet connection to guests within the limits of available technical and operational capabilities. Malfunctions, such as those caused by force majeure, maintenance measures, or other factors, cannot be ruled out.
2. 2. The guest is not permitted to abuse the Internet connection. Download and distribution of copyrighted content via peer-to-peer sharing systems, unlawful streaming offers, and publishing, retrieval, or transmission of criminally related content are examples of improper use. The guest is required to respect third-party copyrights, patent rights, name rights, trademark rights, and personal rights.
3. The guest is not permitted to disclose the internet connection access data to third parties. In the event of a violation, the guest is responsible to Oxygen Apartments for any and all losses resulting from the transfer of access data. 3. In the event of a legal infraction, Oxygen Apartments reserves the right to disable the guest’s Internet connection.

12. Privacy policy

The data protection regulations can be viewed at: https://oxygenappartements.com/privacy-policy/

13. Final guidelines

1. All changes and additions, as well as cancellation of the accommodation contract, acceptance of the application, or these General Terms and Conditions, must be in writing. This likewise holds true for the termination of this written form clause. The guest’s unilateral alterations or additions are not valid.

2. The registered office of the accommodation facility serves as the place of performance and payment.

 3. Spanish law is applicable. The applicability of UN sales law and conflicts of legislation is expressly prohibited.

4. If any of these General Terms and Conditions are or become invalid or void, the validity of the remaining terms is unaffected. In all other ways, the legislative provisions apply.

5. The lodging establishment is neither willing nor required to participate in dispute resolution proceedings before a consumer arbitration board.