TERMS AND CONDITIONS, JANUARY 2020, V1.5
- The general terms and conditions: this document containing the rules for the rental of a holiday home.
- The landlord: the owner of the holiday home.
- The holiday home: the property where the tenant will stay during the rental period.
- The tenant: the person who rents the holiday home from the landlord.
- The co-tenant(s): the person(s) who are part of the tenant's company.
- The agent: the intermediary who represents the landlord, and helps to establish the lease between landlord and tenant.
- The rental period: the period between the date of arrival and the date of departure, both days included.
- The rental contract: a document that describes the rental agreement between the landlord and tenant.
- Additional costs: costs for the rental of a linen package (sheets, blankets, pillowcases, towels and kitchen linen) and the final cleaning.
- The deposit: an amount of money paid by the tenant to the landlord and held in deposit until the end of the rental period, after which this amount of money will be refunded by the landlord to the tenant after deduction of any damages and/or costs.
- The total price: the total amount payable by the tenant to the lessor for a stay in the holiday home during the rental period, consisting of the sum of the rent, the additional costs and the deposit.
- The down payment: the amount paid by the tenant when entering into the rental agreement (expressed as a percentage of the total price).
2. RESERVATION OF THE RENTAL PERIOD
- The tenant can make reservations by telephone or via the internet. Each reservation will be confirmed by the agent by e-mail with a booking confirmation. If the tenant does not receive this confirmation within 3 days after booking, the tenant must contact the agent.
- The booking confirmation sent by the agent contains all relevant information for the stay in the booked holiday home. In the interest of a proper booking and to avoid misunderstandings, the tenant undertakes to immediately check the accuracy and completeness of the reservation data and to report any incompleteness or inaccuracies to the agent within 3 days after receipt of the booking confirmation. In the absence of such notification within the set period, the tenant is not entitled to invoke the incompleteness or inaccuracy of the booking confirmation.
- The agent always has the right to refuse or withdraw an offer in response to a booking request without stating reasons.
- The landlord always has the right to refuse or withdraw a reservation without stating reasons.
3. RIGHTS AND OBLIGATIONS OF THE TENANT IN THE HOLIDAY HOME
- In addition to these terms and conditions, local law always applies to the situation at the location of the holiday home.
- Unless otherwise provided by law, these terms and conditions shall prevail.Unless stipulated otherwise in the rental agreement, the tenant must have left the holiday home no later than the date and time indicated in the rental agreement. The landlord is never responsible for the consequences of departure later than the indicated time.
- In the event of departure at a later time than indicated in the tenancy agreement, the tenant must pay an additional rental amount per day.
- The tenant must behave as a good tenant and use the holiday home in accordance with the landlord's reasonable instructions for use.
- Parties and festivities (including get-togethers, weddings, anniversaries, etc.) which the tenant wishes to organise (or have organised) in the holiday home, require the explicit permission of the landlord and must be reported to the landlord before the reservation of the holiday home is a fact, and must then be included in the rental contract.
- The tenant is legally liable for the damage caused by him or his fellow tenants to the holiday home or the items present in or around it. The tenant must immediately report any damage to the agent.
- Repair or replacement costs are to be reimbursed by the tenant immediately to the landlord at his first request.
- Upon departure, the tenant must leave the holiday home in a proper condition, i.e.: broom clean. The items present in the holiday home must always be returned to their original location (as found on arrival).
- Crockery must be washed, dried and stored in the designated place.All household garbage must be deposited in the relevant collection points on the public road.The agent is entitled to carry out a final check at the time of departure.
- If the agent finds that one or more items have not been returned to their original place or if the holiday home is not broom clean, the lessor is entitled to charge the tenant extra (cleaning) costs.
- The tenant must use linen on beds and is not entitled to use beds and pillows without sheets or pillowcases.
4. TERMINATION OF THE RENTAL AGREEMENT
- The landlord shall be entitled to terminate the tenancy agreement with immediate effect if:
a. after having been given notice of default, the tenant remains in default with regard to the fulfilment of any weighty obligation arising from the tenancy agreement and/or these terms and conditions;
b. if, after being summoned to do so, the tenant does not behave like a good tenant, in particular if, despite warnings from the agent, the tenant causes serious nuisance to his accommodation environment.
