TERMS AND CONDITIONS OF LETTINGS OF CASITA AT CAN PAZ, MALLORCA
1. Definitions
The following definitions and rules of interpretation apply in these Conditions:
Booking Confirmation: the confirmation of booking provided by email to the Customer when a booking has been accepted.
Booking Deposit: one-third of the Rental Fees, provided that the booking is submitted more than eight weeks before the first day of the Rental Period.
Customer(s): the customer(s) renting the Property.
Booking Fee: a non-refundable booking fee of £35.
The Company: La Paz Property Limited incorporated and registered in England and Wales with company number 08978366 whose registered office is at 6 Sheen Common Drive, Richmond TW10 5BN.
Event Outside Control: any act or event beyond the Company’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Guest(s): the people that occupy the Property subject to these Conditions.
Housekeeper: The staff member employed by the Company residing within the grounds of Can Paz.
Inventory: the inventory of fixtures, furniture and effects at the Property, a copy of which may be kept at the Property.
Property: the casita (and garden, if any) identified in the Booking Confirmation together with the fixtures, furniture and effects which may be specified in the Inventory.
Rental Fees: the total amount due from a Customer in respect of a booking of the Property.
Rental Period: the rental period specified in the Booking Confirmation.
2. Duration and times of rental
2.1 Rentals are for 31 days and commence at 3.00pm on the first day of the Rental Period and end at 10.00am on the last day of the Rental Period, unless otherwise notified in writing by the Company. The Customer will only be charged for the actual time of use of the Property if it is occupied for less than 31 days so long as 7 days prior notice has been given of the departure date and the Customer otherwise acts in compliance with clause 5 below.
2.2 The Rental Period cannot be exceeded unless the Company gives written approval. The Customer will be liable for any cost of whatever nature incurred because of an unauthorised extension.
3. Deposit
3.1 If a booking is made eight weeks or more before the first day of the Rental Period, a Booking Deposit plus Booking Fee is payable. The Booking Deposit shall be paid by the Customer at the time they submit the booking to the Company.
3.2 If a booking is made less than eight weeks before the first day of the Rental Period, the full Rental Fees, plus any additional charges, must be paid at the time of submitting the booking.
3.3. The Customer agrees to pay the Booking Fee.
3.4 The Customer’s submission of a booking is an offer to book the Property. If the Property is available on the requested dates, the Company will send the Customer a Booking Confirmation. At this point a binding contract, incorporating these Conditions, will come into existence. The Company reserves the right to refuse a booking and if it does refuse a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded immediately.
4. Final payment
4.1 Subject to clause 5, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause 4.2, along with any additional charges such as optional extras.
4.2 Payment of the Rental Fees and additional charges are due to the Company eight weeks before the first day of the Rental Period (the “Due Date”) and non-payment by the Due Date may be treated as a cancellation.
4.3 If the balance of Rental Fees is not paid by the Customer on the Due Date, then the Customer may be deemed to have cancelled their booking and the Company may retain the Booking Deposit and Booking Fee.
4.4 The Company shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
5. Changing a booking
The Rental Period may not be changed by the Customer but if notice has been given 7 days prior to the commencement of the Rental Period of an intended departure date the Customer will only be charged pro rata for the period of actual use up to that departure date so long as the Customer actually departs on that date. If the Customer does not depart on that date then the entire Rental Fees for the Rental Period shall remain payable.
6. Cancellation
6.1 A booking can only be cancelled prior to the first day of the Rental Period.
6.2 A Customer who wishes to cancel the booking must notify the Company in writing (“Cancellation Notice”).
6.3 In the event that a Cancellation Notice is received by the Company, a cancellation charge is payable depending on the number of days before the first day of the Rental Period. The amount payable is set out below:
Number of days before rental start date that notification is received
Cancellation Charge (as a percentage of the rental cost of the rental):
0 - 13 days: 100%
14 - 27 days: 75%
28 - 55 days: 60%
56 days or more: Deposit
6.4 The Company strongly recommends that Customers take out cancellation insurance in relation to their booking.
7. Method of payment
All payments made to the Company may be made by electronic bank transfer.
8. Overseas bookings
Customers located outside the United Kingdom shall pay in Pounds Sterling by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.
9. Eligibility
The Company will not accept bookings for hen or stag parties or from people under the age of 25 years.
10. Customer obligations
The Customer agrees:
10.1. to pay for all additional utilities and fuel incurred during the Rental Period and not included in the Rental Fee;
10.2 to report to the Company any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer;
10.3 to pay for any losses or damages to the Property caused by a Guest in their party (excluding any damage caused by fair wear and tear). If damage is attributable to the Customer or Guest then the Company, has the right to reclaim any costs incurred. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests;
10.4 to take good care of the Property and leave it in a clean and tidy condition at the end of the Rental Period. A cleaning service is not provided during the Rental Period unless otherwise confirmed in writing by the Company.
