TERMS AND CONDITIONS

This booking agreement is made in Spain, between:

HomeCareontheWeb S.L. (hereinafter referred to as HCPM), whose company is registered in Spain, registration number is B92982552. and ‘The Holiday Rental Client(s)’ referring to the person booking the property and all members of the holiday party. (Hereinafter referred to as the ‘CLIENT’)

Basis of Agreement

‘HCPM’ promotes and manages the properties supplied for letting purposes and features such properties on the website on behalf of the respective property owners. All properties available through ‘HCPM’ are serviced by our Property Care and Rental Management service in Spain.

Whereby it is agreed by both parties that the following Terms and Conditions shall apply:

Property descriptions

‘HCPM’ takes all reasonable precautions to ensure that the descriptions and prices of properties or services shown on the website are accurate. However, errors do occasionally occur and ‘HCPM’ 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 ‘HCPM’ rental properties and associated services are in Euros, and the ‘CLIENT’ agrees to remit all payments to ‘HCPM’ 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.
• Normal pre-arrival and post-departure cleaning and laundry services. including a set of clean linen and bathroom towels (but not beach towels) per named guest.
• Utilities charges, such as electricity, gas and water charges.

For the avoidance of any doubt, the prices shall not include:

• Flights
• Transport
• Travel insurance
• Emergency Call-out charges

Additional holiday services

‘HCPM’ can offer the client additional services such as cleaning, cots and high chairs, please contact “HCPM’ should you require additional services for a quotation.

Bookings procedure

An initial non-refundable booking deposit of 25% of the total rental price shall be required by ‘HCPM’ 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’. Every effort will be made to contact the CLIENT to avoid cancellation.

Service fee

´HCPM´ does not charge a refundable security deposit, instead we require a non-refundable service fee of 5% of the total booking price, payable with the balance of booking.

Insurance cover is provided by HomeCareontheWeb S.L. and covers accidental damage to furniture, furnishings, appliances, utensils and structural features of the property, up to a repair or replacement value of 500€. Notification of damages is required, please report to the ´HCPM´ office. The cover is for one single holiday period.

Exclusions to the Cover include, deliberate or wilful breakage or damage of furniture, furnishings, appliances, utensils, or to structural features of the building, or theft of items or items missing from the property at the end of the holiday period.

If a compensation claim is made against the Holiday, the sum of 5% will not be included in the calculations.

Additional Security deposit

´HCPM´ reserve the right to add a security deposit when the booking consists of large groups, if a number of guests are under the age of 21, pets are included or the booking is a long stay. The increased deposit can be charged up to EUR 300 per number of persons the holiday home can accommodate. Security deposits are refunded to the CLIENT within 30 working days.

Passports

All guests over the age of 14 are required by law to present a valid passport or photo identification physically or electronically on or before arrival.

Upon departure

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 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, property damages or lost keys occur then these excess charges will be paid by the CLIENT directly to ‘HCPM’.

Cancellation Policy

In the event of a cancellation by the ‘CLIENT’, the ‘CLIENT’ must immediately notify us by confirmatory email. In the event of cancellation, we have two cancellation policies in place. The ‘CLIENT’ should enquire in advance which policy applies to the property.

• Flexible cancellation policy: The client can receive a 100% refund if the date of cancellation is at least 14 days prior to the arrival date.
• Strict cancellation policy: The applicable refund percentages are detailed below.
  • Cancellation received 70 days prior to arrival date – The guest would forfeit 10% of the value of the reservation *
  • Cancellation received 69-40 days prior to arrival date – The guest would forfeit 25% of the value of the reservation*
  • Cancellation received 39 days prior to arrival date – The guest would forfeit the total amount paid for the reservation.

* Minimum charge to client EUR 100

Changes

In the unlikely event that ‘HCPM’ needs to change the accommodation booked by the ‘CLIENT’, ‘HCPM’ 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’. ‘HCPM’ 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 ‘HCPM’ to this Agreement shall be notified in writing by ‘HCOTW’ 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 ‘HCPM’ 21 days before commencement of the holiday, together with confirmation of their mobile telephone number for ‘HCPM’ to establish contact with the ‘CLIENT’. Keys shall be available for the ‘CLIENT’ to collect from the ‘HCPM’ office during normal office hours. Outside of office hours keys shall be available for collection from a 24-hour safety deposit keybox for which the ‘CLIENT’ shall be given the security code. Upon full payment of the holiday booking the ‘CLIENT’ shall receive a confirmatory email from ‘HCPM’ containing the precise key pick-up details (including the keybox code if applicable), directions in English and Spanish on how to reach the ‘HCPM’ office and the ‘PROPERTY’, and the telephone number with which to contact ‘HCPM’ on arrival.

Occupancy

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 16:00 on the day of arrival and must be vacated by 10:00 on the day of departure. Pets are not allowed unless specified.

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 ‘HCPM’, or a representative of ‘HCPM’ 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 ‘HCPM’ office. ‘HCPM’ will provide the ‘CLIENT’ with an emergency telephone number which is available in cases of genuine emergency, between the hours of 17:00 to 22:00, on normal working days (see below for dates), and between 12:00 to 20:00 on Saturdays, Sundays and Bank Holidays.

‘HCPM’ Office Details

Location: Edf. Com. Urbanoria, Locales Bajo, Calle de la Noria 1, La Cala de Mijas, Malaga, 29649, SPAIN Telelhone: (0034) 952 83 95 95. Normal office working hours: 10:00 to 17:00 Monday to Friday and during the summer months include Saturday 12:00 to 18:00 and Sunday 12:00 to 18:00.

Complaints

Every effort is made to ensure you have an enjoyable holiday. In the unlikely event that the ‘CLIENT’ has a complaint concerning the holiday rental property, the ‘CLIENT’ must advise ‘HCPM’ 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 ‘HCPM’ office, they shall be asked to complete a Customer Complaint Report. If, on return to their home country, the ‘CLIENT’ wishes to make a formal complaint, the ‘CLIENT’ must provide ‘HCPM’ 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 ‘HCPM’ within 28 days of said return. ‘HCPM’ 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 not including the service fee.

Liabilities

‘HCPM’ maximum liability for losses you suffer as a result of us acting in breach of this agreement is strictly limited to the total rental fee you have paid for the booking and we shall not be responsible, nor be held in any way liable, for the following occurrences and no compensation shall be forthcoming from ‘HCPM’, and no deductions shall be permitted from the rental price, in the event of the following occurrences:

• 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)
• Closing of swimming pool or cessation of any other facilities, published or otherwise, due to events of force majeure and/or other extraordinary events or circumstances including but not limited to war, natural disasters, pollution disasters, drought, other extraordinary weather conditions, epidemics, pandemics, quarantine measures, the closing of borders or geographical areas, food shortages and/or rationing, traffic conditions, the interruption of currency trading, strikes or lockouts, or cyberattacks.
• 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’, ‘HCPM’ 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’, ‘HCPM’ 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.

Insurance

The ‘CLIENT’ must have an adequate and fully comprehensive travel insurance policy.

Lost Property

Items/possessions left in the PROPERTY by the ´CLIENT´ will be brought back to the ´HCPM´ head office, where they will be packed and labelled, contact will be made to notify the ´CLIENT´ of the items, if no response is received to arrange retrieval they will be stored for a three month period, when this period ends they will be disposed of or donated to charity. If retrieval of the item/possession is arranged, the ¨CLIENT´ is liable for any costs incurred and the funds should be received in advance.

Disputes

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 Agreement.