Rental terms · Finca Llíber

1. Definitions

These general terms and conditions apply to a temporary rental agreement between the Landlord and the Tenant for an accommodation at Finca Llíber. By making a reservation the Tenant declares to agree with these general terms and conditions.

Tenant: the person who rents the accommodation from the Landlord for a specified period and has paid the agreed rental price to the Landlord.
Landlord: the owners of Finca Llíber, being those who rent the accommodation to the Tenant.
Rental agreement: the agreement between the Tenant and Landlord regarding the rental of an accommodation.
Rental price: price per rental period. The rental price may be increased with additional costs and a deposit.
Reservation confirmation: the reservation confirmation is sent to the Tenant after submitting a booking.
Down payment: the portion of the rental price the Tenant owes the Landlord at the moment of booking.
Deposit: amount paid in advance by the Tenant to the owner to cover any costs, damages or losses for which the Tenant is responsible.
Arrival and departure time: the times agreed between Tenant and Landlord.
Information folder: a set of documents with brief descriptions for the use of equipment and facilities, plus house rules.

2. Reservation, booking and payment

2.1 Reservation and confirmation

The rental agreement comes into effect after the Tenant has placed a reservation request and this has been confirmed by the Landlord with a reservation confirmation. You will receive a rental agreement along with it. After receiving the confirmation you return the signed rental agreement to us.

2.2 Rental price

The rental price stated in the Rental agreement includes:

Electricity up to a maximum per week for the Cabaña (42 kWh) and the Casita (30 kWh). Any consumption above this (excessive use of air conditioning or electrical appliances) will be charged additionally;
Water consumption;
Linen (bed and bath linen).

The rental price stated in the Rental agreement does NOT include:

Mandatory final cleaning (see price list).

2.3 Payment conditions

After receiving the reservation confirmation the Tenant pays, within 7 calendar days, 30% of the rental price (with a minimum of € 100), as indicated on the confirmation.

No later than four weeks before the start of the rental period, the full rental price including cleaning costs and deposit must have been transferred to the Landlord's bank account.

For reservations made within 4 weeks of the start of the rental period, the Tenant must pay the total rental price (including deposit and cleaning costs) immediately.

If this is not done the right to rent the accommodation lapses, subject to the provisions of article 8.2.

2.4 Deposit

The Landlord charges the Tenant a deposit. The deposit must be transferred together with the final payment (six weeks before arrival) to the bank account indicated by the Landlord.

After the end of the agreed stay the deposit is refunded by the Landlord to the Tenant's bank account within 10 working days, after deduction of any costs for damage, defects, losses, extraordinary cleaning costs or excess energy consumption. Any deduction is reasonable and at the Landlord's discretion.

3. Arrival and departure

Arrival and departure take place on the arrival and departure dates stated in the reservation confirmation. Arrival from 16:00. Departure before 11:00. Deviations are possible by mutual agreement.

The Landlord ensures that the accommodation is made available to the Tenant at the agreed arrival time in a properly maintained state and in accordance with the booking confirmation.

3.1 Initial inspection

On arrival the Tenant checks themselves whether the accommodation and its inventory are complete and undamaged. If anything is damaged or missing, the Tenant must report this to the Landlord immediately on arrival. The Landlord will do their utmost to repair, replace or complete what is needed.

If, on arrival, the Tenant finds the accommodation not clean or tidy, the Tenant is asked to inform the Landlord so that appropriate measures can be taken.

3.2 Safety

On arrival in the accommodation the Tenant is obliged to inspect the accommodation for any unsafe situations. If, in the Tenant's opinion, an unsafe situation exists, they will notify the Landlord immediately. The Tenant will give the Landlord a reasonable amount of time to remedy the situation.

3.3 Departure

The expected time of departure must be communicated by the Tenant to the owner in good time. The owner inspects the accommodation together with the Tenant. After the stay the accommodation is left tidy and "broom clean" by the Tenant. Crockery and utensils are returned clean to the cupboards. Furniture that has been moved must be returned to its original place.

