Terms and Conditions

Mark and Andreas Apartments Terms and Conditions

This business is fully registered with the Registered authorities for the purpose of accounting and IVA / Tax.

The Operator of this business is Mark Goshawk with the NIE: Y3855666Y

The Registered address is

Avenida Tortuga Boba.
Bahia de Vera A3-09,
Vera Playa,
04621,
Almeria,
Espania.

Our Correspondence Email address is accounts@mark-and-andreas-apartments.es

The official Registered NIE/NIF number will be visible on all documentation, contracts, Invoicing used by us.

The NIE/NIF Number of Mark Goshawk will form part of the contract between MA Apts and the purchasing Client/s for the purchase of managed products and services.

  1. Terms and Conditions used within this document: the words “you” and “your”, “Owner/s” “Client” refers to the person/s receiving goods or services from us.
  2. The terms “We” “our” “us” “MA Apts” refer to Mark and Andreas Apartments.
  3. The term In Writing, refers to Email notifications from either us or the client.
  4. By placing an order for goods or services with us, you have read and agreed to these terms and conditions.
  5. Any matters arising from these terms and conditions are subject to Spanish law.

Section 1, The legal requirements

  1. The property to be managed must be owned in its entirety by the person/s requesting services.
  2. The property must be in a full available position to be rented out legally for term rentals and/or vacation Rentals.
  3. For Vacation Rentals, A Rental Tourist Licence must be made available to legally enable vacation rentals.
  4. Products or services are purchased through our website, you will be contacted within 72 hours to arrange implementing your purchased services.
  5. Once we have confirmed your purchase of services in writing, Your order will be non-refundable after 72 hours.

Section 2, Our Purchase Terms:

  1. Our managed products are available as individual products, or as a discounted complete package as described on our website.
  2. All payments are annual.
  3. Any Invoice that maybe supplied for any managed products, may be paid for by clicking the pay now link through Stripe Payments on the Invoice that’s sent to you Via your E-Mail or by bank transfer as preferred.
  4. Failure to complete this payment will deem your/any purchase with us as null and void.
  5. All/any Services purchased, will only be implemented upon your full payment received by us.
  6. You will only and always pay what has been Invoiced to you by us in writing at the time of placing your order.
  7. This includes all and any taxes at 21% IVA, by the Spanish authorities.
  8. We without prejudice, reserve the right to vary our advertised future prices at any time without notice; on all our points of sale 

Section 3, Administration of Managed Products:

  1. You Must sign a letter of Authority for MA Apts to act on your behalf for your Registered owned property (Term Rentals and Vacation Rentals)
  2. MA Apts will act as your principal agent at all times to administer and control the products you have contracted to, and with your full authorisation.
  3. MA Apts will act as the direct agent for any client contracted to an advertised property on behalf of the owner.
  4. All Contracted product descriptions purchased are defined clearly, and will be conducted as per the product description.
  5. All other jointly agreed requirements directly expressed by you will be itemised and implemented to your instruction. (Where available)
  6. Advertising of your property is principally on our Spanish Website Mark and Andreas Apartments ES and will be listed with photographs and descriptions in a manner to successfully promote it as you have specified/agreed on your order.
  7. If your Home is available for Vacation holiday lets, It will also be promoted through AirBnB Holidays, and our own website
  8. All properties advertised for rental, will have equal listing and no bias shall be shown for any property advertised by us.
  9. Any refunds (If applicable) will be made ONLY by bank Transfer and within 30 days of your notification by us in writing

Section 4, Key Holding:

  1. MA Aps will ensue all keys held (Key holding Services) are secure, and in secure control at all times.
  2. No reproduction or replacements shall be acquired without explicit consent in writing.
  3. Keys shall only be released to a pre approved rental client only, and approved contractors by agreement.

Section 5, Repairs and Services:

  1. If MA Apts conduct any Repairs or services for and on behalf of the Owner, to enable or continue to make enabled a rental facility, these actions shall be notified in writing (Where appropriate) before any commencement of notified works.
  2. If any services maybe chargeable to ensure the enabling or continued enabling of the rental facility, these costs will be notified promptly as they occur, and quotations obtained and forwarded for the owner’s approval.
  3. All costs incurred by any approved repairs must be settled t us within 7 days of invoicing at the end of each calendar month.
  4. The Owner/s is expected at all times to ensure the rental property is maintained in a legal and safe state of repairs, as notified by us.
  5. The financial liability of all structural and decorating repairs/upkeep is strictly the owner’s responsibility, unless pre-paid in advance by prior agreement to us.

Section 6, Internal/Eternal furnishings:

  1. All internal furniture and whitegoods/utensils should be replaced or repaired as required and will be at the owner’s explicit expense at all times (unless maliciously damaged by the tenant)
  2. Damage by the tenant either accidental or malicious will be treated on an individual merit, and a full unbiased report and recommendation shall be sent to the owner for a decision.
  3. Normal wear and tear on any internal furnishings or appliance is deemed as acceptable, and owners should take this into account for an upgrading program
  4. All and any funds paid to us for enabling of any repairs on the owners behalf shall be held in a secure bank account and released only upon completion to the owner’s approval.

