Terms and general conditions - Boutique Apartment

Welcome to Atalaya sobre la Medialuna!

These terms and conditions outline the rules and regulations for the first class boutique apartment Atalaya sobre la Medialuna, located at Pza. Salesianos 2 in Pamplona, Spain. This is just a summary for fast information purposes and does not complement, replace or supersede the rental contract that will be signed between both parties before each stay.

The identification code of the "apartamento turístico" is UAT01651.

The apartment will be rented only for the means of "temporary accommodation" or "temporary housing" ("alojamiento temporal") for short-term stays, such as for vacations, temporary work assignments, or during transitional periods like relocation. The contracts will be only of the type "contrato de arrendamiento para uso distinto del de vivienda" acc. to the spanish law of Arrendamientos Urbanos (la "LAU") nr. 29/1994 of Nov 24th. It is NOT possible to rent or use the apartment as a "Primary Residence", "Principal Residence" or "Permanent Residence".

The maximum capacity is 7 guests and pets are not allowed.

The usage of an extra wide parking lot on the first basement level is included in the rental agreement. The building also offers a communal bicycle room at ground floor.

In relation to the use of the Property, the following are strictly prohibited: a) Any use other than "temporary accommodation" or "temporary housing". b) The use of the Property for commerce, industry, or as an office or professional practice. c) The undertaking of illegal, illicit, dangerous, and/or unhealthy activities (or potentially dangerous and/or unhealthy) on the Property. d) Subletting, whether in whole or in part. e) Assignment of the Contract, in whole or in part. f) The installation of wheel clamps, barriers, retractable bollards, or any other elements with ground anchors that obstruct access to the parking space. g) Attempting to enter or actually entering the storage room in front of the parking space, as it is not available for the Tenant's use.

In relation to the use of the building's common areas, the following are strictly prohibited: a) Carrying out any work on the common elements, whether for repairs or any other purpose. b) Drilling holes in the gardened surface of the terrace to avoid damaging the automatic irrigation system. c) Installing or placing items on the gardened surface of the terrace that rise more than 1 meter above the roofline. d) Accessing the "Txoko" facilities without the prior written consent of the Owner. e) Accessing the gym facilities without the prior written consent of the Owner.

The gardened surface of the terrace is considered a common element for exclusive use, and its use and enjoyment are subject to the same limitations as the other common areas. The Tenant is obligated and responsible for maintaining it in good condition, including the removal of weeds and undesirable vegetation that may grow there.

The building offer a "Txoko", which is an area for gastronomical private events of up to 20 guests. The access to these facilities is not free, and a reservation is required for use at the specified date and time. Details about the cost and reservation system can be requested from the Owner using the contact form. In case of a reservation, the Tenant will be subject to all obligations and responsibilities described in the usage regulations, particularly concerning the responsibility for replacing any items that are broken, lost, or stolen by them or their guests, cleaning and removing all trash after use. If the Homeowners' Association sanctions the Owner with restrictions or limitations on future access to the Txoko due to the Tenant's failure to comply with the rules, a contractual penalty will be applied.

Access to the gym facilities is free of charge, but a reservation is required for use at the specified date and time to avoid exceeding the maximum capacity of the facilities. Details about the reservation system can be requested from the Owner using the contact form.

Access to the pool is free of charge, but the maximum occupancy, opening and closing days and times, and all obligations and responsibilities described in the usage regulations must be respected.

Clean towels and bed linens are provided for our guests, but no exchange or washing service during the stay.

The rent amount includes the following services and supplies individually metered: electricity, water, heating, satellite TV, and internet, provided that consumption is in accordance with the maximum occupancy specified in clause 1.2 of this Contract, including electric vehicle charging for approximately 50 km of daily driving. The rent also includes the use of the telephone for receiving calls and making calls to landlines and mobile numbers within Spain, but does not include the ability to receive collect calls from any origin.

The Tenant shall be solely responsible for any damages, both physical and material, that may be caused to third parties as a direct or indirect consequence of their use of the Property, thereby releasing the Owner from any liability, including for damages arising from service or supply installations. For clarification purposes, the Tenant shall be responsible for all necessary repairs to maintain and ensure the proper functioning of the appliances and/or furniture in the Property when such damage has been caused by the Tenant or their occupants, whether due to negligent use or wear and tear from regular, diligent use of these items. Consequently, the Tenant acknowledges being aware of the condition of the appliances and/or furniture at the time of the handover of the Property.

The Tenant expressly waives the right of first refusal and any other rights that may apply under Article 31 of the current LAU (Ley de Arrendamientos Urbanos), the application of which the Parties expressly exclude. The Tenant agrees to sign any public or private documents required by the Owner to formally acknowledge the aforementioned waiver of the right of first refusal. Additionally, the Tenant agrees to pay the rent and any other related amounts to the new owner of the Property under the terms agreed upon in the rental contract.

In accordance with the provisions of Article 4, Section 2 of the current LAU (Ley de Arrendamientos Urbanos), the rental contract will be governed by the provisions of Title III of the aforementioned LAU, and subsidiarily, by the provisions of the Civil Code in Spain. Jurisdiction for any disputes related to this Contract shall lie with the courts and tribunals of the location where the Property is situated, that means in Pamplona, Spain.