Terms of Rental


Terms of Rental

INTRODUCTION:

Prior to the rental period the client receives a holiday letting agreement  and instructions for meet up with staff from  Malaga holiday homes, normally at the address of the holiday home..

1. LETTING PERIOD
The holiday letting agreement states the rental period from ‘Arrival date’ to the ‘Departure date’.

2. HOLIDAY HOME
2.1 Holiday home size,
The information on the size of the holiday home is indicated in square meters and this information is provided by the owner and is calculated based on the external dimensions, if any errors are found in the square meters they will be corrected within 24 hours. However,  Malaga holiday homes cannot be held responsible for any difference in the square meter measurements.
2.2 Number of guests
 The holiday home and the associated plot may, may not be occupied at any time, by more than the number of persons (including children) specified in the holiday letting agreement . If the number of people stated on the holiday letting agreement  is exceeded, Malaga holiday homes has the right to expel the surplus guests and retain the deposit. If the tenant does not act within 12 hours of the notificationMalaga holiday homes has the right to terminate the holiday letting agreement  and without further notice, expel all guests without refund of rental.
2.3 Tents and caravans
It is forbidden to set up tents, caravans and similar temporary accommodation around the holiday home area. Malaga holiday homes has the right to immediately require them remove all such temporary accommodation. If the tenant does not comply with these instructions immediately, Malaga holiday homes has the right to terminate the holiday letting agreement   with immediate effect and without  further notice and expel all residents without a refund of rent.
2.4 Pets and allergies.
Pets are not allowed in (nearly all) our holiday homes. Malaga holiday homes cannot guarantee that pets have not stayed in the house previously.
2.5 Noisy construction work
Tenants can – even in holiday areas – be unexpectedly exposed to noise from construction work or similar. Malaga holiday homes cannot be held responsible for these exposures.
2.6 Swimming pool and community rules use swimming pool.
If the holiday home includes a swimming pool, the tenant is responsible for the use of the swimming pool. Children should not remain in the pool area without adult supervision. In holiday home complexes with a communal pool the opening hours need to be respected. It is not allowed to enter the pool outside the opening hours.
2.7 Tenants are not allowed to play loud music or make noise after 22:00 h. Please do respect your neighborhood. Not obeying to warning 1 and 2 resulting in ongoing inconvenience in the neighborhood, Malaga holiday homes can expel the tenants from the holiday home per direct.
2.8 Non-smoking holiday homes. All our homes are non-smoking holiday homes. Any smoking inside the holiday home will result in no refund of the damage deposit.

3. PAYMENT OF RENTAL FEE IN ADVANCE
Prices on the website of Malaga holiday homes are specified in € (euros). A booking is binding, whether the reservations has been made through the internet or through the sales department.
After making the booking, the holiday guests should make sure that the down payment of 20% is made within 5 working days of making the booking. Malaga holiday homes will block the rental period as per the reservation dates. When received  the down payment of 20% the reservation is confirmed and Malaga holiday homes will send a confirmation. The  holiday letting agreement  states the balance due and rental period. The payment date of the balance due must be honoured, since home owners have to receive funds before clients’ arrival. No key delivery will take place if the balance due is not paid.
If the tenant pays by credit card Malaga holiday homes charges a 4% credit card fee (MasterCard & VISA are accepted) it is also possible to pay through PayPal or by bank transfer, all costs and fees are to be paid by the client itself . A holiday letting agreement is made available within 24 hours after payment has been received.
3.1 If a reservation is made 4 weeks before arrival or earlier, the following are the payment rates: A Payment of 20% of the total price payable must be received by Malaga holiday homes within 5 business days after the reservation. A second payment, which represents the balance of 80% is due not later than 6 weeks before the rental date and must be received by Malaga holiday homes at that time.
3.2 In case of reservations made less than 4 weeks before arrival date, the following payment rates are valid; The total price is immediately payable, and must be received at Malaga holiday homes not later than 5 business days after the reservation is made.
 If payment terms are not complied with, this is considered a breach of contract. Malaga holiday homes is entitled without notice to terminate the reservation, but will, if possible, give notice to the tenant before termination. A termination of the holiday letting agreement shall not relieve the tenant from the obligation to pay the rental fees, which are set out in accordance with the rules on the cancellation clauses stated under point 5. Unless otherwise stated in the confirmation, the rent includes the use of electricity, oil, gas (not gas for barbecues) and water.