5. RENTAL PERIOD, ARRIVAL AND DEPARTURE
- The minimum rental period is 7 nights, unless otherwise agreed.
- As a rule, the check-in time is after 16.00 hours on the day of arrival, and the departure time not later then10.00 hours on the day of departure. Earlier arrival is at your own risk.
- In case of delay and expected late arrival, the tenant is obliged to report this directly to the agent by telephone. If this is not complied with, the holiday home will remain reserved for a maximum of 24 hours.
- For arrivals after 00:00 hrs and departures before 06:00 hrs a surcharge of € 35,= per event will be charged to the tenant.
6. MAXIMUM NUMBER OF PERSONS
- Persons are defined as: anyone from 6 months and older.
- The tenant is not allowed to let more, or other persons than those specified at the time of booking, stay or stay in the holiday home.
- Exceeding this maximum number of persons or persons other than those specified may result in the deduction of the deposit or removal of the tenant from the holiday home, without the landlord being obliged to pay any other compensation or restitution. It is possible that the agent will request the tenant and his fellow travellers to identify themselves.
- Staying in tents, caravans or camper vans on the grounds of the holiday home and/or using the facilities of the holiday home is also not permitted for persons other than those specified at the time of booking.
- Only persons who are known and accepted at the time of booking may enter the holiday home within the rental period.
- The holiday home will be equipped for the accepted number of persons at the time of booking. The Renter may at any time request to occupy the holiday home with more people than initially accepted at the time of booking. The landlord reserves the right to refuse the request for more than one person without giving specific reasons.
- For children up to 18 months the landlord assumes that they will sleep in a cot or travel cot. A camp bed can be rented through the agent or brought by the tenant.
- All personal details of the tenant and fellow tenants must be known to the landlord.Upon arrival at the holiday home, the tenant and co-tenants must be able to identify themselves at the agent, if requested.
8. THIRD PARTY SERVICES AND LINKS
- On the website where the landlord advertises (www.i-moraira.com), individuals, companies, clubs and associations are mentioned (e.g. restaurants, bars, tennis and golf clubs, etc.).The individuals, companies, clubs and associations mentioned are themselves responsible for the products and services they provide. Neither landlord nor agent is responsible or liable for these activities.
- The agent's offers are always without obligation and are subject to interim changes.
- All information on the agent's website (www.i-moraira.com) shall be deemed to have been provided in good faith and shall always be subject to interim modifications. The agent is not responsible for general information on the website and the information contained therein which has been drawn up under the responsibility of third parties.
- The tenant declares to have taken note of the description of the holiday home as provided by the agent on the website, and will not require a further description.
- Prices do not include costs of cancellation and travel insurance and any other costs. Special additional costs such as energy costs, cleaning costs and any local fees set by and on behalf of the government will be stated separately. Prices are based on cost-determining factors (such as price indices, currency and interest rates, etc.).
- In the event of an adjustment of these cost price determining factors, the lessor shall be entitled to make a proportional adjustment to the prices and rates charged.
- The prices and rates applicable at any given time are exclusively listed on the agent's website (www.i-moraira.com).
10. PRICE FORMING
- The number of persons occupying the holiday home does not affect the rental price.
- Other and additional costs are always listed separately in the price table of the holiday home. These must be paid over the entire duration of the stay and are not included in the rental price.
- In the case of late arrival or early departure, the entire booked period is due for all reservations.
- The prices are stated in Euro's per holiday home and (otherwise indicated) per night. The landlord reserves the right to change the total price if changes in levies and taxes due give cause to do so. Increases in these costs will be charged on a net basis, i.e. without surcharge.
- If this increase takes place within three months of the date of the rental agreement, the tenant has the right to dissolve the agreement. The tenant will then be refunded the amount already paid.Typing and printing errors in the price table are also reserved.
- Parking of vehicles in all cases is at tenant's own risk, even when parking is done within the enclosure of the property.
