GENERAL TERMS AND CONDITIONS OF RENTAL PROPERTY USED FOR HOLIDAY OR TOURISM
Skyline Costa Luz, with address at C.C. Miramar, no. 315, La Barrosa, 11139 Chiclana de la Frontera, acts as mediator between landlord and tenant.
Skyline Costa Luz has been granted, and with prior authorization from the landlord, with the rental management of the property.
Terms and conditions are accepted by the tenant on payment of the deposit or the full amount of the rental.
The Landlord rents to the tenant the property which is intended to constitute temporary housing during the agreed period for the purposes of holiday / tourism / recreation. Thus, the property referred to under this contract will under no circumstances represent permanent housing for the tenant.
The tenant cannot change the mentioned purpose. Failure to comply with this provision shall be grounds for termination of the contract.
RESERVATION AND PAYMENT OF RENT
After confirmation of availability of the property by Skyline Costa Luz, either by email or by phone, the pre-booking will be kept up to 5 working days, pending the non-refundable deposit of 30 to 50%, payable by bank transfer. All bank charges are borne by the customer.
The rest of the rental sum must be paid by bank transfer at least six weeks before the start of the rental, or in exceptional cases and by prior written agreement, to be paid in cash in euros on arrival at the property. Failure to proceed in this way, can result in an additional charge or immediate cancellation of the rental without compensation, leaving the landlord with the deposit made by the tenant as compensation for the inconveniences caused.
The rental is for the period agreed and confirmed by email by Skyline Costa Luz during the reservation period.
The property will be available on the day of arrival from 12:00 hrs. to 20.00 hrs. and check out the day of departure must be made as stipulated before 12:00 hrs.
On the day of arrival to the property the tenant shall deliver to the landlord the amount of 300 Euros to 500 Euros in cash as damage deposit.
This deposit will be refunded in full between 09:00 hrs. and 20:00 hrs. unless breakages, losses or damages are identified, which are considered being beyond normal wear and use of goods.
If customers leave outside of these times, the owner or agent has the right to return the damage deposit by bank transfer within 7 working days after departure.
In the event of cancellation by the client, any reservation deposit paid will not be refundable. If cancellation occurs within six weeks of the commencement of the rental, and the total or partial amount has been paid, this will be retained by the landlord as compensation.
If full or partial payment has been made and cancellation is notified by the client more than six weeks before commencement of the rental, the client is entitled to a refund of maximum 50% of the amount paid, less the amount of deposit payable as compensation.
If cancellation is made by the landlord or intermediary agent due to reasons outside of their control, the landlord will return any amounts paid to date. If cancellation is notified within six weeks of the commencement of the rental, the intermediary agent has the right to offer an alternative property of similar or higher quality. If an alternative property cannot be provided, the landlord will return the amounts paid in full and both landlord and agent will remain exempt from any responsibility.
CONDITION AND CONSERVATION
The tenant declares having received the property in a good condition of use and conservation for its intended use, as well as facilities, equipment, etc. that are available and undertakes to return it in the same state at the conclusion of the contractual relationship, or failing that, to make good in cash, the amount of damages that exist upon termination of the contract.
The tenant must leave the property, including furniture, fixtures and gardens to the landlord at the termination of the tenancy in the same condition as it was delivered. At the departure, the property must be left reasonably clean and tidy, similar to the condition on the day of arrival. Trash must be placed in the places authorized, dishes cleaned and the floor swept. The tenant will be responsible for the cost of any cleaning or repair at end of rental if the house is not in an acceptable state as received on arrival, and the landlord may claim compensation for broken or damaged items due or misuse or irresponsibility by the tenants, not including any standard wear caused by normal use.
The number of occupants must not exceed what is declared and allowed, and no kind of animal is permitted under any circumstances, unless previously agreed with the landlord. Smoking is also prohibited inside the house. Failure to comply with the above may result in an additional charge in the total rental amount or cancellation of the contract without any compensation.
Nor can the tenant have in the property explosive, flammable or unhygienic materials. Also it is expressly prohibited that the tenant subject to this contract can keep within the property any toxic, harmful or dangerous substances or any other potentially harmful to the health of the neighbourhood.
The Tenant shall be submitted throughout the term of the contract to the rules of the community of homeowners, especially those relating to coexistence.
To ensure that the property has a good general maintenance of the pool, garden and its living quarters (if the property available), we will make this work mainly in the morning, if possible, so that in this way it is in good condition .Tenants must agree to perform such maintenance for the proper functioning of the property.
SAFETY AND SECURITY
The tenant is responsible for the keys to the property whilst in his/her possession and will be returned to the contact person or deposited in the agreed place as guided. A charge of 50 euros will be payable if the keys are lost.
The owner or intermediary agent are not responsible for injury or damage to any persons, animals or possessions that occupy the property, whether it´s inside or outside of the property.
The owner or intermediary agent shall not be liable for insurance or items stolen in the property or on his land during the stay.
