Terms of hire
1. Conclusion of contract
1.1 The vacation rental properties of Castillos Acacias, Avda. De los Jardines 6 Fase 4, 9649 Mijas Costa, Spain are rented to the tenants for the specified contract period exclusively for use for vacation purposes and may only be occupied by the maximum number of persons specified in the rental contract. The relevant valid hygiene protection measures shall apply.
1.2 With the booking, the guest offers the host the binding conclusion of the guest accommodation contract. The contract comes into effect with the receipt of the declaration of acceptance by the tenant, which does not require any form, with the consequence that also oral and telephone confirmations are legally binding for the guest. As a rule, the landlord will also send a written copy of the booking confirmation to the tenant. Verbal or telephone bookings of the tenant lead to the corresponding binding verbal or telephone confirmation, however, even if the corresponding written copy of the booking confirmation is not received by the tenant.
With the booking, the tenant immediately pays a deposit of 30% of the total price to the landlord on the specified account. The remaining payment is to be transferred to the indicated account of the lessor no later than 4 weeks (28 days) before the booked stay. For bookings made less than four weeks before the start of occupancy, the entire rental payment must be transferred before the start of the rental period.
1.3 The vacation apartments are furnished according to the features listed on the homepage. Photos, floor plans and text on the website and other advertising materials serve as a realistic description. The complete conformity with the rental object, in particular the actual equipment and arrangement of the furniture cannot be guaranteed. The Lessor reserves the right to make changes to the equipment (e.g. furniture), provided that they are of equal value.
1.4 The rental contract for the vacation apartments shall be concluded on the basis of the offer of the Lessor if the deposit is paid within the stipulated period. In the case of short-term bookings (less than 4 weeks until the start of the rental period), the rental contract is already concluded upon written or verbal acceptance of the offer.
1.5 Smoking is prohibited in all vacation apartments. Smoking is permitted outdoors, on balconies and terraces with closed balcony or terrace doors. The use of ashtrays is obligatory. Open fires are prohibited in the building and on the property. Likewise, the use of candles is prohibited throughout the building due to the risk of fire.
1.6 Consideration must be shown to neighbors and residents. The generally applicable quiet hours must be observed. These are in particular from 02.00 o'clock to 07.00 o'clock.
2. Rent and ancillary costs
2.1 The agreed rental price includes all incidental costs (e.g. for electricity, water, laundry, etc.) which are charged at a flat rate. The heating of the pool will be charged separately, according to the current prices of the utilities. A deposit will be charged according to the communicated amount according to the object, this is due at the conclusion of the contract and must be paid to us within 48 hours. The balance is to be paid at the latest 14 days before the beginning of the rental period.
2.2 Bed linen and towels are included in the rental price. The cost of the final cleaning is 150€ and is included in the stated booking price.
2.3 An intermediate cleaning during the stay is not provided, but can be provided upon request for an additional fee.
3. Rental period
On the day of arrival, the landlord makes the rental property available to the tenant from 16.00 clock in contractual condition. On the day of departure, the tenant will hand over the rental object to the landlord by 10.00 a.m. at the latest in a cleared and swept condition.
4. Arrival and departure
4.1 The arrival of the guest has to take place at the agreed time, without special agreement at the latest until 23:00 o'clock.
4.2 For later arrivals applies:
- a) The guest is obligated to notify the host by 8:00 p.m. at the latest or at the agreed time of arrival if he arrives late or, in the case of stays lasting several days, does not wish to move into the booked accommodation until a subsequent day.
- b) If a timely notification is not made, the host is entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on withdrawal or non-arrival of the guest in this guest admission conditions apply accordingly.
- c) For periods of occupancy in which the guest does not use the accommodation due to late arrival, the provisions on withdrawal or non-arrival of the guest in these terms and conditions of accommodation shall apply accordingly. The Guest shall not be required to make any payments to the Host for such periods of occupancy if the Host is contractually or legally responsible for the reasons for the later arrival or non-occupancy.
4.3 The vacating of the guest's accommodation has to take place at the agreed time, without special agreement at the latest by 10:00 a.m. of the day of departure. If the accommodation is not vacated in due time, the host may demand a corresponding additional compensation. The host reserves the right to claim further damages.
5. Resignation by the tenant
The tenant can withdraw from the rental contract before the beginning of the rental period by written declaration to the host. The date of receipt of the declaration of withdrawal by the landlord is decisive.
If the lessee withdraws from the rental contract, he has to pay a lump-sum compensation for the expenses already incurred by the lessor and the lost profit in the following amount:
- Cancellation up to the 45th day before the beginning of the rental period: 25%.
- Cancellation up to the 35th day before the beginning of the rental period: 50%.
- thereafter up to 10 days before: 80%
- from 10 days to 1 day before: 95%
The lessee reserves the right to prove that the lessor has not suffered any damage or that the damage is considerably less. The conclusion of a travel cancellation insurance is recommended to the tenant.
6. Termination by the lessor
The lessor may terminate the contractual relationship before the beginning of the rental period without notice if the lessee, despite a prior reminder, fails to make the agreed payments (down payment) in due time or otherwise acts in breach of the contract to such an extent that the lessor cannot reasonably be expected to continue the contractual relationship. In this case, the Lessor may demand compensation from the Lessee for the expenses incurred up to the termination and for the loss of profit.
7. Cancellation of the contract due to extraordinary circumstances
The lease can be terminated by either party if the performance of the contract is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract. Both contracting parties shall be released from their contractual obligations. However, they must reimburse the other contracting party for services already rendered.
