General Conditions

General Conditions Terms and Conditions

  1. RESERVATION and RESERVATION CONFIRMATION

The rental property, terms, price, and payment method are detailed in the confirmation email sent by the landlord to the tenant.

As outlined in the “Reservations” section, the party interested in renting the villa accepts, among other things, the content established herein as a rental agreement.

Only if approved by the landlord, this contract will be accepted once the first payment of the reservation is made according to the terms and conditions established for it, and upon receipt of proof of payment made via bank transfer, cash payment, physical or virtual POS, or other means approved by the landlord.

The contract will take effect upon receipt of the first payment. The landlord reserves the right to refuse the reservation without explanation to the tenant until the first payment has been received.

Although the conditions of this contract have been translated into another language, the Spanish language will always prevail.

  1. PRICE PAYMENT and INSURANCE

The agreed rental price of the property will be paid via bank transfer, cash, physical or virtual POS, or other means approved by the landlord, and the receipt/proof of payment will serve as an effective payment document for the agreed amount.

The client must be previously accepted by both the landlord and the Superhog company (www.superhog.com) and must have taken out the mandatory insurance requested by the landlord with Superhog.

In case of any damage caused by the tenant or their companions, the process of repair or replacement will begin, and the tenant will be responsible for both the repair costs and the administrative expenses incurred by the landlord, valued at a minimum of 60 euros.

  1. DURATION OF THE CONTRACT

The total duration of this rental will be as specified in the Particular Conditions of this contract, also reflected in the insurance of the contracted villa, and in the reservation confirmation email, with no extension possible as this is a seasonal rental at the express will of the tenant, thus accommodating their needs to obtain the villa for a period not exceeding the established one.

  1. CHECK-IN AND CHECK-OUT TIMES

Check-in time will be between 17:00 and 20:00. However, the keys may be handed over earlier by the cleaning team while they prepare the villa after the previous tenants have left.

The tenant understands and accepts that entry to the villa before 17:00 is not allowed unless the cleaning has been completed earlier than expected and with the landlord’s authorization.

Check-out time will be before 11:00 on the day of departure. The tenant is responsible for leaving the villa in perfect order and cleanliness, which must be maintained during their stay.

The tenant accepts that check-out can be done independently, without the presence of the landlord’s staff, and is obliged to report any incident they may identify before leaving the property.

In this regard, the landlord will use the security deposit and payment methods provided by the tenant to cover any damage to the property (building, garden, pool, etc.).

  1. NUMBER OF OCCUPANTS

This contract is granted exclusively in the tenant’s interest and is therefore non-transferable in whole or in part to any other person.

A maximum of 8 people (9 if one of them is a baby under 2 years old) is allowed to occupy the villa, as offered by the landlord.

The tenant is obliged to provide the ID cards or passports of all persons staying in the villa before the day of arrival.

Only those listed by the tenant will be allowed entry. In case of violation of this condition, the landlord reserves the right to refuse entry to said person or, if applicable, to seek financial compensation for them.

Reservations for groups of minors unaccompanied by adults are not allowed.

It should be noted that the right of admission is reserved.

  1. MAINTENANCE OF THE PROPERTY AND PROHIBITIONS

The landlord must make necessary repairs to maintain the vacation rental property in habitable conditions for the agreed use, without the right to increase the rent, except when the deterioration is attributable to the tenant.

The tenant is obligated to return the villa, garden, pool, parking, and contents in the same condition as received, i.e., clean, without damage or deterioration that may occur during the rental period.

The tenant is obligated to:

  • Use the villa, pool, garden, parking, and all included responsibly.
  • Not to host parties or generate excessive noise (music, etc.), especially after 23:00.
    Repeated complaints from neighbors about noise or disturbances will result in the immediate termination of the rental without the right to a refund of the amount paid.Not to host events.
  • Not to engage in industrial activities or any harmful, dangerous, annoying, unhealthy, or illegal activities in the property.
  • Not to smoke, vape, or use electronic cigarettes.
    If smoking is detected in the villa, a specific smoke cleaning service will be hired, which the tenant must pay for, plus a 60-euro penalty and any cancellations resulting from this fact.
  • Not to sublet, assign, or sublease the villa in whole or in part, nor to use it in whole or in part for lodging;
  • As the contract is a tourist rental for a specific period, it is strictly forbidden to register or include the address of the accommodation as an address for such purposes, as this contract does not have the nature of a permanent residence.
  • Notify the landlord as soon as possible of any unauthorized or harmful action taken by another party, being responsible for any damages and losses caused to the landlord due to their negligence;
  • Not to have or manipulate explosive, flammable, inconvenient, or unhealthy materials (including drugs) in the villa, nor to engage in activities that may harm the property or cause inconvenience or scandals to the neighbors;
  • Allow the landlord or a representative to inspect the operation of any service or check for violations of contractual obligations, also allowing access and passage for workers and materials to carry out any work, repair, or maintenance in the villa;
  • Not to have any pets in the property;
  • Not to make any copies of the access keys to the property or villa, nor any other keys provided or accessible to them temporarily; this act may lead to legal actions under civil or criminal law by the landlord.
  • In case of key loss, the tenant must pay the corresponding invoice plus 60 euros for administrative expenses.
  • If the key is left in the access door, the tenant must pay the corresponding invoice plus 60 euros for administrative expenses.
  • Always connect the alarm when leaving the villa to prevent theft and ensure the security of the installation.
  • The landlord is not responsible for any possible damage or theft in the vehicle or the villa.Turn off lights, taps, fans, and air conditioning whenever leaving the villa.
  • Do not use the villa’s bath towels for the beach or pool.
  • Do not charge electric vehicles in the villa.
  • Do not make recordings.
    To conduct promotional activities involving recordings, such as music videos, film shoots, photo reports for magazines, or advertising articles, prior authorization from the landlord is required, and a supplement per hour for image rights will be applied. Please consult.
    Failure to obtain prior authorization with payment of the corresponding fees will constitute a violation of image rights and may be prosecuted by the landlord.
  • Do not use drones.
  • Do not carry out any works that modify the configuration of the vacation rental property or any of its accessories, or that may cause a reduction in its stability or security, or make holes in walls and tiles without the landlord’s written permission. If such permission is granted, all works carried out will benefit the property without the right to any compensation.
  • Notify of any damage or breakage that occurs, no matter how minor it may seem (e.g., a glass). This way, it can be replaced as soon as possible for future tenants.
  • Cover the costs of minor repairs due to the normal use of the vacation rental property.
  • At the end of the stay, the tenant must leave the villa tidy. This includes having cleaned the cutlery, plates, dishes, etc., used. Any excessive dirt beyond normal use will require extra cleaning at the tenant’s expense.
  • The landlord is not responsible for accidents or incidents that may occur to the tenant and their companions during their stay in or outside the villa, or during the use of the property’s facilities, including the pool, barbecue, trampoline, etc., if available.

