Holiday home rental Spain
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Terms and Conditions
Holiday Rentals Information
Booking Terms and Conditions
Definitions
Accommodation:
The accommodation described in the booking and reservation form.
Accommodation Provider:
The actual provider of the reserved accommodation, who is also responsible on-site for services such as key collection, cleaning, maintenance, and receiving payments that the tenant must make on-site according to the booking.
Booking Agent:
The lessor himself, any intermediary, or another independent organization that handles the administrative processing of the booking for the lessor and receives payments.
Tenant:
The person mentioned in the booking and reservation form who makes the booking.
Rental Price:
The total rental amount as stated in the booking and reservation form.
Booking:
The reservation of a holiday accommodation as described in the booking and reservation form.
Booking and Reservation Form:
The contract between the tenant and the lessor.
Lessor:
The person (owner) or company mentioned in the booking and reservation form that provides the booking and acts as the representative of the owner.
Applicability
These general booking conditions apply to all booking agreements between tenant and lessor.
Formation of Booking Agreement
As soon as the tenant places a booking, whether online, in writing, by phone, email, or in person with the lessor or a booking agent, an agreement is established to which these general booking conditions apply.
Changes
Changes to the booking agreement and deviations from these general booking conditions are only valid if agreed upon in writing between the lessor or the booking agent and the tenant. If changes result in an increase or decrease in costs, a corresponding adjustment in the rental price must be agreed upon in writing between the parties.
Payment Terms
A booking can be made online, in writing, by phone, email, or in person with a booking agent. The agreed-upon deposit, as indicated on the booking and reservation form, must be received by the booking agent within three working days of the booking. Failure to pay on time may result in the cancellation of the booking. The remaining amount must be received by the booking agent no later than the date indicated on the booking and reservation form. If the tenant fails to make the payment, the booking agent is entitled to cancel the booking without refunding any payments made. If the booking is made within four weeks before the rental period, the rental amount and any security deposit must be paid in full at the time of booking. Deposits are only refunded if the booking is canceled due to a cause attributable to the lessor or booking agent.
Price
Prices are listed per accommodation and per month, week, or day. The lessor reserves the right to adjust the travel sum if changes in applicable fees, exchange rates, and taxes warrant it. Increases in these costs will be passed on net, without surcharge. Misprints in the price list or website publications are reserved. If this increase occurs within three months of receiving the booking and reservation form, the tenant has the right to cancel the agreement. The tenant will then receive a refund of the amount already paid.
Dissolution
The agreement will be dissolved (the booking canceled) if the tenant does not comply with the provisions of section 5. The deposit will then be forfeited to cover costs and damages incurred, including lost profits.
Cancellation
The tenant may cancel the rental agreement in writing up to 60 days before the start of the rental period. In the event of cancellation by the tenant, the deposit will remain with the booking agent. If the cancellation occurs within the 60-day period preceding the rental period, the tenant will be liable for the full rental amount to the lessor.
Insurance
The rental price does not include insurance unless explicitly stated that the rental price includes insurance and the type of insurance is specified.
Lessor's Liability
The accommodation provider, booking agent, or lessor is not responsible for (value) loss and/or damage to the tenant's and their cohabitants' property caused by misuse of the rented property. If the tenant suffers damage due to defects in the rented property, the lessor's liability is limited to the paid rental price. For damage resulting from the lessor's non-performance, the legal compensation applies. The lessor is not liable for any other damages.
Age Restriction
Persons under 30 years of age, whose cohabitants of the rented accommodation are also under 30 years of age, are not permitted to book online without prior permission from the booking office. Non-compliance with this rule may result in the cancellation of the booking.
Tenant's Liability
The tenant who books accommodation for (also) other occupants is jointly and severally liable for the total rental price and any damage caused by their own actions and those of all others staying with them in the rented accommodation. A booking is valid for the number of people stated on the booking and reservation form. It is not permitted to occupy the accommodation with more persons than indicated; occupancy with a larger number may result in the dissolution of the rental agreement and loss of the security deposit. Payments made will not be refunded in such a case, and the tenant remains liable for the entire rental amount. If the tenant intends to accommodate more than the permitted number of people in the rented accommodation, they must submit a written request to the booking agent before the rental period. The accommodation provider has the right to refuse this request or to charge an additional fee for it. The tenant is obliged to occupy the accommodation according to generally accepted standards.
Security Deposit
Please note that accommodation providers may request a security deposit, depending on the type of accommodation and destination. This security deposit will be collected at the time of booking or on the day of arrival, depending on your booking agent and/or the accommodation. To allow the accommodation provider to thoroughly inspect the accommodation, the security deposit will be refunded no later than 8 days after the end of the rental period. In case of damage and/or loss to the rented property and/or the tenant's fault, the total damage will be deducted from the security deposit. If the damage and/or loss to the rented property, or damage suffered by the owner and/or accommodation provider, exceeds the paid security deposit, the tenant is obliged to pay the remaining amount directly to the accommodation provider. Cases of breakage, loss, and/or damage to the rented property must be reported immediately to the accommodation provider, and the damage must be compensated.
Duration of Stay, Arrival, and Departure
The usual arrival and departure day may vary by location. Outside the high season, it is generally possible to choose any day of the week as the arrival or departure day. For a rental period of less than a week, a daily surcharge is usually applied. For more information, you can contact your booking agent or make a calculation via the website.
