HOLIDAY RENTAL AGREEMENT TERMS AND CONDITIONS

This Agreement is by and between;

  1. El Colo Ibiza S.L. (Trading as ‘EC VILLAS’) of C/Bme.Vte.Ramon No1, 1,1A, Ibiza (with Tax Identification number B57738626) and represented by the sole administrator Frederick Richard Fleming (the ‘Agency’) and
  1. The person firm or company who becomes a client of the Agency through booking a Property via the online Booking Form (the ‘Client’).

GENERAL TERMS AND CONDITIONS

These standard Terms and Conditions govern the Agreement at all times. All warranties conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

BOOKING YOUR HOLIDAY

Object:

  • 1.1  The present contract (Agreement) is a rental contract for non-residential use, in accordance with that stated in Law 29/1994 of the 24th November, of Urban Leases (Ley 29/1994 de 24 de Noviembre, de Arrendamientos Urbanos).
  • 1.2  The parties agree that their respective rights and obligations shall be governed by that stated by the clauses of this contract and by that stated in the Law of Urban Leases and the Civil Code.
  • 1.3 The Property is as defined in the Booking Form and is rented completely furnished.
  • 1.4 The Agreement is made only between those parties named in the Booking Form.

2. Duration of the contract and check-in and check-out of the Property:

  • 2.1 The period of rental and the hours of check-in and check-out are stipulated in the Booking Form.
  • 2.2 At the moment of the check-in, the Agency will provide the Client with the keys and any instructions/booklet related to the Property and a Property in an orderly and clean state.
  • 2.3 The Client will return the keys to the Agency on the last day of the Rental Dates. Failure to do so will result in a penalty payment of 10% of the Rental Price due within 2 working days of the check-out date.
  • 2.4 (i) If the Client requires a late check in between 9 pm and 12 am there will be an additional fee due of 50 Euros. (ii) If the Client requires a late check in after 12 am there will be an additional fee due of 100 Euros. (iii) If the Client checks out early they must let the Agency know immediately

3. Prices and payments

  • 3.1  The price of the agreed rental between the parties is set out in the Booking Form.
  • 3.2  The price of the rental will not be reduced if the Client does not take possession of the Property on the check-in date or they leave the Property before the check-out date, whatever the reason.
  • 3.3  No access to the Property will be authorized if both the total payment of the Rental Price and the Damages Deposit (as defined in Clause 5) have not been made in full.
  • 3.4   The price includes the services of the Agency detailed in Clause 6.
  • 3.5  The Client will pay 50% of the agreed Rental Price within 48 hours of the confirmation of the booking to the deposit account of the Agency (as set out in the Booking Form).
  • The Agency will pay this amount to the Owner within 7 working days of the receipt of funds.
  • 3.6 The Client will pay 50% of the remaining rent into the deposit account of the Agency no less than six weeks before the check-in to the Property.
  • 3.7 The Agency will pay this amount to the Owner at least one month before the Client’s check-in date to the Property.
  • 3.8 In the event of late bookings made less than six weeks before the check-in date to the Property, the Agency will require full payment from the guest within 24 hours of receiving the confirmation of the booking into the deposit account of the Agency, and the Agency will pay the amount due to the Owner within the following 24 hours.

4 Cancellations:

4.1        Cancellation of the booking by the Owner;

  • 4.1.1     In the unlikely event we need to cancel your booking as instructed by the Owner (for reasons beyond our or his/her reasonable control) we will advise you as soon as is reasonably practicable.
  • 4.1.2     If we do have to change your booking we will try and find you a suitable comparable property (in terms of location, Rental Price and size) within our portfolio with the same Rental Dates. If we cannot, you have the following options:
  • 4.1.2.1 Agree to your booking being transferred to another property with a different Rental Date, subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid by you in accordance with this Agreement) will be refunded. If the alternative is more expensive than that originally booked you will have to pay the difference within 5 working days of confirmation and in any event prior to the Rental Dates.
  • 4.1.2.2 Cancel your booking completely and accept a full refund of all monies paid by you up to the date of cancellation, less any administration or other charges incurred.