4. CANCELLATION – Money-Back guarantee
4.1.1 There is a money back guarantee in cases where the tenant’s stay in the rented house has been made impossible or significantly impaired: If prior to the tenant taking up the lease a death occurs in the immediate family e.g. spouse or children.
4.1.2 Condition for cancellation with money back guarantee. Malaga holiday homes receives proof of an event warranting the cancellation, i.e. a medical certificate, a death certificate or police report within 3 days (72 hours) of the event. Fees for the issue of any certificates must be paid by the tenant.
4.1.3 The above cancellation events in 4.1.2 are covered from booking time until moving into the apartment. There is no coverage after the lease commencement or upon early departure due to the above conditions.
4.1.4 If the conditions outlined in 4.1.2 are met and a refund is warranted Malaga holiday homes will refund the full amount less 20%, but a minimum of Euro.100 will apply.
4.1.5 For other costs that may arise in connection with an event as in 4.1.2 the tenant is advised to contact his insurance company regarding any insurance.
4.2.1 In the event that the homeowner has no access to his property due to insolvency, outstanding charges, taken over by the bank, sold, etc., Malaga holiday homes will offer an alternative holiday home for rent, if available.
4.2.2 If the price level of the alternative holiday home is less expensive the difference in price will be refunded.
4.2.3 Money-Back guarantee cannot be invoked in cases of force majeure.
4.3 For Malaga holiday homes Money-Back guarantee the following applies:
4.3.1 Cash refund may be considered for the following: where the holiday home is not operational or cleaned where the use of the holiday home is significantly reduced where heating system in the holiday home is out of service where an indoor pool is in-operable due to a heating failure. See 6.1
4.3.2 Condition to be met for Money-Back guarantee to apply:
It is incumbent upon the tenant to advise Malaga holiday homes immediately after experiencing a disfunction issue in the holiday home. Malaga holiday homes must be given a 24 hour time to repair the damage after the tenant has complained. This concerns only matters of that kind that cannot be attributed to the tenant.
4.3.3 A cash refund may be payable from the day a valid claim is received by Malaga holiday homes until the rest of the rental period.
4.3.4 Where the Money-Back guarantee comes into force the tenant may choose: To vacate the holiday home and get a proportionate share of the rent repaid equal to the remaining days of the lease or Request that a replacement property be made available. If the replacement property made available is cheaper, the rental price difference will be refunded, the refund will be based on the remaining portion of the lease.
4.3.5 Where the Money-Back guarantee comes into force, the tenant will not pay for the cleaning of the original property.
4.3.6 Money-Back cannot be invoked in cases of force majeure.

5. CANCELLATION & CHANGES
5.1 A cancellation will only be valid if made in writing or sent by email, and is only valid from the date of receipt by Malaga holiday homes. No verbal cancellation of any kind will be accepted.
5.2 In the event of cancellation the following charges will apply:
In the event of a cancellation, the customer will notify Malaga holiday homes by email. The date of this email is deemed to be the date when a cancellation notice is received by Malaga holiday homes. No verbal cancellation is acceptable. In any cancellation, the initial booking deposit is not refundable. Thereafter the following will apply: In case of cancellation within 4 weeks before start of the rental period there will be no refund, a cancellation between 4 and 8 weeks before start of rental period the full amount minus 40% will be refunded, a cancellation earlier than 8 weeks before the rental period starts, the full amount minus 20% will be refunded.
5.3 If the tenant can get a substitute tenant for the same time and for the same price,  Malaga holiday homes will accept a name change on payment of fee of Euro 50. This substitution must be sent to Malaga holiday homes in writing.

6. ELECTRICITY
6.1 Where a holiday home has a Jacuzzi, you will be advised, in the property description, if there is an extra charge for energy consumption. 
All indoor pools which come as standard with the high end villas are normally heated. Therefore, there should not be an extra energy cost (electricity, oil) for heating such swimming pools. The indoor pools have an average temperature of approx. 25-27°. 
Outdoor pool average temperature of approx 22 – 25°

7. SECURITY DEPOSIT
At the request of property owners, a lease is subject to payment of a security deposit which varies depending on the value of the interior of the property. This is charged to the credit card upon key delivery.
The deposit serves to ensure the owner is protected for any damage to the property or its contents. The size of the deposit depends on the size of the property and the value of the contents and equipment. The deposits required are shown in the holiday letting agreement or in the official webpage www.malagaferieboligudlejning.dk  under the specific holiday home info. The deposit is refunded within two weeks after departure from the holiday home. Should damage to the property and/or its contents be found the cost of same plus a processing fee will be deducted before the refund is made.
Should the value of the deposit not cover the damages as outlined above, any further amount will be required and will be charged to the credit card provided to Malaga holiday home at the time of booking, as long appendix can support.

8. FINAL CLEANING
The tenant is obliged to leave the property tidy and in good condition. The final cleaning does not include removing garbage from or around the holiday home, washing dishes or other extra work after tenant has departed. Should extra work/cleaning be required in the opinion of Malaga holiday homes a minimum charge of
€ 50 will apply. After the tenant has departed and the following  inspection by Malaga holiday homes shows that the property has been damaged and not reported by the tenant. Malaga holiday homes has the right to charge the tenant for such damage up to two weeks after their departure.

