BOOKING TERMS & CONDITIONS
These Booking Terms and Conditions ("the Conditions")
set out the basis upon which SPM Rentals ("we" or "us")
accept bookings for a property rental on behalf of the Owners (the "Owner")
of the properties. Reference to "you" and "party leader"
mean the person making the booking ("the party leader") and
all members of the rental party who have been accepted by SPM Rentals
on behalf of the Owner. Your rental contract with SPM Rentals, on behalf
of the Owner, is governed by Spanish Law and is subject to the exclusive
jurisdiction of the courts of Spain. In this rental contract, the singular
includes the plural and the masculine the feminine and vice versa. Headings
are for convenience only and shall not affect the interpretation of any
provision.
1. Contract
You can book a property and take up the offers on the website or otherwise
advertised if the applicable property or offer is still available. You
may book a property for periods of time not covered by our website. All
such bookings will be made on the understanding that they are subject
to the Booking Terms and Conditions detailed on our website and which
will be sent to you with the booking confirmation. Accommodation is for the named clients only and may not be able to be added, sublet or assigned in any way.
We accept bookings by email, telephone, and fax or by
post. When you receive the booking confirmation you should check the contents
carefully. If anything is not correct, you should notify SPM Rentals immediately.
It may not be possible to amend details at a later date if we have not
been notified immediately of any inaccuracies (as set out in Condition
7).
In all cases, the lead member of the party must be over
18 and accepts these Conditions on behalf of all persons named on the
booking form, and agrees to keep all members of the party informed of
all matters relating to the rental period.
2. Arrival and Departure Times
You can arrive at the property after 15:00 hours on the start date of
the rental period and must leave by 10:30 hours on the last day of the
rental period unless otherwise agreed. We will greet you at the property to show you around and how things work. If you arrive outside of the normal 8:00 am and 8:00 pm hours there will be an out of fee charge of up to 40 euros.
Should you wish to check out later than 10:30 hours or wish to stay longer this
is subject to availability of the property and there may be an additioanl supplement. You must
request this during your stay or at time of booking.
Between 2-4 weeks prior to the commencement of your rental
period, we will send you full details of the property address, arrival
instructions, key collection instructions and contact numbers of our representatives.
3. Payment
When you book a rental period in your chosen property, an initial deposit
of 30% of the total rental period cost must be made at the time of booking.
Full payment of your total rental period cost is required if you book
less than 8 weeks (including the damage deposit) before the start of your
rental period. We will forward payment instructions to you upon receipt of confirmation that you wish to go ahead with the booking.
A booking form will be sent to the lead party member to
complete and return to us. This will be sent with a copy of the Booking
Terms & Conditions and your booking confirmation details, including
additional services, which we have booked on your behalf. SPM Rentals
must receive the balance of the total rental period monies payable no
later than 8 weeks before the commencement of the rental period. However,
if we do not receive the balance payment due in full and on time, we reserve
the right to treat the rental period as cancelled by you. In this case
cancellation charges, as set out in Condition 6, will apply.
If any payment you make is not honoured for any reason
whatsoever, SPM Rentals may charge an administration fee of £25.
If there are any changes to the prices, services or other
particulars that we offer, we will inform you prior to entering into a
rental contract with us. The currency exchange rate used in calculating
exchange rates will be current at the time of booking and is subject to
daily currency fluctuations.
4. Damage Deposit
A damage deposit of £100 will be requested when the balance payment
for the rental period is due. Providing no damage is caused during the letting period, the deposit will be returned after the end of the rental period, allowing up to 14 days for receipt. We urge you to notify SPM Rentals of any damage to the property during your stay so that it may be quickly rectified. Damage discovered after the end of the rental period will be notified to the party leader. Claims against the deposit will be made in the event of any damage caused other than wear and tear. If you fail to vacate the property at the specified times or if abnormal cleaning is required then this is chargeable against the deposit.
5. Cancellation by you
If you wish to cancel your rental period in full or in part, you must
confirm this in writing by email, fax or post to SPM Rentals at our contact
address. You remain responsible for the total cancellation charges of
the booking and all outstanding balances must be paid in full.
A cancellation can only be accepted from the lead member
of the party. The cancellation will be effective from the date the cancellation
instruction is received by SPM Rentals. The cancellation charges set out
below in Condition 6 will be payable, and are based on the expenses and
losses suffered by us as a result of cancellations. You remain responsible
for the total cancellation charges of the booking and all outstanding
balances must be paid in full.
6. Cancellation charges
Period before rental period commences within which notification in writing
is received by SPM Rentals.
Cancellation charge is as a percentage of the total rental period cost,
inclusive of extras.
More than 8 weeks - retention of booking deposit
7-8 weeks - 80% cancellation charge
5-6 weeks - 90% cancellation charge
4 weeks or less - 100% cancellation charge
The damage deposit is fully refundable.
