Hercules 135 - Terms and Conditions 2020

1. General.
1. In this Agreement any reference to the masculine includes the feminine.
2. This Agreement is made on the basis that the Property is to be occupied by the Client for a Holiday as described in the Junta de Andalucia Decree 18/2016 of 2nd of February of Tourist Holiday Rentals (viviendas con fines turísticos) and the Client acknowledges that this Agreement shall not confer on the Client any security of tenure within the terms of that Act.
3. Where the Client's party comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.
2. The Landlord & their Agent
1. In this Agreement any reference to the Landlord refers to registered Property owner, Mr Robert Kent of 13 First Row, Ellington, Northumberland, NE61 5HD, Reino Unidado.
2. The Client will be provided with contact details for the Landlord's local Agent before their scheduled arrival. Contact details for the Agent are also listed within the Property for the Client's convenience.
3. The Property & Registration.
1. The apartment hereby referred to as the Property, is number 135 located within the Edificio Hercules, no. 4 Avenida Gamonal, Benalmadena in the Malaga province of Spain.
2. The Property is registered as a tourist holiday rental (viviendas con fines turísticos) in accordance Junta de Andalucia Decree 18/2016. The registration reference for the Property is VFT/MA/20793.
3. Junta de Andalucia Decree 18/2016 requires that the Landlord registers all adult guests with the Police within 24 hours of arrival. For the purpose of this registration and in accordance with the Decree, the Client agrees to provide copies of passports for all adult guests no later than the scheduled date of arrival.
4. The Community.
1. The Client agrees (without exception) to adhere to the rules and regulations laid down by the community.
2. The electronic pass in the Property gives access to the pool and garden area. This pass must be left in perfect condition in the Property is vacated.
3. Barbecues are strictly forbidden in the community gardens.
4. The swimming pools within the community gardens are shared by the residents of the four communities; Agata, Aguila, Hercules & Iris. The pools are typically open seasonally early May through to early September. Dates and opening times are subject to agreement of the presidents of the 4 communities. Dates/times for pool opening may be extended or curtailed without notice. No guarantee of pool access is given or implied by acceptance of the Holiday booking.
5. There are a small number of parking spaces available at the community entrance. Spaces are not allocated and are limited. Please only park vehicles in a designated parking space, ensuring cars do not block access to other properties or vehicles.
6. Please respect the community and try to keep noise levels to a minimum, especially between 10 pm and 8 am.
5. Booking & Payment.
1. A contract between the Client (you) and the Landlord will come into existence when payment is received and a booking confirmation is issued showing the confirmed Holiday dates. The contract binds Client & all members of their party. It is the Client's responsibility to ensure that all members of their party accept the terms of the contract set out in these terms & conditions of booking. Failure to disclose all relevant information or comply with these terms may lead to termination of the contract & loss of the booking.
2. A deposit equivalent to 20% of the total booking value is payable to secure the Holiday. Bookings made less than 28 days before the scheduled arrival date must be paid in full, plus the Security Deposit (if requested).
3. The balance must be paid no later than 28 days before the commencement of the Holiday.
6. Cancellation & Refund.
1. Deposit is fully refundable for all cancellations made up to 28 days before scheduled arrival.
2. If the balance is not received by the due date, then the Holiday will be treated as a cancellation and the Client will liable to loss of deposit.
3. All cancellations must be notified in writing. Cancellation notices received more than 28 days before the Holiday is due to commence will be subject to a full refunded. Cancellation notices of 7 days or less will be subject to full payment for a maximum of 14 unused Holiday nights from the date of cancellation notice PLUS any Holiday nights already used, charged pro rata against the original booking value.
4. Clients are strongly advised to take out comprehensive travel insurance to cover cancellations. Where suitable cover is not obtained, the Client accepts responsibility for any loss that may be incurred due to their cancellation.
5. Refund actions where required will be made as soon as possible, usually within 48 hours but definitely within 5 working days.
7. Security Deposit.
1. Where requested by the Landlord, the Client must pay the £100 Security Deposit to the Landlord with the Rent, to be held by the Landlord until the end of the Term as security towards the Client's liability for any major damage.
2. Please note that if any keys issued are not returned at the end of the Holiday, the cost of replacement locks with a total quantity of 6 keys will be charged to the Client.
3. Loss or damage to the pool/garden access pass will result in a £15 replacement fee being charged to the client.
4. The Security Deposit shall be refunded to the Client within 1 week of the end of the Term (without interest) under deduction of such sums that may be due to the Landlord from the Client as a result of any breach of the Client's obligations.
