HOLIDAY LETTING AGREEMENT

 

Terms and Conditions

General

  1. Your booking is not confirmed nor accepted until this Agreement is executed by both parties and the first rental payment has been received.
  1. You are entitled to occupy the Property for holiday use only and this Agreement will not give you any security of tenure.
  1. You agree that this Agreement is not an assured tenancy and that no periodic tenancy will start at the end of the Letting Period.
  1. If there is a breach of any of your obligations under this Agreement then we may get possession of the Property and this Agreement will end (but without prejudice to any of our other rights and remedies in respect of any outstanding obligations on your part). This clause does not affect your statutory rights.
  1. If you cancel your booking the Cancellation Policy any payments already made will be forefeited. If you cancel within 28 days of your check in date the final balance will also be due.

If you are prevented from travelling due to restrictions imposed by your government specifically because of the Covid-19 pandemic, and your insurance will not cover the cancellation charge costs, the Owner will allow you to:

  1. amend your reservation to alternative dates within 12 months of your original check in date.
  2. request a credit note for monies paid up to the date of cancellation, which is valid for 12 months from your original check in date.
  1. Only the Other Guests listed (if any) are allowed to use or stay in the Property. If you are expecting overnight visitors, you must inform us. You and your party must not exceed at any time the number of sleeping places. We and our representatives have a right at all times to refuse access to the Property for people who are not members of the party.
  1. Each guest must provide their full name and a copy of their passport at check in. We are legally obliged to register this information with the Spanish National Police.
  1. All references to the singular include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation.

Your Obligations

  1. You agree with us to:
    1. pay the Rent and Bond at the times and in the way set out above;
    2. keep the Property in a good and clean condition;
    3. replace, repair or clean any item(s) which are broken or damaged during the Letting Period;
    4. keep noise from becoming too loud to disturb any neighbours;
    5. give the Property back at the end of the Letting Period in the same clean state and condition it was in at the beginning of the Letting Period (reasonable wear and tear and damage by insured risks excluded);
    6. allow us or anyone with our written permission to enter the Property at reasonable times of the day to check its condition and state of repair, and carry out any necessary repairs and gas inspections, provided we have given you reasonable prior notice (except in emergency);
    7. make sure that your personal belongings are insured. We will not accept any liability for theft of, loss of or damage to personal belongings;
    8. give a forwarding address when the Letting Period ends; and
    9. before leaving remove all personal items (including your own furniture and equipment) from the Property.
    10. not damage, make any alterations, changes or additions to the inside or outside the Property.
    11. not damage the Property or any of the contents, and furniture listed on the Inventory.
    12. not do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the Property or cause an increase in the premium;
    13. not use or occupy the Property in any way other than as a private holiday residence for a maximum of 12 people; and
    14. not assign, sublet, charge or part with or share possession of occupation of the Property or any part of it.

Our Obligations

  1. Subject to you paying the Rent and performing your obligations under this Agreement you may peaceably hold and enjoy the Property during the Letting Period without interruption from us or any person rightfully claiming under or in trust for us except for the provision of cleaning, gardening, pool cleaning and essential maintenance.

Bond

  1. The Bond will be held by us and will be refunded to you as soon as possible at the end of the Letting Period (but less any reasonable deductions properly made by us to cover any reasonable costs incurred or losses caused to us by any breaches of the obligations in this Agreement by you). No interest will be payable to you in respect of the Bond.
  1. The Bond will be paid to you as soon as reasonably possible, however we will not be bound to return the Bond until after we have had a reasonable opportunity to assess the reasonable cost of any repairs required as a result of any breaches of your obligations under this Agreement.
  1. If at any time during the Letting Period we are obliged to deduct from the Bond any reasonable costs due to any breach of your obligations you must make additional payments as are needed to restore the full amount of the Bond.

Liability

  1. We do not accept any liability for injury, damages or loss caused, or for any such claim by a third party as a consequences of actions by the Holiday Guests and Other Guests during the period of the let.

Contract Breach

  1. If there is a breach of any of these conditions by any of the Guests, we reserve the right to re-enter the property and terminate the tenancy without notice nor prejudice to the other rights and remedies of the Owners.

General

  1. Any notice or other document must be served on the Holiday Guest or the Owner during the Agreement at by recorded delivery at the address of the receiving party given in the Agreement, unless the party has notified the other of a different address at which notices are to be served. Notices are deemed served the day of receipt. In the event that a notice has to be served during the Letting Period, the Owner may deliver the document to the Holiday Guest at the Property by hand.
  1. A person who is not a party to this Agreement cannot enforce any of its terms.
  1. This Agreement shall be governed by and interpreted according to the law of Spain and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Spanish courts.
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