At holiday destinations, you are usually expected between 16:00 and 18:00. If you expect to arrive after 18:00, you must inform the key address. In case you arrive after the indicated arrival time, the accommodation provider is entitled to charge you any extra costs incurred. On the day of departure, you must vacate your accommodation by 09:30 AM at the latest. Failure to do so gives the accommodation provider and lessor the right to charge you a penalty. Loss of your security deposit may result from this. Upon departure, the tenant must leave the accommodation in a reasonable state, meaning broom-clean. Items in and around the accommodation must be returned to their original places (as they were upon arrival). Dishes must be washed and put away in their designated place. The accommodation provider is entitled to conduct a final inspection. If the accommodation provider finds that several items have not been returned to their original place or if the accommodation has not been left broom-clean, they are entitled to charge the tenant extra costs.
Documents
Your booking agent will provide the necessary general information about the rented accommodation and surroundings prior to or at the time of booking.
Modification or Termination
The lessor has the right to modify or terminate the agreed services on one or more essential points due to compelling circumstances. Compelling circumstances are circumstances of such a nature that further adherence to the agreement cannot reasonably be demanded. In case of force majeure, war, strikes, and natural disasters, the accommodation provider may cancel the booking. In such a case, the booking agent is obliged to refund the amounts already paid. To maintain quality, the accommodation provider reserves the right to replace the rented accommodation with a comparable one.
Complaints
If you discover an error or deficiency at the destination, you are expected to report it to the accommodation provider or the local agency/booking agent. This can prevent further inconvenience. If you have serious complaints on-site, you must immediately inform the accommodation provider. This way, the accommodation provider can resolve the complaint more quickly. If your complaint is not satisfactorily resolved on-site, it must be submitted in writing and substantiated to the booking agent within 2 weeks after leaving the accommodation, failing which the complaint will no longer be accepted. If you occupy another accommodation without consulting the booking agent or leave the rented accommodation early, you forfeit all rights to a refund.
Cleaning Costs
The website and the price list indicate whether the cleaning costs of the accommodation are included. If not, the relevant costs are listed. These will be settled together with the rental amount on the booking and reservation form. In general, these costs are settled on the day of arrival at the key address.
Bed and Bath Linen
In general, bed and bath linen are included in the rental amount. To ensure this, you can view the details of each accommodation on the website. It may be necessary to exchange linens yourself at the reception or key address every week of your stay.
Extra Facilities
In many cases, an extra bed, cot, high chair, playpen, etc., can be requested if specified at the time of booking.
Pets
Most homeowners do not allow pets. Pets are only allowed in or around the accommodation with the explicit permission of the accommodation provider and noted on the booking confirmation. The accommodation provider may charge you an increased mandatory final cleaning fee for this.
Parties and Events
It is forbidden to hold parties or events in the rented accommodation without the explicit written permission of the lessor. Parties and events are defined as any gathering where the number of attendees exceeds twice the maximum number of people allowed to stay in the rented property according to the rental agreement.
Music and Noise
It is not allowed to make or play music or sounds that can be heard outside the boundaries of the rental accommodation. If permission is granted for a party or event, music may be played or performed within the framework of the applicable legal regulations. The tenant is obliged to inform neighbors, who may be affected by noise, in advance of the upcoming event or party.
Construction Activities
The accommodations for rent are generally private properties owned by individual owners and are usually located in spacious neighborhoods. The accommodations are generally not located in holiday parks, which means that unexpected construction activities may occur in the vicinity of your rented accommodation. These activities may be carried out by homeowners, contractors, and/or government institutions, with whom we have no relationship and over whom we have no influence. Therefore, the accommodation provider, booking agent, and lessor are excluded from any liability for inconvenience caused by construction activities not carried out by the accommodation provider.
Satellite TV and Cable TV
If a satellite or cable TV is mentioned in the description, it does not automatically mean that programs from your home country can be received. The mostly foreign owners have decoders that are not always suitable for receiving all international programs.
Water, Electricity, and Internet
In some holiday countries, disruptions to water, electricity supplies, and internet connections are common. Municipal and/or regional authorities and/or companies may decide to temporarily shut down and/or restrict distribution due to various causes and/or failures. Neither your accommodation provider nor the lessor can be held liable for any damage and inconvenience suffered.
Energy Consumption
In certain seasons, a weekly surcharge may be imposed on accommodations with heating and/or air conditioning. For more specific information and amounts, you can check the accommodation details on the website or contact your booking agent.
Use of Water, Electricity, and Gas
The normal consumption of water, electricity, and gas, depending on the rented property, is usually included in the rental price. In some cases, the consumption of heating and air conditioning may incur an additional cost. The possible costs for water, electricity, and gas are stated on the booking form. If extreme consumption is found during your stay, it may be charged separately upon departure. For winter bookings and/or bookings of more than 28 days, the costs for water, electricity, and gas are generally not included in the rental price and are charged separately.
Electric Vehicles
It is strictly forbidden to charge electric and/or hybrid vehicles via the electrical network of the rented property without the written permission of the lessor, even if specific infrastructure for charging vehicles is present.
Garden and Pool
In holiday homes with gardens and/or private pools, regular maintenance is required. Typically, this is one to two times per week for pools and once a week for gardens. As a guest, you are obliged to give maintenance personnel full access when necessary.
Garden and Pool Installations
It is strictly forbidden for guests to operate the pump and filter system of the pool and, if present, the automatic irrigation system of the garden.
Forum and Jurisdiction
In deviation from the statutory rules regarding the jurisdiction of the civil court, any dispute between the supplier and the client or customer will be settled by the competent court of the country and region where the lessor is established. The tenant has the right to choose settlement of the dispute by the civil court competent according to law or international treaty within one month after the lessor has invoked this provision in writing. The address provided by the tenant may be deemed correct by the lessor unless otherwise notified. Any agreement between lessor and tenant is subject to international law.
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