Terms and Conditions of Rental
This document provides our standard terms and conditions of rental for guests.
The owner of the property, hereinafter referred to as the Owner, offers the short term rental/letting of the Property known as Villa Kathleen, Calle Amapola 53, Las Farolas, Mijas Costa 29649 Malaga to the person of 21 years or over named as the Party Leader and to the named party members (on the Rental Agreement), hereinafter referred to as the Guest, under the terms set out below.
On receipt of the deposit payment and online booking request from the Guest, the owner will confirm the booking by email.
The Guest agrees that payment of the rental deposit sum to the owner will signify their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the final rental sum, the Guest has received copies of, and/or read and accepted these Terms of Conditions of Rental.
The Guest agrees and acknowledges that the owner will not release the Property or any service prior to receipt by the owner of payment in full. Failure of the Guest to pay rental or for any service will result in removal or refusal to supply said service, including, but not limited to provision of accommodation in the Property. Such removal and or refusal will not alter the terms and penalties associated with cancellation.
The Guest agrees to pay the Total Rental Fee as shown on the Rental Agreement within the due dates as set out on the booking confirmation. Final and full payment is due 90 days prior to arrival. In the event of late payment, or failure to pay, the owner reserves the rights to levy the cancellation penalty percentage charges against any money that the Guest has paid in advance and cancel the booking of the Guest. Where the money paid in advance is insufficient to cover the calculated percentage, the Owner reserves the right to exercise any legal remedies to pursue the amount owed by the Guest.
No amendments to the booking are accepted unless by agreement in writing by the owner. The owner reserves the right to charge an amendment fee determined by the implications of the amendment.
The Guest agrees, and the owner permits the Rental Period to begin and end on the dates shown as the Rental Period (as shown on the Rental Agreement).
Check in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement, Booking Confirmation or Registration Form. At the sole discretion of the owner, any Guest arriving to collect keys before that time may be refused. Where early check in is available and not previously agreed the Guest will pay a minimum £50 charge on collection of the keys. Within 24 hours of arrival at the Property, the Guest agrees to complete the online Registration Form and return the signed form to the owner or the owner’s representative within 48 hours of arrival. Failure to return the Registration Form will be deemed confirmation that the Guest accepts the Property as found, and accepts responsibility for all damages or loss found at the Property on departure of the Guest.
Check out is on the date of departure as shown on the Rental Agreement and Registration Form, at 10:00 am. All keys must be returned to the owner or the owner’s representative by 10:00 am on the date of departure. Should the Guest require a late check out, the Guest must have agreed such a departure time with the Owner not less than three days prior to the departure date. If the Owner is able to accommodate the request of the Guest, then there may be a charge of £50 per hour payable in advance. In the event that it is found that the Guest has not departed the Property on the date of departure, at the due time, then the Guest will pay a penalty charge of £100 per hour.
Basis of Rental
Properties offered for short-term rental from the owner are provided on a self-catering basis. The owner provides complimentary items such as soap, toilet paper, trash bags, etc. Once these items are used, it is the guest’s responsibility to replenish them.
Where a Guest is found to have brought a pet to the property without prior written permission, a bill of £300 will be made to the Guest to compensate for additional cleaning requirements, which the Guest agrees to pay within 14 days.
The Guest agrees that the Owner or the Owner can charge additional fees to cover:
- Early arrival or late departure charges
- Non-return of keys
- Loss or breakage of inventory items
- Damage to the Property or its equipment
- Unauthorised Pets
Where loss or damage to the Property, the inventory, or equipment exceeds the accidental damages deposit, the Owner will bill the Guest for the shortfall, and the Guest agrees to pay within 14 days. In the event that the Guest fails to pay any such shortfall,the Owner reserves the right to exercise any legal remedies to pursue the amount owed from the Guest. Where the owner finds damage or loss to the property following the Guests departure that, in the view of the owner, constitutes malicious or wanton damage, the Owner reserves the right to notify law enforcement authorities and prosecute, in addition to billing the Guest for the full amount of repair or replacement, and the Guest agrees to pay within 14 days.
Guest’s who rent the Property and wish permission for small pets, must pay the Pet premium in advance of the stay to cover additional cleaning costs (currently set at £10 per night). Extra cleans and sanitation are undertaken to those homes providing permission for pets immediately following each stay, to ensure that hotel code is complied with and our own strict hygiene standards are met. The Owner of the Property cannot be held liable for any loss or injury to a pet while staying at the Property, or for any action taken by the pet or pet owner against third parties. In addition to the Pet premium, a security deposit of £300 will be required by the owner, which must be paid within 24 hours of arrival at the Property, to ensure cover for any potential damage done by the pet to furnishings or the material of the Property.