8. Security
1. The Client shall remain responsible for ensuring that that all doors and windows are secured when leaving the property unoccupied.
2. The Landlord shall bear no responsibility for any loss the Client's personal belongings or valuables in or around the Property and community.
9. Insurance.
1. At all times throughout the Term the Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord's fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
2. The Client must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Landlord for the Property and the Landlord's fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
10. Arrival & Departure
1. Check-in from 1pm on day of arrival. Check-out by 10am on day of departure.
2. Check-in/Check-out times can sometimes be flexible by prior arrangement.
11. Quiet Possession.
1. The Landlord & their Agent agree not to interrupt or interfere with the Client's right to quiet possession and enjoyment of the Property.
12. Subletting.
1. The Client must not assign, sublet or part with or share possession of the Property or any part of it.
13. Use of Property.
1. The Client shall use the Property for the purpose of a private holiday residence for a maximum of four (4) persons only and not for any other purpose whatsoever and the Client must not use the Property or any part of it for any improper, immoral or illegal purposes.
2. The Property includes 'free to use' air-conditioning controlled by a button activated relay mounted below the a/c unit. The relay will remain active for a little over 1 hour before reset and can be re-activated by once again pressing the button. To ensure the most efficient use of the a/c unit please ensure that all windows and doors are closed whilst the a/c is in use.
3. The Property is privately owned and is our holiday home. We expect all Clients to enjoy the facilities and treat the Property with the same respect that they would with their own house.
4. Guests are responsible for the safety and security of their children at all times. Never leave children without adult supervision, especially in pool areas and on balconies.
5. The Property includes Internet/Wi-Fi and a basic TV english service which the Client is free to use however access to such services is not guaranteed and the Landlord is under no contractual obligation to provide them.
6. No compensation will be given for any temporary outage of electricity, water, internet connection or television service.
14. Nuisance.
1. The Client shall not (nor allow others to) cause nuisance or annoyance to the other community Clients or residents.
2. We reserve the right to terminate a holiday without compensation where the unreasonable behaviour of the any guest may impair the enjoyment, comfort or health of others in or around the community.
15. Damage.
1. The Client shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property. Any damage or missing items noted by the client should be notified to the Landlord's and/or their Agent at the earliest opportunity to ensure that appropriate action/rectification can be carried promptly. The Property will be inspected at the end of each Holiday & the Client may be charged for any loss or damage.
16. Alterations to Property.
1. The Client shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Client shall not (nor allow others to) remove any of the items specified in the inventory or any of the Landlord's possessions, from the Property.
17. Maintenance.
1. The Client shall keep any fixtures, fittings and effects of the Landlord in good repair and condition and must replace any damaged fixtures, fittings and effects with similar articles of at least equal value, reasonable wear and tear and damage by accidental fire excepted.
2. The Client must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
3. The Client must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.
18. Outgoings.
1. The Landlord will pay all the water, sewerage and electricity charges and any rates or taxes levied in respect of the Property.
19. Pets.
1. The Client shall not keep or allow pets of any kind at the Property without the express written permission of the Landlord. If any pets are permitted, they must be kept under strict control at all times and must not be left unattended in the Property. The Client will be responsible for all damage caused by the pet.
20. Reporting Disrepair.
1. The Client must report to the Landlord and/or their Agent any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances. The Landlord will endaevour to provide a solution in a manner and time-frame which is proportionate to the nature of the issue.
21. Right of Access.
1. The Client must allow the Landlord, their Agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Landlord's repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Client's breach of any covenant contained in this Agreement regarding repair, maintenance or decoration.
22. End of the Term
1. The Client must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted.
23. Safety Regulations
1. The Landlord confirms that all furniture and furnishings comply with the relevant fire safety regulations.
2. The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger.
24. Public Indemnity and public Liability
1. Landlord and/or their Agent do not accept any responsibility or liability for acts of omission of third parties, which may prevent or disrupt a Client's Holiday. The booking contract exists between the Landlord and the Client and is limited to the rental of the Property and associated facilities only. The information and descriptions supplied are believed to be accurate and are offered in good faith. It may be possible that certain facilities or features may not be available on occasions due to circumstances beyond the Landlord's control for which the Landlord and/or their Agent accepts no liability. In addition, no liability can be accepted by the Landlord and/or their Agent for any injury, loss or damage to the Client, any member of the Client's party or any visitor to the Property arising out of or in connection with the use of the Property or Facilities.
25. Force Majeure
1. The Landlord will not be liable or accountable for any unforeseen situations or unforeseen circumstances. This may be such situations as freak weather conditions, local or national strikes, Spanish government disputes etc or anything out of the ordinary.