Terms and Conditions
La Finca Rental Conditions
Valid from January 1, 2024
Definitions
1.1 Tenant
The person in whose name the booking is made and who is listed first on the booking confirmation.
1.2 Lessor
The person (owner) or company named on the booking confirmation who issues the reservation and acts as the owner's representative.
1.3 The Finca
The rental property with the address Carretera de Gata 32-34, 03730 Jávea, Spain.
Scope of application
These booking conditions apply to all booking agreements between the Lessor and the Tenant.
Establishment of the booking agreement
The contract between the Tenant and the Landlord is concluded once the booking deposit has been received by the Landlord.
General
The Tenant is responsible for all payments, changes and cancellations. The Tenant is responsible for providing the Landlord with the correct contact information and ensuring that all occupants are aware of the property and the lease terms.
Destination information
The Landlord cannot guarantee that all local services or facilities (such as transport, shops, restaurants, sports fields and swimming pools) will be available during the Tenant's stay. It is always possible that some facilities may be closed, especially in low season. Public facilities not connected to La Finca do not form part of the contract and any mention of them is not binding.
Parties, events or commercial activities
If you are planning to hold a commercial activity or any type of function or party, you must inform the Landlord of this before the booking is made. The Landlord must accept the details of your event and additional charges may apply. If you hold an event at the property without informing the Landlord, this may result in the booking agreement being terminated and any payments already made will not be refunded.
Number of persons
A booking is 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 (even for a single event) may result in termination of the booking agreement and payments already made will not be refunded and the Tenant will owe the full rent.
Pets and smoking
Pets are not allowed on the property. Smoking is prohibited in all indoor areas.
Booking information
The Renter must carefully check that the information in the booking confirmation and invoice is correct. Should there be a difference between this information and the data previously provided in a brochure/website, payment of the booking deposit constitutes acceptance of these differences.
Additional costs
Any other additional services not listed on the booking confirmation will be paid in addition to the rent before or upon arrival.
Check-in and check-out
Check-in time is after 4:00 PM on the day of arrival. On the day of departure, the Tenant and all occupants must vacate the accommodation by 10:00 AM. Failure to comply with this will entitle the Landlord to charge the Tenant damages. The Tenant may lose the deposit as a result.
Payment terms and cancellation fees
Bookings can be made via the internet, in writing, by telephone or by e-mail. The booking deposit as stated on the written booking confirmation must be in the possession of the Lessor within 7 working days after the booking. Only then can the booking be confirmed.
The booking deposit is 25% of the total accommodation costs (or otherwise stated). The balance (final payment) must be paid at least 8 weeks before the start of the rental period. If the booking is made 8 weeks or less before the arrival date, the total booking amount must be paid immediately and in full.
If the booking deposit(s) or balance of payment is not received by the due date, the Lessor has the right to cancel the booking without having to refund any payments already made. Deposits will only be refunded if the booking cannot be honored due to a cause attributable to the Lessor.
The booking can be cancelled under the following conditions/with the following cancellation fees:
a) If the cancellation is made 56 days or more before the start of the rental period, the Lessor will charge the amount of the booking deposit(s).
b) If the cancellation is made less than 56 days before the start of the rental period or later, the total price of the booking will be charged.
In the event that the Lessor, due to the cancellation rules of subcontractors, is confronted with costs that are not covered by the cancellation rules, the Lessor has the right to charge these costs to the Tenant.
The booking is considered cancelled when the notice of cancellation reaches the Lessor. A cancellation by email outside office hours (09:00 – 19:00) is deemed to be effective the following business day. If the Renter does not check in, or the check-in is delayed, the Renter is not entitled to a refund of the rent. Changes to the rental period are always treated as cancellations, unless otherwise agreed.
Dissolution
The agreement will be terminated (i.e. the booking will be cancelled) if the Renter fails to comply with the provisions of any of the clauses mentioned. Any payments made will be forfeited to cover any costs and damages incurred, including but not limited to loss of profit.
