Terms and Conditions & Agreement of Booking
Business Day means 10 am to 5 pm on any day (not being a Saturday, Sunday or public holiday);
Company means COMPANY NAME with Spanish Tax ID number …....................... and registered in ADDRESS..................................... (Balearic Islands) , inscribed in the Mercantile Registry of Ibiza in Spain, Mercantile Registry of Eivissa, Sheet number …................, Volume …........ and Page …......., acting as an independent agent for both Customers and Owners, and we and us shall be construed accordingly;
Agreement means the agreement in this email between us and you for the Property
Customer means the person, firm or company who becomes a customer of the
Company through booking a Property, and you shall be construed accordingly
Owner means the owner(s) of the Property (the Company is not the owner);
Party Leader means the person who makes the booking and is responsible & liable for the booking;
Property means a villa or apartment or other accommodation a Customer agrees to book through the Company;
Rent Commencement Date means the date the Rental Period starts;
Rental Period means the total number of days a Customer agrees to book a Property for through the Company;
Rental Price means the price paid by the Customer for renting a Property for the Rental Period.
These terms and conditions govern the Agreement at all times.
These standard terms and conditions govern the Contract at all times.
All warranties, conditions and other terms implied by statute or common laware, to the fullest extent permitted by law, excluded from the Contract.
1. Booking your holiday
1.1 You must be over 21 years old to make a booking with us. We reserve the right to refuse bookings at our sole discretion.
1.2 The Party Leader guarantees that it has the authority to accept and does accept these terms and conditions on behalf of each member of the booking party. Each member of the booking party has joint and several liability in respect of the Contract.
1.3 Once you confirm the Property and dates you wish to book and the booking price in writing, we will make final availability enquiries with the Owner. We will then confirm the booking by sending you an email with"Booking Reservation".
1.4 Regular bookings are over 6 weeks from check in date and these will require a payment of 50% within booking time and 50% six weeks prior to check in date the latest.
Last minute bookings are those which check in date is within 6 weeks from the booking date and these will require a 100% payment. Once you have completed your first payment your booking is confirmed. Until this payment is made we shall be under no liability to you whatsoever for this booking.
1.5 Property availability, conditions and prices are subject to change prior to us confirming your booking.
1.6 We must be notified of any special requests in writing at the time of making the booking. All special requests are subject to availability and will not be part of our contractual obligations unless specified in the"Booking Reservation".
1.7 The Company will not guarantee an early check.in or late check.out unless specifies in this booking confirmation. In case that you desire an early check.in or late check.out the Company will only be able to grant this 48hrs before your departure time. The change of time is considered an amendment of your booking and you must receive it in writing for it to be confirmed.
- In the event of the client willing to visit the property after their booking is confirmed the company will do up to two visits with no additional cost.In case of a third visit or more there will be an additional charge of 75€.
2. Paying for your holiday
2.1 You must pay 50% of the Rental Price to us within 2 Business Days of receipt of the "Booking Reservation" to confirm your booking. Once the deposit is paid you will be bound by these terms and conditions and the Property will be reserved for you. The remaining 50% must then be paid to us(cleared funds) at least 6 weeks before the Rent Commencement Date. If you book within 6 weeks of the Rent Commencement Date this will constitute a late booking and we must receive full payment of the Rental Price (cleared funds)within 2 Business Days of the "Booking Confirmation" email, and in any event prior to the Rent Commencement Date, to guarantee the Property is reserved for you. Once this payment is made you will be bound by these terms and conditions.
2.2 A refundable security deposit (to cover charges, including but not limited to, loss, breakage, unpaid local charges, excessive cleaning and additional maintenance), as shown in the “Booking confirmation”, must also be paid to us (cleared funds) 10 days before the Rent Commencement Date otherwise we may refuse you access to the Property.
2.3 We refund the security deposit within 20 days of the end of the Rental Period, subject to any deductions. We reserve the right to deduct charges from this deposit for the use of the telephone. We also reserve the right to retain the full security deposit until the Owner confirms there is no damage to the Property. Should the security deposit prove inadequate to fully cover any costs that may arise, we reserve the right to invoice you for the balance within 30 days of the end of the Rental Period, or at such other time to allow the total cost to be determined.
2.4 We only accept Euro as a currency and bank transfer as a method of payment.
2.5 If you fail to pay the amounts specified in conditions 2.1 and 2.2 by the due date as per conditions 2.1 and 2.2, we reserve the right to treat your booking as cancelled by you and you will be liable for the cancellation charges set out in condition 4.
2.6 Our meet & greet service is complimentary until 9pm, however in the event that your “meet and greet” is after 9pm until midnight (00hrs) you will be charged an additional late check.in fee of 50€. Check.in´s after midnight will be 90€ that you will pay directly to the property manager upon arrival.