3.4 Cleaning

The final cleaning is arranged by the Landlord.

At the end of the rental period the Tenant must leave the house in the same condition as it was found. The Tenant takes care of doing the dishes and taking out the rubbish.

4. Tenant obligations

The Tenant is obliged to comply with the rental agreement and accompanying information. They ensure that co-tenants and/or third parties visiting or staying with them also comply with the agreement and the accompanying information.

4.1 Absence

When leaving the accommodation, the accommodation must be locked. In the event of theft or loss resulting from a failure to do so, the Tenant will be held liable for the full damage.

4.2 Smoking and fire risk

Smoking is not permitted in the accommodation. In the event of fire caused by negligence, the Tenant will be held liable for the damage.

4.3 Pets

Pets are not allowed, unless agreed in advance with the Landlord and recorded in the Rental agreement.

4.4 Information folder

An information folder is available in the accommodation, containing instructions for the use of equipment, facilities and house rules. The Tenant is deemed to have read this information before using the facilities and appliances.

4.5 Guests and visitors

Overnight stays are permitted in the accommodation up to the maximum number of persons stated in the Rental agreement. Only the persons named by the Tenant on arrival are entitled to stay overnight in the accommodation.

Overnight stays of visitors are only permitted with prior consent of the Landlord and payment of a separately agreed additional rental fee. It is not allowed to admit other persons to the accommodation, other than those designated by the Tenant and Landlord or friends, acquaintances or family. The Tenant is responsible for all such persons.

In case of violation of the above provisions, the rental agreement will be terminated with immediate effect and access to the accommodation will be denied. The Tenant remains liable for the full rental price.

4.6 Bedding

The Tenant must use linen on the beds and is not entitled to use beds without sheets.

5. Tenant liability and responsibility

5.1 Defects and damage

Damage, defects or losses must be reported immediately by the Tenant to the Landlord. The Landlord will do everything possible to remedy defects as quickly as possible, but cannot be held liable for any delay and/or inconvenience caused by these repair works.

If damage to the house (including the swimming pool) or inventory occurs through unlawful use, vandalism or theft caused by the Tenant, the Landlord is entitled to recover the costs from the Tenant.

The Tenant is obliged to keep the accommodation and its immediate surroundings, throughout the term of the agreement, in the same condition as found on arrival.

5.2 Tenant responsibility

The Tenant is responsible for the proper treatment of what has been rented and is liable for any damage caused by the Tenant or fellow travellers during their stay.

5.3 Smoking and open fires

Smoking is not permitted in the house and guest accommodation. Open fires are also prohibited by the municipality. Charcoal barbecues are not allowed unless the Landlord grants permission.

5.4 Travel and cancellation insurance

The Tenant is responsible for taking out travel and/or cancellation insurance.

6. Landlord liability and responsibility

6.1 Availability

The Landlord ensures that the accommodation is made available to the Tenant at the agreed arrival time in a properly maintained state and in accordance with the Rental agreement.

6.2 Nuisance

The Landlord is not liable if, during the stay, disturbances and/or inconveniences occur caused by third parties (municipality, province, neighbours, etc.), nuisance resulting from construction and/or agricultural activities near the house, or temporary unavailability of water, electricity or internet.

6.3 Injury, damage or theft

The Landlord is not liable for loss, theft or damage of and to personal belongings or vehicles belonging to the Tenant.

6.4 Description of the accommodation

All information provided about the house is supplied in good faith. If any changes occur between the moment of reservation and the start of the rental period, the Landlord will inform the Tenant, but cannot be held liable for them.

7. Laws and regulations

The Landlord ensures at all times that the accommodation, both internally and externally, meets all environmental and safety requirements that may be imposed on the accommodation by the authorities.

The Tenant is obliged to strictly observe all safety regulations applicable on the premises. The Tenant also ensures that co-tenants and/or third parties visiting or staying with them strictly observe the safety regulations applicable on the premises.

