Bookings are subject to the following terms and conditions as agreed to at the time of booking.
1. A contract (“the Agreement” or “the Contract“) between you (“the Client“,” You“, or “Your“) and the owners (“the Owners“, “We“, “Our” or “Us“) will come into existence when We receive payment and accept your booking (“the Booking“) of Casa Isa Elena, Loma Del Puerco 241, Chiclana De La Frontera, 11130 Cadiz (“the Property“) by issuing a confirmation of Booking for the holiday dates shown in the confirmation of Booking. The contract binds You & all the members of Your party (the “Party“). It is Your responsibility to ensure that all members of Your Party accept the terms of the contract set out in these terms & conditions of Booking. Failure to disclose all relevant information or comply with these terms may lead to termination of the contract & loss of the Booking.
2. A non-refundable deposit of 30% of the holiday price is payable at the time of booking, however the sum reserved by this clause shall not limit the Client’s liability to the Owners. Bookings made less than six weeks before Your arrival date must be accompanied by the full amount of the holiday charge and the €350 refundable damage deposit (if requested).
3. The balance must be paid so as to arrive no later than six weeks before the commencement of Your holiday. If the balance is not received by the due date then Your holiday will be treated as a cancellation and the Client will remain liable to pay the balance of the rent.
4. All cancellations must be immediately notified by telephone and then in writing. If You cancel Your holiday more than 6 weeks before it is due to start then Your deposit will be forfeited. If You cancel less than 6 weeks prior to the holiday then the full balance remains due and is not refundable.
5. Insurance and registration.
5.1. 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 accept responsibility for any loss that You may incur due to Your cancellation.
5.2. Andalucía requires rental property owners to register all guests over 16 years of age with the local police. The Owners use a downloadable smartphone app to make this process as smooth and secure as possible. We shall notify You of the details of the smartphone app prior to your arrival. You agree to ensure that each member of Your Party has registered on this app before arriving at the property. We reserve the right to terminate a holiday without compensation where You or a member of Your Party refuses to provide mandatory registration details.
6. Your Booking will not be cancelled by the Owners except in exceptional circumstances beyond Our control. Notification will be given of the cancellation as soon as possible and We will promptly refund all payments made for Your holiday. Our liability for cancellation will be limited to payments made to us.
7. The number of persons using the accommodation at any time must not exceed 10 (ten) with a maximum of 8 (eight) adults and only those people listed by name on the Booking form can occupy the Property. We reserve the right to terminate the Booking without notice and without refund in case of a breach of this condition.
8. Bookings cannot be accepted from persons under twenty five years of age.
9. The Owners reserve the right to refuse a Booking without giving any reason.
10. The Owners or their representatives reserve the right to enter the Property at any time to undertake essential maintenance or for inspection purposes.
11. Tenancies normally commence at 16:00 (pm) on the Check-In or Arrival date unless otherwise agreed and Clients are required to vacate the Property by 11:00 (am) on the day of Check-Out or Departure as set forth in the Booking confirmation, without prior notice. This allows the accommodation to be thoroughly cleaned and prepared for incoming guests.
12. Pets or smoking anywhere on the premises will result in immediate termination of occupancy and forfeiture of all payments. This must be strictly adhered to and any damage or extra cleaning caused by pets or smoking will be at the expense of the Client.
13. Damage deposit – A damage deposit of €350 is payable at time of booking and will be returned on within 7 days of the end of Your holiday less the cost of damage/breakages. For the avoidance of doubt, the sum reserved for the damage deposit shall not limit the Client’s liability to the Owners in the event of damage to the property.
14. Damage to the Property – In making a Booking You accept responsibility for any theft, breakage or damage caused by You or any member of Your Party and agree to indemnify us in full for any loss that We may incur as a result. Please treat the facilities & accommodation with due care so that other guests may continue to enjoy them. In the event that You notice damage in Your accommodation please let us know immediately so that We can take the appropriate action. If there have been any breakages during Your stay, We would be grateful if You could replace them or advise us before You leave. The accommodation will be inspected at the end of the holiday & You may be charged for any loss or damage found.
15. Please remind all members of Your Party to lock the doors and close the windows when they leave the Property unoccupied.
16. The Owners reserve the right to make a charge to cover additional cleaning costs if the Client leaves the Property in an unacceptable condition.
17. Please note that in the event that any keys issued are not returned at the end of Your stay, then the cost of replacement will be charged to You.
18. The Client may in no circumstance re-let or sublet the Property, even free of charge.
19. The internet connection is available (at no extra cost) subject to technical availability.
20. The Owners shall not be liable for any temporary defect or malfunction of any equipment, machinery or appliance in the building, grounds or pool.
21. The Property is rented on a fully furnished basis and all inventory must remain in the Property as it was on arrival and not be taken to another property.
22. Swimming pool disclaimer – The Client and all guests in the Party agree to adhere to the following pool rules:
22.1. No glass objects including but not limited to bottles, cups and drinking glasses are to be used in or around the pool area.
22.2. A competent adult (in swimwear) will supervise children under the age of 14 at all times when using the pool.
22.3. Dangerous activities such as diving and running are not permitted.
22.4. Any person suffering from a known serious medical condition (e.g. heart disease, severe circulation problems, epilepsy or respiratory problems) should not use the swimming pool.