2.7 A local tax is applicable called "Ecotasa" approved by theSpanish Touristic Government applicable from the 1 July 2016. It is up to the owner´s discretion to charge this amount upon check.in and the amount due would be:
- 1 May to 31 October for stays shorter than 9 days 2€ per person and night will apply. From 9 or more days 1€ per person and night will apply starting on the 9th night.
- Low Season 1 November to 30 April for stays shorter than 9 days 0,50€ per person and night will apply. From 9 or more days 0,25€ per person and night will apply starting on the 9th night.
- Occupants under 16 years does not apply
- Amending your booking
3.1 If, after your booking is confirmed, you wish to amend your booking (i.e.the chosen date of departure or the Rental Period), we will try to accommodate these changes, but it may not always be possible. Note that there is 30€ administrative charges each time you ask your booking to be amended. Any extension of the Rental Period may require you to transfer to a different property (Second Property) for the extended part of the Rental Period. If you are unwilling to transfer to a Second Property for this extended part, you may make another booking for another property (Replacement Property) for the total revised Rental Period (further references to a Property shall include any such Replacement Property), however, condition 4 (excluding 4.1) shall apply to any cancellation of your booking for the original Property.
3.2 Any request for changes to your booking must be made to us in writing from the Party Leader and will only be incorporated into the Booking if confirmed by us in writing.
3.3 If you vacate the Property before the end of the Rental Period you must let us know. We will not provide a refund for the remaining duration of the Rental Period and in such circumstances we reserve the right to allocate the Property to another booking.
4. Cancellation of the booking by you
4.1 You are deemed to have cancelled your booking if:
4.1.1 condition 2.5 applies ; or
4.1.2 the Party Leader provides written confirmation of cancellation (such cancellation to be effective when the written confirmation is received by us);or
4.1.3 condition 9 applies.
4.2 Where condition 4.1 applies, we will use our reasonable endeavors to allocate the Property to another booking with the same Rent Commencement Date and for the same Rental Period. However, we may only be able to allocate the Property to another booking for part of the Rental Period. The relevant cancellation fee (Cancellation Fee) shown in condition 4.3 is then payable by you (pro-rata in the event of an allocation for only part of the RentalPeriod). If we are unable to allocate the Property to another booking, you will be liable for the total Rental Price.
4.3 Cancellation Fees are based on the total Rental Price, are calculated from the Rent Commencement Date and are as follows:
4.3.1 Up to 6 months before the rental - 50%; reimburse of the total rent
4.4 If the Cancellation Fee has not been settled in full (cleared funds) by the Rent Commencement Date we reserve the right to charge interest at 3% above the base rate of Bank accruing daily and being compounded monthly until such debts have been settled in full.
- In case of any cancellation there will be a minimum 350€ per booking asan administration fee.
5. Cancellation of the booking by us
5.1 In the unlikely event we need to cancel your booking (for reasons beyond our reasonable control) we will advise you as soon as is reasonably practicable.
5.2 If we do have to change your booking we will try and find you a suitable comparable property (in terms of location, Rental Price and size)within our portfolio with the same Rent Commencement Date and Rental Period. If we cannot, you have the following options:
5.2.1 Agree to your booking being transferred to another property with a different Rent Commencement Date, subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid by you in accordance with condition 2.1) will be refunded. If the alternative is more expensive than that originally booked you will have to pay the difference within 7 days of confirmation and in any event prior to the RentCommencement Date; or
5.2.2 Cancel your booking completely and accept a full refund of all monies paid by you up to the date of cancellation, less any administration charges incurred in accordance with condition 3.3 and any charges we have incurred in accordance with condition 2.
6. Property Descriptions
6.1 We aim to ensure that information provided by Owners is accurately advertised by us. However, small differences between the actual Property and its description may occur. We shall not be held liable for any differences of opinion as to the condition or quality of the Property.
6.2 Occasionally, due to problems outside our control, some services or facilities may become unavailable at the Property. If this is the case, we will notify you as soon as is reasonably practicable after we have been informed.Such notification shall not constitute a cancellation in accordance with condition 5.
7. Occupation of the Property
7.1 It is your responsibility to inform us of your arrival details in wirtting. We are not liable for any additional costs or any disappointment you may incur if you fail to give us the correct arrival details within 24hrs prior to arrival.
7.2 Unless otherwise agreed in writing, the Property will be available from4pm on the Rent Commencement Date and you must vacate the Property by 11am on the last day of the Rental Period. If you fail to vacate the Property by 11am on the last day of the Rental Period, we reserve the right to charge you for an extra day (or longer where appropriate), pro-rata to the Rental Price. In the event of your arrival being before 4pm our on-site concierge will agree to meet you a place different to the airport and in the area of your property at 4pm to guide you to the property.
