GENERAL CONDITIONS OF USE AND RENTAL
This document contains the general conditions applicable to property rental services purchased from VILLAS AND YOU for accommodation in both properties which are exclusively managed by the company and in others where it merely provides support services to the owners offering their properties as holiday accommodation.
The general conditions for booking villas, which are detailed below, form an integral part of the contract between the guest, VILLAS AND YOU and the owner of the rented property. Therefore, by signing this agreement you are agreeing to these conditions in their entirety, regardless of the media you use to make your booking.
The published rates for our portfolio of rental villas, houses and apartments will always be expressed as daily rates.
3. Booking and payment conditions
3.1. Purpose of the contract
The booking and the contract are solely for tourism purposes, not for the purposes of business, the staging of events, advertising activities or activities of any other kind. We therefore decline all liability to companies or individuals for damaged incurred such as loss of earnings or any activity other than tourism purposes.
3.2. Booking methods
Bookings can be made by telephone, email or through the website www.villasandyou.com .This notwithstanding, bookings only become binding when VILLAS AND YOU receives the initial payment on account from the occupant.
3.3. Method of payment
Payments can be made by bank transfer or bank card.
The prices will be as advertised on the website plus any mandatory or optional additional fees and are subject to change at any time.
If the booking is made via a third party website or tour operator such as Airbnb, Booking, TripAdvisor or similar, the guest will be liable to pay their fees and commissions additionally to the price advertised on our official website.
3.5. Payment plans
The payment plans will be as indicated on the website (part or full payment will be required depending on when the booking is made in relation to the arrival date)
3.7. Payment terms
The payment terms will be indicated in the booking confirmation and in no case will it be possible to hand over the keys without VILLAS AND YOU having received the full amount of the booking.
3.8. Booking cancellation on the grounds of breach of the payment conditions
Once more than 7 days have passed after a deadline for payment, the booking will automatically be cancelled without any refund.
3.9. Extending your stay
This request is subject to availability, please ask VILLAS AND YOU.
3.10. Cutting short your stay
If you decide to cut short your stay for any reason, you will not be entitled to any type of reimbursement.
3.11. Request by occupant to change property
The change of property in a confirmed booking is not allowed because all properties are privately owned by different individual owners.
3.12. Request by occupant to change dates
This request is subject to availability and approval by the owner of the property, so we reserve the right to refuse this request, please ask VILLAS AND YOU.
Forty-eight (48) hours after the start of the stay, if you do not come to our offices or you do not show up on the date on which you have informed us you will arrive, the booking will be deemed cancelled and you will not be entitled to a discount or to a refund on the total booking price.
4. Cancellation conditions
Guests who have booked through an agency or a tour operator must adhere to the cancellation conditions specified by that intermediary, unless VILLAS AND YOU decides otherwise.
If the booking has been made directly with VILLAS AND YOU, the payments made to reserve are not refundable.
We advise all guests to purchase travel insurance through their insurer that would cover them in case of cancellation.
5. Travel insurance
The guest is responsible to insure his stay, the rental does not include insurance for the guest and neither VILLAS AND YOU nor the owner of the property are responsible for any insurance related issues before, during or after your stay.
6. Security deposit
The booking includes a deposit to guarantee the correct use and care of the furnishings, equipment and respect for the conditions of use and departure. Said amount will have to be paid at least 7 days before arrival by the guests via bank card or bank transfer.
The security deposit will be released or refunded 7 to 14 days after the end of the stay, provided that the accommodation has been checked to ensure there is no damage and the guest has complied with the conditions of use.
7. Specific conditions for long-term booking
Long-term bookings are those whose duration is longer than SIXTY (30) nights and whose cost has been established according to the monthly rates indicated in the “Long Term” section of our website.
7.1. Price of long-term bookings
Guests who have booked through an agency or a tour operator must adhere to the conditions specified by that intermediary. Monthly rental rates published for long-term stays may vary depending on the month chosen. No discounts are available. These rates do not include cost of electricity, water, gas or diesel. Guests are responsible for these costs which will be based on actual consumption and the cost indicated on invoices received for the period of the stay.
7.2. Security deposit for long-term bookings
For long-term bookings, the amount of the deposit is established according to the number of months reserved and the specific property, it is usually one or two months rent.
You will have to pay this amount by bank transfer at least SEVEN (7) days prior to your arrival, and it will be returned once your stay in the accommodation comes to an end, having deducted any sums corresponding to energy supply bills that may be outstanding. The security deposit will not be returned until such invoices are in the possession of VILLAS AND YOU.
8. Arrival at the property
Check-in will usually take place after 16:00 pm at the property or at our offices, please contact us at least 7 days before your arrival to arrange.
