These are the terms and conditions of an agreement between Marbella Holiday Rentals Ltd, the property manager of (the property) and the holidaymaker who books the property for the sole use as temporary holiday accommodation for the holidaymaker and his or her accompanying party.
The property manager is represented by Emily Dight and Karen Foster.
Any booking is subject to the terms and conditions of (a) this booking contract and (b) the email correspondence between the property manager and its representatives on the one hand and the holidaymaker on the other.
This booking contract and any emails between the property manger and its representatives and the holidaymaker contain the entire agreement between the parties and forms the basis of any agreement. Please read this carefully. Nothing in this agreement affects your statutory rights.
The booking shall be made and this booking contract shall be effective once the holidaymaker has made the relevant payments by the due dates for the property and has been sent a confirmation email setting out the details of the booking.
The holidaymaker will be required to pay the applicable damage deposit, cleaning fee and/or any other fees as set out in the email confirmation. Failure to do so will mean the reservation is cancelled and no money will be refunded to the holidaymaker. You should carefully check the details of the confirmation email and inform us immediately of any errors or omissions, we will not be liable for any error in the event of your failure to inform us in a timely manner.
If you have only paid any booking fees and /or an initial deposit, you are required to make payment for the balance and any damages deposit and/or any other fees within a certain period prior to the arrival date as specified in the email confirmation. If you fail to make the balance payment due in full and on time we shall be entitled to treat your booking as cancelled and the cancellation policy (as defined below) shall apply.
The damages deposit may be used for any repair and/or replacement of the property, furnishings, fixtures and fittings that are necessary after your stay. We will return the damage deposit if we are holding it or release the block on your credit card to you following the return of the keys to us and after you vacate the property, less any deductions in accordance with the conditions listed above.If the cost of any damage caused by you or your party exceeds the amount of the damages deposit then you agree to pay to us the difference within seven days of your having been notified of the amount payable.
It is a legal requirement that we submit to the Guardia Civil the Passport or National ID card details of all guests over the age of 16. The Information is stored by us in a secure area and is only accessible by our Data Protection Manager. Unless specifically requested by an authorised Spanish authority such as the Police or Tax Inspectorate your information is not disseminated. Our records are destroyed after a period of two years. It is a booking condition that you provide us with or allow us to take copies of all the guest’s (aged 16 or over) passports or National ID cards. We cannot give access to a property until this information is provided to us. Failure to do so will be deemed to be a cancellation on the day of check-in and treated in accordance with our cancellation policy.
If you need to cancel or amend your booking you must write to us or email us as soon as possible. The cancellation policy as described below will then apply.
In the event that any balance required from you is not paid in accordance with the timeframes set out in the cancellation policy; or you do not arrive at the property within 24 hours of your arrival time without notifying us, then we shall be entitled to treat your booking as being cancelled by you and the cancellation policy shall apply.
We would not expect to have to make any changes to your booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking. If we cancel your booking we will refund you any money you have already paid however, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
You can arrive at the property after 3;00 pm and you must leave by 12:00 pm on day of departure. If your arrival will be delayed, you must contact the person whose details are given on the booking confirmation email so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the property. If you fail to arrive by midday on the day after the arrival date and you do not advise the contact of your anticipated late arrival we may treat the booking as having been cancelled by you and we shall be under no obligation to refund you. Please see the cancellation policy for further details.
You agree to comply with the regulations set out in the property manual located at the property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.
You agree not to cause any damage to the walls, doors, windows or any other part of the property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
You agree to take all necessary steps to safeguard your personal belongings while at the property.
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
You cannot allow more people to stay in the property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the property.
You may not take any pets into the property unless permitted by us in writing in advance. If you do so, we can refuse to hand over the property to you, or can require you to leave it.
The property is strictly a non-smoking property and you may not smoke inside under any circumstances.
We will treat any of these circumstances as a cancellation of the booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances.
You agree to allow us or any representative of ours access to the property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this booking contract.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence at the property.
If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 28 days of the end of your booking.
For the avoidance of doubt, you shall always contact us and not any potal through which you may have booked the property if you have any complaint in relation to your booking or the property.
Our maximum liability for losses you suffer as a result of us acting in breach of this booking contract is strictly limited to the amounts received by us in relation to your booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this booking contract. Losses are foreseeable where they could be contemplated by you and us at the time your booking is confirmed by us.
Your booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
Our cancellation policy is that if you have to cancel your holiday then any deposit that has been paid will not be refunded. If you fail to pay for the balance of your holiday at the appropriate time as set out in the booking conditions then any deposit paid will be forfeited and the booking cancelled. If you have to cancel your holiday having paid for it in full then we will endeavour to replace your booking with another guest; if we are able to do so then we will refund 70% of the amount you have paid to us, if we are unable to do so then we will not refund anything to you.
This booking contract (including any non-contractual obligations arising under or in relation to this booking contract) between you and us is governed by the law of the United Kingdom and it is agreed that any dispute, matter or other issue which arises will be exclusively dealt with by the courts in England.
You may not transfer your booking or any rights and responsibilities under this booking contract to any other person, without our prior written consent.
If at any time any part of this booking contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This booking contract, together with the cancellation policy and our email correspondence including the confirmation email contain the entire agreement between us and you relating to the booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this booking contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this booking contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this booking contract.
We will not be in breach of this booking contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.