HOLIDAY ACCOMMODATION RENTAL CONTRACT
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THE BOOKING CONDITIONS
1. DEFINITIONS: The Agent means La Manga Dreams Vacation Rentals , which is acting for each individual Property Owner, ('the Owner'), and which is empowered to enter into a contract on behalf of the Owner with the Client, who is the person in whose name the booking is made, and, in addition, all those entered on the Booking Form and on whose behalf the booking is made. The Client's contract is with the Property Owner.
2. BOOKING: Once a provisional booking of accommodation has been made, the appropriate deposits, should be received by the Agent, within 5 days following the date of the booking being made. Only after written confirmation has been posted by the Agent on the Owner's behalf will the booking of accommodation become valid.
3. TERMS OF PAYMENT: The Booking Form must be accompanied by a non-refundable deposit, and the balance of payment must be received not less than six ( 6 ) weeks before the date of arrival.
If your booking is made lees than 6 weeks before your travel date the full rental cost including the refundable damage deposit will need to be paid at the point of booking or within 5 days.
The owner reserves the right to regard the booking as cancelled if the balance of the price remains unpaid after the due date, and shall be entitled to retain any deposit paid. For bookings made less than eight weeks prior to arrival date, immediate payment of the total holiday cost is required. Remittances made by Eurocheque, or by sterling draft or cheque on a foreign bank will incur a charge of £25.00 to cover collection charges.
A refundable security deposit is required for every booking and will be refunded back to you via bank transfer or PayPal within 10 days of departure if our terms and conditions are met. We will email you once we have made the refund. Guests are required to take good care of the property and its contents and leave the property clean and tidy on the day of departure. All or part of the security deposit will be forfeited if during the hire period there are any breakages or damage caused to the holiday accommodation (including garden and grounds), furniture, equipment, or utensils within the bounds of the holiday accommodation or if after the guest(s) have vacated the holiday accommodation the property requires additional cleaning beyond what would be reasonably expected. Guests would be required to reimburse La Manga Dreams if the total amount of damage and/or extra cleaning charges exceeds the amount of the damage deposit held. If during your stay we become concerned as to the extent of any damage, breakages or disturbance, we reserve the right to enter the property and in extreme circumstances may require the guest(s) to vacate the property.
If this action is taken, it shall be deemed the rental of the property has immediately come to an end and the guest(s) nor anybody within the group shall not be entitled to a refund or any compensation.
Please let us know about any breakages or damage so that we can arrange to replace/repair the item(s) in time for the arrival of the next guests - we don’t always charge for minor breakages if reported to us before departure
The party leader agrees to accept full liability for all loss or damage caused by any member of their party, during the occupation of the villa or apartment and confirms that the FULL cost of repair or replacement will be met
Returning the damage deposit
The damage deposit you pay in your currency and held in a none interest bearing account. We cannot keep cash or an un-cashed cheque for return to you later as the funds must be deposited. After your stay the money less deductions are returned by bank to bank transfer and converted to your currency by your bank. The amount that shows in your account may be slightly different than the amount sent to you because of exchange rate fluctuations and your banks charges.
Your damage deposit will be returned via the initial method of payment , for example if you used your credit / debit card through paypal then this is the method of return, if you paid by cheque or bank transfer then the deposit is returned via bank transfer .
To make the transfer our bank requires the information below which we will request by email after your departure or you can provide it sooner if you wish. If you do not provide the details required within 3 months of your departure your damage deposit less costs will be donated to charity or passed to the owner
1) Bank name
2) Bank address
3) Bank Identifier Code (BIC)
4) Account name
5) International Bank Account Number (IBAN) Or Sort Code And Account Number
6) Your home address
The IBAN is a standardized international account number that allows instant recognition of the three main account identifiers i.e. the country, bank and account number. The BIC is used to identify the beneficiary's bank. A payment instruction from us to the bank which includes the IBAN and BIC can be processed automatically by the bank without manual intervention
4. PRICES: The accommodation prices are based on the rate of exchange Prices may be increased should accommodation costs increase due to changes in the exchange rate, but no additional payments will be requested following settlement of the Final Invoice. Should surcharges imposed after the date of confirmation of the booking exceed 10% of the total accommodation cost the Client has the right to cancel the booking and we will refund in full any monies paid.
