TERMS & CONDITIONS, HOLIDAY-CHICLANA S.C.

1. Definitions

Accommodation: Accommodation described in the booking form.

Accommodation provider: the party who actually provides the booked accommodation and further arranges services locally, such as key-holding, cleaning, maintenance, etc., and receives payments payable locally by the tenant under the agreed booking.

Booking agent: the letter himself, any intermediary or other independent organization that handles the administrative processing involved in the booking for the letter and takes payment.

Tenant: the person named on the booking form that makes the booking.

Rent: the total rent as mentioned in the booking form.

Booking: the booking of a holiday accommodation, as described in the booking form.

Booking form: the contract between tenant and letter.

Letter: the person (owner) or company mentioned in the booking form that issues the booking and acts as the representative of the owner.

2.    Scope
These Booking Terms and Conditions apply to all booking agreements between letter and tenant.

3.   Establishment of booking agreement
An agreement will be established subject to these Booking Terms and Conditions as soon as the tenant makes a booking via the Internet, in writing, by e-mail or personally with the letter.

4.   Changes
Changes to the booking agreement and deviations from these general booking conditions will be valid only if agreed in writing between the letter or booking agent and the tenant. Insofar as changes result in higher or lower costs, the resulting change to the rent must be agreed by parties in writing.

5.   Payment
Bookings can be made via the Internet, in writing or by e-mail. Terms and Conditions are being accepted by paying the Booking Deposit or the full amount due. The down payment known as the booking deposit as mentioned on the booking form, must be received by the owner or booking agent within 7 working days after the reservation is made by bank transfer. Payments can also be made by credit card (Visa and Mastercard) via a secure link, directly to Holiday-Chiclana. Not paying on time may result in cancellation of the booking. The remaining balance must be in the booking agent’s or owners possession not later than the date mentioned on the booking form. Payments that are due on arrival in cash should be paid in full on arrival. Part payments will not be accepted. Please note that local ATM´s have a daily limit and may not provide sufficient funds. If these payment terms are not observed the booking agent is entitled to cancel the booking without having to refund the payments that have already been made. Deposits will be refunded only if the booking cannot be honoured due to a cause attributable to the letter or booking agent.

6.   Prices
Prices are stated per accommodation per month per week or per day. The letter reserves the right to amend the booking price if occasioned by changes to owed levies, exchange rates and taxes. Increases in these costs will be charged to the tenant as a net amount without surcharges. We do not accept responsibility for typographical errors in the price list or web publications. If the increase occurs within three months of receipt of the booking form, the tenant will have the right to dissolve the agreement. Amounts already paid will be refunded to the tenant in such cases. After full payment of the rental amount, no price increases will be implemented, unless agreed otherwise in writing.

7.    Dissolution
The agreement will be dissolved (i.e. The booking will be cancelled) if the tenant fails to satisfy the provisions of clause 5. The deposit will be forfeited to defray incurred costs and damage, including but not confined to loss of profits.

8.    Cancellation
The tenant may cancel the rental agreement at anytime in writing. If the tenant cancels the Letter will retain any payments already received unless the Letter can find an alternative client for the same dates and rate. Should this be the case the letter will refund the payments received, less a 75 Euro administration fee. Please note that this cannot be guaranteed. We strongly advise that travel insurance is obtained before traveling.

9.   Insurances
The rent excludes insurances. The owner or agent cannot be held responsible or offer insurance for items stolen from the property or grounds during your stay.

10.  Liability of letter
Under no circumstances whatsoever will the accommodation provider, booking agent or letter be responsible for any loss or loss of value and/or damage to property of the tenant and his co-occupants. If the tenant incurs damage due to deficiencies in the rented property, the letter will not be liable. Damage resulting from non-fulfilment by the letter will be subject to the compensation provided for by law. Letter will not be liable for any other damage.

11.  Liability of tenant
A tenant who books accommodation for or jointly on behalf of other occupants will be jointly and severally liable for the total rent and for damage caused by acts by him and all others present with him in the rented accommodation. A booking will be valid for the number of persons stated on the booking form. The property may not be occupied by more persons than stated on the booking form. Occupancy by a larger number may result in dissolution of the booking agreement and loss of the security deposit. Payments already made will not be refunded in such circumstances and the tenant will owe the entire rent. If the tenant intends to allow more than the permitted number of persons to stay in the rented accommodation, the tenant must, prior to the rental period, submit a written request to this effect to the booking agent. The accommodation provider has the right to refuse such a request or to require an additional surcharge.