7. Amendments by you
If you wish to amend your booking once you have received a booking confirmation,
we will do our best to satisfy your requirements. An administration fee
of £25, together with any other costs will be charged for each change
made to the complete booking confirmation. However, it is important to
realise that a change of property or dates may have to be treated as the
cancellation of one booking and the making of another. In such cases cancellation
charges may be incurred and the cancellation charges in Condition 6 will
apply. When the change is requested we will remind the party leader of
the cancellation charges applicable. If the party leader still wishes
to change the booking it will be treated as cancelled by you.
8. Cancellation or changes by the Owner or SPM Rentals
Neither the Owner nor SPM Rentals expect to make any changes to your booking,
but occasionally problems occur and bookings have to be changed or cancelled.
If this does happen, we will contact the party leader as is reasonably
practical, explain what has happened and inform them of the cancellation
or change.
If a significant change has been made or your booking has to be cancelled,
we will offer the party leader the option of:
a) Accepting the changed arrangements;
b) Accepting an alternative property of similar type and
standard in a similar location;
c) Cancelling your rental period with a full refund of
payments
Where your booking has significantly changed or cancelled,
and you do not wish to accept any change with good reasoning, or we cannot
offer an alternative property, SPM Rentals will refund all of the monies
to you. In the unlikely event that the party leader fails to tell us that
you wish to accept change or refuses an alternative property offered,
we are entitled to cancel the booking and you will receive a refund of
all monies.
In addition a compensation payment of £30 per group
booking is payable to the party leader, except where the change or cancellation
is a result of Force Majeure, as set out in Condition 9.
A compensation payment is not payable and no liability
can be accepted jointly or individually by either the Owner or SPM Rentals
if we are forced to make a change or cancellation as a result of an unusual
and unforeseeable circumstance(s) or event(s) beyond our control, to which
the consequences could not have been avoided even with all due care (please
refer to Condition 9 Force Majeure).
9. Circumstances beyond the control of the Owner/SPM Rentals
Where a cancellation or major change is made as a result of Force Majeure
we cannot pay any expenses or costs you incur as a result. Minor changes
are not eligible for compensation and do not entitle you to cancel or
take an alternative rental property without paying our normal charges.
By way of an example, Force Majeure includes fire, flood, terrorist attack,
exceptional weather conditions, epidemics, destruction or damage of the
property by another cause (other than negligence by the Owner or SPM Rentals)
and all similar situations. We can not be held responsible for any disruption to utility services such as the supply of electric and water.
10. Alternative rental arrangements
If, as a result of cancellation or a significant change to your rental
period by us, you decide to rent an alternative property from us, which
is less expensive than originally booked, we will refund the difference
in price. If, however, you rent an alternative property from us comparable
to the initial property, which is more expensive, we will arrange to pay
the difference.
11. Your responsibilities
You and all members of your party are responsible:
a) For the property and you are expected to take reasonable
care of it.
b) For leaving the property in a clean and tidy condition,
similar to how you found it upon your arrival.
c) For any damage to the property, its contents or to
any Third Party visiting the property, which is caused by you, a member
of your party or any person you invite to the property. We strongly
recommend you take out Personal Insurance which provides personal liability
protection.
d) For not using the property for commercial purpose,
including without limitation assigning or subletting it or otherwise
allowing anyone to occupy it who has not been accepted by SPM Rentals
or is not named on the booking confirmation and/or booking form.
e) For costs of any breakage or damage in or to the
property, along with any additional costs that may have be caused by
you and/or any members of your rental party. We can require payment
from you to cover such costs.
f) For ensuring the guest call out service is necessary
and related to the property otherwise a charge of 40 Euros per call
out will be deducted from the damage deposit. Outside of 8:00 am to
8:00 pm the charge increases to 80 Euros per call out. If guest call
outs continue then additional charges will be levied to them. The charges
made for the guest call out service are at the discretion of SPM Rentals.
g) For allowing the Owner and any representatives of
the Owner (including workmen) access to the property at any reasonable
time during your occupation of the property (except in cases of emergency
or where a problem needs remedying quickly and you cannot be contacted
in time. In this situation the Owner or representative is entitled to
enter the property at any time without giving prior notice).
h) For not allowing pets on beds or chairs or in any
communal facilities or shops. Pets must not be left unattended in the
property, and dogs should be exercised on a lead.
i) For arranging your own personal travel insurance
so as not to claim on the Owner's in the event of cancellation, theft
etc.
12. Our responsibilities
The accommodation we arrange on your behalf belongs to the property Owner
and we act as agent on their behalf. We manage all the rental arrangements
and will accommodate your specific rental requirements to the best of
our ability.
We endeavour to offer you prompt assistance should you
or any member of your party find yourself in difficulty whilst renting
one of our properties.