4.2        In the event of cancellation of the booking by you, the Client;

  • 4.2        You are deemed to have cancelled your booking if:
  • 4.2.1     You fail to pay any amounts due under this Agreement; or
  • 4.2.2     You provide written confirmation of cancellation (such cancellation to be effective when the written confirmation is received by the Agency); or
  • 4.2.3     You breach any other terms of this Agreement.
  • 4.3        Where the above applies, we will use our reasonable endeavours to allocate the Property to another booking with the same Rental Dates. However, we may only be able to allocate the Property to another booking for part of the Rental Dates. The relevant cancellation fee (Cancellation Fee) shown in condition 4.4 is then payable by you (pro-rata in the event of an allocation for only part of the Rental Dates). If we are unable to allocate the Property to another booking, you will be liable for the total Rental Price.
  • 4.4        Cancellation Fees are calculated using the inclusive Rental Dates, and the reimbursement percentages are based on the amounts received as follows:
  • 4.4.1     Up to 60 days before the rental – 80% reimbursement
  • 4.4.2     From 40 – 59 days – 20%
  • 4.4.3     From 29 – 39 days – 8%
  • 4.4.4     Within 28 days – no refund
  • 4.5        In case of any cancellation there will be a minimum 350 Euros per booking as an administration fee due in addition to the above.

5 Damages Deposit

  • 5.1 Damages DepositThe amount of the Damages Deposit stipulated in the Booking Form will be used to compensate damages to the Property or inventory caused by fault or negligence of the Client or their guests.
  • 5.2 The Client will pay the Damages Deposit into the deposit account of the Agency before the entry to the Property by bank transfer or as otherwise stipulated by the Agency.
  • 5.3 The Agency will either repay the Damages Deposit to the Client, or will give the Owner the corresponding amount in the event of damages and will refund the remaining amount to the guest within 10 working days.
  • 5.4 The Client will pay the total amount of the damages caused, including any further amount that exceeds the Damages Deposit within 5 working days of written request from the Agency.

6 Services of the Agency

  • To mediate in all matters throughout the duration of this Agreement between the Client and the Owner.

7 Liability of the Agency

  • 7.1 The Agency is not responsible for any death or personal injury caused by negligent acts and/or omissions of the Owner.
  • 7.2 The Agency does not accept liability for any unusual or unexpected circumstances beyond it’s control or which could not have been avoided even if the Agency had used all possible care.
  • 7.3 The Property may have dangers such as swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such the Property may not be suitable for you, the Client – the Agency does not represent that the Property is totally child friendly. All swimming pools are used at the Client’s own risk. You, the Client accept complete liability for any accidents caused by or arising out of your own negligence, misuse of the Property or failure to comply with local laws and regulations, including any caused due to alcohol and / or any drugs or medicine of any kind.
  • 7.4 If you are injured whilst at the Property, you must report the incident to the Agency within 24 hours of it happening, consult a local doctor and consult your doctor when you return home.
  • 7.5 The Agency does not act as an agent for any supplier of activities, facilities or excursions. If you use any local services your contract will be with the local supplier, therefore we will not be liable for any complaints, claims, loss or damages in relation such services.
  • 7.6 The Agency does not accept any liability for any loss or damage to the Client’s personal property or for any distress howsoever arising.

8 Force Majeure

  • We, the Agency, shall have no liability to you if we are prevented from or delayed in performing our obligations under this Agreement or from carrying out our business by acts, events omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, tempest or default of suppliers or subcontractors.

9 Obligations and responsibilities of the Owner.

  • 9.1 Guarantee and assume the cost of maintenance and repair of the Property, as well as its equipment to ensure it is in perfect working order.
  • 9.2 Maintenance (where applicable) of the pool, gardens, sanitary facilities, air conditioning, and household appliances. The pool must be in perfect condition, in accordance with current regulations and available for use between April and October inclusive.
  • 9.3 To keep the house clean and tidy and equip the house with all necessary appliances and manuals.
  • 9.4 Not to perform maintenance works or improvements during the months of May to October, unless strictly necessary for the proper use of the Property, in which case the repair will take place as soon as possible and at the latest within 24 hours after the disclosure of the same by the Agency or the Client.
  • 9.5 Provide a safe within the Property.
  • 9.6 Provide a security alarm system or similar surveillance system in correct functioning order.
  • 9.7 Put in place a multi-risk insurance policy for holiday rentals covering all risks relating thereto.
  • 9.8 Treat information regarding the Client or potential Client’s provided by the Agency with complete confidentiality.

10 Obligations and responsibilities of the Client

  • 10.1 Carry travel, medical and contents insurance for any personal belongings deposited in the Property.
  • 10.2 Follow all accepted standards of decent behaviour concerning noise, health, integration, coexistence and tolerance of neighbours in the area where the Property is located.
  • 10.3 Not to contact the Owner unless through the Agency, including after the termination of the Agreement.
  • 10.4 Inform the Agency immediately of any damages or problems in or to the Property or its furniture and equipment, so that they can be repaired or replaced as soon as possible.
  • 10.5 Ensure that all locks, alarms and security systems are set at all times where reasonably necessary during the Rental Dates and all precautions are taken to ensure the safety of the Client’s and Owner’s belongings and personal property.
  • 10.6 The Client shall use only the the suppliers (such as, but not limited to, chefs, housekeepers, drivers, nannies, cleaners etc,) provided and/or recommended by the Agency. Failure to do so may result in immediate termination of this Agreement and eviction from the Property.

