Rental Agreement

This is an agreement for the short term Holiday rental of the Cortijo and Casita at Casa Cruz Holiday Villas Iznajar Spain under the Tourist Licence Vivienda Rural VTAR/CO/094 - which permits the owners to rent the two villas to up to a maximum of 13 persons for no more than one 90 day period

Short Term Rental Terms

1. Terms of the Agreement

1.1   These terms apply when the owner of Casa Cruz, Cortijo and Casita, or the owner’s authorised manager or agent, offers to rent the property ("the Cortijo and or Casita") to a renter (the "renter"). Under this Agreement, the renter agrees to rent the Holiday House from the owner and the owner agrees to rent the Holiday House to the renter on the terms of this agreement (the "Agreement").

2. Bookings/Deposits/Cancellation of Bookings

Bookings

2.1   A booking is made when a renter contacts the owner of the Holiday House, the owner and renter agree to rent the Holiday House for the term for a price (the "rental"), and the renter pays a deposit (usually 20% by bank transfer). Confirmation of a booking will be provided to the renter by Email once the deposit has been received by the owner.
2.2   At the time of booking the owner may set out terms and conditions in addition to those in this Agreement ("additional terms") which may include, without limitation, terms relating to pets, tents, the number of people permitted to occupy Casa Cruz, and additional fees or costs which apply to the booking. The renter agrees to comply with the additional terms, including any terms set out in the site listing for Casa Cruz, as if they were set out in this Agreement.
2.3   Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the owner the renter is liable for the balance of the rental together with any extra costs or fees set out in the additional terms, to be paid 1 week prior to start of the rental period.

Deposit

2.4   The renter must, to confirm a booking, pay the owner a deposit equal to 20% of the full price of the Rental - by Bank Transfer, this will then confirm the booking.

Payment of Rental

2.5   The balance of the rental, is payable by the renter one week prior to the renter picking up the keys to Casa Cruz.

Amendments and Cancellations

2.6   Any cancellation or amendment must be in writing.
2.7   The owner may refuse to amend a booking once it has been confirmed in writing and any amendment or transfer of deposit to another booking will be at the sole discretion of the owner.
2.8   The owner may cancel a booking by notice in writing if the renter fails to make any payment due under this Agreement when that payment is due.
2.9   If a renter cancels this Agreement more than 28 days prior to the commencement of the term the deposit shall be forfeited by the renter. The balance of the rental will not be payable.
2.10   If the renter cancels this Agreement fewer than 28 days prior to the commencement of the term the rental will remain payable by the renter.
2.11   If the owner cancels this Agreement at any time prior to the commencement of the term the owner will refund the renter any money paid prior to cancellation.

3. Damage and Bond

3.1   The renter is responsible to the owner for all breakage, damage and destruction to any property, direct and indirect costs, fines incurred, charges from third parties arising, and damage caused to the Holiday House, Casa Cruz (including any contents) during the term. The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 3.1 and to immediately, on demand, reimburse the owner for all such costs.

4. Occupation of the Holiday House

4.1   The renter must not permit more people to occupy Casa Cruz than the number stipulated by the owner in the booking confirmation or in the advertisement on the site.
4.2   The renter must not permit smoking in the Holiday Houses. Smoking may be permitted within the boundaries of the property provided the renter ensures that all associated rubbish is removed at the end of the term.
4.3   The owner may enter the property and the Holiday House at any time to inspect the property and Holiday House provided the owner gives the renter not less than 2 hours’ notice. Such notice shall be provided by phone and in writing.
4.4    The Holiday House will be available for occupation from 4.00 p.m. on the day of arrival and must be vacated by 10.00 a.m. on the day of departure. The arrival and departure times may be varied by agreement between the owner and the renter in writing.
4.5    The owner must be provided with 48 hours’ notice of the requested arrival time of the renter so the owner may make arrangements in respect of the keys for the Holiday House.
4.6   The owner accepts no responsibility for any loss, or damage, to any of the renter's personal belongings at the Holiday House.
4.7 The Renter must provide the owner with valid Passports (or other Photo ID) on arrival at the property for all of the occupants over the age of 16 that are staying at the rental at any time during the rental period.
4.8 The Renter should provide the Owner with a valid Mobile number for communicating with them during the rental period, the Owner will also ensure that the Renter has a mobile number to contact the owner during the rental period.
4.9 The Renter should ensure that the Holiday House is left Clean and tidy on the day of departure, rubbish should be removed and the property should be ready for an inspection by the owner by check out time (10.00) - The Owner will ensure the Holiday Home is Clean and tidy with fresh bedding and towels ready for guests by Arrival time (16.00)
4.10 The Owner will provide Weekly linen & Towel change, the Renter must ensure the owner has access to the property to allow this, or do the linen change themselves returning dirty Laundry to the owners to be cleaned in a timely manner.