The Guest may cancel their booking at any time up to or during the Rental Period. In the event that the Guest exercises their right to cancel, the owner will levy the following cancellation penalty charges and percentage rates of the Total Rental Fee (amount shown on the booking confirmation):
- The £500 accidental damages deposit is non refundable at any time.
- Between 30 and 60 days prior to the arrival date 50%
- Between 15 and 30 days prior to the arrival date 75%
- Less than 15 days prior to the arrival date 100%
The owner regrets that he is unable to waive any of the cancellation charges above, whatever the circumstances. The Owner recommends that all guests take out adequate cancellation or holiday insurance either through their insurance broker or travel agent.
The owner agrees to remedy any problems found at the Property, either on arrival of the Guest, or during the Rental Period to the best of his ability. However where the owner is reliant on third parties for the service or repair of any item or service then the responsibility will be down to the third party and not the owner. No claim against the owner can me made for mal-function of items or services which are beyond the owners control.
Limitation of Liability
The owner makes all reasonable efforts to provide advice and safety information. This information can be found in the Home-Pack at the Property. It is the responsibility of the Guest to ensure that they have read and understood the contents and advice given following arrival at the Property. The owner is willing to provide any and all further information pertaining to the Property providing the Guest has first read the Home-Pack. In addition, the owner states the following:
- The Owner does not accept liability for equipment failure and or services in the Property. In the event of failure of equipment, the Guest must notify the owner within one working day such that the owner may elect to effect a remedy to the failure.
- The Owner does not accept liability for lost or stolen personal property of the guest from the property during the Rental Period. The owner provides information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise of security, even where the Guest makes use of any advice given by the owner or its representatives. In the event that property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then the owner, of the lost or stolen items. The owner will make good and secure the Property and this will be the extent of his liability to the Guest under such circumstances.
- The owner and/or his representatives may enter the Property at any time, without notice, for the purposes of protection and/or maintenance of the Property. Wherever possible, the owner will provide notice to the Guest prior to such entrance.
- The Owner accepts no liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance cover. The owner provides information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise implied.
- The Guest must ensure that Children are supervised at all times. It is the policy of the owner that all Children under the age of 18 years are not left in rental accommodation un-supervised during the rental period.
- The Owner does not accept any liability for the acts or omissions of any agent. These include but are not limited to, airlines, car-hire companies, travel agents, ticket agents, or utility providers.
- The Owner does not accept liability for failure of pool heat to provide adequate heating where pool heat is provided via an electrical heat pump, and where the outside air temperature drops below 55 degrees Fahrenheit. Electric heating pumps do not operate effectively below this temperature, and failure of such devices to heat the pool is outside of the owner’s control, and is regarded as an act of nature (see below).
- The Owner does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majure that may have a deleterious effect on the Guest.
- The owner does not accept liability for removal of the Property from the market place, that results in the Property becoming unavailable for the Rental Period. Wherever such an event occurs, the owner will offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that the Guest refuses the offered alternate property, then the Guest may cancel the booking, and the owner will refund the Total Rental Fee.
Guests must ensure that noise is kept to a minimum especially at night and the early hours of the morning. Music must not be played outside after 10 PM or before 10 AM. Complaints from neighbours about excessive noise or unruly behaviour may lead to us asking you to vacate the premises.
- The villa must kept clean and tidy at all times. Before guests leave we ask that all pool towels are washed and dried the day before departure. All dishes are washed, dried and put away. All rubbish is to be taken to the local bin area. The villa should be left as it was found. The cleaners are only there to change bedding, clean toilets and give a general clean. Please remove all bedding from beds that have been used and leave on the floor so that the cleaner knows which beds have been used. If you use the barbeque please clean it before you leave. If these conditions are not adhered to then we reserve the right to deduct extra cleaning bills from your deposit.
- Smoking is not permitted in the villa. If you do smoke then please do not throw doubts in the garden as this could lead to an extra cleaning bill being deducted from your deposit.
- It is the responsibility of the guests to make sure the villa is locked and the alarm is activated when leaving the property for any length of time. Any damage or loss resulting from failure to lock up properly and alarm the premises, providing that the alarm is functioning, will be the sole responsibility of the guests and the owner will seek reimbursement for any such loss.
- It is not the responsibility of the Owner for any noise or disturbance from other properties or surrounding area.
- Failure to comply with any of the terms herein may, at the sole discretion of the owner, result in the eviction of the Guest from the Property, without recompense or refund.
- Any Disputes arising from this agreement are to be settled in Spanish Law in a Spanish court.