Late arrivals might be subject to an extra charge.
Once the guest has completed check-in, and the deposit corresponding to their stay has been blocked, they will be given a set of keys for the property booked.
9. Departure from the property
You must vacate the property before 10:00 am and the set of keys must be returned or left in the place indicated by VILLAS AND YOU. If you have not left the property by the time indicated, VILLAS AND YOU may apply an extra charge of up to 1 day's rental, since this delay seriously affects our cleaning and quality control procedures.
If any serious damage is identified or any valuable items are found to be missing from the property after your departure, you will be charged in order to cover the cost of this damage, your card will be debited to compensate for the breach of the contractual obligations. If the damage you have caused is not covered by the security deposit, then you will be notified by email or by telephone. If we are unable to come to an agreement, we will take steps to recover the cost through the relevant legal channels as defined in Clause 14.
10. Conditions of use
10.1. Guest responsibility
When you book accommodation for other occupants (in addition to yourself), you become liable for the total rental price and for any damage caused by their behaviour and by the behaviour of all the others who occupy the rented accommodation. Nevertheless, legal responsibility falls on all the occupants of the villa, to whom a claim may be made for the total damage caused by the group regardless of which person actually caused said damage.
10.2. Maximum number of occupants
The booking is valid for the maximum number of occupants stated on the booking form and in the contract. Use of the accommodation by more than the specified number of occupants is not permitted. If you exceed the maximum number of occupants, the rental agreement may be terminated and you will lose your security deposit. In this case, any payments you have made will not be refunded and you will be liable to pay the total rental cost.
10.3. Celebrations or parties
Celebrations and parties may only be held in booked accommodation when the number of guests attending is equal to or smaller than the maximum number of occupants permitted in the villa. You must abide by the hours and rules governing each location. Breach of this clause will lead to the total cancellation of the booking without the right to a refund of the price paid. The hiring of villas by companies for the organisation of celebrations or parties for third parties is not permitted, regardless of the number of guests attending.
10.4. Smoking inside the property is forbidden
Smoking is only permitted outside the property.
To accommodate pets in one of our properties, guests must first make sure that the property they have chosen is pet friendly. Please ask VILLAS AND YOU.
Each pet must be included in the booking and costs an additional €50 each. In the event that VILLAS AND YOU or its suppliers verify that the guest has introduced one or more pets during the stay without including them in their booking and without them being allowed in the property, VILLAS AND YOU is authorized to proceed to the automatic cancellation of the stay, and the guest must vacate the property within a deadline of EIGHT (8) hours. In the case of villas where pets are permitted, VILLAS AND YOU will not require you to vacate the property, however, you may be charged a penalty of up to three times the established rate for pets.
10.6. Access to the property
During the stay, the accommodation is exclusively for your use. However, you are required to provide access to staff of VILLAS AND YOU or any of its suppliers during your stay to verify your compliance with your obligations as described in this document, to clean the swimming pool and maintain the garden and make any repairs or to perform other tasks deriving from incidents occurring on the property during your stay.
10.7. Threats or reasonable doubts about serious damage to property
VILLAS AND YOU reserves the right to annul or cancel the rental if there are threats or reasonable suspicion that you will cause serious damage to the property. If you breach these conditions of use and/or the departure conditions, we will automatically terminate the booking and you will lose your security deposit.
The cost of electricity consumption is included in the rental of our properties, and the rate is established on the basis of a reasonable maximum daily consumption. All occupants are urged to make responsible and reasonable use of heating, air conditioning equipment and energy in general. We remind you of the importance of turning off the lights and especially the air conditioning when the villa is not occupied. Excessive consumption may be charged to the guest and will be deducted from the security deposit.
10.9. Cleaning costs
The end-of-stay cleaning costs are included in the price of the booking (mandatory additional fee) and are governed by the provisions of clause VIII of the general conditions.
10.10. Keys to the property
You will be handed a full set of keys to the property on arrival.
11. Changes to bookings or cancellation by VILLAS AND YOU due to unforeseeable circumstances
VILLAS AND YOU reserves the right to substitute the accommodation you book with similar accommodation in the event of a serious unforeseen event which makes it impossible for you to stay in the accommodation booked. If it is not possible to accommodate you in a similar property or the accommodation proposed is not to your liking, you will be offered alternative dates or your booking will be cancelled and the entire amount you have paid will be refunded to you without any further compensation.
12. Benefits and liabilities
With the exception of typos, the information describing the accommodation offered is given in good faith based on inspections of the properties and the property owners' statements. VILLAS AND YOU undertakes that the accommodation is as described in its general conditions, although you understand and accept that there may be occasional changes to the contents as a consequence of their regular use, such as different electrical appliances, outdoor furniture or decorative items, which are replaced periodically.
