13. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws :
Conformity of the services with the contract
1. Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case, any of them are not applicable:
a) They conform to the description made by the PROVIDER.
b) Are suitable for the uses to which services of the same type are ordinarily used.
c) They are suitable for any special use required by the USER, when they have made it known to the PROVIDER at the time of the conclusion of the contract, provided that the latter has admitted that the service is suitable for this use.
d) 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 made by the PROVIDER.
e) The PROVIDER describes the details, technical characteristics and photographs of the properties provided by their owners, so that he is not bound by these public statements.
2. 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 for it falls on the PROVIDER or under its responsibility; on the contrary, when the service not performed or provided is due to the negligence or bad practice of the USER, it will not be considered any fault of the PROVIDER and it will be considered in accordance with the terms of the contract.
3. The responsibility for lack of conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in information provided by the USER will not proceed.
Liability of VIAJES TRIANA
The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. VIAJES TRIANA recognizes the USER the right to repair the service, to replace it, to lower the price and to terminate the contract.
Repair and replacement of the hosting service
1. If the hosting 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 communicates the chosen option to the PROVIDER, both parties must abide by. 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 in accordance with the contract.
2. Any form of remediation that imposes on the PROVIDER costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity, will be considered disproportionate. and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
Repair and replacement will conform to the following rules:
– The necessary expenses incurred to correct the lack of conformity of the services will be free for the USER hired.
– They will be carried out in a reasonable 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 and delivery of the property is completed, it is still not in accordance with the contract, the USER may demand the replacement of the same, the reduction of the price or the termination of the contract.
– If the replacement fails to bring the property into compliance with the contract, the USER may demand the repair of the itself, the price reduction or the termination of the contract.
Price reduction and contract termination
The price reduction 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 cases where these have not been carried out within a reasonable period of time or without major inconveniences for the user.
The resolution will not proceed when the lack of conformity is of little importance.
Criteria for the 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 in the reservation.
The USER must inform the PROVIDER of the lack of conformity at the time they have become aware of it or, at most, 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.