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Terms & Conditions

General Terms and Conditions, June 2018, v1.4

Definitions

  • The general terms and conditions: an explanation of the rules governing the rent of a holiday villa.
  • The landlord: the owner of the holiday home.
  • The holiday home: the house where the tenants will stay during the rental period.
  • The tenant: the person who rents the holiday home belonging to the landlord.
  • The co-tenant(s): the person or persons who are part of the company of the tenant.
  • The agent: the intermediary who represents the landlord, and helps create the rental agreement between landlord and tenant.
  • The rental period: this is the period between the date of arrival and the date of departure, both days included.
  • The rental agreement: a document that describes the lease between the landlord and the tenant.
  • The total price: the total amount that the tenant is liable to pay for the rental period, consisting of the sum of the rent and additional costs.
  • Additional costs: costs of renting a set of linnen (sheets, blankets, pillow cases, towels and kitchen towels) and the final cleaning.
  • The safety deposit: a sum of money which is paid to the landlord in escrow and which shall be refunded to the tenant.
  • The deposit: 25% of the total price.

The reservation of the rental period

  • The tenant can make a reservation by phone or over the internet. Each reservation will be confirmed by the agent by email. Should the tenant not have received this confirmation within 3 days, the tenant is requested to contact the agent.
  • The reservation confirmation sent by the agent contains all relevant details for the rental period in the holiday home. To avoid misunderstandings, the tenant is obliged to check the booking confirmation immediately after receipt for correctness and completeness of the mentioned data, and should report any omissions or inaccuracies within 3 days after receiving the reservation confirmation to the agent. Should the agent not receive such notification within the prescribed time, then the tenant is not entitled to invoke the incompleteness or inaccuracy of the reservation confirmation.
  • The agent always has the right to refuse or withdraw a request for quoation, or a request for reservation without giving any reasons.

Rights and obligations of the tenant in the holiday home

  • At the site of the holiday home the local laws are applicable, aside from these terms and conditions.
  • To the extent that the law has not provided otherwise, these terms and conditions shall prevail.
  • The tenant shall, unless otherwise provided in the rental contract, vacate the holiday home on the date and time specified in the rental contract. The landlord is not responsible for the consequences of departure later than on the stipulated time.
  • On a departure later than specified in the rental contract, the tenant must pay an additional amount per day.
  • The tenant must behave as a good tenant and the holiday home is to be used in accordance with the user instructions as issued by the landlord.
  • It is not allowed to have celebrations and parties (bachelor parties, weddings, anniversaries, etc. ). This requires the express consent of the landlord, and such events should applied for at the time of the request for quotation. Should the landlord agree for such festivities to be held in his holiday home, this should be noted in the rental contract.
  • The tenant is legally responsible for his co-tenants in case the holiday home incurs any damages inflicted by the co-tenants. Any damages should be reported directly to the agent.
  • Repairs or replacements should be reimbursed by the tenant to the landlord upon the landlord’s first request.
  • At the time of departure, the tenant shall leave the holiday home in a decent condition, ie: swept clean. The items present inside the holiday home will be put back at the place where they were upon arrival.
  • The dishes should be washed, dried and stored in the appropriate cupboards.
  • All rubbish must have been disposed of in the appropriate bins on the public road.
  • The barbecue (if present) must be degreased and cleaned.
  • The agent is entitled to make a final check at the time of departure.
  • If the agent finds that several items have not been put in their original location, the rubbish has not been disposed of, or if the house is not swept clean, the landlord is entitled to charge extra (cleaning) costs to the tenant.
  • The tenant is not allowed to use the beds without the use of the appropriate linen and pillow covers.

Termination of the rental contract

  • The landlord is entitled to terminate the rental contract with immediate effect if:
    a. after being declared in default, the tenant remains in default regarding the fulfilment of any serious obligation arising from the rental contract and / or these terms and conditions;
    b. If the tenant, after being summoned, refuses to act as a good tenant, in particular if the tenant, despite warnings from the agent, is causing serious hindrance to his residence environment.

Arrivals and departures

  • The minimum rental period is 7 nights.
  • As a rule, arrival must take place between 16:00 and 18:00 hours, and departures take place between 08.00 and 10.00 hours. Early arrival is at tenant’s own risk.
  • In case of delay and/or an anticipated late arrival, the tenant is obliged to directly notify the agent by telephone. If this requirement is not met, the property will be reserved for a maximum of 24 hours.
  • For arrivals after 00:00 hours and departures before 06:00 hours a surcharge of € 35,= per event will be levied.

