GENERAL TERMS AND CONDITIONS :

Definitions:

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

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

Tenant: (also tenant) the person named in the reservation form who makes the reservation, 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 under the terms and conditions of this rental agreement.
Advance: the amount that the tenant has paid to the owner for the reservation of the house.
Deposit: an amount that the tenant pays to the owner, which serves as insurance for damage and unforeseen costs.


Scope of application:

These general reservation conditions apply to all reservation contracts between tenant and landlord.
This concerns a holiday rental contract and in no way a long-term rental contract that falls under the general residential rental legislation applicable to long-term rental.

1. Booking:

1.1 A booking is made when a tenant contacts the owner of the holiday home, the owner and tenant agree to rent out 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 tenant once the deposit has been received by the owner.

1.2 The moment the tenant makes a reservation via the internet, in writing, by telephone, by e-mail or in person with the landlord, the agreement applies that these general booking conditions 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, together with any additional charges or fees specified in the Additional Terms.

2. Payment of the rental amount:

The tenant must pay an advance to the owner to confirm a booking.

2.1 The advance, 50% of the total rental amount, must be paid on the day of reservation. The advance must be in the possession of the owner 3 working days after making the reservation. Only then is the reservation final.

2.2 The balance of the rent, the security deposit and the cleaning fee or any other extra(s) contracted by the tenant must be paid 30 days before arrival. The amount must be in the owner's bank account 30 days before arrival.

2.3 If the reservation is made less than 30 days prior to arrival, the security deposit, rental amount and cleaning fee or other extra(s) contracted by the tenant must be paid in full upon reservation.

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

3. Guarantee:

3.1 The deposit is EUR 700.00 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 departure of the tenant, after deduction of additional costs. However, the lessor reserves the right to claim back from the lessee in all possible ways the damage caused by the lessee to the holiday home, the household effects or the gardens during his stay.

3.4. If the tenant causes damage to the holiday home during his stay, the amount of which, subject to the burden of proof, is higher than the deposit paid, the landlord can request an additional 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 after 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 period, the 50% of the rent paid upon reservation will be retained by the landlord. 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 owed by the tenant will continue to exist.

4.6 The owner can cancel the agreement, only for reasons of force majeure. If the owner cancels this agreement at any time before the start of the term, the owner will refund the renter all money paid before the cancellation.

4.7 In case of proven 'force majeure' or in case the renter is forbidden by the authorities to travel due to Covid regulations, the cancellation is free of charge and the owner will refund the renter the full prepaid rental amount and the balance will no longer be owed by the tenant. If the tenant becomes ill before departure due to Covid and is unable to travel, the cancellation is also free of charge provided a medical certificate regarding the Covid infection is presented.

4.8 In case of no show by the tenant, the total rental amount remains payable as cancellation costs by the tenant.

4.9 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.

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

5. Damage and suretyship:

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

5.2 In case of damage and / or loss to the accommodation, through fault or negligence 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 Breakage, loss and/or damage to the property caused by the tenant must be reported to the owner within a maximum of 24 hours and the damage must be compensated.

5.4 If a security deposit is kept by the owner, this does not limit any liability of the tenant under paragraph 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 indicated by the landlord in the booking confirmation or in the advertisement on the site.
An occupancy with a larger number of people can lead to termination of the lease and loss of the deposit. In that case, the payments made will not be returned and the tenant must pay the full rent. If the tenant intends to stay in the rented accommodation with more people than allowed, the tenant must request this in writing from the landlord before the start of the rental period. The owner may refuse this or charge an additional fee.

6.2 The tenant is not allowed to smoke in the Holiday Home. Smoking is allowed on the terrace, provided the tenant ensures that all associated waste is removed at the end of the rental period. If it is established that smoking is taking place in the house, the landlord can charge extra costs for cleaning the house.

6.3 The owner or his representative may enter the home and holiday home at any time to inspect the home and holiday home, provided the owner notifies the tenant less than 2 hours in advance. Such notice will be provided by telephone and/or in writing.

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

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

6.6 Subletting is not allowed.

6.7 In the event that family members or members of your travel group become ill due to Covid-19 during your stay, you must report this immediately to the owner.

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

6.9 The tenant agrees to occupy the accommodation in accordance with the applicable general regulations.

6.10 The owner or his representative has the right to carry out a final inspection. On departure, 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 made to rectify the situation. Leaving rubbish, food scraps or other items brought into the property by the tenant in the property will also incur an expense 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 guests of the tenant make use of additional facilities made available by the landlord, the tenant makes use of these additional facilities at his own risk.

7.2 The landlord has provided an accurate description of the property and its condition to the best of its ability. The tenant understands that it is considered reserved "on sight". The holiday home is cleaned before the tenant moves in. All electrical, plumbing and appliances must be in good working order. The non-functioning of certain extra amenities, such as TVs or Internet and Wi-Fi service, do 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 occupation. When 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 arrival at the house. Otherwise it is assumed that everything is functioning properly. If necessary, the landlord will do everything in its power to have installers solve the problems, but cannot solve everything during holidays and weekends. Under no circumstances will the rent be refunded or returned due to the condition of the house. The guest agrees to release the owner from any liability for the condition of the home.