12. BED / BATH AND KITCHEN LINEN
- Bed linen and towels (at an announced rate per set) are available per person in the holiday home. The bed linen consists of a set of sheets and pillowcase. The bath linen consists of 2 small towels and 1 large towel. The kitchen linen consists of 2 tea towels and 2 towels. Beach towels are not included in the set.
- If the tenant wants to change bed linen and towels in between, this can be done on request (for a fee) or the tenant can wash bed linen and towels himself.Rent of bed linen and towels will be charged together with the rent.
- Hire of bed linen and towels is however not obligatory. The tenant can bring and use their own bed linen and towels.The tenant must at all times use linen on beds and is not allowed to use beds and pillows without sheets or pillowcases.
13. FINAL CLEANING
- The costs for the obligatory final cleaning are different for each holiday home.The holiday home must at all times be left clean and tidy by the tenant according to the house rules (e.g. dishes clean in the closet, no left behind garbage, BBQ and oven cleaned). Non-observance of these rules can lead to deductions from the deposit.
14. ELECTRICITY/GAS COSTS
- Electricity is not always included and the freely consumable amount of kWH is different for each holiday home.
- The calculation of the consumption of electricity is always done via meter reading.Consumption of gas for cooking and hot water is included.The agent will note the meter readings of electricity on your arrival and departure. The tenant is required to verify this himself.
15. CONSUMPTION AND ENVIRONMENT
- If the tenant leaves the lights on day and night and air conditioning is switched on 24 hours a day, this will significantly increase electricity consumption. In order to reduce costs and save the environment, it is advisable to take this into account.
- The tenant is requested to separate all waste (plastic, glass, paper and organic) and to deposit it in the relevant waste depots along the public highway.
16. COT AND HIGH CHAIR
- A cot and/or high chair can be rented on request. You need to indicate this at the time of booking.
- To be sure, the tenant must always bring his own bed linen for the cot; this is not always available on site.
17. WATER, ELECTRICITY AND INTERNET
- On the Costa Blanca disturbances and interruptions in the supply of water, electricity and internet can occur.
- Municipal and/or regional authorities may, for various reasons, decide to temporarily disconnect or reduce supply. Neither the landlord nor the agent can be held liable for this.
18. SAFETY DEPOSIT
- If the holiday home is not left clean, or with missing inventory, for example, or with damage to the stables of the holiday home, part or all of the deposit may be withheld.
- The (additional) consumption of electricity will also be deducted from the deposit.
- The remainder of the deposit will be refunded within 5 working days after departure.
- For the purpose of the refund, the tenant's full address and bank details (account number, IBAN and BIC code) are to be passed to the agent.
- The deposit for long term rentals (more than 2 weeks) will be progressively higher.
19. LEASE AND PAYMENTS
- The tenant must sign the rental agreement within 3 days of the date of the rental agreement and return it to the agent.
- The rental contract contains the following costs: the rent, the extra costs for bath and bed linen per person, the final cleaning, the amount of your deposit and any additional items such as e.g. cot.
- Upon receipt of the rental contract, the tenant must pay 25% of the total price within a maximum of 5 days after the date of the rental contract. The remainder of the rent must be paid no later than 4 weeks before the confirmed arrival date.
- If the booking takes place within 4 weeks before the start of the rental period, the total price must be paid at once within 3 days after the date of the rental agreement.
- The tenant is reminded that if the agreed terms for signing, return and payment are exceeded, the landlord reserves the right to cancel the reservation and hold the tenant liable for any costs incurred. With regard to the payment of the price, the tenant cannot invoke set-off against any claim that the tenant may have against the landlord.
- The landlord is not obliged to notify the tenant in advance of the expiry of a payment term, unless expressly agreed otherwise.
- The tenant shall never be entitled to suspend payment. After the expiry of the payment term, the tenant is in default. The tenant can remedy the default by paying the full price to the lessor within 3 days after the default has occurred.
- In the event of non-payment or late payment, all legal process and execution costs as well as extrajudicial collection costs shall be for the account of the tenant. The extrajudicial collection costs amount to at least 15% of the total price with a minimum of € 100.