9. DAMAGE
The tenant is obliged to treat the property with all due care and respect. The tenant must leave the accommodation in good condition with the exception of general deterioration due to wear and tear. The tenant is responsible for the damage to the property and / or its furnishings, which might occur during the rental period, and caused by the tenant or others, who have been given access to the rented property. Damage to the house and / or its furnishings, which might occur during the rental period, shall immediately be notified to Malaga holiday homes. Claims arising for damages within two weeks after the tenants departure, but incurred during the rental period will, if found to be correct after inspection by Malaga holiday homes or it appointed agent, be deducted from the security deposit.

10. COMPLAINTS & REDRESS
A tenant immediately upon moving into a property, should within 72 hours, inspect the property and advise a representative of Malaga holiday homes of any damage or non-functioning items. Malaga holiday homes will respond promptly and rectify any complaints.
If there is a need to contact Malaga holiday homes please use the hotline +34 673 800 259 and be sure to get the name of the caseworker they are in contact with at Malaga holiday homes.
Written complaints should be addressed to:
Malaga holiday homes, Attn: Malaga holiday homes S.C calle Los Olivos 28, Fuengirola,  Malaga,  Spain or by email to : info@malagaferieboligudlejning.dk . It is incumbent upon the tenant to help prevent a further deterioration of damage or defects, and minimise any further loss or damage for the property owner and Malaga holiday homes. The tenant must allow Malaga holiday homes 24 hours to correct or repair any damage. The tenants must not take it upon themselves to depart from the apartment before the lease expires, without prior agreement with Malaga holiday homes if they do depart without such prior notice it is at their own risk. The tenant must allow Malaga holiday homes the possibility of rectifying the damage or transferring the tenant to another property. Malaga holiday homes reserves the right, following a legitimate complaint to move the tenant to another property of equal price and quality.
If in the tenant’s opinion after a complaint has been submitted and is not satisfactorily settled, the tenant shall send a complaint in writing within 72 hours. Malaga holiday homes or the property owner will only consider claims for direct economic damage and will not consider claims for any indirect damage (consequential)or damage of non-economic nature.

11. TECHNICAL INSTALLATIONS
Many properties have a washing machine, dishwasher, microwave, video, television, satellite dish, radio, freezer, tumble dryer, sauna, solarium, swimming pool, hot tub, etc. As these items are provided free of charge, the tenant cannot make claims for short-term, unforeseen disruptions, damage and failure. The same goes for plumbing and sanitary installations etc.
Should any problems arise with regard to the above, the tenant should inform Malaga holiday homes so that Malaga holiday homes can immediately request the home owner to arrange for service as soon as possible.

12. MALAGA HOLIDAY HOMES AS A FACILITATOR.
Malaga holiday homes is not the owner of the rented properties, but only rents the properties on behalf of the owners. Malaga holiday homes represents the property owner’s interests in connection with the rental period. If a lease cannot be completed due to double booking or reasons outside the control of Malaga holiday homes, for example, as a result of foreclosure, default by the property owner or something similar, Malaga holiday homes is entitled to cancel the lease and refund any money already paid. However, as an alternative and if possible Malaga holiday homes may offer the tenant another similar house in the same area and at the same price.

13. LAW
Spanish law is applicable and the law of the jurisdiction in which the holiday home is located.

14. UNUSUAL EVENTS

14.1 If as a result of any of the following
circumstances / force majeure (eg. war, natural and
pollution disasters, epidemics, border closures,
traffic, foreign exchange regulations , strikes, lockouts and other force majeure), which could not be foreseen by the rental agreement, Malaga holiday homes  and the property owner are entitled to cancel the holiday letting agreement, since neither house owner or Malaga holiday homes can be responsible for these events. The tenant is as a result of force majeure not entitled to recover all costs incurred.
14.2 Malaga holiday homes will not be held responsible should any damage be caused to the holiday home by insects. If in the event of theft or damage to the tenant’s private property Malaga holiday homes similarly cannot be held responsible.

15. OTHER INFORMATION
15.1 If the tenant makes a special written agreement with Malaga Holiday Homes S.L , this does not override the other rental conditions.
15.2  Renter/Guest Qualifications. Renter must be at least 25 years old and must occupy the property for the entire duration of the rental period. All guests staying in the home and their ages must be on the guest list. Guest List must be provided to Malaga Holiday Homes S.L as soon as possible, but is required a minimum of two weeks before check-in. Total guests must not exceed maximum capacity for the property. Unregistered occupants are not permitted on a daily basis without approval. If a violation of the maximum occupancy for the property occurs, all or some guests must vacate the property at Malaga Holiday Homes S.L’s discretion without refund. Malaga Holiday Homes S.L  reserve the right to refuse rentals to anyone, of any age, at any time.
15.3 Holiday home is rented out on ‘first come, first served’- basis.
15.4 Errors & Omissions accepted..
15.5 We have in good faith tried to pass as accurately as possible information on the holiday home.
15.6 We recommend reading through our website www.malagaferieboligudlejning.dk  which gives information on property locations and surrounding areas.
15.7 Key delivery after opening hours: Key delivery between 18.00 – 21.00 = € 30. Key delivery after 21.00 – € 50

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