General

These terms and conditions (the “Booking Contract”) are between and shall bind the property owner (“we”, “us” and “our”) and the holidaymaker(s) who book our property (the “Property”) through the Holiday-Villas.nl website (each a “Booking”). References to “you” or “your” are references to the person making the booking and all members of the holiday party.

Any Booking is subject to the Booking Contract. This Booking Contract and our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully.

The creditcard payment used by us on your Booking will be processed via HolidayRentPayment (powered by YapStone) in name of Croonenborgh Trading B.V., trading as Holiday-Villas.nl (“Holiday-Villas”), which is registered in The Netherlands under company number 63479702 and has its registered office at Buitenbassinweg 763, 3063 TM Rotterdam, The Netherlands.

For the avoidance of doubt, you acknowledge and agree that the provider of the Property is the property owner and not Holiday-Villas.

Making your Booking

You can book a Property with us by issue us with a booking request form via the Holiday-Villas website (“Booking Request Form”) and pay the full payment or Initial Deposit for the Property.  The Booking shall be made and this Booking Contract shall be effective when Holiday-Villas has received the full amount payable for the Property or the Initial Deposit and we have provided you with a confirmation email setting out the details of the Booking and including the Cancellation Policy.

If the Quote or Booking Request Form requires that you: make a payment in full, then you must pay the full amount for the Booking  to Holiday-Villas by the due date; or pay an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”), then you must make both payments to Holiday-Villas within the specified time periods.

You shall be required to pay the applicable damage deposit (the “Damage Deposit”), cleaningpack and/or any other fees (“Other Fees”) as set out in the email confirmation as part of your payment in full or your Balance payment or in cash upon arrival on site (as applicable). You should carefully check the details of the Booking Request Form before making any payment to Holiday-Villas regarding your Booking, as well as the confirmation email and inform us immediately of any errors or omissions.

Paying for your Booking

Where you have only paid an Initial Deposit, you are required to send to Holiday-Villas your payment for the Balance and the Damage Deposit and/or Other Fees within a certain period prior to the arrival date specified in the email confirmation (the “Arrival Date”). If you fail to make the balance payment due to us to Holiday-Villas in full and on time we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy shall apply.

The Damage Deposit may be used for any repair and/or replacement of the Property, furnishings, fixtures and fittings that are necessary after your stay. We will return the Damage Deposit to you following the return of the keys to us, less any deductions in accordance with the conditions listed above.

If you cancel or change your Booking

If you need to cancel or amend your Booking you must write to us or email us as soon as possible.  A cancellation or amendment will not take effect until we receive confirmation from you. The cancellation policy described in your email confirmation (“Cancellation Policy”) applies to your Booking and Holiday-Villas will refund any amounts due to you in accordance with the agreed Cancellation Policy.

In the event that any balance required from you is not paid in accordance with the timeframes set out in the Cancellation Policy; or you do not arrive at the property within 24 hours of your arrival time without notifying us, then we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.

A cancellation will be effective only on the date on which written notification signed by the holidaymaker is received at our office, (including e-mail confirmation). Since we incur administrative costs in cancelling your booking, you will have to pay the applicable cancellation charges.

In case of cancellation the following amounts are due:

If guest cancels up to 42 days before the start of the holiday: 30% of the rentalfee

If guest cancels between 42nd and 28th day before the start of the holiday: 60%

If guest cancels between 28th day and last day before the start of the holiday: 90%

If guest cancels on the day the holiday starts or later: full rental fee.

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

If, after our confirmation invoice has been issued, you wish to change your arrangements in any way, for example your chosen departure date or accommodation, we will try to arrange for these changes to be actioned, provided that written notification from the holidaymaker is received at least 8 weeks before your departure date. No guarantees are given in this respect and in some circumstances the whole or part of the deposit paid may not be refunded depending on the position of the property owner. Any changes are subject to a minimum administration charge of Euro 25 per person named on the booking to cover our administration costs. If you wish to change your arrangements within eight weeks of departure, this will be treated as a cancellation of the original booking and you will have to pay the applicable cancellation charges. Holiday-Villas.nl reserve the right to apply additional administration charges of up to Euro 50 per change.

If we cancel or amend your Booking

We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, Holiday- Villas will refund you any fees you have already paid to Holiday-Villas. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).

The Property

You can arrive at the Property after the time specified by us on the Arrival Date for your holiday and you must leave by the time specified by us on the departure date we give you. We will let you know these times in writing in advance of your stay. If your arrival will be delayed, you must contact the person whose details are given on the voucher so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contactperson of your anticipated late arrival we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you via Holiday-Villas for fees already paid to us. Please see the Cancellation Policy for further details.

Your obligations

You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.

You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.

You agree to take all necessary steps to safeguard your personal property while at the Property.

You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

You cannot allow more people to stay in the Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless permitted by us in writing in advance. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.

You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of garden and swimming-pool maintenance, essential repairs, exterior paintwork, in an emergency or to ensure you are complying with this Booking Contract.

You agree to provide information about the participants in accordance with the new holiday home rental law in Andalucia which means that prior to your arrival we will need to receive the guestlist including a copy of each guest´s valid passport or ID card by email.

Complaints

Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.

It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.

If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 14 days of the end of your Booking. For the avoidance of doubt, you shall always contact us and not Holiday-Villas if you have any complaint in relation to your Booking or the Property.

Limit of Liability

Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.

Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.

For the avoidance of doubt, Holiday-Villas shall not be liable to you or responsible for any issue between you and us regarding the Booking; any failure in relation to any payments due to the failure of a payment solution provided by a third party; and the rejection of any payment of yours by a third party payment solution provider.

This does not exclude or limit in any way our liability caused by our negligence or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

Law and Jurisdiction

This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the law of the Netherlands and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of The Netherlands.

Miscellaneous

You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent.  If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.

This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract. We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.