1. Introduction
1.1 These terms and conditions shall govern the booking of your holiday rental.
2. Contracted Parties
2.1 The Contract for the rental of the properties is between you and shall be known as the “Guest” and Stephanie Mock and shall be known as the “Owner”.
2.2 The Guest shall be jointly and severally liable with the others in the party and all those in the party shall be bound by the terms of the contract herein.
2.3 The Guest shall be responsible for any minors in the party.
2.4 No contract is made until a booking request has been confirmed by the Owner and a cleared deposit payment of 50% has been received by the Owner.
3. The Properties
3.1 Cortijo La Calera, Casa Algarrobo, Casita Buho Real and Casita Gorrion shall be known as the “properties”.
3.2 The Properties are to be used for normal holiday occupation only and may not be;
(a) sublet, and
(b) only be used to accommodate the guest and his or her party as supplied at the time of booking.
3.3 The Owner agrees to:
(a) make the properties available to the Guest for the agreed rental period;
(b) ensure that the properties are clean and tidy, in good condition for the Guest and his or her party;
(c) endeavor to repair or replace any essential item of equipment should it fail during the rental period, except that;
(d) such failure is due to negligence or wilful damage by the Guest and his or her party.
3.4 The Guest agrees to:
(a) report any damage or breakages to the Owner immediately;
(b) use the equipment, fixtures and fittings with due care and in accordance with instructions given;
(c) pay to the Owner such reasonable costs as may be necessary to repair or replace anything lost or damaged during the Guests period of occupation.;
(d) abide by any safety advice given by the Owner.
(e) pay to the owner a cleaning subsidy for the properties, in the case of booking Casa Algarrobo 80 euros and in all other cases 40 euros.
3.5 All breakages must be paid for in euro’s.
3.6 Any stains or soiling that cannot be effectively removed will be treated as damage and charged for.
3.7 The Properties may be subject to minor changes and the Guest and his or her party accepts that there may be minor differences from the descriptions.
3.8 The Owner and or his or her representatives may enter the properties at any reasonable time, or if in an emergency, immediately.
3.9 There is no daily housekeeping service during your stay.
4. Occupancy
4.1 The “properties” may be occupied only for short term holiday letting with no rights of occupancy beyond the contracted dates.
4.2 Extensions to the occupancy period may be granted by the “owner” if there is vacant space available and subject to payment being received in advance by the “owner” for the period requested.
4.3 The “owner” may allocate a different property for the extended period requested at his or her representatives discretion.
5. Payment
5.1 Unless otherwise agreed, payment is charged in Euros.
5.2 A 50% non-refundable deposit in euro’s by bank transfer is required.
5.3 Children under 11 years of age will charged at half the adult rate.
5.4 There is no charge for children under 2 years old .
5.5 The balance is payable in in euro’s on the day of arrival.
5.6 Rental include those items outlined on our website.
6. Booking
6.1 You can book using our contact form HERE or by telephone 0034 676 967253 (ES).
6.2 The booking is secured when the Guest has received a booking confirmation from the owner and cleared payment has been received.
7. Arrival and Departure Times
7.1 Change over days and times are flexible by prearrangement.
8. Cancelation
8.1 The Owner may cancel a booking and retain any deposit payment if payments are not received by the due dates. If the Owner cannot accommodate a booking request, the owner will return any deposit payed directly to the owner.
8.2 If the Guest cancels the booking after the deposit or the full balance has been paid, the owner will make every effort to re-book the property. If the property is re-booked, your funds will be returned, less a €100 Administration Fee.
8.3 If, for any reason, you need to cancel your confirmed booking, you should do so as outlined in clause 11 below.
9. Complaints
9.1 The Owner will address any complaint raised by the Guest and his or her party promptly and seek a satisfactory resolution where possible.
9.2 The Guest is asked to raise any problems with the Owner in good time so that the Owner can take effective measures to resolve any such problems.
9.3 Complaints that remain unresolved should be notified in writing to the Owner, who will resolve the complaint or respond in writing.
10. House Rules
10.1 The Guest agrees to comply with reasonable rules or requests by the Owner.
10.2 Smoking is allowed in Casita Gorrion, smoking is not allowed in Casa Algarrobo and Casita Buho Real.
10.3 Dogs and other pets are not permitted.
10.4 Beach or pool towels are NOT provided.
11. Data Protection
11.1 The Guest and his or her party agrees to the terms and conditions as laid out in the privacy policy HERE.
12. Our Details
12.1. Our principal place of business is at; Cortijo La Calera Buzon 28, Loma Leon, Benamargosa, 29718 Cutar, Malaga, Spain.
12.2 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form HERE.
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
13. Liability
13.1 Except in cases of death or serious injury caused by negligence of the Owner , or for any liability that by law cannot be excluded, any Owners’ liability to the Tenant for breach of contract, misrepresentation or other cause will be limited to a sum not more that the total amount of rental payment received from the Guest.
13.2 The Owner shall not be liable where performance of the contract is delayed, changed or cancelled for reasons beyond the reasonable control of the Owner
13.3 The Owner will notify the Guest as soon as possible of these circumstances and reimburse payments made by the Guest as appropriate and proportionately.
14. Jurisdiction
14.1 If any provision within the contract is found to be legally invalid or unenforceable, such provision shall be deemed not to form part of the contract but the other provisions of the contract shall not be affected.
14.2 The contract shall be governed by English law.