VILLAS AND YOU declines all liability for any changes affecting the accommodation or its surroundings which are not controlled directly by VILLAS AND YOU. You specifically accept that you are not entitled to claim any compensation on the grounds of any of the following anomalies which are unforeseeable and cannot be prevented by VILLAS AND YOU.
VILLAS AND YOU will not be liable for possible errors in the descriptions of the properties made by tour operators or third party travel agencies.
In general, the properties are privately owned by a number of different individuals, and they are usually situated in large residential areas. Therefore, it may be the case that there is unexpected building work in progress in the surrounding area. This building work is usually carried out by property owners, building contractors or governmental organisations with whom VILLAS AND YOU has no relationship, so VILLAS AND YOU has no control over this work. Therefore, when booking the accommodation, you understand and accept that neither VILLAS AND YOU nor the property owners are liable for any nuisance caused by building work which is not carried out by the Supplier of the accommodation.
12.2. Satellite/cable TV
If the description states that there is satellite or cable TV in the property, this does not necessarily mean that it is possible to receive all the channels you would like. Property owners, most of whom are foreign, have decoders which do not necessarily receive all international channels, but just a selection of these.
12.3. Water, electricity and Internet
In the event of occasional water, electricity and/or internet outages by municipal, regional authorities and/or service providers, the guest assumes that neither VILLAS AND YOU nor the owner of the villa shall have any liability for any inconvenience or damage caused by such limitations.
12.4. Accidents and theft
Neither VILLAS AND YOU nor the property owner accept liability for any loss, damage or injury (injuries, illness, death, material damage or theft) sustained by you or your companions during your stay. By booking the accommodation you accept that you are responsible for the safety and security of your own belongings and you understand that you may not hold Abahana Villas or the owner of the villa liable for any such incidents. To minimise the potential risks, you are urged to take particular care when using the cooker and the swimming pool areas, which pose additional risks to occupants. Please ensure that you correctly close and lock all the doors and windows of the property. These recommendations are particularly relevant when there are children and/or elderly people among the occupants.
13. Suggestions and incidents
Our quality and customer service policy, because our accommodation is usually fully booked, some incidents may not have been detected in the accommodation you have booked. Please notify us of any such issues during the first 48 hours of your stay via our email email@example.com to enable us to resolve the issue as quickly as possible, with the minimum impact on your stay. If you do not notify us of any issues within the first 48 hours, you will lose the right to complain about any defects you detected on arrival. We need you to notify us of such incidents to ensure that you are not held responsible for any breakages or damage caused by previous occupants that were not detected by our team during the inspection prior to your arrival.
It is important that you, as the occupant, agree and understand that some incidents naturally arise as a result of wear and tear on the property, and that on some occasions these are impossible to anticipate (for example, septic tank problems, boiler problems, broken taps, electrical faults, etc.); other incidents may be beyond our control (for example, general power cuts, building work in the surrounding area, noise from neighbours or animals, insect problems, etc.).
We at VILLAS AND YOU will in any case do everything within our means to resolve or minimise the impact of any incidents occurring during your stay. This notwithstanding, by booking your stay you agree that VILLAS AND YOU shall be responsible solely for matters over which it has control and a real capacity to resolve during your stay, and that certain events, particularly during the high season, may take longer to resolve than you might wish, because they require assistance from specialised suppliers whose availability is not guaranteed.
We would kindly ask you to assist us in detecting any issues and to report these as accurately as possible; please inform our team politely and with a constructive attitude, bearing in mind that they are committed to doing everything they can to resolve the problem but in order to do so, they need your assistance and respect.
Incidents must be reported by telephone by email to firstname.lastname@example.org, not through third parties.
It is important to note that VILLAS AND YOU will never offer financial compensation.
14. Validity and contractual term
The contractual relationship is subject to Spanish law and to the Courts and Tribunals of Torrevieja (Alicante) for any complaints or disputes that may arise between the parties in connection with stays in our accommodation.
15. Data Protection
Pursuant to Organic Law 15/1999, on the protection of personal data, you are informed that your data will be incorporated into an automated file of guests by this company, for the purposes of its business relationship and subsequent information, and that your data may be transferred to other third parties in the cases provided by law, such as financial auditors, competent government agencies for reasons of control, registration and inspection and notaries public in the case of elevation to public document.
You are also informed that you may exercise your rights to access, rectification, erasure, data portability, restriction on data processing or objection to the processing of your data, as well as withdraw your consent, by writing to VILLAS AND YOU providing a photocopy (both sides) of your ID card or alternatively, sending the scanned documentation to the following email address: email@example.com