TERMS & CONDITIONS

INTRODUCTION

Before the rental period, the client receives a HOLIDAY LETTING AGREEMENT and instructions for collecting the keys at the office of ESPANA-HOLIDAY.COM collaborating agents.

ESPANA-HOLIDAY.COM. In some cases, keys are directly delivered to the holiday home. Please do advise your HOLIDAY LETTING AGREEMENT.


LETTING PERIOD
The HOLIDAY LETTING AGREEMENT states the rental period from ‘Arrival date’ to the ‘Departure date’.



HOLIDAY HOME

2.1 Holiday home size

The information on the size of the holiday home is indicated in square meters, and this information is provided by the owner and is calculated based on the external dimensions if any errors are found in the square meters they will be corrected in the information and the advertising within 24 hours. However, ESPANA-HOLIDAY.COM collaborating agents cannot be held responsible for any difference in the square meter measurements.


2.2 Number of guests

The holiday home and the associated plot may, may not be occupied at any time, by more than the number of persons (including children) specified in the HOLIDAY LETTING AGREEMENT. If the number of people stated on the HOLIDAY LETTING AGREEMENT is exceeded, ESPANA-HOLIDAY.COM collaborating agents has the right to expel the surplus guests and retain the deposit. If the tenant does not act within 12 hours of the notification, ESPANA-HOLIDAY.COM collaborating agents has the right to terminate the HOLIDAY LETTING AGREEMENT and without further notice, expel all guests without refund of rental.


2.3 Tents and caravans

It is forbidden to set up tents, caravans and similar temporary accommodation around the holiday home area. ESPANA- HOLIDAY.COM collaborating agents has the right to immediately require them to remove all such temporary accommodation.
If the tenant does not comply with these instructions immediately, ESPANA-HOLIDAY.COM collaborating agents has the right to terminate the HOLIDAY LETTING AGREEMENT with immediate effect and without further notice and expel all residents without a refund of rent.


2.4 Pets and allergies

Pets are not allowed in (nearly all) our holiday homes. ESPANA-HOLIDAY.COM cannot guarantee that pets have not stayed in the house previously.


2.5 Noise

Tenants can - even in holiday areas - be unexpectedly exposed to noise from construction work or similar. ESPANA-HOLIDAY.COM collaborating agents cannot be held responsible for these exposures.


2.6 Swimming pool

If the holiday home includes a swimming pool, the tenant is responsible for the use of the swimming pool. Children should not remain in the pool area without adult supervision.



3. PAYMENT OF RENTAL FEE IN ADVANCE

Prices on the website of ESPANA-HOLIDAY.COM are specified in € (euros). A booking is binding, whether the reservations have been made through the internet or the sales department.


After making the booking, the holiday guests should make sure that the down payment of 20% is made within five working days of making the booking.  ESPANA-HOLIDAY.COM will block the rental period as per the reservation dates.  After receipt of the down payment of 20%, the reservation is confirmed, and ESPANA-HOLIDAY.COM will send a confirmation HOLIDAY LETTING AGREEMENT.


The HOLIDAY LETTING AGREEMENT states the balance due and rental period. The payment date of the balance due must be honoured since home owners have to receive funds before clients’ arrival. No key delivery will take place if the balance due is not paid.


If the tenant pays by credit card, ESPANA-HOLIDAY.COM charges a 1.5% credit card fee (MasterCard & VISA are accepted). A HOLIDAY LETTING AGREEMENT is made available within 24 hours after payment has been received.


3.1 If a reservation is made four weeks before arrival or earlier, the following are the payment rates:

A Payment of 20% of the total price payable must be received by Espana holiday Aps or one of ESPANA-HOLIDAY.COM collaborating agents within five business days after the reservation.

A second payment, which represents the balance of 80% is due not later than four weeks before the rental date and must be received by Espana holiday Aps or ESPANA-HOLIDAY.COM collaborating agents at that time.