4 a. Cleaning. On your first day you must pay linen hire and final cleaning to the key holders, The property will be cleaned prior to your arrival and after your departure, however if your stay is for 2 weeks, we provide a mid-stay clean at your request at local costs. Although the property will be cleaned after your departure, it must be left in an orderly state and all kitchen utensils must be washed. Should the property require extensive cleaning then the owner reserves the right to withhold any monies from the security deposit to pay for the extra cleaning. should the final cleaning charge not be paid in the resort, this will be deducted from the damage deposit at the current rate of exchange plus £15.00 for bank charges and £25.00 for administration costs
The hirer is responsible for taking all reasonable care of the property and its contents. At the end of the hire period, the property and its contents, including all equipment, furniture, utensils, etc must be left clean and tidy which includes the crockery and cutlery cleaned and stored in the appropriate cupboards and ensure that the cooker, oven, fridge and microwave are clean. The hirer shall ensure that no member of the party engages in any activity in or around the villa or apartment and swimming pool which may cause damage, offence to the neighbours, pollution to the water or damage to the structure or filtration equipment, this includes unacceptable anti-social behaviour.
The hirer shall also ensure that the barbecue is cleaned and that all rubbish is cleared away from the property and placed in the communal dustbins. A cost of £30 will be deducted from your damage deposit should it be necessary for the housekeeping staff to either clean the BBQ or disgard any rubbish that has been left after the villa has been vacated
Should the final cleaning fee not be paid this will be deducted from the security deposit and the balance returned
If payment for final cleaning is not paid on arrival this will be deducted from the security bond + 40 Euro administration costs and bank transfer transaction fee's or paypal fees
4 b. The lead guest is hereby made aware that on some estates in La Manga there may be other homes/apartments under construction as there is on much of the Spanish Costa's. Although you are on holiday, your chosen destination is not: normal life continues and this may include the noise and inconvenience of traffic (above and underground) building or roadwork's. Where we are aware of any such work, which could seriously affect the enjoyment of a holiday, we will notify this as soon as possible. The Owner/Management Company will not accept liability for any complaints arising from construction.
Please be very considerate of our neighbours and you are reminded that you are renting a privately owned property and the opening times for swimming pools are generally (April to October) times may vary on each complex due to local Spanish community rules for opening hours
4 c.SELF CATERING VILLA RENTAL ACCOMMODATION
Swimming Pools:- Maintenance and cleaning of swimming pools is the responsibility of our local agents or owners. Clients are asked to help by keeping surfaces free from insects and leaves. We cannot accept responsibility for clients' safety in connection with swimming pools or for the closure of pools for routine maintenance or repairs. Pools are normally open from Easter to the end of October each year but the exact dates vary from property to property and are subject to local climatic conditions.
have been informed that any such pool is having routine maintenance or repairs after your booking has been confirmed we will advise
you before departure.
4 d.SELF CATERING APARTMENT RENTAL ACCOMMODATION
Communal Swimming Pools:- Opening times for swimming pools are generally open from June 1st and ends on the 30th of September each year. times may vary on each complex due to community rules opening times are generally 10am until 3pm then closed for siesta and again open from 5pm until 9pm , theses time may vary due to maintenance or other circumstances out of our or the owners control, Thanks please respect the Spanish way of life.The owner nor the agent cannot accept responsibility for closer in connection with communal swimming pools or for the closure of pools for routine maintenance or repairs. The Rental Client shall not be entitled to any compensation should a swimming pool be closed
5. CANCELLATION BY THE CLIENT: Any cancellation must be made in writing by the person who signed the Booking Form. Cancellation of accommodation will apply from the date of receipt by the Agent of the written cancellation advice. The following charges will apply:
If cancellation is 8 weeks or more before departure - forfeit of deposit.
If cancellation is within 8 weeks of departure or after full payment has been made or if the booking is cancelled by us due to non- payment - 100% of total cost
We strongly advise you to take out holiday travel insurance as soon as your booking has been confirmed. This should cover any cancellation for reasons beyond your control. We reserve the right to cancel any reservation when this is due to circumstances beyond our control. Such circumstances include, but not limited to, failure of equipment, loss of water supply, electricity, adverse weather conditions, threat of war, riot, industrial disputes etc. If such events should occur or if the property is withdrawn from our rental portfolio for whatever reason, we will offer you alternative accommodation of a similar or often ‘upgrade’ accommodation. Should the client not wish to take the alternative accommodation, the deposit shall be forfeit and all other monies returned, except in exceptional circumstances, when all monies will be refunded. This is at the discretion of La Manga Dreams. If a client does not pay the full balance when it becomes due, then we reserve the right to cancel your booking and retain your deposit.
