TERMS AND CONDITIONS FOR RENTING A HOLIDAY PROPERTY, GOVERNING THE RELATIONSHIP BETWEEN YOU (hereinafter, the "Client") AND THE OWNER OF THE PROPERTY, WITH THE INTERMEDIATION OF "CASASOL NERJA, S.L." (Hereinafter, CASASOL)
1. - Payment and contracting conditions
The "Client" may book his/her reservation through the CASASOL website or by telephone. The client will receive, within the shortest amount of time possible, confirmation of the booking in writing, preferably via e-mail. The Client, within the 48 hours following the booking confirmation, must make a payment on account of 30% of the total amount of the stay, stating at that moment the knowledge and acceptance of these "Terms and Conditions." This payment shall be made via bank transfer or by credit card or debit card.
The rest of the rental amount must be paid by bank transfer prior to entering the house or in cash upon delivery of the keys.
"CASASOL" reserves the right to cancel the booking if the deposit of 30% of the lease has not been made within a period of 48 hours.
In the event that the booking is made with at least 30 days from the start date of the lease, the "Client" shall pay the full amount of the lease in advance.
2. - Services and Prices
Prices quoted by "CASASOL" are per week and accommodation is available on the dates indicated. The minimum stay is 7 nights. Extra expenses such as final cleaning, bed linen and others may or may not be included in the total price of the lease, depending on the type of housing hired. For long term rentals, prices shall be quoted by calendar months. The "Client" will bear the cost of electricity and gas, which will be billed based on the consumption measured by the meters, and in accordance with the price rates of the utility suppliers. In any case, the extra expenses to be borne by the "Client" will be detailed by "CASASOL" in the written confirmation of the booking.
The general information provided for each location (transportation, shops, restaurants, sports facilities, etc.) and for each property (facilities, bed linen, etc.) is updated annually. "CASASOL" will not be held liable for any variation that may arise later, nor for the lack of correspondence with reality, any disruptions which may occur in the satellite TV services or for variations in the programming of these services.
3. - Price and service changes
"CASASOL" lists the descriptions and prices of the properties on its website. Despite the best efforts to ensure that such information corresponds to reality, there may be some variation in some cases which shall be communicated to the "Client" upon confirmation of the booking. In the event that such variations are produced after the confirmation of the booking, "The Client" may cancel the contract without any expense on his/her part, within 7 days of the confirmation thereof, with a full refund of the total payment made.
4. - Arrival and Departure of the "Client" to the rental property
The arrival to the rental property can be made after 16:00 on the day of the start date of the lease, and the "Client" must leave the property before 10:00 on the last day of the lease. In this regard, "CASASOL" shall duly inform the "Client" of the pick-up and drop-off of the keys to the property. With the prior written consent of "CASASOL", the "Client" may enquire delay the departure until 18:00, paying a processing fee.
In the event that the "Client," for reasons not attributable to "CASASOL," cannot occupy the property for any of the agreed rental days (late arrival or early departure), the latter will not be obligated to refund the former.
If the "Client" wishes to extend his/her stay, he/she must make a request in the booking office as soon as possible. "CASASOL" will confirm or reject the request according to availability.
5. - 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 up to 91 days before the start date of the lease, 30% of the full amount.
* From day 90 prior to the start date of the lease, 50% of the full amount.
* From day 30 prior to the start date of the lease, 100% of the full amount.
The cancellation shall be effective from the moment "CASASOL" or its agent receives notification of the cancellation in writing.
"CASASOL" recommends signing up for cancellation insurance to cover the costs of cancelling the agreed lease, which must be contracted at the time of booking. The cost of the insurance amounts to 4% of the total amount of the lease and covers cancellations made up to 24 hours before the start date of the lease in cases of sudden illness, accident or death affecting the "Client", a fellow traveller or family member (spouse, partner, children, parents, in-laws, grandchildren, siblings or grandparents). To claim the insurance, a medical certificate or death certificate, if applicable, will be required, with the "Client" bearing the costs incurred with the application and processing of these certificates, which must be submitted no later than 72 hours after the notification of the cancellation. The accepted claims, upon the fulfilment of the above requirements, will result in the full refund of the agreed lease, with the exception of 4% of the cancellation insurance and a 30.00 € administrative fee.