22.5. For hygiene reasons, all persons are requested to take a shower before using the swimming pool facility.
22.6. The Swimming pool is not fenced. A competent adult shall supervise all children under the age of 14 at all times when in the garden or who have access to the pool area.
23. Children under 18 must be supervised by their parents/guardians at all times.
24. We reserve the right to terminate a holiday without compensation where the unreasonable behaviour of the persons named on the Booking (or their guests) may impair the enjoyment, comfort or health of others.
25. Any problem or complaint which the Client may have concerning their holiday should be immediately reported directly to Us/Our representatives and We will endeavour to put matters right. Any complaints not reported to the Owners/the Property manager at the time and only reported after the client has returned from holiday will not be considered by the Owners.
26. The Owners reserve the right to make reasonable amendments or additions to these terms and conditions without notice.
27. NO WARRANTY.
27.1. THE PROPERTY IS PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EXPRESS (UNLESS SET OUT HEREIN) OR IMPLIED, REGARDING THE PROPERTY OR OTHERWISE RELATING TO THIS CONTRACT, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY, SECURITY AND ACCURACY;
27.2. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD OWNERS HARMLESS FROM ANY LOSSES, LIABILITIES, DAMAGES, ACTIONS, CLAIMS OR EXPENSES (INCLUDING LEGAL FEES AND COURT COSTS) ARISING OR RESULTING FROM CLIENTS BREACH OF ANY TERM OF THIS AGREEMENT OR CAUSED BY ACTS OR OMISSIONS PERFORMED BY CLIENT.
27.3. THE EXPRESS TERMS OF THIS CONTRACT ARE IN LIEU OF ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW
28. LIMITATION OF LIABILITY. THE OWNERS, THEIR AFFILIATES OR SUPPLIERS ACCEPT NO LIABILITY IN RELATION TO ACCIDENTS OCCURRING IN OR ON THE PROPERTY, OR DAMAGE OR INJURY TO CLIENTS OR THEIR GUESTS OR THEIR PROPERTY HOWSOEVER CAUSED.
28.1. CLIENT SHALL USE THE PROPERTY AT THEIR OWN RISK AND IN NO EVENT SHALL OWNERS, THEIR AFFILIATES OR SUPPLIERS BE LIABLE TO CLIENT FOR ANY LOSS OR DAMAGE OF ANY KIND INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM THE OWNERS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION AND ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW) ARISING FROM CLIENTS USE OF THE PROPERTY OR FROM FAULTS OR DEFECTS IN THE PROPERTY WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.
28.2. THE SWIMMING POOL AND OTHER FACILITIES ARE USED AT THE GUESTS’ OWN RISK. PARENTS/GUARDIANS ARE RESPONSIBLE FOR THE SUPERVISION OF CHILDREN, PARTICULARLY IN AND AROUND THE POOL.
28.3. Additionally, the Owners accept no liability for:
28.3.1. any temporary defect or failure in the supply of public services to the Property, or any equipment, appliance or machinery in the house or garden, (though the Owners will take reasonable steps to rectify or avoid such defect or failure);
28.3.2. adverse weather conditions, riot, war, strikes or other matters beyond Our control which result in loss, inconvenience or damage;
28.3.3. any loss, inconvenience or damage suffered by or caused to the Client, should the Property be destroyed or substantially damaged before the start of the rental period. In this event, the Owner will refund to the Client no more than the amount paid in respect of the rental period;
28.3.4. under no circumstances will the Owner’s liability to the Client exceed the amount paid for the rental period.
29. If any provision of this contract is held by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable for any reason, then such part will be severed from the remainder of this contract, and the remaining provisions of this contract will continue to be valid and enforceable to the fullest extent permitted by law.
30. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
31. Force Majeure. Neither party will be responsible for any failure to perform due to causes beyond its reasonable control, including acts of God, acts of terrorism, war, riot, embargoes, third party equipment failures, or telecommunications failures, acts of civil or military authorities, national disasters, strikes and the like.
32. Governing Law and Jurisdiction. The Owners and the Client agree to the application of the laws of England and Wales to govern, interpret, and enforce all of the Owners and Clients respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this contract, without regard to conflict of any specific country law principles in which the Owner operates. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The English version of this Agreement shall be the version used when interpreting or construing this Agreement.
33. Entire Agreement. This document is the entire Agreement between the parties and supersedes all other agreements or arrangements, whether written or oral, express or implied (except in the case of fraud). Each party acknowledges that, in entering into this Agreement, it does not do so on the basis of, and does not rely on, any representation, warranty or other provision except as expressly provided in the Agreement (and except for fraudulent representations) and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. Both parties acknowledge and agree that the allocation of risk and liability contained in this Agreement is reasonable in all the circumstances having regard to all relevant factors including the nature of the services and the ability of both parties to rely on their own respective insurance arrangements and other resources to bear or recover any loss or damage incurred for which Client is not liable.
34. This Property is privately owned and is our home. We expect all guests to enjoy the facilities and treat the Property with the same respect that they would with their own house.