6. CANCELLATION BY THE OWNER: In the very unlikely event that specific accommodation ceases to be available as booked and the Agent is unable to offer the Client acceptable alternative accommodation on behalf of the Owner or another Owner, the Owner will refund the Client all the money paid (including the deposit), and shall be under no other liability.
7. ALTERATIONS BY THE CLIENT: If the Client wishes to change the composition of his or her party, or to alter any arrangements pertaining to accommodation, transfers or any other arrangements undertaken on their behalf by the Agent following the dispatch of the Final Booking Confirmation, a fee of £25.00 per alteration will be charged to cover costs incurred.this includes adding names to the original booking , each name added will charged as per alteration, And any differential in costs between the accommodation that was actually booked by the client
a) Requests for amendments to your booking will be accommodated where possible but cannot be guaranteed. All amendments, re-arrangements or alterations must be requested in writing or email at least 7 days prior to arrival, this includes name changes
If you modify your booking with extra guests / name changes not included on the original booking form without informing us you will be breaking this contract and you booking will be terminated, we shall be unable to accept any liability for any loss, damage or other claim resulting.
Please note if you need to change the lead name on your booking you will need to email us with the details at least 7 days prior to check in
8. INFORMATION: While we make every effort to ensure that descriptions supplied are accurately reproduced, we cannot accept responsibility for errors contained therein or the results thereof. Minor differences between photographs and text and actual property may arise. We reserve the right to alter or withdraw amenities or facilities without prior notice.
9. Occupancy of the Accommodation: Only those persons named on the booking form may use the property without prior agreement. In the event that the maximum number allowed at the property is exceeded without prior agreement, the Owner reserves the right to refuse or revoke the booking at their sole discretion. and the management reserves the right to evict for any
In the event of over-occupancy the landlord has the right to refuse or send away excess persons or to desire the proportional rental costs ( for example 1/7th of the total rental cost ) and a supplementary cleaning costs and extra damage deposits.
La Manga Dreams or its representatives shall be permitted access to the holiday accommodation at all reasonable times during your occupancy.
The Client must keep the holiday accommodation in the same state of repair and condition as at the commencement of the holiday. The accommodation must be left in the same state of cleanliness and general order in which it was found. Should any of the equipment or furnishings in the accommodation being occupied by the Client be lost or damaged the Client will be required to make immediate cash settlement with the Owner/Agent, or (if so requested by the Owner) with the Agent on the Owner's behalf, for any necessary replacement or repair either before or after his or her departure from the accommodation.
9 A. SMOKING: All our properties operate a strict none smoking policy , however smoking is generally permitted on balconies, patios and terraces.
9 B.LOSS OR DAMAGE OF KEYS: Should you lose keys or lock yourself out, spare keys can be collected from the assigned key holders . If it is out of office hours there will be a call out charge of £27.00 ( 40 Euros ) to be paid directly to the person who brings you the spare key, in the event that damage has been caused to the keys or locks and a local locksmith is required the clients will pay all relevant costs of replacement locks / keys / call out charges and labour , the Client will be required to make immediate cash settlement with the Owner/Agent, or (if so requested by the Owner) with the Agent on the Owner's behalf, for any necessary replacement or repair either before or after his or her departure from the accommodation.
9 C .BEHAVOIR :
We would remind all renters that they should behave in a considerate manner, loud music and bad behavior is not
permitted. La Manga Dreams reserve the right to evict anyone causing a disturbance or being a nuisance, without
refund. Violation of the property rules including the throwing or dropping of objects from patios or balconies, will
result in immediate eviction and forfeiture of all rental monies and deposit.
It is your responsibility to ensure that you and the members of your party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances the villa owner/s and La Manga Dreams have the right to terminate arrangements made on your behalf, in which case La Manga Dreams responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a result. Further, you will be liable to reimburse the Company for any expenses whatsoever it incurs as a result of your behaviour.
Offensive or illegal behaviour will not be tolerated and may result in the police being involved.
Offensive or aggressive behaviour or language towards our staff is not acceptable
9 D .SECURITY AND VALUABLES :
Any valuables left at the property are left at your own risk. Neither La Manga Dreams nor the property owner is responsible for their loss. No refund can be given should you decide to vacate the property as a consequence of a burglary
10. AIR TRANSPORT: Please note that we do not sell or make available for sale or process the sale of air transport arrangements in connection with the accommodation described. We will, if required, refer our customers to a company with whom they can book such arrangements.
