Client Rental Agreement V3.2
This Agreement is made on (date) ____________________________________, in Marbella, between:
HolidayRentalontheWeb Limited (hereinafter referred to as the ‘AGENT’), whose company registration number is 109480C and whose registered address is situated at Millenium House, Victoria Road, Douglas, Isle of Man, IM2 4RW, of the first part;
And Name and address of Rental Client (hereinafter referred to as the ‘CLIENT’)
of the second part; for the Holiday Rental of: (address of the Property, hereinafter referred to as the ‘PROPERTY’.)
'HROTW' promotes and manages the properties supplied for letting purposes and features such properties on the website www.HolidayRentalontheWeb.com (HROTW) on behalf of the respective property owners. All properties available through 'HROTW' are serviced by 'HomeCareontheWeb' Property Care and Rental Management services in Spain. The term 'CLIENT' shall be deemed to apply to every member of the party booked to occupy the 'PROPERTY' during the applicable holiday period. Whereby it is agreed by both parties that the following Terms and Conditions shall apply:Property descriptions
'HROTW' takes all reasonable precautions to ensure that the descriptions and prices of properties or services shown on their website www.HolidayRentalontheWeb.com are accurate. However, errors do occasionally occur and 'HROTW' reserves the right to alter descriptions or prices if necessary, whereupon the 'CLIENT' shall be notified and given the option of accepting such alterations.Prices
All prices for 'HROTW' rental properties and associated services are in Euros, and the 'CLIENT' agrees to remit all payments to 'HROTW' in Euros. The price to the 'CLIENT' for the rental period of any selected property shall include:
- Occupation by the 'CLIENT' for the period and times booked of the selected 'PROPERTY' as detailed on the website 'www.HolidayRentalontheWeb.com'.
- Normal pre-arrival clean
- For the avoidance of any doubt, the prices shall not include:
- Car hire
- Transport to and from the airport
- Travel insurance
- Beach towels
- Emergency call-out charges (see 4. below)
- 'HROTW' can supply the 'CLIENT' with additional holiday services, which can be booked via www.HolidayRentalontheWeb.com, and be paid for by the 'CLIENT' upon arrival, by credit card or in cash (Euros only). A valid receipt and a copy of any required contract shall be provided to the 'CLIENT'. Prices for such services are available upon request, and include:
- Chauffeur service to and from the airport
- Weekly or daily cleaning
- Extra sets of fresh laundry
- Welcome food packs and flowers.
- Baby equipment, such as cots and highchairs.
- Disability aids such as wheelchairs and mobility scooters.
- Extra beds (subject to a maximum per property).
An initial non-refundable booking deposit of 25% of the total rental price shall be required by 'HROTW' to confirm the booking by the 'CLIENT'. The balance of the rental price shall be required no later than 42 days (six weeks) before the commencement of the rental. If the balance is not paid by the 'CLIENT' by the due date, the Agreement shall be deemed to be cancelled and the booking deposit forfeited. In the case of a booking made for a holiday rental within 42 days, 'HROTW' shall require immediate and full payment from the 'CLIENT'.Security deposit
A security deposit of between 300€ and 1000€ is required. This can be paid in advance by bank transfer or on arrival by cash or credit card. In the event of a large number of people in one group occupying a property, or if a number of guests within any group are under 21, then 'HROTW' reserves the right to increase any security deposit taken.
Alternatively you can take out our HomeCareontheWeb Low Cost Accidental Breakage Cover at just 1€ per person per night of your stay.Upon departure
Upon the departure of the 'CLIENT' from the 'PROPERTY' at the end of the rental period, the 'CLIENT' agree that the 'PROPERTY' shall be left in exactly the same state and condition that the 'CLIENT' found it upon their arrival, with the exception of the linen requiring to be laundered and the property requiring to be cleaned as a result of normal usage. In the event that extra cleaning and laundry is required as a result of extraordinary or inappropriate usage, such excess cleaning and laundry charges shall be deducted from the security deposit either in cash or from the nominated credit card of the 'CLIENT'. Prices for additional services are published in the Guest Manual provided in the 'PROPERTY' and are also available upon request.