Section 7, Other Charges

  1.  Any work that falls outside the scope of our managed products (As advertised) will be charged at our standard hourly rate including IVA
  2. Any cash transactions we make on your behalf, will incur an additional Iva Charge as it will go through our accounts.
  3. * (Awaiting imminent Review, and not yet in force.) to comply with Money laundering conditions, all individual monitary transactions out of our Client account to your Spanish/Non Spanish Bank Account will incur a €2,50 inc IVA charge, if your account is not based in Spain, any additional conversion fees will be your responsibility, as we will only transfer any amount owed in Euros.

Section 8, How we handle your Data & Payment Controls:

  1. We will Never sell or supply any data to Non authorised sources, or not related to actions required to secure your business with us.
  2. We comply with the new GDPR EU Regulations from May 24th 2018
  3. Click Here for our Cookie Policy.
  4. For your Security, Our Bank handling facilities, and card payment facilities are handled by Stripe Payment Systems and Cajamar Rural Bank ES.

Section 9, Your Account

We automatically create or update an account when an order is made through our Website system, this comprises of an individual user account number that will stay with you, while ever you retain an account with us, these details can be viewed at any time, and your account should you wish, be deleted permanently. (click here for more information)

Click here to access your Account

Certain Data Items by law, We must retain for a period of 6 Years to comply with financial Authorities regulations, however, should you choose to delete your data details, the minimum legal details to comply with our legal obligations will be retained manually and automatically destroyed after the elapsed 6 year period.

(These terms and conditions are subject to change without notice, please check our website Regularly for the very latest updates.

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Cookies & Privacy Policy

Our Cookies Policy and GDPR Rules for Mark and Andreas Apartments are enabled to safeguard your privacy. Contact us at (accounts@mark-and-andreas-apartments.es) if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.

Table of Contents

  1. Definitions used in this Policy
  2. Data protection principles we follow
  3. What rights do you have regarding your Personal Data
  4. What Personal Data we gather about you
  5. How we use your Personal Data
  6. Who else has access to your Personal Data
  7. How we secure your data
  8. Information about cookies
  9. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject - a natural person whose Personal Data is being Processed.
Child - a natural person under 16 years of age.
We/us (either capitalised or not) –

Data Protection Principles

We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  • Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited with a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of data.
  • We will do our very best to ensure the integrity and confidentiality of all data.

Data Subject's rights

The Data Subject has the following rights:

  1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
  7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather

Information you have provided us with
This might be your e-mail address, name, billing address, home address etc and identification details– mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.

Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your bookings history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.

Publicly available information
We might gather information about you that is publicly available.

How we use your Personal Data

We use your Personal Data in order to:

  • provide our services to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
  • enhance your customer experience;
  • fulfil a legal obligation under Spanish law or contract

We use your Personal Data on legitimate grounds and/or with your Consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • to identify you;
  • to provide you a service or to sell you a product;
  • to communicate either for sales or invoicing;

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • to send you personalised offers by E-Mail.
  • to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided.
  • to conduct questionnaires/Reviews concerning client satisfaction.
  • to communicate with you via occasional Newsletters.
  • To request Client Reviews

As long as you have not informed us otherwise, we may consider offering you products/services that are similar or same to your purchasing history/browsing behaviour to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

  • Payment Via Stripe Payment Systems
  • Payment Via Cajamar Rural Redsys Payment systems.
  • Liaison between ourselves and yourselves.
  • to send you newsletters and campaign offers (from us).
  • Maintaining and legally securing Professional Services with us
  • CR (Customer Reviews) Our Independent Survey Company

We Process your Personal Data in order to fulfil obligation rising from European and Spanish law and/or use your Personal Data for options provided by the aforementioned law's. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than 365 days

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • the link between purposes, context and nature of Personal Data is suitable for further Processing;
  • the further Processing would not harm your interests and
  • there would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners:

  • Stripe Payment Processing
  • Redsys Payment Gateway (Cajamar Bank)

Connected third parties:

  • Cajamar Rural Bank (Vera Branch)
  • Stripe Payment Handling Services
  • CR (Customer Reviews)
  • Mailchimp Mail services

We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

How we secure your data

We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.

Once an order is processed, all details are removed and transferred to an offline secure data server which is totally encrypted.

our Site is monitored for suspicious activity 24/7 by specialist security software to help safeguard your data

Even though we try our best, we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you hold an account with us, Please note that you have to keep your username and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users' movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don't collect any personal information.
  • Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don't have to re-enter this information next time when commenting.
  • Analytics cookies - these cookies are used to track the use and performance of our website and services
  • Advertising cookies - these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you'd like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Contact Information

accounts@mark-and-andreas-apartments.es

Changes to this Privacy Policy

We reserve the right to make change to this Privacy Policy.
Last modification was made 24th February 2023


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