10 a. AIRPORT TRANSFERS: Please note that we do not sell or supply airport transfers however we can make arrangements in connection with the accommodation described. We will, if required, at the time of booking make any such arrangements and supply details in the final confirmation which company will supply the service , All costs relating to air-port transfers are payable direct to the local company on arrival, The Owner/ Management Company will not accept liability for any complaints arising from the service supplied and all complaints should be taken up with the local company who's details are on the final confirmation.
11. PERSONAL TRAVEL INSURANCE: It is essential, and a condition of booking that the Client and all members of his or her party have personal travel insurance The Agent cannot accept any responsibility in the event that the Client has failed to arrange travel insurance.
12. COMPLAINTS: It should be noted that the Agent is acting only to arrange the booking on behalf of the Owner, and does not accept responsibility for the accommodation. If the Client has a complaint regarding the holiday accommodation he or she must first contact the local representative who will try to solve the problem , It is not acceptable to collect a list of grievances for a letter of complaint once you return home.
The Agent will do its best to help resolve any justifiable complaints regarding the accommodation by the Client in the resort. . If the Client vacates the property before the end of the rental period without the Agent's authorization, the Client shall lose any rights to compensation.
Every effort has been, and shall be, made to ensure that you have an enjoyable holiday. If, however, you have any cause for complaint it is essential that you contact us so that the matter can be investigated with the Owner and, hopefully, resolved. It is often extremely difficult (and sometimes impossible) to resolve issues unless we are promptly notified. Discussion with us whilst you are in residence at the Property will usually enable any problems to be resolved promptly. In particular, complaints of a transient nature (for example, regarding preparation of the Property or equipment malfunction) cannot possibly be investigated unless registered whilst you are in residence. If any complaint is of such a nature that it cannot be dealt with during your holiday, you must write to us with full details within 14 days of your Departure Date
Please note that owners details will not be passed on and remain confidential and will not be disclosed to a third party
13. DAMAGE: Damage to Property
You are responabile for any breakages, losses or damage to your accommodation during your stay and will be asked to pay our representative for any necessary repairs or replacements before leaving the resort. or this will be taken from your Damage Deposit
Neither the Agent nor the Owner shall be responsible for the death or personal injury of the Client or any person named on the Booking Form or other person at the property unless this results from the proven negligence of the Owner, Agent or employees. The Agent and Owner shall not be liable for any loss, breach or delay due to any cause beyond their reasonable control including though not limited to an act of God, explosion, flood, tempest, fire or accident, war or threat of war, civil disturbance, acts, restrictions, regulations, bye-laws, or measures of any kind on the part of any governmental or local authority, strikes, lock-outs, or other industrial actions or disputes or adverse weather conditions. In any such case we shall be entitled to treat the contract as discharged. In the event of such discharge the liability of Agent and Owner shall be limited to the return of sums paid to them in respect of the unused portion of the holiday calculated on a pro rata daily basis less an administrative charge of £50 to cover reasonable expenses.
13.a BREAKDOWN OF MECHANICAL OR ELECRICAL : Neither the Agent nor the Owner can be held responsible for the breakdown of mechanical or electrical equipment such as washing machines,hob, grill, oven, toaster, fridge/freezer, Air Conditioning units ,pumps, boilers, swimming pool filtration systems etc nor for failure of public utilities such as water, gas and electricity /TV/Satellite TV and this does not guarantee that English Satellite TV channels will be available and may be limited to a few english speaking channels. Neither the Agent nor the Owner are responsible for noise or disturbance originating beyond the boundaries of the holiday accommodation or which is beyond their control.The Rental Client shall not be entitled to any compensation
Where we state that a property has Satellite TV. you can expect to receive a limited selection of free to air English speaking channels only which will include BBC1, BBC2, ITV and CH4 and additional free to air channels. The movies and sports channels will not be available. Reception is not as good as in the UK as Spain is on the edge of the satellite 'footprint'. During times of bad weather the television satellite reception will be affected.
English speaking TV channels in Spain cannot be guaranteed as this is a changing situation and governed by European broadcast legislation, hence beyond our control and the client shall not be entitled to any compensation
13.b Properties With Internet Access:
For properties where internet access is available, we ask that you and fellow guests be responsible with its use. Please avoid any excessive downloading, or downloading or accessing of illegal or offensive material. By hiring one of our properties you agree to adhere to all points made clear in the 'Internet access' Below
The User undertakes:-
1. Not to use the WIFI for any unlawful, inappropriate or immoral purpose;
2. That it shall not make any use of the WIFI such that the whole or part of the WIFI is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the WIFI is in any way impaired;
3. Not to use the WIFI for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety;
4. Not to use the WIFI in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including rights of copyright or confidentiality);
5. That it shall not use the WIFI to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of the Owner unless such transmission has been specifically requested by another User of the WIFI;
6. That in the event that it has any right, claim or action against any other user arising out of the use of the WIFI then it shall pursue such right, claim or action independently of, and without recourse to, the Owner;
7. That Owners may block access to certain websites by you on the WIFI, including for example certain high bandwidth websites, in order to share bandwidth more amongst its User group.
