Second Home Andalusia VERSION August 2015

DEFINITIONS

Below is a list of terms and definitions for these General Terms and Conditions of Second Home Andalusia:
Main or other Tenant: A natural or other person who rents or desires to rent a Holiday home from Second Home Andalusia selection.
Co-tenant: The person who stays in the holiday home together with the Main or other Tenant. Manager: The person who takes care of the managerial duties of the holiday home on behalf of the owner thereof.
Consumer: A natural person who rents a holiday home and does not act in his capacity of running his business or practicing his profession.
Third parties: Every other legal or other entity other than Second Home Andalusia
or Tenant.
Owner: The legal owner of a holiday home (or his representative) who has put up the holiday home for rent to Second Home Andalusia.
Manager: The representative of the Owner who will handle on sight on behalf of the Owner.
Cancellation: The revocation or termination of the booking.
Booking: A reservation of a holiday home accepted by Second Home Andalusia
Termination: Legally cancelling ”the Tenancy Agreement due to non-fulfillment of the obligations ensuing from the Tenancy Agreement.
Holiday Home: For instance, a home that is offered by Second Home Andalusia for rent as a holiday accommodation.
Stay: The actual use of a holiday accommodation. Accommodation ticket: The voucher.

Relevant General Conditions

These general conditions apply to all offers and tenders of, agreements with, supplies and services of Second Home Andalusia. Derogatory stipulating, appointments or regulations apply only if and insofar these have been confirmed by Second Home Andalusia in writing. Verbal appointments and/or promises of employees of Second Home Andalusia are exclusively valid if the authorized employees of Second Home Andalusia have confirmed them in writing. These general conditions apply exclusively on legal perspective between Second Home Andalusia and consumers and not on legal perspective between Second Home Andalusia and companies, respectively persons who act in the exercise of their profession.

Offers, Prices and tariffs

Offers of Second Home Andalusia are not binding and occur subject to interim changes. All indications on the website of Second Home Andalusia is esteemed to be supplied in good faith and still occur with a proviso of interim adjustments. Second Home Andalusia is clearly not bound to errors and omissions on its website! Second Home Andalusia carries no responsibility for general information on the website and the information drawn up there which has been established under the responsibility of a third. The Tenant declares to have taken cognizance of the circumscription of the holiday house through Second Home Andalusia on the website and no further circumscriptions are desired. Prices remain inclusive VAT but exclude costs of a cancellation and travel insurance and contingent costs. Particular additional costs like energy costs, cleaning costs and local due to and because of the authorities determined compensations are reported separately! Prices are based on cost price defining factors (such as price index rates, currency and interest rates etc.). Second Home Andalusia is authorized to conduct in the case of an adjustment of these price defining factors, a proportional adjustment of the handled prices and tariffs. The current applied prices and tariffs are exclusively mentioned on the website of Second Home Andalusia . Mentioning of prices and tariffs occur under reservation of obvious errors and omissions!

Realization and contents agreement

An agreement between Second Home Andalusia and the Tenant is brought about by confirmation of a telephonic, written or electronic (internet/email) booking of a holiday house from the actual offer from Second Home Andalusia . After booking, the tenant receives a confirmation of the booking/rental agreement, which serves as proof of the agreement. (Please keep these details safe!)
The booking confirmation and rental agreement is send by Second Home Andalusia , which contains all relevant details for the stay in the booked holiday house. In the interest of a good booking and the prevention of misunderstandings, after receiving the booking confirmations or rent agreement, the Tenant is required to thoroughly check the booked details and report incompleteness or inaccuracies within 7 days to Second Home Andalusia after receipt of the booking confirmation. If a similar mention is outside the constituted terms, then the Tenant is not entitled to invoke the incompleteness or inaccuracy of the booking confirmation/rent agreement. Second Home Andalusia still have the right to withdraw a booking without reason.

Cancellation and amendment

Tenant is entitled to written cancellation against settlement of the
following cancellation fees:
a. cancellation up to 2 months before the first day of stay: 30% of the rent;
b. Cancellation from 2 to 1 month before the first day of stay: 60% of the rent;
c. Cancellation from the 30th day to the first day of the stay: 90% of the rent;
d. If canceled on the first day or later: the full rent.
The date of the postmark or the date of the relevant e-mail message shall be decisive in determining the question of whether the booking was cancelled in due time.

Cancellation by Second Home Andalusia: Second Home Andalusia must make a modification proposal to the traveller by way of an alternative offer within 72 hours (3 working days) of the occurrence of grave events. This obligation shall lapse if the cause of the modification is attributable to the tenant. The costs for a modification made by the tenant amount to € 35,-

Payment by the tenants

Payment of the full amount (including VAT and other explicit reported additional costs) must be done no later than six weeks before the first day of stay in the booked holiday houe.
Payment will be made in two installments:
a. 20% of the rent is due within 14 days of booking;
b. 80% of the rent is due no later than 6 weeks before the first day of the stay.