In addition, upon completion of the post-departure inventory check by 'HROTW', for which the outcome shall be deemed conclusive, should any damage or breakages have occurred to the property or its contents, or any inventory be found missing, the 'CLIENT' will be advised of the value of such damage or losses, and this sum shall be deducted within 21 days from the their nominated credit card, including the prevailing credit card charge of 'HROTW', up to a maximum of 100% of the value of the holiday rental price.
Any cash security deposit shall be held by 'HROTW' until 21 days after the completion of the rental. Any applicable deductions shall be made for damage to the property or contents, missing inventory, additional cleaning or laundry or any other requested services, excess cleaning or laundry charges, and any client-generated emergency call-outs or lost keys. Should the cash security deposit not cover any or all of the above circumstances then the 'CLIENT' shall immediately and in full re-imburse 'HROTW'. The balance remaining of any cash security deposit shall be repaid to the 'CLIENT' via transfer to a nominated bank account, for which the 'CLIENT' agrees to accept the charges.Cancellation
In the event of a cancellation by the 'CLIENT', the 'CLIENT' must immediately notify 'HROTW' by telephone and confirmatory email. The email date shall be deemed to be the date when such notice is received by 'HROTW'. In the event of cancellation, the initial booking deposit is not refundable. Thereafter, the following charges shall apply to the full price of the accommodation:
- More than 56 days - Initial booking deposit forfeited
- Between 28 and 55 days - 50% of balance forfeited
- Between 15 and 27 days - 80% of balance forfeited
- Less than 14 days - 100% of balance forfeited
In the unlikely event that 'HROTW' needs to change the accommodation booked by the 'CLIENT', 'HROTW' shall notify the 'CLIENT' and shall offer to provide other accommodation of the same or higher standard, which the 'CLIENT' has the right to refuse, in which case all monies received from the 'CLIENT' in relation to the original property booked shall be refunded, in full and final settlement of any claims by the 'CLIENT'. 'HROTW' reserves the right to make changes or modifications to this Agreement in the light of alterations to their standard trading practices or methods of operation. Such changes shall be notified to the 'CLIENT' in writing. Any other changes or modifications of a material nature proposed by 'HROTW' to this Agreement shall be notified in writing by 'HROTW' to the 'CLIENT' and must be agreed by both parties.Keys
To ensure safe handover of keys the 'CLIENT' must ensure their flight time and/or estimated arrival time are submitted to 'HROTW' 21 days before commencement of the holiday, together with confirmation of their mobile telephone number for 'HROTW' to establish contact with the 'CLIENT' on arrival at the holiday destination. Keys shall be available for the 'CLIENT' to collect from one of our offices during opening hours. Outside of these times keys will be in our 24hr security key box outside our office. Alternatively arrangements can be made for a 'meet and greet' at the property or other designated place at the cost of 70€ (inc. IVA). Should the 'CLIENT' fail to return, or lose, a set of keys then a replacement charge shall be levied at the rate published in the Guest Manual provided in the 'PROPERTY'.Occupancy
The 'CLIENT' must provide the names and passport/identification numbers of all occupants of the property during the rental period at the time of booking. No person, other than those whose details are included on the booking form, shall occupy the property at any time. Properties are available for occupancy from 4pm on the day of arrival and must be vacated by 10 am on the day of departure. Pets are not allowed unless specified on the property details.Emergencies
In the event that a 'CLIENT' loses the key(s) to, or is locked out of, the 'PROPERTY', or has a similar client-generated emergency, and requires the telephone assistance of 'HROTW', or a representative of 'HROTW' is obliged to visit the 'PROPERTY' to supply an additional set of keys or to resolve the problem, the 'CLIENT' shall be responsible for such call-out charges, and/or key replacement costs, as detailed in the Guest Manual provided in the 'PROPERTY' and also available upon request from the 'HROTW' office.
'HROTW' will provide the 'CLIENT' with an emergency telephone number which is available in cases of genuine emergency, between the hours of 6pm to 10pm on normal working days (see below for dates) and between 2pm to 6pm on Saturdays (during Winter months), Sundays and Bank Holidays. A charge may be applied to the answering of the Emergency Telephone Helpline and any subsequent call-outs, as detailed in the Guest Manual provided in the 'PROPERTY' and also available upon request from the 'HROTW' office.