3.2 In case of reservations made less than four weeks before arrival date; the following payment rates are valid;

The total price is immediately payable and must be received at Espana holiday Aps or ESPANA-HOLIDAY.COM collaborating agents not later than five business days after the reservation is made.


If payment terms are not complied with, this is considered a breach of contract. ESPANA-HOLIDAY.COM is entitled without notice to terminate the reservation, but will, if possible, give notice to the tenant before termination. A termination of the HOLIDAY LETTING AGREEMENT shall not relieve the tenant from the obligation to pay the rental fees, which are set out by the rules on the cancellation clauses stated under point 5.


Unless otherwise stated in the confirmation, the rent includes the use of electricity, oil, gas (not gas for barbecues) and water.



4. CANCELLATION - Money-Back guarantee


4.1.1 There is money back guarantee in cases where the tenant's stay in the rented house has been made impossible or significantly impaired:
If before the tenant taking up the lease a death occurs in the immediate family, e.g. spouse or children.  


4.1.2 Condition for cancellation with money back guarantee: 
ESPANA-HOLIDAY.COM collaborating agents receives proof of an event warranting the cancellation, i.e. a medical certificate, a death certificate or police report within three days (72 hours) of the event. Fees for the issue of any certificates must be paid by the tenant.


4.1.3 The above cancellation events in 4.1.2 are covered from booking time until moving into the apartment. There is no coverage after the lease commencement or upon early departure due to the above conditions.

4.1.4 If the conditions outlined in 4.1.2 are met and a refund is warranted
ESPANA-HOLIDAY.COM will refund the full amount less 20%, but a minimum of Euro.100 will apply.


4.1.5 For other costs that may arise in connection with an event as in 4.1.2 the tenant is advised to contact his insurance company regarding any insurance.


4.2.1 if the homeowner has no access to his property due to insolvency, outstanding charges etc., ESPANA-HOLIDAY.COM will offer an alternative holiday home for rent, if available.



4.2.2 If the price level of the alternative holiday home is less expensive the difference in price will be refunded.

4.2.3 Money-Back guarantee cannot be invoked in cases of force majeure.


4.3 For ESPANA-HOLIDAY.COMs Money-Back guarantees the following applies:


4.3.1 Cash refund may be considered for the following:                      
where the holiday home is not operational or cleaned
where the use of the holiday home is significantly reduced
where the heating system in the holiday home is out of service
Where an indoor pool is in-operable due to a heating failure. See 6.1

4.3.2 Condition to be met for the Money-Back guarantee to apply:

It is incumbent upon the tenant to advise ESPANA-HOLIDAY.COM immediately after experiencing a dis functioning issue in the holiday home.

ESPANA-HOLIDAY.COM must be given a 24 hour time to repair the damage after the tenant has complained. This concerns only matters of that kind that cannot be attributed to the tenant.   


4.3.3 A cash refund may be payable from the day a valid claim is received by ESPANA-HOLIDAY.COM until the rest of the rental period.

4.3.4 Where the Money-Back guarantee comes into force the tenant may choose:
To vacate the holiday home and get a proportionate share of the rent repaid equally to the remaining days of the lease or request that a replacement property is made available. If the replacement property made available is cheaper, the rental price difference will be refunded; the refund will be based on the remaining portion of the lease. 


4.3.5 Where the Money-Back guarantee comes into force, the tenant will not pay for the cleaning of the original property.


4.3.6 Money-Back cannot be invoked in cases of force majeure.

4.3.7 Force majeure is a clause that is included in the rentals agreement to remove liability for natural and unavoidable catastrophes as asteroids, super volcanoes, cyber threats and nuclear war. It also encompasses human actions, such as armed conflict.

5. CANCELLATION & CHANGES (PANDEMIC)
5.1 A cancellation will only be valid if made in writing or sent by email and is only valid from the date of receipt by ESPANA-HOLIDAY.COM.

No verbal cancellation of any kind will be accepted.

5.2 BOOKING CANCELLATION BY THE CLIENT

Any cancellation or amendment request must be sent to us in writing to email enquiry@espana-holiday.com and will take effect on the day we receive the request.

