TERMS AND CONDITIONS FOR RENTING THE APARTMENT MINERVA 909
Payment and booking confirmation indicated in the advert of this website, the apartment Minerva 909, advertised on the website www.ownersdirect.com with reference number 8132826, means the implicit acceptance of the following terms and conditions.
The parties are involved in its own name and right, and recognize each other the legal capacity to enter into this contract.
On the purposes of this contract is denominated Owner, the person whose name the announcement is placed and Tenant, the person who makes the booking through the website, confirms and shows his determination to rent the property listed, with the features, terms and prices established, and for which purpose
That the advertiser owns the freehold of the property furnished situated in the town of Benalmadena, C / Avenida Gamonal-10, Edificio Minerva - Apartment 909, whose surface and composition and other characteristics are what's announcement indicated this property on this website and whose exact description (composition, equipment, furniture, services, etc.) can be found on the website www.ownersdirect.com with reference number 8132826.
It is attached on Anex I the inventory of the furniture and content of the house, including home appliances.
SECOND.- When making the reservation payment, the payer implicitly assumes his position agreeing with the advertiser the leasing of the property furnished described above, in accordance with the following :
TERMS AND CONDITIONS
DESTINATION. The tenant leases the advertiser the property described in the first exhibition of this contract to be intended to constitute temporary housing tenant during the period covered by the dates specified in the website when booking, because of holiday / tourism / recreation . Thus, housing under this contract will not have in any case the purpose of permanent housing for the tenant.
The tenant can not change the destination mentioned without the prior written consent of the owner. Failure to comply with this provision shall be grounds for the extintion of this contract.
STATE. The tenant declares its willingness to continue with the lease and agree to the settlement of the total payment of holiday rental at the receipt of the property, liquidating the total amount of debt to make entry, once he have verified that the property is in a good state of use and conservation and fits with the advertised on the website through which he made the booking.
In addition he compromise to return in the same state of use at the conclusion of the contractual relationship.
DURATION. This contract is for the seasson acomplished when booking on the Web, being as a general rule, the time of entry, from 16:00 hours and departure before las12: 00h.
The landlord has no responsibility for the breach of times due to unforeseen circumstances.
RENT. The tenant shall pay to the landlord as rent, the the total amount pending for the entire season at the entrance to the property. Normally there is Damage Deposit to be paid before entry to the apartment.
If he had not made the agreed payment before the start of the season term for any reason, of the pending payment to fullfil the agreed rent, the lease shall be automatically extingued, with absolute freedom to the owner to lease the house again. In addition, the tenant is entitled to not return the first payment made by the tenant as compensation for the damage caused.
The Tenant shall be directly and exclusively responsible and disclaims any liability to the owner by:
- Damages that may be caused to other persons or things and areare derived from facilities of the services and supplies of the seasonal house rented.
- Damages, deterioration or loss occurring in the house, whether caused by the tenant or othres persons living in the home.
ASSIGNMENT AND SUBLEASE.
Expressly waiving the provisions of Article 1550 CC., The tenant agrees not to sublet, in whole or in part, the leased property without the express written consent of the landlord. The assignment or transfer of the contract is prohibited in any case. Breach of this clause will be cause for the termination of the contract.
The tenant may not carry out any other type of work or modification in the apartment or building to which it belongs without the express consent of the lessor.
In spite of not having the consideration of work, it is expressly forbidden to the tenant to realize holes or perforations in the walls of the property.
In any case, it will be discounted from the deposit the necessary amount to recover the walls on their original state.
Community expenses, water as well as taxes, will be the account of the owner, as well as the subscribe and unsubscribe in the said supplies if this is necessary.
The costs of electricity and internet, will be generally also on account of the owner, but can be established for monthly rentals or higher to be charged to the tenant. As stipulated in the conditions established in the announcement of the web and the agreement agreed on this point between the parties.
Failure to comply with the obligation to leave the Apartment within the agreed period will oblige the tenant to satisfy as penalty, the sum corresponding to triple the daily rent, due for weeks till the free availability of the apartment by the owner , Without prejudice to costs of posible trials, expenses and other indemnities that were in his charge even costs of attorneys and court clerk, even if his intervention was not mandatory.
The tenant will be subject throughout the life of the contract to the rules of the community of owners, especially those related to coexistence.
The stay of any type of animal in the house is expressly forbidden.
It is totally forbidden to smoke inside the apartment, in any of its dependencies
At the signing of this contract, the tenant delivers to the owners as a Damage Deposit, the amount established in the anunce of the apartment agreement, which is usually two hundred euros or sterling, in cash.
On the day of receipt of the keys and after carrying out an inspection of the leased house together with the owner, the tenant must pay the sum of two hundred euros or sterling, in cash, as deposit-guarantee for the rent.
The deposit will be refunded on the last day of the rent, or after another prior period stablished betwen the two parties, after checking both parties that the house has not suffered any damage or damage during the lease period.