Cancellation insurance
The rental excludes insurance. The Renter is advised to take out private travel insurance in case of cancellation due to sudden illness, accident or unforeseen events (i.e. natural disasters, pandemics, etc.).
bail
A security deposit is due together with the final payment in addition to the rent. The deposit will be refunded by bank no later than eight days after the end of the rental period. In the event of damage and/or loss of the rented property, and/or circumstances for which the Tenant is responsible, the total damage incurred will be deducted from the deposit. In all cases where the costs of damage and/or loss of the rented property exceed the paid deposit, the Tenant must immediately pay the excess to the Landlord. All cases of breakage, loss and/or damage must be reported to and paid for by the Landlord immediately.
Tenant's Obligations
A tenant who books accommodation for or jointly on behalf of other occupants is jointly and severally liable for the total rent and for damage caused by the actions of him and all others present with him in the rented accommodation. On departure, the tenant is expected to leave the accommodation in a generally good condition – that is, items in and around the accommodation must be returned to their original location (as on arrival), kitchen utensils and surfaces must be cleaned and all rubbish must be removed from the premises. All floors must be cleared of excess dirt. Crockery must be washed and put away in the correct place. The landlord is authorised to carry out a final inspection. If the landlord finds that a number of items have not been returned to their location or if the accommodation has not been left in a generally clean condition, he is authorised to charge the tenant additional costs (minimum €100).
The tenant must treat the accommodation according to generally accepted standards and follow the landlord's house rules, including:
The tenant or any of the residents may not be drunk or under the influence upon arrival.
The tenant and/or one of the occupants must behave in an acceptable manner during the entire stay. This includes: no drunkenness, no music or noise in outdoor areas after 23:00 and respect for the neighbours.
Outside doors must be closed when using the air conditioning and/or central heating.
Failure to comply with the house rules by the tenant or other occupants may result in termination of the booking agreement and the tenant will be liable for the full rent, including the deposit. The house rules will be presented to the tenant before or upon arrival. Use of the facilities, including the swimming pool, children's play areas and sports facilities, is at the tenant's and occupants' own risk. Children must be supervised by their parents at all times, especially when playing in the pool and outside areas. Drunk or intoxicated persons are not allowed in or near the pool.
Complaints and claims
If the accommodation is not in the condition stated in the contract, or if problems arise during the tenant's stay, the landlord must be informed immediately.
If the tenant does not immediately inform the landlord of any observed defects, the accommodation is deemed to be in the condition specified in the contract. This also applies to defects observed during the rental period. Defects reported after the rental period cannot be mutually verified and the landlord is not liable for damages. Any claims must be submitted in writing within 2 weeks after the last day of the rental period.
Liability of the Lessor
The landlord is not responsible for the accuracy of the information provided about the destination. Should the rental accommodation not be in accordance with the contract, the landlord will do everything in its power to remedy the situation without delay.
The landlord's liability for claims from all persons involved is limited to the rental price. Under no circumstances is the landlord responsible for any loss or loss of value and/or damage to the tenant's and co-occupants' property caused by improper use of the rented accommodation.
The landlord is not liable for any acts or omissions of the tenant or a co-user.
The lessor is not liable for any costs resulting from delayed transportation, such as airline delays or cancellations.
Force Majeure: The lessor accepts no liability for damage caused by overwhelming obstacles or other unforeseen events that he could not have prevented. Such reasons include wars, global health problems, pandemics, natural disasters and changes by local authorities.
Changes to the contract
The landlord reserves the right to make price changes up to 22 days before the start of the rental period if there are changes in taxes or other public expenses, or if exchange rates fluctuate, which affects the rental price. Increases in these costs will be passed on to the tenant without additional charges.
The landlord reserves the right to cancel the contract before the rental period begins if unforeseen circumstances prevent the transfer of the accommodation for rental. In this case, payments already made will be refunded.
The landlord also reserves the right to cancel the contract during the rental period if unforeseen circumstances prevent the use of the accommodation. The landlord will refund the money already paid to the tenant. Otherwise, the landlord is not liable for damages in cases relating to clause 17.
Sauna, Central Heating and Conference Room
The sauna can be booked on request and is not included in the rental price.
Air conditioning (hot/cold) is always included in the rental price and central heating can be booked separately at an additional cost (recommended in winter).
The conference room can be booked separately. This is not included as standard in the rental of La Finca.