GENERAL TERMS AND CONDITIONS
General Conditions for a holiday rental of a property that will be between you (hereinafter "The Client") and the Property owner with the intermediation of Nerja.Casa E.S.P.J. (hereinafter "NERJA.CASA").
1. Conditions of payment and contracting
"The Client" declares to be of legal age and to have sufficient legal capacity to be bound by the present Conditions. "The Client" will be able to make a reservation through the website of "NERJA.CASA", through any linked portal or by email. Within the shortest possibility “the Client” will receive a confirmation of the booking in writing. "The Client" has 48 hours after the confirmation to make a down payment of 20% of the total amount of the booked stay, declaring, from that moment, the knowledge and acceptance of the present "General Conditions". The rest of the rental price (balance payment) falls due 8 weeks prior to arrival. These payments can be made by bank transfer. "NERJA.CASA'' reserves the right to cancel any reservation if the client has not paid the 20% within 48 hours. Reservations made through a portal, such as Airbnb, Booking.com etc. will be managed by the portal. This includes the payment and cancellation conditions of the portals “The Client” booked through, without "NERJA.CASA" can be held responsible in any respect.
2. Services and prices
The prices published by "NERJA.CASA'' are per night and accommodation on the indicated dates. The minimum rental period is 3 nights. The price includes the supply of water, electricity and the use of Internet/WIFI. In long term rentals (contracted for more than 28 days continuously by the same person) electricity and heating supplies are not included in the price and will be confirmed in writing in the booking confirmation. The cleaning on arrival/departure is not included in the nightly price. The rented property is furnished and equipped with the necessary appliances and equipment for immediate use according to the number of beds in the apartment. "NERJA.CASA" will provide the necessary information for the correct use/operation of electrical appliances or other devices, internal rules concerning the use of the facilities, outbuildings and equipment, admission of pets, as well as other restrictions and full details of the characteristics of the path and access to the accommodation. The general information of interest provided for each locality (tourist information of the area, places of leisure, restaurants and cafés, shops, nearest car parks and/or existing medical services, means of urban transport, etc.) is updated periodically. "NERJA.CASA" is not responsible for the variations that may occur, nor for their perfect correspondence with reality. Nor will we be responsible for any interruptions that may occur in the Internet/WIFI television services or other third party suppliers.
3. Arrival and depature of "The Client"
In order to enter the property, "The Client" will be requested to present his/her identity document in order to comply with the current regulations on registry books and entry forms for travelers. The arrival is from 3 p.m. on the day the rental starts, departure before or at 11 a.m. on the day the rental ends. In this respect "NERJA.CASA" will inform "The Client" about the key collection and delivery. With previous written confirmation from "NERJA.CASA", "The Client" can request a late check out, in which case “The Client” will have to pay an extra fee, depending on the type of accommodation and the check out time. If "The Client" wishes to extend the stay, “the client” will have to request it as soon as possible, being confirmed or denied depending on the availability of accommodation by "NERJA.CASA".
4. Cancellation of the contract by "The Client"
If you "The Client" cancel the reservation prior to the start date, the following conditions will be applied
- 20% deposit non-refundable
- 80% balance refundable up to 8 weeks prior to the arrival
The cancellation will be considered to have taken place as soon as "NERJA.CASA" or its agent has received your written request. In the event of a cancellation of the reservation, both the Client and the Agent, for reasons of force majeure, duly justified, no penalty will be applied. Reasons of force majeure shall be understood to be circumstances beyond the control of the party invoking them, abnormal and unforeseeable circumstances whose consequences could not have been avoided, despite having acted with due diligence.
5. Alternative or cancellation of the contract by "NERJA.CASA"
In cases of force majeure or supervening impossibility to rent the property, "The Client" will be able to choose, when it is technically possible, between substituting the rented property for another of similar characteristics, or the cancellation of the contract with reimbursement of the total amount paid.
