General conditions
GENERAL CONDITIONS FOR THE RENTAL OF A SEASONAL HOME THAT GOVERN BETWEEN YOU. (hereinafter "The Client") AND THE OWNER OF THE HOME, WITH THE INTERMEDIATION OF "MATEOS & FOHRENBACH, S.L." (Hereinafter CASASOL)
1.- Payment and contracting conditions
The User (“The Client”) declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. "The Client" may make a reservation through the CASASOL website or by telephone. As soon as possible, you will receive confirmation of it in writing, preferably via e-mail. The Client, within 24 hours following the confirmation of the reservation, must make a payment on account of 30% of the total amount of the reserved stay, declaring, from that moment, the knowledge and acceptance of these "general conditions ". The rest of the rental amount must be paid prior to entering the house.
Said payments may be made by bank transfer, credit/debit card through a secure payment gateway with SSL connection (Secure Socket Layer), or in cash at our offices up to the maximum amount allowed by current regulations.
In cases of direct reservations or through the website www.nerjaholidayrentals.com, "CASASOL" reserves the right to cancel the reservation in the event that the client has not made the payment on account of 30% of the rental amount within the term 48 hours.
In the event that the reservation is made at least 30 days before the start date of the lease, "The Client" must pay the total amount of the lease in advance.
Reservations made through portals owned by third parties, such as Tripadvisor, Airbnb, etc. which manage the payment with the client, will be subject to the payment/cancellation conditions of the aforementioned portals, without "CASASOL" having any responsibility in this regard.
2.- Benefits and prices
The prices published by "CASASOL" are per day and accommodation on the indicated dates.
The total price includes the supply of water, electricity, heating and cooling, as well as cleaning the house at the entrance and exit of new clients.
The leased dwellings are furnished and equipped with the appliances and fixtures necessary for their immediate use according to the number of places in the same. They are delivered with bedding, household items in general, a first aid kit, a cleaning kit, a hand and shower towel per person and 2 rolls of toilet paper in each bathroom, plus a replacement set for stays longer than 7 days.
In long-term rentals the prices refer to calendar months. For this type of rental, the electricity and gas supplies are not included in the price, "The Client" running these expenses, which will be billed based on the consumption measured by the meters and the rates of the energy providers. In any case, the extra expenses that "The Client" must assume will be detailed by "CASASOL" in the written confirmation of the reservation.
“CASASOL” will provide the necessary information for the correct use/operation of electrical appliances or other devices, internal regulations regarding the use of the facilities, dependencies and equipment, pet admission, as well as other restrictions and all the details of the characteristics of the road and access to housing.
The general information of interest provided for each location (tourist information on the area, entertainment venues, restaurants and cafes, shops, nearest car parks and/or existing medical services, means of urban transport, etc.) is updated periodically. "CASASOL" is not responsible for the variations that occur, nor for their perfect correspondence with reality.
Nor will it be responsible for interruptions that may occur in the internet/WIFI or satellite television services and/or for variations in the programming of its channels.
Although many properties include internet/WIFI in the rental price, it is possible that in some rentals this service is configured as optional, and an additional cost must be paid for its use.
The prices offered are final and complete, including taxes, itemizing, where appropriate, the amount of the increases or "extras" applicable to the offer and the additional expenses that will be passed on to the client.
3.- Entrances and exits of "The Client" to the rented property
To make use of the apartment "The client" must check in (traveler registration) online before making the reservation at https://www.nerjaholidayrentals.com/guest-area/checkin/search of all guests present their document of identity for the purpose of complying with current regulations on book-registration and entry parts of travelers.
Entries in the leased property must be made from 4:00 p.m. on the day the lease begins, and must leave the property before 10:00 a.m. on the day it ends. In this regard, "CASASOL" will duly inform "The Client" about the delivery and collection of the keys to the home. With prior written confirmation by "CASASOL", "The Client" may request a delay in his departure until 6:00 p.m., in which case he must pay a supplement depending on the type of accommodation for management expenses, an amount that will be informed. at the time of hiring.