11 Client Behaviour

  • 11.1 If in the opinion of the Agency, the opinion of the Owner or the opinion of any representative of these, you the Client are, or appear to be, behaving in such a way as to cause, or be likely to cause, danger, distress or annoyance to any individual, or damage to the Property, the Agency may terminate the Agreement and you will be required to vacate the Property immediately. We will have no further liability to you and this will automatically result in the loss of 100% of the Damages Deposit, plus any further addional costs or losses to the Agency as a result thereof.
  • 11.2 No parties or other functions, including commercial activities, may be held at the Property without prior written consent. In the event of the Client hosting a party or similar event, the Agency has the right to immediately claim the Damages Deposit in full (which shall not be returned) and in addition the immediate evacuation of the Property will be required. No ‘DJ /Mixing’ equipment is allowed on the premises of the Property without prior written permission of the Owner or the Agency on behalf of the Owner.
  • 11.3 In the event of the police having to attend the Property for any noise or unfortunate disturbance caused to the neighbours or any other reason, the Client will be responsible for any outcome of this event, including any potential fines or costs to the Agency.
  • 11.4 The Property has a maximum number of permitted guests and unless the Agency otherwise agrees in writing the Client may not allow more guests to stay than the permitted maximum. We reserve the right to invoice you for any such additional persons staying at the Property.
  • 11.5 Some Owners do not allow groups of guests or parties made up of guests under the age of 25 years to make a booking. You must inform us at the time of booking if your party falls within these categories. It is at the Owner’s sole discretion to accept such bookings.
  • 11.6 You, the Client, must not act in any manner or omit to do anything that, in the reasonable opinion of the Agency or the Owner, might invalidate any insurance cover on the Property.
  • 11.7 If you breach any of conditions 11.2 to 11.4 (inclusive), or misrepresent the information given in relation to any of them, the Agency reserves the right to take the following action against you:
  • 11.8.1 denying you entry to the Property; and / or
  • 11.8.2 retaining the full amount of the Damages Deposit ( and should this prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 20 working days or at such other time if necessary to allow the total cost to be determined); and / or
  • 11.8.3 eviction from the Property.
  • 11.9 If you are evicted from the Property in accordance with condition 11.8, the Agreement will be deemed cancelled by you and condition 4.4.4 shall be deemed to apply and you will be liable to reimburse all of the Agency´s related expenses in addition. You will not be entitled to receive any refund.
  • 11.10 Subletting is illegal and will result in the loss of 100% of the Damages Deposit as well as the immediate evacuation of persons staying at the Property.
  • 11.11 In case of any damage this will be deducted from the Damages Deposit for damage. You will be sent an invoice as well as any relevant photos (if possible) to justify the charge within 20 working days after your departure.
  • 11.12 The administrative charges for any damage you or any of your guests may have caused will be deducted from the Damage Deposit as follows:
    • 11.12.1 Up to 500 Euros damage, an administration charge of 30 Euros + IVA
    • 11.12.2 Between 500 Euros and 3.000 Euros damage, an administration charge of 50 Euros + IVA
    • 11.12.3 Between 3.000 Euros and 10.000 Euros damage, an administration charge of 80 Euros + IVA
    • 11.12.4 More than 10.000 Euros damage, an administration charge of 150 Euros + IVA
    •  11.12.5 You must pay and transfer the Damages Deposit no later than 7 working days before your arrival. In the event of the Damages deposit not being paid the Agency reserves the right to denying the Client access to the Property for unfulfillment of the Agreement and these Terms and Conditions.
    • 11.12.6 You will be refunded the Damages Deposit within 20 working days of the check-out day
    • 11.12.7 The Damages Deposit is in no way deemed to be a payment method but only a provision for any damage you may cause and this Damages Deposit can not be used to pay any bill you may have incurred during the Rental Dates

12 Breach

  • Failure to comply with the clauses of this Agreement will be grounds of termination thereof, without right to refund of any amount paid.

13 Complaints

  • Any issues or complaints concerning the Property and/or the services provided by the Agency MUST be raised directly with the Agency during the period of the Rental Dates otherwise such issues and/or complaints may not be considered as valid by the Agency and the Agency shall have no obligation whatsoever to deal with these.

14 Data Protection

  • The Client acknowledges and agrees that it’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by an on behalf of the Agency in connection with this transaction.M/li>

14 Jurisdiction

  • For any dispute arising from this contract the parties submit to the Courts of Ibiza, expressly waiving their own jurisdiction if different.