10.5 to permit the Company reasonable access to the property at all times without notice;
10.6 not to part with possession of the property, or share it, except with Guests identified on the Booking Confirmation;
10.7 not to sell or transfer the booking to another party without the Company's prior written consent;
10.8 not to exceed the total number of occupants stipulated on the Booking Confirmation. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the start of the Rental Period;
10.9 not to smoke in any Property or cause an annoyance or become a nuisance to occupants of adjoining premises;
10.10 to only use the designated parking spaces allocated (if any). Unless otherwise stated, all parking spaces shall only accommodate an average-sized car. The Company accepts no liability for additional costs incurred if an alternative space is required or if the Customer or Guest’s vehicle is damaged; and
10.11 that notices (including notices in proceedings) must be served on the Company at the following address:
6 Sheen Common Drive, Richmond, TW10 5BN
11. Non-availability of property
11.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.
11.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and the Owner’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.
12. Liability
12.1 Nothing in these Conditions excludes or limits the liability of the Company or the Owners for:
12.1.1 death or personal injury caused by the Company’s negligence; or
12.1.2 any matter which it would be illegal for the Company to exclude or attempt to exclude their liability.
12.2 If the Owner fails to comply with these Conditions, the Company is responsible for refunding all fees paid but not for any further or other loss. In particular but without limitation the Company is not liable for business losses. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Company will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Complaints
13.1 All complaints must be notified to the Company as soon as reasonably practicable, as the Company may be required to carry out an on-the-spot investigation of the Property. All Customers have a legal obligation to mitigate their loss.
13.2 The Customer agrees that the Company shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.
14. Pets
Pets are not permitted at the Property.
15. Inventory
Where an Inventory is provided, any discrepancies are to be reported to the Housekeeper within 24 hours of the start of the Rental Period, otherwise the Inventory will be deemed to be correct.
16. Bed linen and towels
Linen and towels are changed at the end of the Rental Period and a fresh set can be provided weekly during the Rental Period by prior arrangement.
17. Breach of contract
17.1 If there is a substantial breach of any of these Conditions by the Customer or any of their Guests, the Company reserves the right to re-enter the Property and terminate (in other words bring to an end) the contract that exists in relation to the Property and may recover possession of the Property.
17.2 If there is a substantial breach of any of these Conditions by the Company, then the Customer has the right to terminate (in other words bring to an end) the contract that exists in relation to the Property and may leave the Property.
17.3 Ending the contract by either the Company or the Customer does not affect that party's other rights and remedies.
18. Personal Data
18.1 The Company will use the personal information you provide:
18.1.1 to verify the identity of the Customer and Guests who will be occupying the Property; and
18.1.2 to contact the Customer and Guests by post with information about the Property.
18.2 The Company may pass your information to other third party service providers (acting as the Owner’s agent) for the purpose of supplying the Property to you.
18.3 The Company also obtain your personal information in the course of the sale, or negotiations for the sale, to you. The Company may contact you by electronic means (email or text) with relevant information, offers and similar properties. If you do not want the Company to use your data in this way, you can opt out at any time by contacting the Company or by using the links provided in the email. The Company may also contact you by postal means with marketing materials. If you do not want the Company to use your data in this way, you can opt out at any time by contacting us.
18.4 The Company may retain your information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.
19. Authority to sign
The Customer who completes and submits the booking warrants that:
19.1 he or she is authorised to accept these Conditions on behalf of the Guests, including those substituted or added at a later date;
19.2 he or she is over twenty five years of age; and
19.3 he or she agrees to take responsibility for the Guests occupying the Property, and to notify the Company if any persons in occupation are not a Guest.
20. Priority
If there is any ambiguity or inconsistency in or between these Conditions and the information on any Website, these Conditions shall prevail.
21. Previous websites and conditions
These Conditions replace and supersede all previous Conditions and terms appearing on any Website.
22. Validity clause
In the event that a court finds that a condition (or part of a condition) in these Conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.
23. Third Party Rights
The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
24. Governing law and jurisdiction
The contract between the Owner and the Customer shall be governed by the laws of England and Wales save in respect of the right of the Company to possession of and to re-enter the Property which shall be governed by the Law of Spain. Each party irrevocably agrees that, (a) at the election of the Company only, the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims) and (b) absent such election by the Company, the courts of Palma de Mallorca, Spain shall have exclusive jurisdiction.