8. The User will indemnify and defend Owners against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any Use of the WIFI by the User. The User acknowledges that Owners have no control over the nature or content of information or programs transmitted or received by the User using the WIFI and that Owners do not examine in any way the use to which the User puts the WIFI. The User agrees to fully indemnify the Owner against any claims or legal proceedings arising in connection with User's use of the WIFI which are brought or threatened against the Owner by any other person.
9. Where reference is made to 'Owner' or 'Owners' it is referring to the owner of the holiday rental property
10. The Rental Client shall not be entitled to any compensation should the service fail or not be available
14. ANIMALS AND INSECTS: The Owners/Agents cannot accept any liability for the appearance of mice, snakes, bats or Cockroaches/Ants and other insects and animals in or around the property.
Should you encounter this type of problem during your stay, the owner/Agent will take appropriate action as soon as he has been advised of it. However, in some cases the problem may not be easily nor completely eradicated and cannot be expected to be.
As Spain is a very hot country, it is inevitable that there will be insects of some sort during your stay.
As in all countries which enjoy warm sunny climates, you will at certain times of the year experience problems with insects particularly with ants,cockroaches and mosquitoes. Ants,Cockroaches - It is advisable that food or crumbs are not left out either in kitchens or on terraces/balconies as this attracts ants, cockroaches and/or other unwanted insects, you are expected to "drop off" your own rubbish at dustbins usually situated close by. Please ensure rubbish is disposed of quickly without causing any build up which may attract insects. Mosquitoes are also prevalent at certain times of the year and you may need to take suitable precautions especially in the evenings and during the night
14A. HEALTH ISSUES: It is essential, and a condition of booking that the Client and all members of his or her party possess European Health Insurance Card covering medical treatment in foreign countries. This form can be obtained at any Post Office.
Whether the cost of air conditioning is included in the rental rate or paid for separately in resort, the units must only be used while you are in the property, they must not under any circumstances be left on when you are not in the property.
16. WHILST THE OWNERS : have made every effort to ensure the details contained on the website and on any other marketing material are accurate, the villas and or apartments may be altered, or facilities offered changed with or without notice.* Please note the owners/agents cannot be held responsible should various business/sports facilities or water sports centres within the area are closed/choose to close or take a break
17. FEEDBACK :
We are committed to maintaining high standards and ensuring that Owners are honouring their commitments to you. To assist in this, we would ask you at the end of your stay to complete our standard feedback form, which will be used to notify us of any problems that you have with the Property. Feed Back Form this will constantly help us improve the service we supply or make amends to any problems that are brought to our attention,
Arrival & Departure Times
Check-in should be between 4pm and 9pm on arrival day. Check-out should be between 8am and 10am on departure day. These times have been specified so that there is sufficient time for the property to be prepared on the changeover day. Special arrangements can sometimes be made for leaving luggage, at your own risk, outside these times, but this is dependent on individual owners and agents. If you think you are going to arrive later than 10pm, please let us know well in advance so that alternative arrangements can be sought. A charge may be made by the local agent for late check-in or early check-out
Late/Early arrivals : For arrivals between 22.00 hrs & 23.00 hrs or departures before 7am (at/from the property) there is a charge of 25 Euros payable on arrival to the person that meets you with the keys.
For arrivals after 23.00 hrs – 12.30am (at the property) there is a charge of 35 Euros payable on arrival to the person that meets you with the keys.
*** Please note there is no check in service after 12.30am _ 7.00am the next morning ***
The Agent or owners shall not be obliged to offer the accommodation before or after the time stated and the Client shall not be entitled to remain in occupation after the time stated. Late check outs are not available in summer months. You are requested to contact the key holders the day before departure to arrange the return of the original set of key’s, In the event that keys are not returned upon departure from the property, or in the event of lost keys, a charge of 200.00 Euro will be made to the occupier.
We hope these conditions do not sound intimidating, they are designed
to give you and all other tenants following you the most pleasant holiday possible.
We reserve the right to modify, suspend or discontinue any of the terms of rental of the Site at any time, with or without notice.