7.3 Although we make every effort to accommodate late arrivals on prior request in writing, arrivals after 10pm on the Rent Commencement Date (or 10pm on a later date if you do not arrive on the Rent Commencement Date), including delays due to delayed or cancelled flights or ferries, will be subject to al ate check-in fee based on the distance the Property is from your collection point.
7.4 It is your responsibility to ensure that the Property's inventory is accurate upon your arrival and that we are notified of any discrepancies within 24 hours of arrival. Unless we have been notified, you will be deemed liable for any discrepancies found at check-out. Note that moving furniture is not allowed in any property unless agreed in writing prior or during your stay.
7.5 Unless otherwise agreed in writing, no pets are allowed in the Property.
7.6 All keys and other devices for the Property or its contents are your responsibility during the Rental Period. We reserve the right to charge you to replace such items and/or to have the locks changed at the Property in the event that they are not all left with our representative on departure.
7.7 Our representative and/or our agents may require access to the Property during the Rental Period for any necessary repairs or maintenance. We will give you at least 24 hours notice, except in an emergency. In the event of living in housekeepers these will have the right to continue living and sleeping within the property as house managers, housekeepers and maintenance of the property.
7.8 We accept no liability for the intermittent failure of public utility supplies,sewage systems, plumbing, mechanical equipment or telephone systems or internet connections (where available) in the Property, but we shall use our reasonable endeavors to arrange their repair. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering and / or construction works near the Property.
- Where the Property is advertised as having Sky / digital television, we cannot guarantee access to as many channels as you may receive at home. Any requests for access to specific channels must be made in writing to us at least 30 days before the Rent Commencement Date. All requests are subject to availability and are not incorporated into the "Booking Reservation Step1" email.
7.10 All information contained in our welcome pack is intended to be a guide only.
8. Our liability to you
8.1 We are not responsible for any death or personal injury caused by negligent acts and / or omissions of the Owner.
8.2 We do not accept liability for any unusual or unexpected circumstances beyond our control or which we could not have avoided even if we had used all possible care.
8.3 The Property may have dangers such as swimming pools, dry stone walls,access to roads, steep steps and unfenced drops. As such the Property may no to be suitable for you - we do not represent that any Property is totally child friendly. All swimming pools are used at your own risk. You accept complete liability for any accidents caused by or arising out of your own negligence,misuse of the Property or failure to comply with local laws and regulations,including any caused due to alcohol and / or any drugs or medicine of any kind.
8.4 If you are injured whilst at the Property, you must report the incident to us within 24 hours of it happening, consult a local doctor and consult your EURO when you return home. If you make a claim against us in relation to any injury you must provide us with details of both the local doctor you consulted and your GP together with your written authority for us to obtain a written medical report from each of them.
8.5 The Company does not act as an agent for any supplier of activities,facilities or excursions. If you use any local services your contract will be with the local supplier, therefore we will not be liable for any complaints,claims, loss or damages in relation such services.
8.6 We do not accept any liability for any loss or damage to your property or for any distress howsoever arising.
9. Customer Behaviour
9.1 If in our opinion, the opinion of the Owner or the opinion of our representative, you are, or appear to be, behaving in such a way as to cause,or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we may terminate the Contract and you will be required to vacate the Property immediately. We will have no further liability to you causing the lose of your 100% of the damage deposit.
9.2 No parties or other functions, including commercial activities, may beheld at the Property without our prior written consent. In the event of you doing a party this could mean a loose of your damage deposit and on addition the immediate evacuation of the property. No DJ /Mixing Equipment or extra sound system is allowed on the premises without prior permission of the owner.
9.3 In the event of the police coming for any noise or unfortunate disturbance caused to the neighbors your will be responsible for any outcome of this event. Including a potential fine.
9.4 Each Property has a maximum number of permitted guests and unless we otherwise agree in writing you may not allow more guests to stay than the permitted maximum. We reserve the right to invoice you for any such additional persons staying at the Property.
9.5 Some Owners do not allow same parties or parties made up of members under the age of 25 years to make a booking. You must inform us at the time of booking if your party falls within these categories. It is at the Owner's sole discretion to accept such bookings.
9.6 You must not act in any manner or omit to do anything that, in our reasonable opinion or that of the Owner, might invalidate any insurance cover on the Property.
9.7 If you breach any of conditions 9.2 to 9.4 (inclusive), or misrepresent the information given in relation to any of them, we reserve the right to take the following action against you:
9.8.1 denying you entry to the Property; and / or
9.8.2 retaining the full amount of your security deposit (should the security deposit prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 30 days or at such other time to allow the total cost to be determined); and / or
9.8.3 eviction from the Property.
9.9 If you are evicted from the Property in accordance with condition 9.6,the agreement will be deemed cancelled by you and condition 4.3.4 shall be deemed to apply and you will be liable to reimburse all of our related expenses. You will not be entitled to receive any refund.