The Landlord accepts no liability for:

theft, loss or damage of any kind suffered by the Tenant during or as a result of the rental and stay in the rented accommodation and on the premises of the Landlord;
malfunction or shutdown of technical equipment in the accommodation, temporary failures or disturbances of water and/or energy supply, road and/or construction works in the vicinity of the accommodation;
damage or injury resulting from the use of the accommodation, including its inventory, or accidents in and around the accommodation.

The Tenant is jointly and severally liable for all loss and/or damage to the rented property and its inventory, regardless of whether this is the result of acts or omissions by the Tenant or third parties present in or around the rented accommodation with the Tenant's permission. In case of incorrect use or improper return of the rented accommodation, the costs will be recovered from the Tenant.

All disputes between Tenant and Landlord are subject to Spanish law.

8. Termination or modification of the rental agreement

The agreement ends by operation of law after the expiry of the agreed period, without notice of termination being required.

In case of rescission or cancellation of the agreement, the Landlord is entitled to offer the accommodation for rent again or to rent the property immediately to another party.

8.1 Changes by the Tenant

No changes to a booking can be made by the Tenant other than after consultation with and approval of the Landlord.

In the event of later occupancy or early termination of the stay in the accommodation, the full rental price remains payable.

8.2 Cancellation by the Tenant

In case of full or partial cancellation of the booking or termination of the rental agreement by the Tenant, the Tenant owes:

within two weeks before arrival: 100% of the rental price;
between two (2) and six (6) weeks before the start of the rental period: 75% of the rental price;
up to eight weeks before the start of the rental period: 30% of the rental price, with a minimum of € 100.

Cancellation must be made in writing.

8.3 Changes by the Landlord due to unforeseen circumstances

The Landlord may terminate or modify the rental agreement in the following cases:

in case of non-payment (or late payment) of the rental price by the Tenant; the Landlord's right to full payment of the agreed price remains unaffected;
force majeure, war, strike, natural disaster, exceptional weather, fire, death of the Landlord or their immediate family. All amounts paid by the Tenant for unused nights will be refunded to the Tenant within 10 working days of termination;
due to circumstances of such nature that renting the holiday home becomes impossible, including but not limited to: theft of inventory, vandalism to the accommodation and the unauthorised admission of persons as described in article 4.5. If this is attributable to the Tenant, the Landlord retains the right to payment of the rental price and any damage arising from this;
if the house becomes uninhabitable due to unforeseen circumstances, the Landlord is forced to cancel the rental agreement and the Tenant will be informed immediately. Refund of rental amounts already received will take place within 10 working days.

8.4 Changes by the Landlord due to nuisance

If the Tenant, despite a prior warning, causes nuisance to the Landlord and/or other Tenants, or spoils the good atmosphere on or in the immediate vicinity of the premises, the Rental agreement will be terminated with immediate effect.

After termination the Tenant must ensure that the accommodation is vacated and the premises are left as soon as possible, no later than within 4 hours. The Tenant remains in principle obliged to pay the agreed rental price.

8.5 Consequential damage Tenant

The Landlord is not liable for any damage suffered by the Tenant as a result of the termination of the agreement.

8.6 Complaints

All complaints and defects observed regarding the use of the accommodation must be submitted by the Tenant to the Landlord immediately. The Tenant will give the Landlord sufficient opportunity and cooperation to resolve the complaint within a reasonable time.

If the complaint cannot be resolved satisfactorily, it must be submitted by the Tenant in writing and with reasons to the Landlord. Complaints can be submitted no later than 30 days after the end of the stay in the accommodation.

9. Privacy

By making a booking the Tenant's personal data is included in our address file. If you no longer wish this, you can let us know via the contact form on the website. In accordance with the General Data Protection Regulation (GDPR) we do not share your personal data with third parties. We use your data to track the status of your reservation and payment, to send you the necessary information about your stay, and to keep you informed of our services.

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