TERMS AND CONDITIONS:

Updated on 04.02.2024

Definitions:

Holiday home also known as the Property: the property as stated in the holiday rental agreement.

Owner: (also landlord) the person, private individual or company that represents the owner who makes available the property stated on the reservation form.

Tenant: (also tenant) the person named in the reservation form who makes the reserva-tion, as well as the residents of the holiday home.

Booking: a reservation on the property whereby the owner reserves the property for use by the tenant according to the terms and conditions in this rental agreement.
Deposit: the amount that the tenant has paid to the owner for the reservation of the prop-erty.
Deposit: an amount that the tenant pays to the owner, which serves as insurance against damage and unforeseen costs.

Scope of application:

These general reservation conditions apply to all reservation contracts between tenant and landlord.

1. Booking:

1.1 A booking is made when a tenant contacts the owner of the holiday home, the owner and tenant agree to let the holiday home for the duration at a price (the "rent"), and the tenant pays a deposit. Confirmation of a booking will be provided to the renter once the deposit has been received by the owner.

1.2 When the tenant makes a reservation with the landlord via the internet, in writing, by telephone, by e-mail or in person, it is an agreement that these general booking condi-tions apply.

1.3 Subject to the cancellation provisions of this agreement, once a booking has been confirmed in writing by the Owner, the renter will be liable for the balance of the rental to-gether with any additional costs or fees set out in the Additional Terms.

2. Payment of the rental amount:

The tenant must pay a deposit to the owner to confirm a booking.

2.1 The deposit, 50% of the total rental amount, must be paid on the day of reservation. The deposit must be received by the owner 48 hours after making the reservation. Only then is the reservation final.

2.2 The balance of the rent, the security deposit and any other extra(s) with which the tenant has contracted must be paid 30 days before arrival. The amount must be trans-ferred to the owner's bank account 30 days before arrival.

2.3 If the reservation is made less than 30 days before arrival, the deposit, rental amount and cleaning costs or other extra(s) that the tenant had contracted must be paid in full upon reservation.

2.4 All prices are stated in euros per week or per day.

3. Guarantee:

3.1 The deposit is EUR 750.00 for a rental period of maximum 2 weeks.

3.2 For a longer period, the deposit is an amount that the landlord determines and of which he informs the tenant in writing.

3.3 The deposit will be refunded within 1 month after the tenant's departure, after deduc-tion of additional costs such as electricity consumption. However, the landlord reserves the right to reclaim from the tenant in all possible ways any damage that the tenant caus-es to the holiday home, its contents or the gardens during his stay.

3.4. If the tenant causes damage to the holiday home during his stay, the amount of which, provided proof is higher than the deposit paid, the landlord can request an addi-tional deposit during the stay.

4. Changes and cancellations:

4.1 Any cancellation or change must be made in writing

4.2 The owner may refuse to change a booking once it has been confirmed in writing and any change or transfer of the deposit to another booking is at the sole discretion of the owner.

4.3 The Owner may cancel a booking by written notice if the Renter fails to make any payment under this Agreement when such payment is due.

4.4 If a tenant cancels this agreement more than 30 days before the start of the rental pe-riod, the 50% of the rental sum paid at the time of reservation will be retained by the land-lord. The balance of the rent will not be paid.

4.5 If the tenant cancels this agreement less than 30 days before the start of the term, the rent debt will continue to exist on the part of the tenant.

4.6 The owner can cancel the agreement only for reasons of force majeure. If Owner cancels this agreement at any time prior to the start of the term, Owner will refund Renter any monies paid prior to cancellation.

4.7 In the event of a no-show by the tenant, the total rental amount remains payable by the tenant as cancellation costs.

4.8 In the event that the tenant voluntarily leaves the accommodation, for any reason or circumstance before the end of the contract, the owner is exempt from any form of refund.

4.9 We strongly advise the tenant to take out cancellation insurance for his reservation and stay.

5. Damage and security:

5.1 The tenant is responsible to the owner for all breakage, damage and destruction of property, direct and indirect costs, fines incurred, third party costs incurred and damage caused to the holiday home (including any contents) during the term. The tenant agrees to indemnify the owner against any loss or damage suffered by the owner as a result of the tenant's failure to fulfill its obligations and to immediately, upon first request, reim-burse the owner for all such costs. reimburse.