In the event that "The Client" for reasons beyond "CASASOL " could not occupy the house on any of the agreed days of lease (early arrival or departure), the latter will not make any reimbursement to the former.
If "The Client" wishes to extend the stay, he must request it at his reservation office as soon as possible, being confirmed or denied depending on the availability of accommodation by "CASASOL ".
4.- Cancellation of the contract by "The Client"
"The Client" may cancel the reservation prior to the start date of the lease, with the following penalties:
* From the date of confirmation of the reservation until 91 days before the start date of the lease, you must pay 30% of the total amount of the lease.
* From the 90th day prior to the start date of the lease, you must pay 50% of the total amount.
* From the 30th day prior to the start date of the lease, you must pay 100% of the total amount.
The cancellation will be considered made from the moment in which "CASASOL" or its agent has received your request in writing.
If there is a cancellation of the reservation, both by the user and by the operating person or entity, for reasons of force majeure, duly justified, no penalty may be applied.
Reasons of force majeure shall be understood as abnormal and unforeseeable circumstances outside the person who invokes them, the consequences of which could not have been avoided, despite having acted with due diligence.
In no case shall the performance of works, renovation or construction, whether on the public roadway, the property on which the accommodation is located or its surroundings, be considered a cause of force majeure for these purposes, provided that such work has the appropriate municipal license and does not generate noise in excess of the maximum parameters set out in the Regulation for Protection against Noise Pollution in Andalusia.
5.- Alternative or cancellation of the contract by "CASASOL "
In cases of force majeure or supervening impossibility for renting the home, "The Client" may choose, when technically possible, between replacing the rented home with another of similar characteristics or cancelling the contract with reimbursement of the total amount delivered.
6.- Obligations of "The Client"
The number of people with access to the rented property will be those that appear in the contract or confirmation of the reservation, counting children or babies in this regard, and access to it may be prevented by the owner or administrator of the property if exceeds the agreed number. In the event that greater occupancy is detected than that indicated by the traveller when formalizing the reservation (without having obtained prior and express authorization from the owner), it will be grounds for immediate expulsion from the home for breach of contract without the right to any consideration.
Before arrival, "The Client" must deposit the corresponding deposit announced in the reservation confirmation 14 days before the date of entry by credit / debit card. For this, CASASOL sends the client a link to the secure payment gateway. By not receiving the deposit before the entrance, CASASOL will not deliver the keys or allow access to the house.
Said amount or deposit will be charged to the client until his departure, at which time said charge will be annulled, once the lease has ended, deducting, where appropriate, the amount of the damage that may have been caused in the house, its furniture and belongings, loss of keys/remote controls, towels/linen, or electricity/gas supply costs in the case of long-term rentals. In the event that the amount of the deposit deposited will not cover them, the additional difference will be billed to the client.
In any case, the charge initially made on the credit card will be left without effect within 72 hours after the termination of the lease.
At the end of the lease, "The Client" undertakes to leave the home in the same state of order and cleanliness as it was at the time of entry (as a guideline: clean crockery placed on the corresponding shelves, refrigerator without food remains, rubbish deposited in the corresponding containers, etc.), all without prejudice to the cleaning being included in the rental price.
In the event that the client loses a towel, sheet or any piece of lingerie or if the client damages the lingerie and/or towels due to misuse and has stains that cannot be washed, such as makeup, henna tattoo, sun cream , colored dyes etc., you will be charged for their replacement.
"The Client" undertakes to respect the rules of civility and coexistence with the rest of the residents of the property where the home is located, as well as the rules of the Community of owners. In the event that these rules are not respected or of inappropriate behavior, both the property and "CASASOL" may deny the presence of the tenant, requiring him to leave the house within a period of twenty-four hours, without any obligation to return the amount paid for the lease.
CASASOL , the person or persons designated by it, will access the plot where the house is located on a regular basis to carry out maintenance and cleaning tasks of gardens and/or swimming pool. The tenant undertakes to guarantee access to CASASOL , to the property and to the persons designated by them, for these purposes. In any case, and if access is denied, the tenant may not claim anything for these concepts from CASASOL , responding to third parties for the damages caused by the lack of maintenance or cleaning of the plot.