6. Obligations of "The Client"
The number of persons with access to the rented property will be those stated in the contract or booking confirmation, including children or babies, The Property Manager has the right to prevent the access to the property if the agreed number is exceeded. At the end of the stay "The Client" undertakes to leave the property in the same state of order and cleanliness as when he/she entered it (as a guide: cleaned crockery and placed on the corresponding shelves, refrigerator free of food remains, rubbish deposited in the corresponding containers, dishwasher emptied etc.). "The Client is obliged to respect the rules of civility and coexistence with the rest of the neighbours of the building where the property is located, as well as the rules of the Community of owners. In case of non-respect of these rules or inappropriate behavior, "NERJA.CASA" reserves the right to cancel the rental contract with immediate effect and without prior notice, without any obligation to refund the amount paid for the rental.
7. - Complaints and emergency telephone number
In spite of the fact that "NERJA.CASA" informs “the client” about the use of any electrical appliances and equipment and carries out an exhaustive control of the state of the same, it is requested that “The Client” communicates any doubt of urgent damage or incidence in the rented property through the following channels of notification:
Phone: (+34) 608325193 or (+34) 674736785
If the communication is about a defect or broken item, the report has to be placed within 48 hours from the access to the property. "NERJA.CASA" will not be responsible for any claim that has not been made within this period. "NERJA.CASA" will provide “The Client” with an emergency telephone number which should ONLY be used in the following cases:
b) Loss of keys
In this case "NERJA.CASA" will send a team member to provide assistance and
will apply a charge of €50 and/or the charge of the local locksmith in case the lock has to be changed.
c) Forgotten keys inside the lock
In this case "NERJA.CASA" will send a local locksmith to provide assistance who will apply the charge.
d) Water and/or electricity cuts
Nerja.Casa will try to solve the issue as soon as possible, bearing in mind this is a third party supplier, by a qualified specialist at no extra cost to the user, unless the problem is the result of negligence on his part.
9.- Responsibilities attributable to "NERJA.CASA".
If the reserved property presents serious deficiencies that prevent its normal use, "NERJA.CASA" commits itself to look for an alternative solution of similar characteristics and price. If this is not feasible due to a lack of available accommodation(s) or because "The Client" rejects the proposals offered, "NERJA.CASA" will reimburse all or part of the amount of the reservation, depending on the time the client has enjoyed the accommodation, without any additional responsibility being attributed to "NERJA.CASA".
"NERJA.CASA" will not assume any responsibility in the following cases:
a) Negligence or omission of services attributable to third parties.
b) Failure or incorrect operation of communal swimming pools, children's play areas and sports facilities of any kind, the use of these being strictly under the responsibility of the user.
c) Robbery in the property
d) Damage to persons or things caused by force majeure or unforeseen mishaps for which "NERJA.CASA" or its representatives cannot be held responsible.
e) Due to more or less difficult access to the rented properties (country lanes, unpaved roads, lack of public transport, etc.), the client must check the exhaustive description in the information sheet of the property.Consequently, the responsibility of "NERJA.CASA" 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 regarding the seasonal renting of properties. In any case, "The Client" accepts that the economic responsibility of "NERJA.CASA" for eventual damages, material or otherwise, that could be caused as a consequence of its intermediation, will always and in any case be limited to the total amount paid for the rent.
10.- Validity and competent jurisdiction
These general conditions are written in Spanish and translated into other languages (German and English). In the event of discrepancies between the translations or doubts about the meaning of the same, the Spanish version shall prevail.
Once the reservation of a property has been made, the general conditions accepted by the client will come into force, which will govern the seasonal rental contract between "The Client" and the property owner "NERJA.CASA" acts as intermediary between both, being responsible for the correct execution of the mediation in accordance with the Spanish legislation in force.
For any question derived from the interpretation and effects of the rental contract and/or these general conditions, the parties voluntarily submit themselves to the jurisdiction of the Courts and Tribunals of Torrox, expressly waiving any other jurisdiction that may correspond to them