8. Obligations of the Lessee
8.1 The Lessee undertakes to treat the rental object together with its inventory with all due care. The Lessee shall be liable to pay compensation for culpable damage to furnishings, rented rooms or the building as well as to the installations belonging to the rented rooms or the building, if and to the extent that it has been culpably caused by him or his companions or visitors.
The Tenant shall immediately notify the Landlord or the contact point designated by the Landlord (property management) of any damage occurring in the rented premises, insofar as the Tenant is not obliged to remedy such damage himself.
8.2 The Lessee shall be liable to pay compensation for any consequential damage caused by failure to notify the Lessor in good time. No waste, ashes, harmful liquids and the like may be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-observance of these regulations, the party causing the blockage shall bear the costs of repair.
8.3 In the event of any malfunctions of the equipment and facilities of the leased property, the Lessee shall be obliged to do everything reasonable to contribute to the elimination of the malfunction or to minimize any damage that may occur.
8.4 The Lessee is obliged to inform the Lessor or, if applicable, the property management immediately of any defects in the leased property. If the Tenant fails to make this notification, he shall not be entitled to any claims for non-performance of the contractual services (in particular no claims for reduction of rent).
8.5 On the day of departure, personal belongings are to be removed by the tenant, household waste is to be disposed of in the designated containers, dishes are to be stored clean and washed in the kitchen cupboards.
9. Liability of the landlord
The Lessor is liable only for the timely delivery of the rental property, but not for equipment and other descriptive features of the vacation rental properties, which may change. The liability of the landlord for property damage in tort is excluded, unless they are based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agent. The lessor is also not liable in cases of force majeure (e.g. fire, flood, etc.).
10. Animal keeping
For the accommodation of your four-legged companion, we ask you to contact us directly.
11. Changes of the contract
Additional agreements, changes and additions to the contract as well as all legally relevant declarations must be made in writing.
12. House rules
12.1 Tenants are requested to be considerate.
In particular, disruptive noises, namely loud door throwing and such activities that annoy the residents by the resulting noise and affect the domestic tranquility, are to be avoided. Radio, television and hi-fi equipment shall only be set to room volume.
12.2 Smoking is only permitted in the outdoor area. The use of ashtrays is mandatory. Open fires are prohibited in the building and on the property. Likewise, the use of candles is prohibited throughout the building due to fire hazards.
12.3 Wearing dirty shoes in the house is prohibited. Tenants are liable for any damage to the house, especially to the natural stone floors. Footwear must be changed at the front door.
The tenant accepts with receipt of the access codes for Internet (LAN and W-LAN, hereinafter W/LAN) the general guidelines of the DTV for the use of Internet:
13.1 The Lessor has equipped the vacation rental properties with Internet access via W/LAN. He allows the tenant for the duration of his stay a shared use of the W/LAN access to the Internet. The shared use is a service of the landlord and is revocable at any time. The tenant does not have the right to allow third parties to use the W/LAN. The Lessor does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He shall be entitled at any time to discontinue the operation of the W/LAN in whole, in part or temporarily, to admit further co-users and to restrict or exclude the access of the Lessee in whole, in part or temporarily. In particular, the Lessor reserves the right, at its own discretion and at any time, to block access to certain pages or services via the W/LAN (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
13.2 The use takes place by entering user name and password. The access data (user name as well as password) are only intended for the personal use of the Lessee and may not be passed on to third parties under any circumstances. The Lessee undertakes to keep his access data secret. The Lessor has the right to change access codes at any time.
13.3 The Lessee is informed that the W/LAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the W/LAN is not encrypted. The data can therefore possibly be viewed by third parties. The lessor expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the W/LAN. The use of the W/LAN is at the lessee's own risk. The Lessor shall not be liable for any damage to the Lessee's terminal equipment caused by the use of the Internet access, unless the damage was caused by the Lessor intentionally or by gross negligence.
13.4 The Lessee shall be responsible for the data transmitted via the W/LAN, the chargeable services used via the W/LAN and legal transactions made. If the Lessee visits chargeable Internet sites or enters into liabilities, the resulting costs shall be borne by him. He is obliged to comply with the applicable law when using the W/LAN. In particular, he shall: neither use the W/LAN to retrieve nor to disseminate immoral or illegal content; not unlawfully reproduce, disseminate or make accessible any copyrighted goods; observe the applicable youth protection regulations; not send or disseminate any harassing, defamatory or threatening content; not use the W/LAN to send mass messages (spam) and / or other forms of unauthorized advertising. The Lessee shall indemnify the Lessor against all damages and claims of third parties which are based on an illegal use of the W/LAN by the Lessee and / or on a violation of this Agreement; this shall also extend to costs and expenses associated with the claim or its defense. If the Lessee recognizes or must recognize that such a violation of rights and / or such a violation exists or threatens, he shall inform the Lessor of this circumstance.
14. Choice of law, place of performance and place of jurisdiction
14.1 German law shall apply. Place of performance is Mijas Costa. The local court of Fuengirola shall be responsible for all disputes arising from this contractual relationship.
14.2 For legal actions of the Lessor against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Spain or who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought, the place of residence of the Lessor is agreed as the exclusive place of jurisdiction.
14.3 There shall be no participation in extrajudicial dispute resolution proceedings before a consumer arbitration board. According to the statutory provisions, the link to the platform of the EU Commission for online dispute resolution shall be provided independently thereof: https://webgate.ec.europa.eu/odr.