8. Privacy GDPR (Regulation (EU) 2016/679 of 27 April 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 exchange such information with third parties, including (but not limited to) its agents used for the management of the vacation home, credit and collection agencies and lawyers. The renter understands that if the renter defaults on any payment under this agreement, that default may be reported to a credit and/or collection agency. Any information 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.

9.Heating:

The holiday home is cooled and heated with air conditioning (cold and warm).

10. Personal property:

Renter understands that renter's personal property is not insured by lessor and lessor is not responsible for renter's lost, stolen, or missing property or renter's property left behind after check-out.

11. Keys:

The owner or his representative will provide you with a single copy of the house key and the common access parts (2 keys). Failure to return or loss of keys will incur a replacement cost if the locks need to be replaced for security reasons. This cost is proven on the basis of the actual costs incurred by the landlord.

The deposit for the pool key and the remote control for the garage (+ electronic access badge, in particular the round badge) will be refunded within 30 days of leaving the holiday home if they are returned to the landlord in good condition. In the event of loss, the replacement cost will have to be paid locally by the tenant. This includes the replacement cost (according to the actual replacement cost) on the one hand and the service cost of the local representative who is responsible for the replacement.

12. Common areas:

12.1 The common areas of the complex are used by the tenant at his own risk. The owner is not responsible for any accidents caused by the use of these areas.

12.2 The tenant will respect the house rules established by the owners of the holiday complex. These rules can be requested from the manager of the holiday complex.

13. Linen:

13.1 Towels are provided on arrival. This means 1 large and 1 small towel per person + 1 bath mat + 2 kitchen towels.

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

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

13.4 Two single mattress protectors are made available, a double bottom sheet, a double top sheet, 2 pillows with protectors and 2 pillowcases. If the linen is lost, this will be charged at the replacement cost (based on an invoice presented by the landlord)

14. No Party BBQ:

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

14.2. BBQ : it is not allowed to barbecue on the terrace of the apartment or in the common parts of the holiday complex.

15. Pets:

15.1 If you bring a pet(s), the landlord must be informed of this in writing and this can only be allowed with written permission from the landlord.

16. Swimming pool:

16.1 The use of the communal swimming pool is at the tenant's own risk.

17. Wi-Fi:

17.1 The WiFi is for normal data use. Any excessive download means the router will stop working. In this case, the costs for replacement are €50.

17.2 The Wi-Fi service is an external service, so the owner is not responsible for any incident, interruption or failure of the line.

17.3 The WiFi router is located in the living room of the apartment. The tenant will not attempt to damage or otherwise manipulate it. Costs for damage to the router or its installation will be deducted from the deposit.

18. Maximum Occupancy:

18.1 The maximum occupancy is 2 persons. There are only beds for 2 persons.

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

19. Assumption of risk - child protection:

19.1 With the exception of the months of July and August, there is no lifeguard on duty. Accordingly, persons using the pool do so at their own risk and the owner takes no responsibility for accidents or injuries. No one should swim alone.

19.2 The tenant shall indemnify the landlord against all bodily injury and/or material damage incurred to the property as a result of the tenant's negligence or negligence. See the disclaimer below.

19.3 The tenant understands that no special efforts have been made to make this holiday home "child safe", and accepts the risk or damage to any children that we allow in the apartment. These risks are not limited to, but include access to the swimming pool, adjacent street, household cleaning supplies and plants in the house, yard and street, which can be toxic 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 the surfaces are wet or slippery due to weather or the use of hoses to areas, and further, 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, stoves, barbecues , the lack of appropriate precautions to be taken near wet areas or unforeseen circumstances by the tenant.
Under no circumstances will the tenant or his guests hold the owner of the holiday home liable for any damage or claims of any kind arising from their stay, except for willful acts.

Accidents and theft: When making a reservation, the guest assumes full responsibility for everything related to 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 tenant agree that the term is a short term rental contract and that the term will not exceed the period provided for in this contract and that this Agreement is not subject to the Rental Property 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 renter agrees to return the keys to the owner or his representative.

22. Registration of electricity consumption:

The electricity consumption in the house is an additional cost for the tenant. The consumption is registered by an electricity meter in the hall of the holiday home. The meter reading is determined on arrival and on departure of the tenant. This is 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. On departure of the tenant, the landlord or his representative will register the KWH on the electricity meter that is signed by the tenant.

23. Leaving the house:

23.1 When you leave the house, it will be left tidy. All garbage and excess food must be removed and deposited in the containers on the street. The dishes must have been done and the dishwasher must be emptied. The sofa in the living room must be left spotless. If the sofa shows stains on arrival at the holiday home, the landlord must be informed of this within 24 hours of arrival, with accompanying photos of the condition. The tenant is advised not to remove the protective blanket on the sofa.

24. Jurisdiction:

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

24.2 If either party to this Rental Agreement brings any legal action or proceeding (including default, non-payment, etc.) arising out of or in connection with this Rental Agreement, the winning party shall have the right, in addition to receive all other compensation that may be granted, reasonable attorneys' fees, costs and expenses incurred in the action or proceeding by the winning party.

24.3 In what 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 regulation of tourist residences, apply. within the territorial scope of the Valencian Community and additional standards.