Responsibility for the use of the pool is taken completely and strictly by and at the tenants own risk.
Adults are responsible for supervising children especially in the pool and its surroundings. No liability for accidents occurring in or around the property will be accepted. Children under 16 must not be left at the property without adult supervision.
We strongly recommend you obtain travel insurance before traveling.
BREAKAGES AND DAMAGES
The tenant is obliged to inform the owner, in the shortest possible time, any usurpation or actual damage that another person has performed or openly prepared in the rented premises; and also the need for all repairs covered by # 2 of art.1554 of the Civil Code.
Deficiencies that may arise with respect to the operation of services or goods made available, shall be settled via Skyline Costa Luz, who will enable immediate repair of defects as required.
The cost of such repairs shall be borne by the landlord, unless they are caused by improper use by the tenant. By not reporting the incidents, the tenant may be held liable for such repairs.
The loss of any of the furniture, fixtures, belongings (towels, sheets, etc.) or utensils made available to the tenant, is their sole responsibility and obligation to replace them at average market prices.
In the event that any furniture or appliances (evident in the advertisement of the property or inventory) become unsuitable for the use they are intended, the tenant shall be bound to its economic replacement according to average market prices.
In all cases the tenant shall be liable for all damages, breakages and losses that are due to negligence or have occurred accidentally at the property.
ASSIGNMENT AND SUBLEASE
With express waiver of the provisions of Article 1550 Civil Code., The tenant agrees not to sublet, in whole or in part, the leased property. The assignment or transfer of the contract is prohibited under any circumstances. Breach of this clause will be cause for termination of the contract.
The tenant cannot carry out any works, repairs or change the property or building to which it belongs.
Despite not being considered as works, the tenant is expressly prohibited making holes or perforations in the walls of the property, in such case the necessary cost for the walls to be returned to their original state will be discounted from the damage deposit.
The community costs shall be borne by the landlord.
Services available at the leased property that are individualized by usage meters (water, electricity, gas, telephone etc.) shall be borne by the landlord, as well as the connection and disconnection of the aforementioned supplies if necessary.
The tenant promises a normal and reasonable consumption of the services such as electricity and water etc. and devices such as air conditioning, water taps, electric plugs etc. are turned off when leaving the house. Any excess in usage will result in an additional charge in the total amount of rent or the cost discounted from the damage deposit.
The extraordinary communal expenses and Property Tax shall be borne by the landlord.
EXPRESS PENALTY CLAUSE
The tenant must vacate the property on the agreed date and deliver all keys. If the property is not vacated on that date, there will be a penalty payable by the tenant of 700 € (seven hundred euros) for each day of delay in making available the keys and the property, by way of penalty clause, plus all expenses direct and indirect that the delay generates in the recovery of the property. All this provided that the parties have not agreed in writing an extension of the season initially agreed, in which case it will be agreed in the document extension.
LIMITATION OF LIABILITY
The property owner or intermediary agent assumes no responsibility for events caused by the customs and typical situations in the area or country. For example, power outages, temporary loss of water, dogs barking, roosters, ants, mosquitoes or noisy neighbours. Given the existence of any incident, the tenant must report it as soon as possible to the intermediary agent in Spain, so that in this way they can try to resolve the incident as far as possible.
Skyline Costa Luz gives notice that the photos displayed of the property are current and have been taken personally and on our own account, however, we do not guarantee that upon arrival of the tenant at the property that the property will be in the same state, because we are not owners.
Skyline Costa Luz communicates that the maximum contractual liability is limited to the rental price for any damages or losses caused to the contracting party.
Skyline Costa Luz communicates that neither the owner nor the intermediary shall be liable for damages or losses caused by a third party, such as airlines, car rental companies, theft, crime etc.
BREACH OF OBLIGATIONS
Failure by either party to fulfil their obligations under this contract shall entitle the party who has fulfilled theirs to enforce the obligation or initiate the termination of the contract in accordance with the provisions of Article 1124 of the Civil Code.
In addition, the landlord may terminate the contract under statutory rights for the following reasons set out in Article 1569 of the Civil Code: 1st. Expiry of the conventional term or the term fixed for the duration of rentals in Articles 1,577 and 1,581; 2nd. Failure to pay the agreed price; 3rd. Violation of any of the conditions stipulated in the contract; and 4th. To assign a use or service of the rented property other that what was agreed and detracts from; or not subject it to the use as ordered in the 2nd article number 1,555.
The parties set an address for notification purposes arising from the contractual relationship as set out in the heading of this document for the landlord, and as provided in the Reservation confirmation email for the tenant. Each party shall notify to the other any changes occurring in this respect.
The application of the law 29/1994 of urban leases to this rental agreement is expressly excluded, by order of the letter "e" of Article 5 of the Law, so this contract shall be governed by the rules contained within it and, those not agreed by the parties, by the rules of the Civil Code.
The contracting parties expressly submit themselves to the Courts and Tribunals of the city where the rented property is located, for all contentious issues arising thereof.