13. Age Restriction

Age restriction For persons under 30 years of age and where the co-inhabitants of the accommodation to be rented are also under 30 years of age, it is not permitted to book online without the prior consent of the booking office. Non-compliance with this rule may result in cancellation of the booking.

16. Duration of stay, arrival and departure
The customary arrival and departure days may vary according to the property. Outside the high season it is generally possible to choose any day of the week as the arrival or departure day. A daily surcharge will generally be payable for rentals of less than a week. For more information you should contact your booking agent. The rented property at your holiday destination will generally be available for occupancy between 15:00 hrs. and 17:00 hrs. You should inform the key holder if you expect to arrive after 18:00 hrs. In the event that you arrive later than the time reported in advance to the key holder, the accommodation provider has the right to charge you for any extra costs incurred for handing over the keys. The accommodation provider also has the right to charge a late arrival fee of 30 Euro should you arrive after 21:00pm. On the day of departure you must vacate the accommodation before 10:00 hrs or 11:00 hrs depending on the property. Failure to do so gives the accommodation provider and letter the right to charge you for damages. You may lose your security deposit as a result. Upon departure the tenant is expected to leave the accommodation in a neat and tidy, clean condition. The items in and around the accommodation should be put back in their original location (as upon arrival) and rubbish disposed of in the refuge bins located in the street. Crockery should be washed and stored in the appropriate place. Smoking is not permitted inside the property. Failure to comply will result in an additional cleaning fee for apartments of 50 Euro, town houses 100 Euro and villas 200 Euro per stay. The accommodation provider is authorized to carry out a final check. If the accommodation provider finds that a number of items have not been returned to their location or if the accommodation has not been left in generally clean condition he is authorized to charge the tenant for extra costs. The Tenant shall vacate the property on the date stipulated and hand over all keys.If the property is not vacated on the said date, there will be a penalty chargeable to the Tenant of 700 Euro per day. Loss of keys will be charged at 50 Euro per set.

The tenant must respect the neighbours and the Rules of the Community of owners to which the accommodation belongs. In case of negligence or inappropriate behaviour the Letter reserves the right to cancel the rental contract with immediate effect and without prior notice. In this case the Letter will not have the obligation to return the rental amount paid by the client.

17.  Documents
Upon placing your booking an agent will provide you with general information that you need and where or how to gain access to the rented property.

18.  Changes and cancellations
The tenant has the right to alter or cancel the agreed services in any material respect on account of compelling circumstances. Compelling circumstances mean circumstances of such a nature that the accommodation provider cannot reasonably be held to further fulfilment of the agreement. The accommodation provider may cancel the booking in the event of force major, war, strikes, natural disasters and in the event that the property suffers loss of water or electricity which is beyond their control. Under such circumstances the recipient of the payment will be under obligation to refund any amounts already paid. The accommodation provider reserves the right to replace the rented property by an equivalent property for reasons of quality assurance. Should that not be possible then the contractual liability is limited to the rental price only as far as any damage caused to you is not intentional or an act of negligence by the Letter. The Letter cannot be held liable for inconveniences caused by third parties, that is to say airlines, car rental companies etc. Holiday Chiclana in its capacity as intermediary is exempt from any financial liability arising from the contract between the Letter and Tenant.

19.  Complaints
If you notice a mistake of deficiency at your holiday accommodation, you should report it to the accommodation provider. This may avoid further inconvenience. This will give the accommodation provider the opportunity to resolve the complaint at the soonest opportunity. If your complaint was not satisfactorily resolved at the holiday destination, you must inform the booking agent in writing of your complaint, providing details, in the absence of which the complaint will no longer be admissible. You will forfeit all rights to a refund if you obtain other accommodation or leave the rented property prematurely without first consulting the booking agent. The Letter or booking agent cannot take any responsibility for events caused by customs and or situations typical in the country. For example, power cuts, temporary loss of water supply, toilet paper disposal, barking dogs, cockerels, ants, mosquitoes and noisy neighbours. If there are any problems, the tenant should inform the Letter or Letters agent as soon as possible so that they can try to resolve the issue.