5.2 In the event of damage and/or loss to the accommodation, due to the fault or negli-gence of the tenant (the person named as tenant in the reservation including the other occupants of the accommodation), the total amount of the damage will be deducted from the deposit. . If the damage and/or losses suffered in the accommodation, or the damage suffered by the owner, exceeds the amount paid as a deposit, the tenant must pay the remainder directly to the owner.

5.3 Breakages, loss and/or damage to the home must be reported to the owner within a maximum of 24 hours and the damage must be compensated.

5.4 If a deposit is held by the owner, this does not limit any liability of the tenant under paragraphs 5.1., 5.2. and 5.3. above.

6. Occupancy of the holiday home:

6.1 The tenant may not allow more people to live in the Holiday Home than the number stated by the landlord in the booking confirmation or in the advertisement on the site.
An occupancy with a larger number of people may lead to termination of the rental con-tract and loss of the deposit. In that case, the payments made will not be returned and the tenant must pay the full rental amount. If the tenant intends to stay in the rented property with more people than permitted, the tenant must request this in writing from the landlord before the start of the rental period. The owner can refuse this or charge an additional fee.

6.2 The tenant is not permitted to smoke in the Holiday Home. Smoking is permitted in the garden provided that the tenant ensures that all associated rubbish is removed at the end of the rental period. If it is determined that there is smoking within the home, the land-lord may charge additional costs for cleaning the home.

6.3 The owner or his representative may enter the property and the holiday home at any time to inspect the property and the holiday home, provided that the owner gives the ten-ant no less than 2 hours' notice. Such notice will be provided by telephone and/or in writ-ing.

6.4 The Holiday Home is available for occupancy from 4:00 PM on the day of arrival and on the day of departure the tenant must vacate the holiday home by 10:00 AM. The arri-val and departure times can be changed in consultation between the landlord and the tenant. If the tenant has not left the property before the departure time of 10:00 am, the owner has the right to charge the tenant compensation for damages. This could at least entail the loss of the deposit.

6.5 The owner must be informed 48 hours in advance of the tenant's desired arrival time, so that the owner can make arrangements regarding the key transfer of the holiday home.

6.6 Subletting not permitted.

6.7 Waste must be deposited in the nearest container upon departure.

6.8 The tenant agrees to occupy the living space in accordance with the applicable gen-eral regulations.

6.9 The owner or his representative has the right to carry out a final inspection. Upon de-parture, the tenant must leave the living space neat and orderly. The elements inside and outside the accommodation, such as furniture, etc., must not be moved from their original location. Then the owner has the right to deduct the amount of € 60 for the costs that must be incurred to rectify the situation. Leaving rubbish in the property will also incur an ex-pense of €60 which will be deducted from your security deposit.

7. Additional facilities available in the holiday home:

7.1 If the landlord or the tenant's guests use additional facilities made available by the landlord, the tenant uses these additional facilities at his own risk.

7.2 The landlord has given an accurate description of the property and its condition to the best of his ability. The tenant understands that it is considered reserved "at sight". The holiday home is cleaned before the tenant moves in. All electrical, plumbing and appli-ances must be in good working order. Failure of certain additional features, such as TVs or internet and Wi-Fi service, does not form the basis for any refund. The landlord will make every effort to have these items repaired, but does not guarantee that they will be repaired during the tenant's occupancy. If the tenant arrives and finds that the house has not been cleaned to normal standards or that facilities are not functioning, the owner must be informed immediately within 24 hours of arriving at the property. He will do his best to get installers to solve the problems, but cannot solve everything during holidays and weekends. Under no circumstances will the rental money be refunded or returned due to the condition of the house. The guest agrees to release the owner from any liabil-ity for the condition of the home.

8. Privacy GDPR (Regulation (EU) 2016/679 of April 27, 2016):

8.1 The information collected by the owner about the tenant is used by the owner to manage the reservation and rental of the property. The renter authorizes the owner to ex-change such information with third parties, including (but not limited to) his representa-tives used for the management of the holiday home, credit and collection agencies and lawyers. The tenant understands that if the tenant fails to make any payment under this agreement, such default may be reported to a credit and/or collection agency. Any infor-mation provided to a credit and/or collection agency may be made available by that agency to other users of that agency's services.