The landlord may access, verify, and inspect the property at any time without prior notice.

The tenant is responsible for any penalties that the City Council or any public body of the City may impose due to bad behavior or disturbances to the neighbors.

  1. BEHAVIOR RULES

The tenant is responsible for the proper behavior of the occupants, who must comply with the rules of coexistence, in addition to the above, without disturbing the neighbors, in a diligent and responsible manner.

The causes of termination of the rental agreement are as indicated in the Urban Leases Law.

In any case, the landlord reserves the right to terminate the contract, without the right to any financial compensation.

Regarding the use of the vacation rental property and its accesses, the tenant is obligated to respect the rights of others regarding their respective property and accesses, in accordance with good neighborly conduct, and to be responsible for violations committed by those living with them or accessing the property, subject to Municipal Ordinances.

  1. INVENTORY

Any issues or deficiencies in the inventory or the villa must be reported to the landlord within 24 hours of arrival.

The landlord is not responsible for any items left behind or forgotten in the villa.

No items may be removed from the villa at any time.

  1. INTERNET / WIFI / ELECTRICITY

The landlord provides a network and password to connect to a WIFI network from a local telephone provider.

The landlord is not responsible in any case for any issues with the WIFI connection, inconsistency, or signal quality, including problems arising from device settings and network incompatibility, nor for any electrical supply errors.

In the event of a failure in the connection or electrical supply, the tenant must notify the landlord as soon as possible for the proper management of the service incident with the corresponding provider.

  1. CANCELLATION BY THE LESSEE AND THE LESSOR

Lessee:

Fees charged and/or blocked are not refundable.

The lessor shall:

In case of non-compliance by the tenant with the conditions agreed here, the lessor may settle the rental of the villa, without obligation to return any amount to the lessee.

In case of force majeure, the reservation will be cancelled and the amount paid as deposit or other items will be returned to the tenant, if necessary proportionally to the days of stay, having nothing between the parties to claim.

The following reasons for cancellation are valid:

  • Formal complaints from neighbors.
  • Smoking in the building is detected.
  • Pet friendly.
  • Any other situation that puts the contractual relationship of the lessor with third parties at risk and/or that puts the reputation or any other kind of reputational risk to the lessor.
  1. DATA PROTECTION

The lessee authorizes the lessor to create files with his personal data, including those not contained in the Particular Conditions, provided, if necessary, by telephone, as well as their use and treatment, automated or not, provided that it is intended to control and record the rental, correspondence, operational relationship and also the receipt of all advertising information and commercial offers should be made.

This holder is deemed to have been duly informed of these conditions.

The data subject may revoke these authorisations for transfer of data and communications at any time by written communication to the lessor, indicating whether the revocation is total or partial, clearly stating in the latter case the assignment or type of communication revoked. The revocation shall not have retroactive effect or relate to transfers of data imposed by law or which are necessary for the development, fulfilment or control of a free and legitimately accepted legal relationship, as long as the legal relationship continues and the obligations arising therefrom or subsequent actions have not been extinguished.

  1.  JURISDISCTION

The parties agree to submit to the Courts of Bilbao in case there is a dispute between the parties.

 

13) STATE OF EMERGENCY AND FORCE MAJEURE

The tenant is fully aware of the legal and material situation regarding a possible State of Emergency (such as the situation caused by COVID-19) and/or Force Majeure and declares that any risks arising from such a situation are no longer unforeseeable risks for which the landlord is not responsible.

The tenant also agrees to comply with the state and provincial regulations that govern the mandatory use of masks or other measures during a health crisis (such as the one caused by COVID-19), as well as any rules established by the landlord under such circumstances.