- The tenant is at all times entitled to demand security for payment both before and after the conclusion of the rental agreement, subject to suspension of the execution of the rental agreement until the security has been provided; all this without prejudice to the landlord's right to performance, compensation and/or full or partial cancellation, all this without any judicial intervention and without the landlord being obliged to pay any compensation.
- Payment may be made by means of a written or electronic transfer of the amount due. In the event of payment by giro or bank transfer, the date of payment shall be the date on which the rental sum is credited to the landlord's bank account. At the landlord's request, the tenant must submit proof of payment to the landlord.
- In case the landlord allows to receive payments through the services of Paypal, the tenant has the possibility to make payments either by using his own Paypal account or by using their credit card. All additional costs resulting from such payments will be for the account of the tenant, including the cost of refunding the deposit if the hirer requests to do so through Paypal instead of a bank transfer to his bank account.
- The tenant is advised to take out: cancellation insurance as well as travel insurance.
- The tenant is deemed to have taken out a third party liability insurance, which covers himself and his fellow tenants for damage(s) caused to the buildings, accessories and inventory of the holiday home.
21. FORCE MAJEURE
- In the event of force majeure, both permanent and temporary, the landlord is entitled to dissolve the lease contract in whole or in part, or to suspend it temporarily, without the tenant being able to claim fulfilment and/or compensation.
- Force majeure includes, but is not limited to: danger of war, war, insurrection, acts of terrorism, acts of war, strikes, boycotts, traffic or transport disruptions, government measures, scarcity of raw materials, natural disasters and furthermore all circumstances, exceptional weather conditions, death of the landlord, divorce of the landlord, bankruptcy of the landlord, unannounced sale and/or occupation of the holiday home by the landlord etc. under which full or partial compliance with the agreement in all reasonableness and fairness cannot be demanded from the landlord.
- If the force majeure occurs while the tenant has only been able to make partial use of the holiday home, the rental agreement should also be considered dissolved for the time already used. In such a case, the lessor is only obliged to refund the amounts already paid by the lessee to the lessor.
22. CANCELLATION, MODIFICATION, INTERRUPTION AND EARLY DEPARTURE
- Cancellations must be notified to the agent in writing or by e-mail. If the rental contract is cancelled by the tenant, the following amounts are due for each rental contract in addition to the reservation costs owed:
- in case of cancellation up to 90 days before the date of arrival: 20% of the total price;
- for cancellation from the 89th day until the 60th day before the date of arrival: 40% of the total price;
- for cancellation from the 59th day until the 30th day before the date of arrival: 60% of the total price;
- Cancellation from the 29th day before the date of arrival: 90% of the total price.
- The cancellation of a booking by the (main) tenant also counts as a cancellation at the expense of the co-tenants.
- The costs for a change made by the tenant are € 35,=.
- Once the tenant has arrived at the holiday home and decides to end the rental period before the date of departure, the tenant cannot claim a refund of any monies paid.
- It is in principle possible, if the tenant or one of the fellow tenants is prevented during the rental period, to let another person occupy the vacant place(s).
- A request for this must be reported to the agent by email.The costs for such a change are € 35,=.
- Pets, by default, are not allowed. If pets are allowed, the tenant must always receive a confirmation from the agent and be able to present this upon arrival.
- In case a pet is allowed, supported by a confirmation from the agent, the tenant must visit the veterinarian in time (at least 30 days before the start of the trip). This in connection with vaccinations and passport for the pet in question.
- It should be clear that pets are not allowed in swimming pools and/or on beds, chairs and sofas in the interior of the holiday home. If this is violated it is possible that there will be deductions from the deposit. This applies in particular to visible pollution and / or damage caused by pets to the stables and inventory of the holiday home.
- Pets are not allowed in public buildings, restaurants, on the beaches and in public swimming pools.
25. CONSTRUCTION ACTIVITIES, NOISE POLLUTION AND ENVIRONMENTAL PROBLEMS
- It occasionally happens that unexpected construction or maintenance work is carried out in the immediate vicinity of a holiday home. The landlord cannot accept any responsibility for this.