OBLIGATIONS OF THE TENANT
The tenant declares to have carried out the inspection of the leased house proving that he is in perfect condition and committing itself to:
- keep the house in perfect condition during the rental period stipulated by both parties,
- to make a convenient and reasonable use of the means of comfort placed at their disposal (heating, air conditioning, ...) and of the domestic appliances and furniture of the house,
- advise the owner, in the shortest possible time, in case of a breakdown, damage or accident that could occur in the dwelling during his stay,
- do not cause inconvenience to neighbors,
- and respect the internal regulations of the building, if the house is part of a community, residence or urbanization.
The tenant can not make any copies of the keys of the leased house.
It is strictly forbidden any work or alteration in the apartment, without a previous written permission of the property, as well as the entrance of animals in the apartment.
The Owner is not responsible for losses or thefts in the rooms. For this purpose all rooms have a private lock during their stay.
The Owner is also not liable for any damages that may arise in the external electrical devices plugged into the electrical network of the apartment
The small repairs produced by the ordinary use of the house will be on the tenant's account.
The owner agrees to:
- to carry out the inspection of the leased house together with the tenant himself or through an intermediary to verify the condition of the first and last day of the rent,
- deliver the accommodation in perfect state of use, habitability, cleanliness and security,
- leave the electricity mains and water in perfect working order
- repair, as soon as possible, any possible damage or malfunction of the essential domestic equipment to the comfort of the tenant, excep for minor damages and other damages caused by the tenant, the tenant will be obligated to pay the costs of the repair.
- ensure that the tenant can enjoy a comfortable environment during their stay, avoiding disturbing their tranquility during the rental period of the rented accommodation.
NUMBER OF OCCUPANTS
The dwelling mentioned in the first point of the expository part of this contract is rented by the owner to the number of people indicated when making the reservation, since the price given in each rental is based on the number of people to rent. For each additional person who stays in the apartment without being contemplated at the time of booking, the tenant will be obliged to pay a supplement of one hundred euros per night, unless otherwise agreed between the parties in writing. In any case, never more than 6 people can stay in the apartment.
The tenant agrees not to exceed the number of persons indicated when making the payment of the reservation without express authorization of the owner.
POOL AND LANDSCAPED AREAS.
The pool is divided into 4 areas, of these, 2 areas are open all year round and the other 2 areas, which are large, open only in the summer season, normally from June to September.
To be able to access the swimming pool area in the summer time, you must make a prior registration and obtain an authorization to access it.
The opening hours of the pools can vary, but normally it goes from 10 am to 5 pm.
At all times you must obey the rules of behavior of the pool and the guards.
If you are interested in the use of the pool area, it is necessary to ask all the details of hours and closing dates before proceeding with the Apartment Reservation.
The presence of pet animals in the leased house is totally prohibited, in any case, as an exception, must be expressly authorized by the owner in writing. In any case, the tenant agrees to pay any posible damages.
The tenant who unilaterally cancels the rental contract, can not request the reimbursement of the amounts already paid to the owner.
If the owner unilaterally cancels the lease for any reason other than the non-respect of the clauses of this contract by the tenant, he must reimburse the tenant for the reservation paid or for the entire amount of the rent of the apartment already paid, in the shortest possible time, if it is a case of force majeure that makes the rental of the apartment impossible.
BREACH OF OBLIGATIONS.
Failure by any party to comply with the obligations resulting from the contract shall entitle the party that has complied with its obligations to enforce the obligation or to promote the termination of the contract in accordance with the provisions of Article 1,124 of the Civil Code.
In addition, the Owner may terminate the contract in full by the following causes established in article 1569 CC: 1st). The end of the term of the agreement or the one that is fixed for the duration of the leases in articles 1,577 and 1,581; 2nd) Non-payment the agreed price; 3rd) Infringement of any of the conditions stipulated in the contract; And 4) To allocate the leased thing to unaccepted uses or services that make it deteriorate; Or not subject to its use or to what is ordered in number 2 of article 1,555.
ADDRESS TO THE EFFECT OF NOTIFICATIONS.
The parties establish as domicile for the purposes of notifications derived from the contractual relationship, for the tenant, the address provided on the website where the reservation was made, indicating the property, telephone number and email.
The habitual residence of the Owner, is determined as the domicile for the porpouse of notification .
Any change in domicile that may occur in this regard shall be mutually notified to the other party.
It is expressly excluded the application of the law 29/1994 of urban leases to the present lease relationship, by provision of the letter "e" of article 5 of said Law, reason why this contract will be regulated by the rules contained therein, letter e , and , In what is not agreed by the parties, by the norms of the Civil Code.
SUBMISSION. The parties submit themselves expressly to the Courts and Tribunals of the city of Granada, for all those litigious questions that could derive from this rent contract
END TO TERMS AND CONDITIONS FOR RENTING THE APARTMENT MINERVA 909