8.2 According to the Spanish rental regulations, the tenant will provide the owner with a copy of the identity card or passport of his and his guests or at least provide the following information: name, date of birth, place of birth, identification document number. These are used for registration with the municipality as required by the Spanish holiday rental law.

9. Use of security cameras:

9.1 The tenant understands and accepts that the holiday home is secured with external security cameras. These cameras are used to protect the holiday home against possible burglaries and theft. There are NO cameras in the house. The cameras are TURNED OFF for privacy reasons during the rental period. The tenant is not permitted to make these cameras dysfunctional or to limit the line of sight of the cameras in any way.

10. Personal Property:

Tenant understands that personal property owned and used by Tenant is not insured by Landlord and Landlord is not responsible for lost, stolen or missing Tenant property or Tenant property left behind after check-out.

11. Keys:

The owner or his representative will provide you with a single copy of the house keys (5 keys). Failure to return or loss of keys will result in a replacement cost if the locks need to be replaced for security reasons. This cost is proven on the basis of the actual costs in-curred by the lessor.

12. Barbecue and Fireplace:

12.1 The barbecue is used by the tenant at his own risk. The owner is not responsible for any accidents caused by the use of the barbecue.

12.2 The barbecue will be emptied of charcoal residues or food upon departure and the grill will be cleaned before departure. If this is not done, an additional cleaning fee of EUR 75.00 will be charged.

12.3 The fireplace is used by the tenant at his own risk. The fireplace is maintained once a year by the landlord through a professional company. The owner is not responsible for any accidents caused by the use of the fireplace. This must be emptied of ash residues before departure and the window of the fireplace cassette must be cleaned. If this is not done, an additional cleaning fee of EUR 75.00 will be charged.

13. Towels:

13.1 Towels are provided upon arrival. This means 1 large and 2 small towels per per-son.

13.2 Towels may only be used at the holiday home. They may not be taken to the beach or outside the holiday home grounds.

13.3 In case of loss of towels, a fee of EUR 10 for the small towel, EUR 15 for the large towel will be charged.

14. No Parties:

14.1 The holiday home is not a party house. The tenant must be 21 years old to book this holiday home. All special occasions such as all types of parties, weddings, receptions, family reunions or increases in the number of residents (guests not registered on the reg-istration form) are not allowed at any time. Adults cannot rent property on behalf of minor guests, no exceptions will be allowed.

15. No pets allowed:

15.1 If you bring a pet(s), this rental agreement will be immediately forfeited, canceled and deposits will be retained and a deep cleaning fee and additional pool cleaning fees will be charged.

16. Swimming Pool:

16.1 Swimming pool maintenance is carried out once or twice a week (in high season).

16.2 In the event that the pool is dirty or you notice any problems, you must contact the owner immediately within 24 hours so that he can take the necessary measures.

16.3 Any form of manipulation by the tenant of the swimming pool, the lighting in the swimming pool or the functioning of the pumps may incur costs for the tenant.

16.4 It is mandatory to shower before entering the pool to remove any types of cream or oil. Swimming pools can turn green due to too much of these types of products and can become unusable for up to 3 days, this is the responsibility of the tenant. Additional cleaning costs will be charged based on the performance of the person responsible for pool maintenance.

16.5 Guests must always grant access to the house to authorized personnel of the owner so that they can carry out maintenance of the swimming pool and gardens and rectify any faults or carry out repairs at their discretion. Such interventions are always communicated to the tenant by the landlord prior to the intervention.

17. Wi-Fi:

17.1 The Wi-Fi is for normal data use.

17.2 The Wi-Fi service is a remote service, so the owner is not responsible for any inci-dent, interruption or failure of the line.

17.3 The Wi-Fi router is located in a closed and locked container to prevent tampering. Renter will not attempt to open, damage or otherwise manipulate this container. Costs for damage to this container or to the router or its installation will be deducted from the de-posit.