- The same applies to noise nuisance caused by e.g. neighbours, church bells or agricultural equipment.
- The landlord cannot be held responsible for environmental problems in the holiday region (e.g. seawater pollution). The tenant is advised to follow any publications about this in the media.
26. ACCEPTANCE OF THE HOLIDAY HOME
- If the tenant discovers an error or imperfection upon arrival at the holiday home, the tenant is requested to report this immediately to the agent.
- Despite all precautions, it is possible that the tenant believes he has a just complaint. This complaint must be reported immediately to the agent. The agent will take action to remedy the complaint as soon as possible.
- If no notice to the contrary is given within 12 hours of the tenant's arrival, the tenant will be deemed to have accepted the holiday home.
- These remarks, inconveniences or complaints do not automatically entitle the tenant to compensation and refunds.
- The holiday homes are usually surrounded by spacious plots and gardens, and are located in a climate zone where the tenant has to take into account all kinds of insects, ants, mosquitoes and even wild animals. The presence of these is not attributable to the landlord and the landlord cannot be held liable for them.
- The landlord cannot be held liable for damage suffered by the tenant or third parties as a result of the stay in the holiday home; the tenant indemnifies the landlord and the agent against claims in this respect.
- In particular, the landlord is not liable for malfunctions in and around the holiday home such as, but not exclusively limited to, malfunctions and failure of electricity, internet, water supplies and technical installations, unannounced or untimely construction work and changes to access or main roads.
- The landlord can only be held liable for damage caused by gross negligence or negligence on the part of the landlord.
- Without prejudice to the provisions of the previous paragraphs, the liability of the landlord, if and in so far as the landlord is held legally liable for any reason in respect of the rental agreement, is always limited to direct damage and any form of consequential damage is excluded.
- The landlord/agent of the holiday home is free to provide the tenant and/or the co-tenant(s) with instructions regarding the use of the holiday home and everything that goes with it.
- During the rental period, the tenant is liable for any damage to the holiday home, its furnishings and all items belonging to the rented property caused by his and/or the other tenants. The co-tenants include anyone who is a member of the travel company, or who should otherwise be considered part of the tenant's circle.
- It is very important that the tenant has a third-party liability insurance and travel insurance valid abroad.
- If any damage has not been settled with the landlord/agent of the holiday home, the landlord is entitled to hold the tenant liable for the damage suffered and to be suffered. All related costs are for the account of the tenant mentioned in the rental contract.The tenant mentioned in the lease is jointly and severally liable for all fellow tenants he reports.
- With regard to minors, it must be possible to prove that parents or guardians have given permission.
- Each holiday home has been carefully selected and inspected by the agent. The agent vouches for the accuracy of the description of the holiday home, on the understanding that a deviation of 15% of the stated living space and distances is considered acceptable.
- The description and impressions of the holiday home and its immediate surroundings, including facilities, establishments, facilities and recreational facilities, may deviate from the description on the agent's website according to their nature or due to interim changes or seasonal influences.
- The tenant is at all times entitled to submit his grievances to the agent by means of a complaint.
- The agent must always deal with a complaint adequately and expeditiously, in such a way that the complaint is dealt with according to standards of reasonableness and fairness.
- The tenant must report a complaint, arising on arrival at the holiday home, or during the rental period, to the agent within 12 hours at the latest.
- The tenant must at all times give the agent the opportunity to bring about an appropriate solution to the complaint during the rental period.
29. DATA PRIVACY
- The information provided by the tenant for drawing up the lease is stored in a database.The landlord and the agent are obliged to communicate personal information of the tenant and his company related to the rental of the holiday home to the local unit of the Guardia Civil.
- Neither the landlord nor the agent will voluntarily disclose the personal information of the tenant and his party to any third party other than those referred to in point 29.1.
- The agent may use the email address of the renter to send him information regarding rental offers.
- The parties submit to the jurisdiction and venue of the courts and tribunals of the place where the holiday home is located, expressly waiving their own jurisdiction. The laws to be applied are the Spanish Urban Rental Law (Ley de Arrendamientos Urbanos), abbreviated LAU.