Maximum number of persons

  • Persons are defined as anyone aged 6 months and older.
  • The tenant is not allowed to allow other people than those specified in the rental contract to stay or sleep over in the holiday home.
  • Exceeding the maximum number of persons, or allowing other persons than those specified, can result in deductions from the security deposit or removal of the tenant and his co-tenants from the holiday home, without the landlord being obliged to pay any compensation or restitution.
  • The agent may require the tenant and his co-tenants to identify themselves by means of a valid means of identification at the time of arrival.
  • Only persons who are included in the rental contract are allowed to use the holiday home within the rental period.
  • It is not permitted to set up tents, or park and use motorhomes, caravans or campers on the grounds of the holiday home.
  • The holiday home will be arranged for the accepted number of persons on the rental contract. The tenant may at any time submit a request to populate the holiday home with more persons than initially accepted. The landlord reserves the right to refuse the application without giving any specific reasons.
  • For children under 18 months, the landlord assumes that they sleep in a cot or a travel bed. A cot can be hired through the agent or be brought by the tenant.

Personalia

  • All personal details of the tenant and co-tenants must be known by the landlord.
  • On arrival at the holiday home the tenant and co-tenants may be requested by the agent to show valid means of identification.

Third-party services and links

  • On the website where the landlord advertises the holiday home (www.i-moraira.com), companies or service providers may be mentioned (restaurants, bars, tennis and golf clubs, car rentals, etc.).
  • The mentioned companies, clubs and associations are themselves responsible for the products and services they supply. The landlord is not responsible or liable for these activities.

Price

  • The offers of the agent are not binding and are done subject to interim changes.
  • All entries on the website of the agent (www.i-moraira.com) are deemed to have been provided in good faith and shall always be subject to interim adjustments. The agent carries no responsibility for general information on the website and there contained information prepared 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 his website, and shall require no further description thereof.
  • Prices exclude costs of a cancellation- and travel insurance and any other costs. Particularly additional costs like energy costs, cleaningcosts and levies by local government shall be stated separately.
  • Prices are based on cost factors (such as price indices, currencies and interest rates, etc.).
  • In the event of an adjustment of the costs, the landlord is entitled to consider these adjustments and to make a proportional adjustment of prices and rates.
  • The current applied prices and tariffs are exclusively mentioned on the agent’s website (www.i-moraira.com).

Pricing

  • The number of people on the rental contract does not affect the rent.
  • Extra costs are always shown separately in the price table of the holiday home. These must be paid for the entire stay and are not included in the rent.
  • For all rental contracts it is agreed that the total price remains due in case of a late arrival or a premature departure of the tenant.
  • Prices mentioned are in Euros, and are per holiday home per week. The landlord reserves the right to change the total price if changes in the charges and taxes so dictate. Increases in these costs will be charged net, without a surcharge.
  • If the increase occurs within three months after the date of the rental contract, the tenant has the right to terminate the rental contract. The tenant will then be refunded for monies already paid.
  • Typing and printing errors in the price tables are reserved.

Additional information relating to the reservation

General

  • Parking is in all cases at the own risk of the tenant, even if parking is done within the property.

Bed-, Bath- and Kitchen linen

  • For each person on the rental contract a set of bed linen and towels € 17,50 shall be present in the holiday home. Bed linen set includes a set of sheets and pillowcases. The towels consist of two small towels and one larger towel. The kitchen linen set consists of 2 dish towels and 2 towels. Large beach towels are not included in the set.
  • A change of bed linen and towels can be arranged during the rental period against a surcharge. The tenant can also wash the bed linen and towels himself.
  • The hire of bed linen and towels is jointly charged with the rent.
  • The hire of bed linen and towels is not mandatory. The tenant may bring and use his own sheets and towels.
  • The tenant should always use linen on the beds and is not allowed to use the beds without sheets or pillowcases.

Cleaning

  • The cost for the final cleaning may be different per holiday home.
  • The tenant should always leave holiday home clean and tidy and in accordance with house rules (among others: the dishes cleaned and dried in the cupboard, garbage in the appropriate bins, barbecue and oven thoroughly cleaned).
  • Failure to comply with these rules may result in deductions from the security deposit.

Electricity / gas costs

  • Electricity is not always inclusive, and the free consumable amount of kWh may be different per holiday home.
  • The electricity consumption shall always be calculated by means of the electricity meter.
  • Consumption of gas for cooking and hot water is included.
  • The agent will make note of the electricity meter on your arrival and your departure. The tenant must check this himself.

Consumption and environment

  • When the lights are left burning night and day and the air conditioning  is left working 24 hours a day, this will have an effect on the average electricity consumption. To reduce costs and save the environment it is advisable to take this into account.