If there are any problems with the property during your
stay our contact number is readily available. Naturally we will try to
resolve any problems over the telephone without the need for a visit to
the property, which will incur additional costs. If the problem cannot
be resolved by telephone we will visit you at the property.
13. Party Size
The Owner and/or SPM Rentals reserve the right to refuse admittance should
the maximum occupancy be exceeded and/or any persons staying are not detailed
on the booking form. Owners do not allow tents or caravans in their grounds.
You cannot take pets into the property unless this has been agreed in
writing in advance and is shown on your booking confirmation.
14. Breach of the Conditions
If you breach any of the Conditions the Owner or SPM Rentals can refuse
to hand over the property to you, or can repossess it. If either the Owner
or SPM Rentals do so, this is treated as a cancellation by you. No refund
of any monies you have paid in respect of your booking will be made. Neither
the Owner nor SPM Rentals will have any liability to you as a result of
this situation arising (including for example any costs or expenses you
incur due to not being able to occupy the property). In this situation
neither the Owner nor SPM Rentals is under any obligation to find any
alternative accommodation for you.
15. Complaints
We do not wish to have dissatisfied clients and we consider it part of
the rental contract to be given the opportunity to put right any grievances
you may have whilst at the property. In the unlikely event you are dissatisfied,
you must in the first instance contact the SPM Rentals representative
so that any problems can be resolved. It is often extremely difficult
(and sometimes impossible) to resolve difficulties properly unless we
are promptly notified. Immediate discussion with us whilst you are in
residence will usually enable shortcomings to be rectified straightaway.
In particular, complaints of a transient nature (for example, regarding
water heating of the property) cannot possibly be investigated unless
registered while you are in residence.
If after this, you feel that the problem has not been
resolved to your satisfaction, then you must, within 28 days of the end
of your rental period, put your complaint in writing to SPM Rentals at
the contact address. This will then be investigated and rectified with
the Owner. Accordingly, in any situation if you did not make a complaint
or claim in accordance with this procedure, it may affect your entitlement
to claim compensation where this would or may otherwise have been appropriate.
SPM Rentals cannot be held responsible for unforeseen
construction work in the vicinity of the property, which is totally beyond
our control. Although we are very sympathetic under these circumstances
and will assist, we have no power to stop construction work and, as such,
cannot be held liable.
16. Website Information
Whilst every effort has been made to ensure the accuracy of the website,
regrettably changes and errors do occasionally occur and the rental information
may have changed by the time you come to book your rental property. Any
such changes will be notified to you at the time of booking.
Where any reference is made to local public services,
these are intended for the clients' convenience and we are unable to accept
responsibility for the non-availability of these public services.
All distances mentioned are approximate and driving times
are a guide and may vary subject to road conditions and volumes of traffic.
These Conditions will prevail where there is a discrepancy
with any other information detailed on our website or other.
17. Liability
The Owner and SPM Rentals shall have no liability for any death or personal
injury, unless in the case of SPM Rentals, this results from the negligence
of SPM Rentals or one of our employees (providing they were at the time
acting in the course of their employment). Or unless in the case of the
Owner, this results from the Owner's negligence or that of any employee
of the Owner (providing they were at the time acting in the course of
their employment).
You must take all necessary steps to safeguard your personal
property. The Owner and SPM Rentals shall have no liability in respect
of damage to, or loss to, such personal property. Unless in the case of
SPM Rentals, this results from the negligence of SPM Rentals or one of
our employees (providing they were at the time acting in the course of
their employment). Or unless in the case of the Owner, this results from
the Owner's negligence or that of any employee of the Owner (providing
they were at the time acting in the course of their employment).
As SPM Rentals acts only as agent for the Owner, we cannot
accept any liability for any act(s) or omission(s) of the Owner or anyone
representing, or employed by, the Owner. Further, SPM Rentals cannot accept
any liability for any shortcomings or defects with or in any property
as all properties are within sole control of the Owner. Please also refer
to Condition 9 Force Majeure.
Your booking is made as a consumer and you agree that
the Owner or SPM Rentals can accept no liability for any expenses, costs,
losses, claims or other sums of any description which relate to any business,
howsoever suffered or incurred by you. When you make a booking with SPM
Rentals, a binding contract will come into existence when you pay a deposit
and we issue a booking confirmation. This signifies that SPM Rentals on
behalf of the Owner has entered into a contract with you for the rental
of a chosen property for a specific rental period, subject to these Conditions.
SPM Rentals has the right to refuse any booking prior to the issue of
your booking confirmation. If SPM Rentals do this we will inform you on
behalf of the Owner and promptly refund any money you have paid us.
18. Each of the provisions of these Conditions
are distinct and severable from the others and if at any time one or more
provision is or becomes invalid, unlawful or unenforceable (whether wholly
or to any extent), the validity, lawfulness and enforceability of the
remaining provisions (or the same provision to any other extent) shall
not in any way be affected or impaired.
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