When booking a holiday home, the following conditions apply.
1 Binding agreement
The agreement comes into force and is binding for the parties when the booking fee has been paid. The remaining rental amount must be paid no later than 30 days before the rental period comes into force.
The tenant is responsible for carefully checking that the information in the booking confirmation is correct. If the booking fee or final payment is not made before the due date, the tenant shall therefore be considered to have made a formal cancellation.
2 Rules for payment
The booking fee must be paid by the latest date according to the invoice. Method of payment appears in the booking confirmation. The remaining amount must be paid no later than 30 days before the rental period comes into force. If booking is made less than 30 days before the rental period, the total rental amount must be paid immediately. Unless otherwise agreed.
3 Rules for cancellation/refund
If the tenant cancels 30 days or more before the rental period comes into force, 50% of the booking fee will be refunded to the customer.
If the tenant cancels less than 30 days before the start of the rental period, no refund of the remaining rental amount will be made.
Reimbursement of paid rent is also not issued due to events that are due to third parties and or unforeseen events that Calasol could not foresee or influence (Force Majure).
4 Cancellation protection
We always recommend our customers to have cancellation protection with financial compensation in case a holiday stay should suddenly have to be canceled due to, for example, canceled flights, bankruptcies, sudden illness, accident or death.
Insurance companies and the majority of banks today offer cancellation protection as an addition to the family’s home insurance or banking services.
5 Rent and disposition
The rent applies to the entire holiday home for the agreed period and includes the right for the number of people specified in the booking confirmation to dispose of the home. The rent includes a preliminary cleaning before arrival.
In order to gain access to rented housing, a deposit must be paid in cash upon arrival. The size of the deposit fee is made in consultation with the homeowner and can therefore vary between different properties. The deposit fee refers to payment for any damages and is refunded on departure if the home with associated fixtures, equipment, keys, etc. is left in the condition in which it was received.
6 Information about the holiday home
The homes are usually privately owned and are rented out fully furnished with beds and seats for the set number of people and are equipped with glassware, crockery, cutlery, household utensils, duvets, pillows and linen (bed linen and towels)
7 Right of disposition
During the rental period, the holiday home must be exclusively at the tenant’s disposal, however, with the exception of gardeners, pool attendants, etc. and the rental company’s site representative, who has the right to inspect the holiday home during the rental period
8 Tenant’s obligations
Check-in and handover of keys to the holiday home takes place after the agreed time on the day of arrival, unless otherwise agreed. For arrivals after 20:00, an extra fee of €50 is charged. It is the tenant’s responsibility to check the inventory against the inventory list upon arrival.
The holiday home may not be used by more than the specified number stated in the booking confirmation. The tenant and his fellow travelers are obliged to take good care of the holiday home and follow the rules, instructions and regulations that apply. The tenant and his fellow travelers are responsible for costs in connection with possible damage to the home and its furnishings and fixtures and for careless handling. The damage sum is deducted from the deposit fee. In case of major damage, settlement must take place before departure. Any insurance cover for the tenant and his belongings during the rental period in the holiday home is arranged and paid for by the tenant himself. Damage, problems, errors or deficiencies relating to the home, which occur during the rental period, must be reported immediately to the property ring for action. If the tenant does not immediately notify Calasol of damage, problems, errors or defects, the home is considered to be in order in the home. It is the tenant’s responsibility to clean the holiday home on an ongoing basis, do laundry and empty rubbish according to regulations during the rental period. The tenant is asked to never leave the air-conditioning on when the windows and doors are open and when they are not in the property, otherwise this can become a big expense.
The tenant is expected to leave the home in the condition in which it was received. The tenant may not assign the tenancy right or sublet the property.
The tenant may not move furniture or fixtures out of the house to another location as these belong to the private holiday home.
Check-out usually takes place no later than 11.00, unless otherwise agreed.
9 Calasol Rentals’ obligations
Calasol Rentals is responsible for the correctness of the information in the description of the holiday home. If Calasol is guilty of breach of contract, financial losses (not personal injuries) are compensated. Calasol Rentals’ liability for compensation, when all guests’ claims are included, is limited to the rental amount. Calasol is not responsible for the actions of the tenant or his fellow travelers
or negligence. Calasol Rentals is also not responsible for damages or losses that affect the tenant or his fellow travelers in the event of a burglary. The use of the holiday home and its furnishings and fixtures, pool, patio, etc. is entirely the tenant’s responsibility. If the tenant, for reasons not caused by Calasol Rentals, has not used the holiday home, the tenant cannot claim compensation for this.
10 Fault reporting and complaints
If the customer does not immediately inform Calasol Rentals of any defects, everything is in order in the rental object according to the contract. This also applies to errors that occur during the rental period. External and regional factors such as insects, loose dogs, unfavorable weather or e.g. the condition of public natural areas do not entitle compensation.
11 Contract changes
When the booking confirmation has been sent, it is unlikely, but not completely impossible, that changes in the description of the holiday home occur. If it is a matter of a major change, the customer has the right to cancel the booking free of charge within 5 days of receiving the information. Any rents and fees paid are refunded. Calasol Rentals has the right to price changes 30 days before the rental period begins if taxes, public charges or if exchange rates change so that the rent is significantly affected. If the prices are increased by more than 10%, the tenant has the right to cancel the reservation free of charge within 5 days of receiving the information. Any rents and fees paid are refunded. If unforeseen events prevent the use of the holiday home, the rental company has the right to terminate the agreement before the rental period comes into force or during the rental period. In such cases, Calasol tries to find an equivalent, replacement holiday property for the tenant.
11 Force majeure
Calasol is not responsible for damage that occurs as a result of an insurmountable obstacle or other unforeseen events, which Calasol could not prevent. Force majeure refers to an unforeseen event of an extraordinary nature that precludes the possibility of fulfilling an agreed performance. These events include war, riots, strikes, natural disasters, fires, export bans, etc. that make it impossible for a party to fulfill its obligations. If international regulations or national laws limit or prevent the activities of the rental companies, these regulations apply.
12 Legislation
Spanish legislation applies to the rental.
APPLICABLE LEGISLATION: En todo lo no previsto en el presente contrato, será de applicación lo disposito en la Ley de Arrendamientos Urbanos del 24 de Noviembre de 1994 y en especial lo disposito en su Titulo ll, y subsidiariamente, lo disposito en el Código Civil.
SUMISIÓN DE FUERO: Para cuantas questiones pudieren suscitarse con occasión de la interpratación y fulfillment del presente contro, las partes con renuncia expresa al fuero que pudiere corresponde, se somete a la jurisdiction y competencia de los Tribunales de Fuengirola