You will be liable to pay the cancellation or amendment charges shown below.

    •    More than 30 days before arrival date = 20% of the booking price.

    •    29 – 15 days before arrival date = 80% of the booking price.

    •    Less than 14 days before arrival = 100% of the booking price.

There will be no refunds if the client voluntarily decides to stop using the services included in the holiday before the end of his/her stay.

5.3 Covid-19 lock down in Spain will give full refund of the received funds. 

5.4 Covid-19 lock down in home country where the guest is unable to travel, we will provide a voucher on received funds with a validation time of 2 years.

5.5 CHANGES BY THE COMPANY
In case the accommodation could not be occupied because of unforeseen reasons, not attributable to the company, the company has the right to substitute the original accommodation by other with the same or superior characteristics, without any additional payment.

5.6 If the tenant can get a substitute tenant for the same time and the same price, ESPANA-HOLIDAY.COM will accept a name change on payment of a fee of Euro 50. This substitution must be sent to ESPANA-HOLIDAY.COM collaborating agents in writing.



6. ELECTRICITY

6.1 Where a holiday home has a Jacuzzi, you will be advised, in the property description, if there is an extra charge for energy consumption.

All indoor pools which come as standard with the high-end villas are normally heated. Therefore, there should not be an extra energy cost (electricity, oil) for heating such swimming pools. The indoor pools have an average temperature of approx. 26-28°.


7. SECURITY DEPOSIT.

At the request of property owners, a lease is subject to payment of a security deposit which varies depending on the value of the interior of the property. This is charged to the credit card upon key delivery.
The deposit serves to ensure the owner is protected from any damage to the property or its contents. The size of the deposit depends on the size of the property and the value of the contents and equipment. The deposits required are shown in the HOLIDAY LETTING AGREEMENT or the Internet.

The deposit is refunded within two weeks after departure from the holiday home. Should damage to the property and its contents be found the cost of same plus a processing fee will be deducted before the refund is made.
Should the value of the deposit not cover the damages as outlined above, any further monies required will be charged to the credit card provided to
 ESPANA-HOLIDAY.COM. At the time of booking
For rentals of properties during the Christmas / New Year period, the normal security deposit increases (depending on property size) as a possible additional charge for final cleaning.



8. FINAL CLEANING

A final cleaning charge is included in the offer price. The tenant is obliged to leave the property tidy and in good condition. The final cleaning does not include removing garbage from or around the holiday home, washing dishes or other extra work after tenant has departed. Should extra work/cleaning be required in the opinion of ESPANA-HOLIDAY.COM, a minimum charge of Euro 50 will apply.
If after the tenant has departed and following and inspection by ESPANA-HOLIDAY.COM, the property has found to be damaged and not reported by the tenant.  ESPANA-HOLIDAY.COM collaborating agents has the right to charge the tenant for such damage up to two weeks after their departure.


9. DAMAGE.

The tenant is obliged to treat the property with all due care and respect. The tenant must leave the accommodation in good condition except for general deterioration due to wear and tear.
The tenant is responsible for the damage to the property and its furnishings, which might occur during the rental period, and caused by the tenant or others, who have been given access to the rented property. Damage to the house and its furnishings, which might occur during the rental period, shall immediately be notified to ESPANA-HOLIDAY.COM.
Claims arising for damages within two weeks after the tenant's departure, but incurred during the rental period will if found to be correct after inspection by ESPANA-HOLIDAY.COM or it appointed the agent, be deducted from the security deposit.



10. COMPLAINTS & REDRESS.

A tenant immediately upon moving into a property, should within 72 hours,  inspect the property and advise a representative of ESPANA-HOLIDAY.COM  of any damage or non-functioning items.  ESPANA-HOLIDAY.COM will respond promptly and rectify any complaints.

If there is a need to contact ESPANA-HOLIDAY.COM, please use the hotline +34 951 310 462 and be sure to get the name of the caseworker they are in contact with at ESPANA-HOLIDAY.COM.