20.  Cleaning costs
You can see on the website and in the price list whether cleaning of the property is included. If cleaning is not included, the costs will be stated. The cleaning costs will be specified together with the rental price on the booking form. These costs are generally payable to the key holder on the day of arrival.

21.  Bed linen and towels
Bed linen and towels (but not beach towels) are usually included in the rental price. In order to verify that this is the case, you should view the property details on our website. 

22.  Extra facilities
In many cases you can request an infants bed, and high chair, provided that you state such needs at the time of booking. There maybe an additional charge depending on the property.

23.  Pets
Most property owners do not allow pets. You may keep a pet in or around the villa only with the explicit permission of the accommodation provider stated on the booking confirmation. There is a mandatory 5 Euro per day per animal supplement for each pet and the accommodation provider may also insist on an increased security deposit. The pet owner must maintain control of their pet at all times and respect neighbours and urbanization rules. Failure to inform the accommodation provider of pets may lead to immediate vacation of the property without compensation. Please be aware that pool maintenance, gardeners and neighbours are asked to report sightings to the property provider.

24.  Parties - Events
It is forbidden to hold parties or events in the rented accommodation. Parties and events are understood to mean any type of meeting where the number of persons present exceeds twice the maximum number of persons permitted to stay in the rented accommodation according to the rental agreement.

25.  Music and sound
It is not allowed to make or play music or make noises, which can be heard outside the boundaries of the rental property.

26.  Construction work
The rental accommodations are usually private properties that belong to individual owners and are typically located in large residential districts. The accommodations are usually not located in holiday parks, so construction work may occasionally occur nearby. This work may be carried out by homeowners or contractors and / or public institutions, with whom we have no relationship whatsoever and over whom we cannot exert any control. Neither the accommodation provider, nor the booking agent, nor letter can be held liable for inconvenience caused by any construction work not commissioned by the accommodation provider.

27.  Satellite TV and Cable TV.
Where descriptions refer to satellite TV or cable TV, it does not automatically mean that reception includes all stations. The mostly foreign owners have decoders that are not always suitable for receiving all international programs.

28.  Water, electricity and Internet
Interruptions to water, electricity supplies and Internet connection are not uncommon in Spain. For various reasons Local and / or regional authorities and / or companies may, for various reasons and / or failure to decide temporary closure and / or reduce distribution. Neither your accommodation provider nor the Letter can be held liable for any inconvenience or damage incurred through such circumstances. Please note that properties described as "rural" in the first paragraph on each property page, have “Agua de Pozo” (well water), which is not guaranteed to be suitable for consumption (drinking) although the water is suitable for normal and everyday use including washing, cleaning etc. Properties described as "residential" have water supplied through the local water network and is Potable (drinkable) although very few people do due to the strong taste of chlorine.  

29.        Electric Vehicles 

It is strictly forbidden to charge electric or hybrid vehicles via the electric network of the rented property without the written permission of the lessor.

30.  Security and Safety
The owner or agents are not liable for any damages or injuries to persons or property belonging to any occupant. The use of swimming pools is strictly at the guest’s own risk. Parents are responsible for the supervision of children particularly in and around pools. No responsibility will be accepted for accidents occurring in and around the property. Children under the age of sixteen cannot be left in the property without adult supervision.

31.  Maintenance Access
To ensure the property is well-maintained access to the property, pool and garden cannot be denied. Your property provider will be able to advice you on arrival of such visits.

32.  Power consumption
A mandatory surcharge may sometimes be payable in certain seasons for properties with heating and / or air conditioning. For more detailed information and the amounts payable, you should view the property details stated on the website or contact your booking agent.

33.  Limitation of Liability
The contractual liability is limited to the rental price only as far as any damage caused to you is not intentional or an act of negligence by the Letter. The Letter cannot be held liable for inconveniences caused by third parties, that is to say airlines, car rental companies etc. Holiday Chiclana in its capacity as intermediary is exempt from any financial liability arising from the contract between letter and tenant.

34.  Jurisdiction and law
The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any issue related to the services and/or content hosted on this website, will be the law of Spain. For the resolution of any conflict that may arise from the use and access to the Web and / or services or content that may be offered, Holiday-Chiclana S. C. and the user agree to submit to the courts and tribunals competent under the law.