Outside of office hours a premium rate is applied to all calls and call-out charges based on the day, time and duration of the telephone call or visit, all rates for which are published in the Guest Manual provided in the 'PROPERTY' and also available upon request from the 'HROTW' office.
Call-out charges may be avoided if the 'CLIENT' visits the 'HROTW' office during normal working hours in order to resolve the situation.
'HROTW' Office Details
Head Office : Edificio Comercial Urbanoria, 1. Avenida del Golf, La Cala (Mijas-Costa), Málaga 29649
Telephone: (0034) 952 83 95 95.
Normal office working hours: 10am to 6.00pm, Monday to Friday (Winter: October to May), and 10am to 6.00pm, Monday to Sunday (Summer June to September). * Please check current times as season dates can vary
In the unlikely event that the 'CLIENT' has a complaint concerning the holiday rental property, the 'CLIENT' must advise their local 'HROTW' office immediately as most problems can usually be resolved at this point. If the grievance is unresolved, or the 'CLIENT' is unhappy with the service provided by the 'HROTW' local office, they shall be asked to complete a Customer Complaint Report, which shall be submitted to 'HROTW' Head Office. If, on return to their home country, the 'CLIENT' wishes to make a formal complaint, the 'CLIENT' must provide 'HROTW' with details of the nature of the complaint in writing with the signed Customer Complaint Report form attached, and the 'CLIENT' shall send it to the 'HROTW' Client Services Department within 28 days of said return. 'HROTW' cannot consider any complaint received outside of this period, and in the event of any type of compensation award, it shall not exceed the total amount paid for the accommodation booked.Liabilities
'HROTW' shall not be responsible, nor be held in any way liable, for the following occurrences and no compensation shall be forthcoming from 'HROTW', and no deductions shall be permitted from the rental price, in the event of such occurrences:
- failure in any goods and services provided by third party suppliers with whom the 'CLIENT' has contracted, such as car hire, wheelchair hire, etc.
- closing of swimming pool or cessation of any other facilities, published or otherwise, by the community of owners or the particular owner of the rental property (although, in the event of such occurrence prior to the holiday period, the 'CLIENT' shall be notified and given the opportunity to either change accommodation and/or holiday dates, or cancel the booking)
- any water or electrical cuts, defects or breakdown of any equipment or appliances in the property (although, upon notification of the problem by the 'CLIENT', 'HROTW' shall endeavour to restore or replace such service or item within a reasonable time);
- existence of any insects, vermin or other animals within the boundaries of the 'PROPERTY' (although, upon notification by the 'CLIENT', 'HROTW' shall endeavour to eradicate such problem within a reasonable time);
- any noise or disturbance originating beyond the boundaries of the 'PROPERTY';
- any loss or damage to property belonging to the 'CLIENT' or guests of the 'CLIENT' howsoever caused;
- any injury to, illness, or death of the 'CLIENT', or guests of the 'CLIENT', howsoever caused.
The 'CLIENT' must have an adequate and fully comprehensive travel insurance policy.Disposal or Subcontracting of Rights
This Agreement is personal to the 'CLIENT' who may not assign nor dispose of their rights hereunder nor subcontract nor otherwise delegate any of their obligations without the express written consent of 'HROTW'. Whilst accepting full responsibility for its obligations at all times under the terms of this agreement, 'HROTW' reserves the right to subcontract services to associated companies where necessary in order to fulfil those obligations to the 'CLIENT'.Termination
This Agreement shall be terminated forthwith if the 'CLIENT' commits a breach of any of the provisions of this Agreement. In the event that this Agreement is terminated, 'HROTW' may at its sole discretion withhold any monies due to 'CLIENT' to meet any potential claims made against the 'CLIENT' or 'HROTW'.Disputes
Any disputes arising from this Agreement shall be subject to English Law and the jurisdiction of the courts of the Isle of Man.Acceptance of Terms and Conditions
The 'CLIENT' confirms that they have read and accepted the Terms and Conditions applicable to this Booking.