18. Maximum occupancy:

18.1 The maximum occupancy is 8 persons, including children or 9 provided that at least one of the guests is under 1 year of age. There are only beds for 8 people.

18.2 If the maximum occupancy is exceeded without prior written permission from the landlord, this rental agreement will be immediately forfeited, terminated and the deposits will be withheld.

19. Assumption of risk - child protection:

19.1 There is no lifeguard present. Accordingly, persons using the pool do so at their own risk and the owner assumes no responsibility for accidents or injuries. No one should swim alone.

19.2 The tenant will indemnify the landlord against all bodily injury and/or material dam-age incurred to the property as a result of negligent actions or omissions by the tenant. See disclaimer below.

19.3 The tenant understands that no special efforts have been made to make this home "childproof", and accepts the risk or harm to any children we allow on the premises. These risks are not limited to but include access to the swimming pool, adjacent street, cleaning supplies in the home and plants in the home, garden and on the street, which can be poisonous if ingested.

20. Disclaimer:

The renter understands that the owner is not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that the renter is responsible for exercising caution if surfaces are wet or slippery due to weather or the use of hoses to rinse areas, or the use of the pool in general and beyond, that the owner is not responsible for any personal injury or loss or damage to the tenant, caused directly or indirectly by bad weather conditions, natural disasters, loss of heat , accidents related to fire, heaters, fail-ure to take appropriate precautions near wet areas or unforeseen circumstances by the tenant.
The tenant or his guests will under no circumstances hold the owner of the holiday home liable for any damage or claims of any kind arising from their stay, except for intentional acts.

Accidents and thefts: When making a reservation, the guest assumes full responsibility for everything regarding his personal safety and that of his belongings. Neither the owner nor the owner's representatives are responsible for any damage, injury, illness, death, property damage or theft that the guest or their companions may suffer during their stay.

21. Rental properties:

21.1 The owner and the tenant agree that the term is a short-term rental agreement and that the term will not exceed 120 days and that this Agreement is not subject to the Rental Properties Rules.

21.2 The holiday home may not be used by the tenant for business purposes.

21.3 At the end of the rental period, the tenant agrees to return the keys to the owner or his representative.

22. Registration of electricity consumption:

The cost of electricity consumption for the tenant, is determined by the specific terms of the contract. Consumption is registered by an electricity meter in the kitchen of the holiday home. The meter reading is determined upon the tenant's arrival and departure. This will be recorded by the Owner or his representative. The tenant is advised to take a photo of the KWH electricity meter upon arrival and send it to the owner. Upon departure of the tenant, the landlord or his representative will register the KWH on the electricity meter signed by the tenant.

23. Garden:

23.1 The tenant undertakes to respect the integrity of the garden and all plants in it. Un-der no circumstances can plants be cut, removed or damaged.

23.2 The garden is equipped with an automatic irrigation system. Under no circumstanc-es will the tenant or anyone in his group disrupt, modify or manipulate this installation in any way.

24. Sun protection:

The house is equipped with an extendable sun blind at the front of the house. This sun-shade must not be extended in rain or wind to prevent damage. Wind sensors ensure that the sun blinds automatically retract in strong winds. The tenant must always leave the sun blinds closed when leaving the home so that they cannot be exposed to rain dur-ing his or her absence. Under no circumstances should the sun blinds be manipulated manually.

25. Jurisdiction:

25.1 Should a dispute arise between the owner and the tenant that cannot be resolved by consultation between the parties, the matter will be dealt with by the jurisdiction of the Spanish laws applicable in Moraira.

25.2 If any legal action or proceeding (including default, non-payment, etc.) arising out of or in connection with this Rental Agreement is brought by any party to this Rental Agree-ment, the prevailing party shall be entitled to other party to receive, in addition to any oth-er relief that may be awarded, the reasonable attorneys' fees, costs and expenses in-curred in the action or proceeding by the prevailing party.

25.3 Whatever is not provided for in this contract, the provisions of the Civil Code and Decree 92/2009 of July 3 of the Consell de la Generalitat Valenciana, which approves the regulatory regulations of tourist properties, apply. within the territorial scope of the Va-lencian Community and additional standards.