Written complaints should be addressed to 
ESPANA-HOLIDAY.COM, Collaborating Agents Attn:

Espana holiday online rentals S.L.

Urb. El Rosario, C.C. Nuevo Rosario, Local 2,
CN - 340 KM 188

29604 Marbella, Malaga SPAIN or by email to support@espana-holiday.com

It is incumbent upon the tenant to help prevent a further deterioration of damage or defects, and minimise any further loss or damage for the property owner and ESPANA-HOLIDAY.COM. The tenant must allow ESPANA-HOLIDAY.COM 24 hours to correct or repair any damage.  The tenants must not take it upon themselves to depart from the apartment before the lease expires, without prior agreement with ESPANA-HOLIDAY.COM if they do depart without such prior notice it is at their own risk.  The tenant must allow ESPANA-HOLIDAY.COM the possibility of rectifying the damage or transferring the tenant to another property. ESPANA-HOLIDAY.COM reserves the right, following a legitimate complaint to move the tenant to another property of equal price and quality.
If in the tenant's opinion after a complaint has been submitted and is not satisfactorily settled, the tenant shall send a complaint in writing within 72 hours.  ESPANA-HOLIDAY.COM or the property owner will only consider claims for direct economic damage and will not consider claims for any indirect damage (consequential)or damage of non-economic nature.



11. TECHNICAL INSTALLATIONS.

Many properties have a washing machine, dishwasher, microwave, video, television, satellite dish, radio, freezer, tumble dryer, sauna, solarium, swimming pool, hot tub, etc. As these items are provided free of charge, the tenant cannot make claims for short-term, unforeseen disruptions, damage and failure. The same goes for plumbing and sanitary installations etc.
Should any problems arise about the above, the tenant should inform ESPANA-HOLIDAY.COM so that ESPANA-HOLIDAY.COM can immediately request the home owner to arrange for service as soon as possible.



12. ESPANA-HOLIDAY.COM AS A FACILITATOR. 

ESPANA-HOLIDAY.COM is not the owner of the rented properties, but only rents the properties on behalf of the owners. ESPANA-HOLIDAY.COM represents the property owner's interests in connection with the rental period. If a lease cannot be completed for reasons beyond the control of ESPANA-HOLIDAY.COMs, for example, as a result of foreclosure, default by the property owner or something similar, ESPANA-HOLIDAY.COM is entitled to cancel the lease and refund any money already paid.  However, as an alternative and if possible ESPANA-HOLIDAY.COM may offer the tenant another similar house in the same area and at the same price.



13. LAW.

Spanish law is applicable and the law of the jurisdiction in which the holiday home is located.



14. UNUSUAL EVENTS. 

14.1 If as a result of any of the following
circumstances / force majeure (eg. war, natural and
pollution disasters, epidemics, border closures,
traffic, foreign exchange regulations , strikes, lockouts and other force majeure), which could not be foreseen by the rental agreement, ESPANA-HOLIDAY.COM and the property owner are entitled to cancel the HOLIDAY LETTING AGREEMENT, since neither house owner or ESPANA-HOLIDAY.COM can be responsible for these events. The tenant is as a result of force majeure not entitled to recover all costs incurred. 



14.2 ESPANA-HOLIDAY.COM will not be held responsible should any damage be caused to the holiday home by insects. If in the event of theft or damage to the tenant's private property ESPANA-HOLIDAY.COM similarly
cannot be held responsible.




15. OTHER INFORMATION.
15.1 If the tenant makes a special written agreement with ESPANA-HOLIDAY.COM, this does not override the other rental conditions. 


15.2 Holiday home is rented out on ‘first come, first served’- basis.

15.3 Errors & Omissions accepted.


15.4 We have in good faith tried to pass as accurately as possible information on the holiday home www.espana-holiday.com

15.5 We recommend reading through our website www.espana-holiday.com which gives information on property locations and surrounding areas.