7.- Claims and emergency solution phone
Despite the fact that "CASASOL" rigorously informs about the internal rules of the facilities, use of electrical appliances, dependencies and equipment of the house, and carries out an exhaustive control of the state of the same, in the event of any doubt of urgent resolution, damage or incident in the leased property, "The Client" must notify it immediately through the following notification channels:
Telephone (+34) 952 52 62 48 E-Mail: info@nerjaholidayrentals.com
If the communication relates to any damage, it must be made within a maximum period of 48 hours from access to the property, "CASASOL" not being responsible for any claim that has not been raised within said period.
“CASASOL” will immediately attend to any query or incident raised. If the same cannot be resolved within a reasonable time, "The Client" may file a claim, within a maximum period of 14 days, before the reservation office, stating the name and surname of the person who assisted him during his stay in the House.
This is without prejudice to the fact that both the CASASOL facilities and each of the leased homes have Complaint and Claim Sheets available to users, and a poster announcing them in a visible place within it.
“CASASOL” will provide users with an emergency telephone number that should ONLY be used in the following cases:
a) Theft.
b) Loss of keys: In this case "CASASOL" will send the necessary personnel to provide assistance
c) Forgetting the keys inside the lock (inside the house): In this case, “CASASOL” will send the necessary personnel to provide assistance.
d) Water and/or electricity outages: In this case, the problem will be solved as soon as possible by a qualified specialist, without extra cost for the user, unless the fault derives from their negligent action.
8.- PENALTIES.
a) Loss of keys: €40 for the assi stance provided + the costs of the locksmith to change the lock.
b) Forgetting keys inside the lock (inside the house): €40 + the costs of the locksmith to change the lock.
c) Delay in departure without written permission from CASASOL : €200
d) Access to housing for more people than those contracted: €150 per person per night
e) Not having left the house in the same order and cleanliness as it was when you entered: €200
9.- Responsibilities attributable to "CASASOL "
If the reserved dwelling presents serious supervening deficiencies that prevent its normal use, "CASASOL " undertakes to seek an alternative solution with similar characteristics and price. If this is unfeasible due to a lack of available homes or because "The Client" rejects the proposals offered, all or part of the amount of the reservation will be refunded based on the time spent in the accommodation, without "CASASOL" being held responsible any additional.
In no case shall the performance of works, renovation or construction, whether on the public roadway, the property on which the accommodation is located or its surroundings, be considered a serious and supervening deficiency, provided that such work has the appropriate municipal license and does not generate noise in excess of the maximum parameters set out in the Regulation for Protection against Noise Pollution in Andalusia.
"CASASOL" will not assume any responsibility in the following cases:
a) Negligence or omission of services attributable to third parties.
b) Failures or incorrect operation of swimming pools, playgrounds for children and sports facilities of any kind, the use of which is strictly the responsibility of the user.
c) Burglaries or robberies in the home.
d) Damage to persons or things caused by force majeure or unforeseen setbacks for which "CASASOL" nor its representatives can be held liable.
e) Due to the greater or lesser difficulty in accessing the leased dwellings (field lanes, unpaved lanes, lack of public transport, etc.), the client must check the exhaustive description made in this regard in the information sheet of the living place.
f) For transport or “transfer” services performed by third parties (airport, guides and routes, etc.).
Therefore, the responsibility of "CASASOL " is limited to its intermediation function, according to the scope that it has and is effectively developed by it, not assuming any of the responsibilities that legally correspond to the property in terms of housing rental. per season, to the tenant himself, or to third parties.
10.- Validity and competent jurisdiction
These general conditions are written in Spanish and translated into other languages (French, German, English, etc.), prevailing in case of discrepancies between the translations or doubts about their meaning, the Spanish version.
Once the reservation of a home has been made, the general conditions accepted by the client will come into force, which will govern the rental contract for a seasonal home between "The Client" and the owner of said home. "CASASOL" acts as an intermediary between both, being responsible for the correct execution of the mediation in accordance with current Spanish legislation.