Cot and high chair

  • A cot and / or high chair can be rented on request. The tenant should indicate this when making the reservation.
  • As a precaution the bed linen for the cot should always be supplied by the tenant as this is not always available on site.

Water, electricity and internet

  • Failures in the supply of water, electricity and internet may occur.
  • Local and / or regional authorities may, for various reasons, decide temporarily to disconnect, or reduce delivery of mentioned services. The landlord cannot be held liable.

Safety deposit

  • The amount of the safety deposit may be different per holiday home.
  • If upon departure of the tenant the holiday home is not clean, inventory is missing, or damage is done to the structures of the holiday home or its grounds, a portion of- or the total safety deposit will be retained.
  • Also, the (excess) consumption of electricity will be taken from the deposit. The remainder of the safety deposit is refundable within 5 days after departure.
  • In order to enable the refund of the safety deposit the tenant is requested to inform the agent of his full address and bank details (account number, IBAN and BIC code).
  • The safety deposit for rentals for longer term (more than 3 weeks) will be progressively higher.

Rental contract and payments

  • The tenant has to sign the rental contract within 3 days after the date of the rental contract and return it to the agent.
  • The rental contract contains the following costs: the rent, the additional costs for linen and towels per person, the final cleaning, the amount of your safety deposit, and any additional matters such as a cot.
  • Upon receipt of the rental contract, the tenant is requested to pay 25% of the total price within a maximum of 5 days after the date of the rental contract. The remainder is due no later than 4 weeks prior to the date of arrival.
  • If the reservation is made within 4 weeks before the start of the rental period, the total price should be paid in one payment within 3 days of the date of the rental contract.
  • The tenant is notified that if the agreed deadlines for signature, return of the rental contract and payment are exceeded, the landlord has the right to cancel the reservation and to hold the tenant responsible for costs incurred. The tenant may not offset the required payment with any claim he might have against the landlord.
  • The tenant never has the right to suspend payment. After the expiry of the date of payment the tenant is in default. The tenant can correct this omission by paying the total price to the landlord within 3 days after entering into default.
  • In case of non-payment or late payment all judicial proceedings and execution costs as well as the extrajudicial collection costs are payable by the tenant.
  • The extrajudicial collection costs amount to at least 15% of the total price with a minimum of € 100, =.
  • The landlord has the right to require, both before and after the signing of the rental contract, a guarantee of payment, subject to suspension of the execution of the rental contract until security is established; without prejudice to the right of the landlord to performance, compensation and / or complete or partial cancellation, without judicial intervention and without the landlord will be required to pay any damages.
  • Payment can be done by means of a bank transfer of the due amount. When paying by giro or bank the date of payment shall be the day when the monies are credited to the bank account of the landlord. At the request of the landlord, the tenant must be able to provide the landlord proof of payment.
  • In case the landlord allows to receive payments through the services of Paypal, the possibility exists for the tenants to make payments by either using their own Paypal account, or using their credit card. All additional costs arising from such payments shall be for tenant’s account, including the costs for reimbursement of the safety deposit if the tenant should require this transfer to be made through Paypal instead of a transfer into his bank account.

Insurance

  • The tenant is advised to take out a cancellation insurance, travel insurance and third-party liability insurance.

Modification or cancellation

Odds

  • In case of force majeure, both permanent and temporary, the landlord is entitled to terminate the rental contract in whole or in part, or to temporarily suspend without the tenant to claim performance and / or indemnification.
  • Force majeure shall include, but shall not be limited to: risk of war, war, riots, acts of terrorism, acts of war, strikes, boycotts, interference of traffic or transport, government measures, scarcity of raw materials, natural disasters and further other circumstances, extraordinary weather, death of the landlord, divorce of the landlord, bankruptcy of the landlord, unannounced sale and / or occupation of the house by the landlord in which complete or partial compliance with the agreement to the reasonableness and fairness can not be demanded of the landlord.
  • If force majeure occurs while the tenant has only partially consummated the rental period, the remaining time of the rental period shall be considered dissolved.
  • In such a case the landlord shall only be required to refund the amounts already paid by the tenant.

Cancellation, modification, suspension and premature departure

  • Cancellations must be made in writing or by e-mail to the agent. If a rental contract is cancelled by the tenant, then the tenant shall be liable for the following amounts:
    – Cancellation up to 90 days before the date of arrival: 20% of the total price;
    – Cancellation from the 89th day to the 60th day before the date of arrival: 40% of the total price;
    – Cancellation from the 59th day to 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 tenant is also considered a cancellation at the expense of the co-tenants.
  • The cost of a modification done by the tenant is € 35, =.
  • If the tenant, once arrived at the holiday home, decides to prematurely depart and terminate the rental contract, the tenant is not entitled to a refund of any monies paid.