6. - Alternative or cancellation of the contract by "CASASOL"
In cases of force majeure or the supervening impossibility of leasing the property, the "Client" may choose, when technically possible, to substitute the leased property for another with similar characteristics, or cancel the contract with a full refund of the total amount already paid.
7. - Obligations of the "Client"
The number of people with access to the leased property shall be that as stated in the contract or booking confirmation, counting children or babies, and the owner or manager of the property will have the right to prevent access to the property if the agreed number has been exceeded.
Prior to arrival, "The Client" must provide "CASASOL" with his/her credit card details (Visa, MasterCard, etc.). On the day of arrival to the house, CASASOL will hold a retention on said card of an amount, depending on the accommodation, that will be between 200 and 1000 Euros, without prejudice to its specific determination. This amount or deposit will not be charged to the client, but will be "retained" until the departure, when it will be returned, once the rental period is over, deducting, as the case may be, the costs of any damage that would have been caused in the house and its furniture and equipment, or the cost of electricity or gas in case of long-term rentals or the replacement of lost keys or remote controls, as well as if the amount of the deposit does not cover them, in which case "The Client" must pay the difference. "CASASOL" reserves the right to charge these amounts to the mentioned credit card. In any case, the retention of the amount on the client's credit card will be cancelled no later than 72 hours after departure.
At the end of the lease, the "Client" agrees to leave the property in the same state and cleanliness in which it was received (As a guideline: Clean dishes placed in the appropriate shelves, refrigerator without food debris, waste deposited in corresponding containers), even if the cleaning was included in the price of the lease or if a final cleaning has been hired. "CASASOL" reserves the right, in case of breach of the foregoing, to deduct from the deposit the amount necessary for special cleaning charges.
The "Client" agrees to observe the rules of behaviour for the sake of other residents of the area where the property is located, as well as the rules of the homeowners’ community. In the event that such rules are breached or inappropriate behaviour, both the owners and "CASASOL" shall reserve the right to terminate the lease contract with an immediate effect and without notice, without any obligation to refund the amount paid for the lease.
8. - Claims
Although "CASASOL" carefully controls the state of the properties, if the event that damage to the leased is found, the "Client" must immediately notify the offices of "CASASOL" (Telephone (+34) 952 52 62 48 or E-Mail: firstname.lastname@example.org) within a maximum of 48 hours after entering the property. "CASASOL" will not be liable for any claim that has not been communicated within this period. If the fault cannot be resolved within a reasonable period of time, the "Client" may file a claim no later than 14 days at the booking office, stating the name and surname of the contact person during his/her stay.
9. - Responsibilities attributable to "CASASOL"
If the booked property has serious deficiencies that prevent its normal use, "CASASOL" agrees to find an alternative solution with similar characteristics and price. If this is not feasible due to the lack of available properties or because the "Client" rejects the alternatives offered, all or part of the booking amount will be refunded in proportion to time spent in the accommodation, without "CASASOL" having any additional liability.
"CASASOL" shall also not be liable in the following cases:
a) Negligence or omission of a third party service.
b) A failure or malfunction of pools, children's play areas and sports facilities of any kind, these being under the strict responsibility of the user.
c) Theft or larceny in the property.
d) Damage to persons or things caused by force majeure or unforeseen delays to which neither "CASASOL" nor its representatives can repair.
Therefore, the liability of "CASASOL" is limited to its role as intermediary, in accordance with its scope, effectively developed thereby, and shall not bear any liability legally entitled to the property for holiday rentals.
In any case, the "Client" accepts that the economic responsibility of "CASASOL," for any moral damage that may result from its intermediation, shall be limited to the total amount paid for the lease.
10. - Validity and jurisdiction
The reservation of a property shall entail the acceptance of the above stated terms and conditions governing the holiday property lease contract relationship between the "Client" and the owner of the property. "CASASOL" acts as an intermediary between the two, being responsible for the proper execution of the mediation in accordance with the Spanish legislation.
For any matter arising from the interpretation and effect of the lease contract and these terms and conditions, the parties voluntarily shall submit to the jurisdiction of the Courts of the municipality of Nerja, expressly waiving any other that may apply.
11. - Data Protection
In accordance with the provisions of Organic Law 15/1999, the "Client" is hereby informed that his/her personal data will be included in a personal data file of "CASASOL," being entitled to exercise, in the offices of "CASASOL", the rights recognised in the LOPD (Data Protection Act).