Client Rental Agreement V3.3
This Agreement is made on (date) ____________________________________, in Spain, between: HomeCareontheWeb S.L. (hereinafter referred to as HCOTW), whose company registration number is B92982552 and whose registered address is situated at Avda Del Golf,Edif.Com.Urbanoria No1, La Noria Golf. 29649 La Cala de Mijas, Malaga Spain 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.)
Basis of Agreement
HCOTW promotes and manages the properties supplied for letting purposes and features such properties on the website www.HolidayRentalontheWeb.com on behalf of the respective property owners. All properties available through HCOTW 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:
HCOTW 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 HCOTW reserves the right to alter descriptions or prices if necessary, whereupon the CLIENT shall be notified and given the option of accepting such alterations.
All prices for HCOTW rental properties and associated services are in Euros, and the CLIENT agrees to remit all payments to HCOTW 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)
- HCOTW 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 HCOTW 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, HCOTW shall require immediate and full payment from the CLIENT.
A security deposit is required as specified on the web site. This can be paid in advance or on arrival by bank transfer 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 HCOTW reserves the right to increase any security deposit taken.
All guests over the age of 16 years are required to present a valid passport or photo identification on arrival before occupying the property. All such guests names must be entered at time of booking.
Upon the departure of the CLIENT from the PROPERTY at the end of the rental period, the CLIENT agrees 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 any damage or breakages or 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 clients security deposit.
Security deposits are normally returned to CLIENT within 21days after departure.
In the event of a cancellation by the CLIENT, the CLIENT must immediately notify HCOTW by telephone and confirmatory email. The email date shall be deemed to be the date when such notice is received by HCOTW. 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 HCOTW needs to change the accommodation booked by the CLIENT, HCOTW 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. HCOTW 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 HCOTW to this Agreement shall be notified in writing by HCOTW to the CLIENT and must be agreed by both parties.
To ensure safe handover of keys the CLIENT must ensure their flight time and/or estimated arrival time are submitted to HCOTW 21 days before commencement of the holiday, together with confirmation of their mobile telephone number for HCOTW 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.
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.
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 HCOTW, or a representative of HCOTW 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 HCOTW office.
HCOTW 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 HCOTW office. Call-out charges may be avoided if the CLIENT visits the HCOTW 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 HCOTW 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 HCOTW local office, they shall be asked to complete a Customer Complaint Report, which shall be submitted to HCOTW Head Office. If, on return to their home country, the CLIENT wishes to make a formal complaint, the CLIENT must provide HCOTW 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 HCOTW Client Services Department within 14 days of said return. HCOTW 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. This does not include any housekeeping issues which must be communicated to HCOTW on arrival to the property so this can be rectified quickly.
HCOTW shall not be responsible, nor be held in any way liable, for the following occurrences and no compensation shall be forthcoming from HCOTW, 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, HCOTW 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, HCOTW 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, 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 HCOTW. Whilst accepting full responsibility for its obligations at all times under the terms of this agreement, HCOTW reserves the right to subcontract services to associated companies where necessary in order to fulfil those obligations to the CLIENT.
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, HCOTW may at its sole discretion withhold any monies due to CLIENT to meet any potential claims made against the CLIENT or HCOTW.
Any disputes arising from this Agreement shall be subject to Spanish Law and the jurisdiction of the courts of Malaga, Spain.
Acceptance of Terms and Conditions
The CLIENT confirms that they have read and accepted the Terms and Conditions applicable to this Booking.