9.10 Subletting is ilegal and will cause the loose of your full deposit as well as the evacuation of the party leader and all his/her guests immediately.
9.11 In case of any damage this will be deducted from your deposit for damage. You will be sent an invoice as well as picture to justify the charge in a maximum of 20 days after your departure.
9.12 The administrative charges for any damage you or any of your guests may have caused will be deducted from the damage deposit and will be:
9.12.1 Up to 500€ damage admin charge of 150€ + TAX
9.12.2 Up to 500€-3.000€ damage admin charge of 250€ + TAX
9.12.3 Up to 3.000€-10.000€ damage admin charge of 250€ + TAX
9.12.4 More than 10.000€ damage admin charge of 300€ + TAX
9.12.5 You must pay the damage deposit one week before your arrival the latest. Note that in the event of this damage deposit not being paid B&CO reserved the right to denying you access to the property for unfulfillment of the contractual and "Term & Conditions" of the company ….........................................
9.12.6 You will be refunded the damage deposit 20 working days after your check.out day
9.12.7 The damage deposit is by no chance a payment method but only a provision for any damage you may cause and this damage deposit can not be use to pay any bill you may have incurred during your stay with …............................................
10.1 You must provide your own travel, medical and any other insurance you require and all such policies must be in force for the entire Rental Period.
11.1 In the unlikely event that you have a complaint please promptly report it to our local representative in writing .
11.2 All formal complaints must be made to our local representative by the Party Leader as soon as possible and in any event before the end of the Rental Period. All such complaints must also be made in full in writing to us within 7days of the end of the Rental Period. Any complaint received after this period will only be considered by us at our sole discretion as it may prove difficult to investigate or rectify your complaint.
12. Passports, visas and heath requirements
12.1 It is your responsibility to ensure that you have a valid passport and visa (if applicable).
12.2 We are not obliged to assist you if you are refused travel. Your passport and travel documents must be intact - you may not be able to travel if they are damaged or they have been tampered with.
12.3 Passport, health and visa requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure.
13. Data protection policy
13.1 You acknowledge and agree that your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with your travel arrangements.
14. Force Majeure
14.1 We shall have no liability to you if we are prevented from, or are delayed in performing, our obligations under the Agreement or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party or agent),failure of a utility service or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.
15. Waiver and severance
15.1 A waiver of any of our respective rights is only effective if it is in writing. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise.
15.2 No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
15.3 If a provision (or part provision) of the Agreement is found by any court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, the provision (or part provision) shall apply with the minimum modification necessary to make it legal, valid and enforceable, and the validity and enforceability of the other provisions (or part provisions) of theContract shall not be affected.
16.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under the Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent.
17.1 The Contract (Rights of Third Parties) Act 1999 shall not apply to theAgreement.
17.2 These terms and conditions together with the Agreement contain the entire agreement between the parties and may not be varied, save as agreed in writing between the parties.
17.3 Any notice or other communication given under the Agreement by either party shall be in writing and shall be delivered either: personally; by pre-paid first-class post; recorded delivery; or by commercial courier to the other party.
17.4 Any notice or other communication given under the Agreement shall be deemed to have been duly received: if delivered personally, when left at the address for the other party; if sent by pre-paid first-class post or recorded delivery,at 11am on the second Business Day after posting; or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
17.5 The Agreement, and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the Spanish Court in Ibiza. The parties irrevocably agree that the courts of Spain in Ibiza shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, theAgreement or its subject matter.
****INFORMATION PURSUANT TO THE PROVISIONS IN THE LAW ON PROTECTION OF PERSONAL DATA. In compliance with the provisions of article 5 of the OrganicLaw 15/1999, of December 13, Protection of Personal Data, both parties are informed explicitly, precisely and unequivocally files inclusion in the responsibility of each one of them, as appropriate, for the purpose of development, implementation and control of the contractual relationship, and may exercise, at any time, access rights, rectification, cancellation and opposition for it to addresses for service contained in the heading of this contract, enclosing a photocopy of your ID.
Also, both parties are informed that their data will be transferred in all cases where it is necessary for the development, implementation and control of the contractual relationship or in the event that authorized a standard range of law or standard of Community law and, in particular, where for one of the following assumptions: a) Treatment or disposal aimed at satisfying a legitimate interest of the controller or the transferee covered by these rules,provided that no interest prevails or rights and freedoms of data subject sunder Article 1 of the Organic Law 15/1999, of December 13 b) Treatment or disposal of the data is required for the controller to comply with a duty imposed one of these standards.
The refusal to use or transfer of the data would imply the impossibility of maintaining and enforcing the contractual relationship.
In order to comply with the provisions of Article 4.3 of the Organic Law15/1999, of 13 December, both parties agree to communicate the changes that occur in your data, so that they respond truthfully to your situation current at all times.