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Appendix to The General Terms for rental on Mallorca - Spain

CONTRACT TERMINATION
The customer has the right to cancel before the end of the contract period. In this case, ESPANA-HOLIDAY.COM has the right to receive the amounts agreed up to that date plus 3% as damages for breach of contract. In the case that the customer has the total sum, i. 100% of the agreed price, a billing will be made under the conditions provided for.

PAYMENTS
After conclusion of the contract, the customer agrees to a down payment of 20% of the total rental price. This amount must be paid to ESPANA-HOLIDAY.COM free of charge within FIVE (5) days and will be deducted from the total price. The amount of this down payment and the final payment depend on the respective rental property. ESPANA-HOLIDAY.COM acts as debt collection agent of the owner / landlord.
If paying by credit card, a 1% fee will be charged. The balance is due 8 weeks before occupancy of the rental property.
For short-term bookings (bookings that are made so quickly that the entire rental price is due), the entire rental price is due upon reservation and corresponding transmission of the payment by ESPANA-HOLIDAY.COM.
If the customer does not make the payments on the respective due dates, ESPANA-HOLIDAY.COM is entitled to resign from the contract in the name of and acting on behalf of the owner / landlord. In this case, ESPANA-HOLIDAY.COM charges the regulated cancellation costs.

RENTAL FEE
The increase in the rental price is only permitted if there are more than FOUR (4) months between the reservation and the rental period and the circumstances leading to the increase did not occur before conclusion of the contract and were not foreseeable at the conclusion of the contract. Price increases from the twentieth (20th) day before the rental date are not allowed.
In the event of a subsequent change in the rental price, ESPANA-HOLIDAY.COM is obliged to inform the customer immediately. In the case of price increases of more than 5%, the customer is entitled to withdraw from the contract free of charge or to request accommodation in an equivalent rental property in the event that ESPANA-HOLIDAY.COM is able to offer such an object. The customer must assert these rights immediately after notification of the price change by ESPANA-HOLIDAY.COM.

TERMS OF PAYMENT
In the event that the customer terminates the reservation, proceed as follows: 1) If the cancellation occurs at least 2 months prior to arrival, the customer must pay 50% of the total rental price. 2) In the event of cancellation less than 2 months prior to arrival, the customer must pay the full (100%) rental price.

CANCELLATION FEES
The cancellation fees are as follows:
• Until the 60th day before the start of the lease: 50% of the total price.
• From the 59th day before the beginning of the lease: 100% of the total price
The customer has the right to prove to ESPANA-HOLIDAY.COM that the damage incurred does not exist or is less than the required lump sum.

ESPANA-HOLIDAY.COM reserves the right to demand higher and individually calculated compensation in lieu of the aforementioned lump sums, insofar as it specifically proves and quantifies that the cancellation resulted in higher costs.

Data protection and privacy policy

Data controller:
Espana Holiday Aps
Algade 5,1
4000 Roskilde
Company registration no.: 24238482

We have registered data about you and/or your company.

You may have heard about the new General Data Protection Regulation ("GDPR"), that comes into effect May 25, 2018. We inform you that your data has been incorporated into a file under the responsibility of Espana Holiday Aps, with Danish company registration number 24 23 84 82, as data controller collects and processes personal data about you as a customer when have read and accepted “the data protection policy” that Espana holiday can send a newsletter with special offers and you can unsubscribe these special offers at any time.
 
When you use our Subscription  “Send me special offers and promotions”, or when you send a request on our website, you accept that this Policy is applicable.

Which personal data do we collect and for what purposes?

When you have read and accepted the data protection policy, we collect and save information (Name, Email, phone number). (hereinafter ”General Customer Data”).

Note that data is only used for the purposes described. These Data are generally used to improve our product, with sending you special offers in a newsletter.

You do not need to approve the attached certificate of consent and data processing agreement. If we do not hear from you within 30 days you do not inform us. Otherwise, we understand that your data has not been modified, that you agree to notify us of any change and that we have the consent to deal with them to process your offers and newsletter.



Gervasius Invest Aps (Espana Holiday) | Algade 5,1 | 4000 Roskilde | Denmark
Gervasius Invest is registered as Aps Company License No. 24238482



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