Contrary to the specifics payments of late bookings (i.e. bookings within six weeks before the first day of stay) need to take place in full within 3 days after booking. Second Home Andalusia is entitled in the case of late bookings to request exclusive cash payment or by means of a credit card.
Second Home Andalusia is not responsible for sending or reminding the Tenants about the expiry of a payment term or account summaries, unless otherwise stipulated in the agreement.
The Tenant never has the right to suspend the payment. After the expiry of the payment terms, the tenant is omitted. The Tenant can raise the omission by paying the full rent money to Second Home Andalusia within 3 days after entering the omission.

By not or not paying on time then there will be all kinds of legal process and execution costs as well as extra judicial collecting charges for accounts from the Tenant. The extra judicial collecting charges amounts to at least 15% of the invoice amount with a minimum of € 100.
Second Home Andalusia has he continuous right to request the security of payment before as well as after the completion of the rent agreement. The same applies under suspension of the execution of the rental agreement until the security stands; if the right of Second Home Andalusia is not applied to, Second Home Andalusia still has the right of claims based on damage and/or complete or partial cancellation, without judicial intermediary and without claiming for any indemnification from Second Home Andalusia .

Security deposit

The tenant that rents this holiday house, has to pay a deposit in cash. If the tenant does not comply to this, this contract can be considered dissolved!

The deposit is due upon arrival at the residence address and must be paid in cash to the Owner or the Manager of the holiday house. After the stay the Manager will settle the service -and any additional costs such as cleaning. Found damages or missing items will be counted for at the end of the rental period and the remainder of the deposit will be refunded to the Tenant by bank within 10 days after the end ot the stay. The tenant will give the full address and bank details (account number) necessary to do this payment to the Manager.  

Tenant rights and obligations on the spot of the holiday house

With regard to the current situation, the local right of application beside these conditions and the rental agreement still applies. These conditions and rental agreement prevail in so far that the law has not stipulated otherwise.

The Tenant can on arrival date check in between 16:00 and 18:00 unless the rental agreement or the booking ticket (voucher) states otherwise. On arrival outside the mentioned time the tenant has to arrange himself an appointment with the Manager.

Unless otherwise stipulated in the rental agreement or the residence ticket (voucher) the Tenant is required to leave the holiday house no later than 10:00 in the morning. Second Home Andalusia is not responsible for the consequences of late departure than the stipulated time! When leaving later than the stipulated time on the residence ticket (voucher), the Tenant is required to pay an additional amount per day.

The tenant and his/her company/co-tenants must behave as a good tenant and use the holiday home according to the Owner / Manager instructions. The Tenant is legally responsible for him and/or his co-tenants in the holiday house. Damage or other problems inflicted by the Tenant shall be reported directly to the Manager. The Tenant should pay repair or replacement costs immediately to the Manager on the first request.
On departure, the Tenant shall leave the house in a decent condition, that is to say cleanly swept. The things present in the holiday house should be put back on the original site (as found on arrival).
Dishes and glasses, etc should be washed and stored in the appropriate places. The Manager is entitled to a final inspection at the time of departure. The Owner / Manager will observe whether (several) things have not been put in their original place or if the house is not swept clean and is entitled to charge extra (cleaning) costs to the Tenant.
The tenant must use linen on the beds and is not entitled to use the beds without sheets.

Termination of the rental agreement

Second Home Andalusia is authorized to cancel the rental agreement with immediate effect: a. if, in case of notice of default, and neglect of the fulfilment of important issues, which have to be applied to, stated in the rental agreement and/or these conditions. In case the Tenant has been summoned to this, not acting as a good tenant, in particular if the Tenant, in spite of warnings from the Owner or the Manager, caused serious impediment to his/her accommodation surroundings.

Complaints

Each holiday house is carefully selected and inspected by Second Home Andalusia and stands in for the precision of the holiday house, with the understanding that a variation of 15% of the applied living surface and distances are esteemed as acceptable. The description and impression of the holiday house and the direct surrounding, which falls under provisions, furnishing, facilities and recreation possibilities can in their nature or due to interim changes or season influences differ from the description on the website of Second Home Andalusia supply if required modified information to the point, which has been given to the knowledge of Second Home Andalusia. The information in question is esteemed personal and to be subjective.

The Tenant is still entitled to submit his/her grievances by means of a complaint to Second Home Andalusia and need to handle a complaint adequately and with capable speed, thus handling the complaint with criterion of reasonableness and fairness.
The Tenant serves a complaint, originating on arrival at the holiday address or during the stay, at the latest within 24 hours to be reported to the Owner / Manager. The Owner / Manager will endeavor to solve the complaint immediately on the spot. In case the established complaint cannot be solved on the spot by the Owner / Manager, the Tenant need to report the complaint within 48 hours after the observation telephonically to Second Home Andalusia still providing them the possibility to solve the problem on the spot. The complaint can be reported telephonically +34 676 141 523.