5. Additional Facilities Available in the Holiday House

5.1   Pool - the pool will be cleaned and maintained by the owner during the rental period - it is the responsibility of the renter to ensure care is taken when using the pool, Glass is not used in the immediate area around the pool, children are not left unsupervised at the pool (it is the renters responsibility to supervise children while at Casa Cruz, Also Diving or dangerous activities should not be undertaken in the pool area
5.2 Hot Tub the Hot Tub will be cleaned and maintained by the owner during the rental period - it is the responsibility of the renter to ensure care is taken when using the Hot Tub, Glass is not used in the immediate area around the hot tub, children are not left unsupervised in the hot tub, (it is the renters responsibility to supervise children while at Casa Cruz, Also the cover should be replaced after use any issues with the Hot Tub should be reported to the owner immediately.
5.3 Shared Facilities - It should be noted that the two villas at Casa Cruz can be rented independently - the pool, communal areas, Gardens, Hot tub and BBQ are shared facilities, The Renters of each property should ensure that their conduct is not offensive to the Renter of the other property, If there are any issues or conflicts they should in the first instance be resolved amicably, if this is not possible then they should be reported to the owner immediately, The Owner will advise how the individual conflict should be resolved, the Owners decision should be adhered to.

6. Limitation of Liability

6.1   The parties’ liability in respect of this Agreement shall be limited to the value of the rental and other associated charges agreed at the time of booking. In no circumstances will the owner be liable for any consequential damages of any nature, however arising and regardless of whether the owner has been notified of the risk of them.
6.2   The renter’s limitation of liability under clause 6.1 shall not apply to liability arising under clause 3.1 or clause 9 of this Agreement.

7. Complaints

7.1   If the renter is not entirely satisfied with the Holiday House Casa Cruz they must immediately contact the owner (or the owner's representative), they will then provide a written complaints book and complaints process for Casa Cruz.
7.2   In the unlikely event that a complaint of the renter is not addressed by the owner during the term, the renter may make their complaint, in writing, within 14 days after the end of the term.

8. Arbitration

8.1   Should any dispute arise between the owner and the renter which cannot be resolved by discussion between the parties, the matter shall be referred to an arbitrator agreed between the parties. Any such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 and all decisions will final and binding.

9. Insurance

9.1   The renter undertakes that it will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by the owner in respect of the Holiday House Casa Cruz and/or its contents.
9.2   The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 9.1, and replace or compensate for any damage done to property or contents.
9.3 It is the Renters responsibility to ensure they have appropriate Travel insurance to cover items that they bring with them whilst renting Casa Cruz and as such no claim can be made on the Owners insurance for the property Casa Cruz.

10. Privacy Act 1993

10.1   Information collected by the owner about the renter is used by the owner to determine the credit worthiness of the renter, to operate the Holiday House Casa Cruz as a business, and to carry out the owner’s obligations under this agreement. The renter authorises the owner to exchange such information with third parties, including (without limitation) its agents used to manage the Holiday House, credit and debt collection agencies, accountants and lawyers. The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.
10.2 Personal information such as ID and passports will be passed on to the Spanish Tourist office - this is to ensure police checks can be made on renters of rural properties - this information is entered in a secure system and is not passed on further. Personal Information held by the Owners will be destroyed after 2 years of the rental period.

11. Consumer Guarantees Act 1993

11.1   If the Holiday House is being used by the renter for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.

12. Residential Tenancies Act 1986

12.1   The owner and the renter agree that the term shall not exceed 90 days and this Agreement is not subject to the Residential Tenancies Act 1986.

13. Force Majeure

13.1   Neither party shall be liable to the other where such liability arises through a circumstance entirely outside the control of that party.
13.2 Appropriate Insurance (House, Health, Travel, Vehicle etc) should be in place to cover any circumstances entirely outside the control of that party.

14. Contracts (Privity) Act

14.1   This Agreement Covers the Two Rental Properties at Casa Cruz Holiday Complex - the Owners are currently :-

David Parnell Greenaway - Casa Cruz Holidays Villas
Alan George Walker - Casa Cruz Holidays Villas

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