Surrogacy / substitution

  • In case of prevention it is possible, in principle, for the tenant to substitute himself or one of his co-tenants by another person.
  • A request hereto should be sent to the agent via email.
  • The cost of such a change is € 35,=.

General provisions

Pets

  • Pets are usually not allowed. If allowed, the client should always receive a confirmation by the agent and be able to provide this on arrival.
    In the event that a pet is permitted, supported by a confirmation of the agent, the tenant need to timely (at least 30 days before the trip) make a visit to his vet. This to ascertain the vaccinations and passport for that pet is up to date.
  • It should be clear that pets are not allowed in swimming pools, on beds and chairs. In case of violation, it is possible that deductions will follow from the safety deposit. This applies in particular to visual pollution and / or damage caused by pets.
  • It is not permitted to bring pets in among others: public buildings, restaurants, on the beaches and in public pools.

Construction, noise and environmental problems

  • It can occasionally occur that in the immediate vicinity of a holiday home unexpected construction or maintenance will take place. The landlord cannot accept any responsibility.
  • The same goes for noise cause, for instance, by neighbours, church bells, farm equipment, etc.
  • The landlord cannot be held liable for environmental problems in the holiday region (eg. seawater pollution). The tenant is advised to follow any publications on this subject in the media.
  • The holiday homes are mostly surrounded by gardens, and located in an area where the tenant must take into account the presence of all kinds of insects, ants, mosquitoes and even wildlife. This is not attributable to the landlord whom cannot be held responsible.

Comments

  • If upon arrival the tenant detects a mistake or imperfection, he is expected to directly advise the agent.
  • It is possible that, despite all efforts to prepare the holiday home as good as possible, the tenant might have a legitimate complaint. The complaint must be reported immediately to the agent. The agent will take action to resolve the complaint as soon as possible.
  • If no complaint is received 12 hours after arriving at the holiday home, the holiday home shall be deemed to be accepted by the tenant.
  • Said comments, discomfort or complaints do not automatically entitle to compensations of refunds.

Liability

  • The landlord cannot be held liable for suffered damage by the tenant or third parties due to the stay in the holiday home. The tenant shall indemnify the landlord and the agent against claims relating thereto.
  • In particular, the landlord is not liable for malfunctions in and around the home such as, but not limited to malfunctions and failure of electricity, internet, water supplies and technical installation, not or untimely announced building activities and changes to entrances or main roads.
  • The landlord can only be held liable for damage due to gross negligence.
  • Notwithstanding the preceding paragraphs, the liability of the landlord, if and when the landlord of any reasons relating to the rental contract is held legally liable, be limited to direct damages and exclude any form of consequential damage.
  • The landlord is free to issue the tenant instruction on how to use the holiday home and its installations.
  • During the rental period, the tenant is liable for the actions of his and / or the co-tenants damage done to the holiday home, the inventory and all things which belong to the holiday home.
  • It is very important that the tenant has a third party liability insurance, valid abroad, as well as a travel insurance.
  • If any damage is not dealt with with the landlord and/or agent, the landlord is entitled to hold the tenant liable for the loss and damage suffered. All costs incurred shall be borne by the tenant mentioned in the rental contract.
  • The tenant mentioned in the rental contract is liable for all co-tenants on the rental contract.
  • With regard to the stay of minors: these must be able to demonstrate that parents’ or guardians’ consent.

Complaints

  • Each holiday home has been carefully selected by the agent and inspected.
  • The agent is responsible for the accuracy of the description of the property, except that a deviation of 15% of the given living surface and distances are considered acceptable.
  • The description and impressions of the holiday and the surrounding area, including facilities, equipment, and recreation possibilities can, in their nature, or due to interim changes or season influences, differ slightly from the description on the agent’s website.
  • The tenant is entitled to present his grievances through a complaint to the agent.
  • The agent shall handle a complaint adequately and quickly, thus handling the complaint with the standards of reasonableness and fairness.
  • If the tenant has a complaint, originating on arrival at the holiday home, or during the rental period, this complaint needs to be reported within 24 hours to the agent.
  • During the rental period the tenant must at all times provide opportunity to reach an appropriate solution to the complaint.

Data protection

  • The data which is provided for the rental contract to be drawn up, will be stored in a database.
  • Neither the landlord or the agent will make this data voluntarily available to third parties.
  • The landlord and the agent will yield the data to the proper authorities if thereto legally summoned.
  • The agent may use the tenant’s email address for sending information regarding rental opportunities.