Terms and Conditions
Terms & Conditions of the rental contract for Villa Bellagio
STATEMENT
1.- Carly Unwin owns the property described in the first condition of this contract.
2.- The client agrees to a SHORT TERM RENT OF THE VILLA which is described below, and take it into effect subject to the following
CONDITIONS
FIRST.- OBJECT OF THE CONTRACT.
The object of this contract is the rent of the villa Bellagio located at Las Cacerias 108, Urb Los Reales, 29680 Estepona, Málaga.
The tenant agrees that the maximum number of persons to stay at the property will be stated in the Rental contract, duly identified in accordance with current legislation.
The maximum amount of people allowed at the property during the day is 8 - if more people are required for a special day, the tenant will need written permission from the landlord
Pets are welcome, but need written permission from the landlord.
All tenants staying at the property will need to provide their passports / EU ID card upon arrival - the data will be provided to the police authorities for the travelers' log book in accordance with current Spanish legislation.
The tenants have to adhere at all times to the community rules. Any illegal activity is prohibited. If the tenant breaks these, the landlord has the right to expel the tenants from the property without any right of reimbursement.
Note: Currently the only community rule is a curfew of midnight for loud music.
SECOND.- DURATION OF THE CONTRACT.
The rental period for this short term let contract is stated in the rental contract.
On the departure date, and without the need for prior notice, the tenant shall cease the contracted lease, and must hand over to the landlord the property that is the object of this contract together with the inventoried objects.
It is the responsibility of the Tenant to have the property cleaned after any personal event that might be held at the property during the stay (including wedding, anniversaries, birthdays etc.). The kitchen and bar area have to be cleaned and garbage removed on the day of departure. The landlord will be responsible for the normal exit clean of the property for holiday accommodation. However if the exit clean follows a personal event, then the tenant will be charged the full amount of the exit clean which will be deducted from the security deposit.
If the keys have not been returned to the landlord on termination date of contract an indemnity charge will be made of 1000€ (one thousand EUROS) per day for each and every day over deemed rental period and it will be charged until the property is cleared. However, the landlord has a right to evict the tenant via court and claim for damages.
Under no circumstances will the rental contract be automatically renewed.
THIRD.- RENTAL PRICE.
The total rental price amount is stated in the rental contract.
The form of payment is as follows ( if not agreed upon differently in the rental contract):
For holiday rentals:
1st payment: to guarantee the booking 25% of the total rental price is to be paid to the bank account below within 5 days.
2nd payment: sixty days (60) prior to arrival the balance 75% must be paid to the same account.
For weddings:
The tenant pays a non-refundable reservation fee of 1000€ within 5 days.
6 months prior to arrival 25% of the total rental price is to be paid to the bank account below.
2nd payment: sixty days (60) prior to arrival the balance 75% (minus applicable reservation fee) must be paid to the same account.
Separately, the tenant must transfer (if not agreed differently in the rental contract) 2 days prior to arrival the amount of €3000 Euros (three-thousand euros) as a security deposit, in order to cover any damages to the property or non-compliance of the clauses of this contract to the account designated for this purpose.
This amount will only be returned once the property has been vacated and fully inspected, to the bank account indicated by the tenant.
Keys to the property will not be handed over until full payment of the rental and the security deposit has been received.
The rental amounts paid, partially or in full are non refundable in the event of cancellation of the tenant of this agreement, regardless of reason, in order to compensate the expenses derived from the preparation of the property and loss of income of alternative bookings, under the following conditions:
Cancellation policy
- Cancellation before the 90th day prior to the date of arrival: 100% of the total rent will be refundable (excluding the 1000€ reservation fee).
- Cancellation between the 89th and 60th day prior to the date of arrival: 50% of the total rent will be refundable (excluding the 1000€ reservation fee)
- Cancellation between the 59th and 31st day prior to the date of arrival: 25% of the total rent will be refundable (excluding the 1000€ reservation fee)
- From the 30th day prior to arrival, the amounts paid will no longer be refunded.
Should the property not be habitable for any reason, the landlord shall return the full amounts paid.
FORTH.- PURPOSE.
The rental property will be used exclusively for temporary holiday home (except stated otherwise in the rental contract) and change of use is forbidden without written authorization of the landlord. The tenant may not operate a commercial business from the property nor any industrial or professional activities within the property. The tenant might use the property for personal events such as weddings, birthdays, anniversaries etc. but need written permission from the landlord.
The tenant declares that the rental property is his temporary/holiday home to enjoy his period in Spain and will not be deemed as his home address. In no case the purpose of the rental property as temporary/ holiday home can be changed to habitual home, being considered a reason for non-compliance resolution agreed by the parts.
The owner reserves the right to use any photos / videos published by the tenant on Social media or other medias for advertising purposes on her social media / website.
FIFTH.- SUPPLIES AND EXPENSES.
Domestic repair of any damage, which may be caused by misuse of the property will be payable by the tenant, being their responsibility. Domestic repair of any damage, which may be caused by the ordinary use will be payable by the landlord.
The rental includes the following services: final cleaning, bed linen towels and pool towels and the maintenance of the garden, the swimming pools and the installations
The electricity consumption is included up to 150kW per night booked (except if agreed otherwise in the rental contract); the consumption over and above will be deducted from the security deposit and charged at 0.25€ per kW.
The landlord is responsible for the Community charges, rubbish collection tax, the local rate (IBI), electricity up to 150kW per day, tap water, gas bills.
SIXT. INSURANCE. The tenant herein states that the property is in perfect state of conservation and so are the furniture and household items, the tenant has 24 hours after check-in to report any damaged items. The tenant is herein committed to hand over on expiry date both the villa and household items in the same conditions and to replace any damaged items by others of the same quality otherwise these will be deducted automatically from the security deposit.
SEVENTH.- BUILDING WORKS. The tenant is not permitted to carry out building works in the rented property during the rental contract, without the permission of the landlord in writing.
EIGHTH.- EXCLUSIONS. Under no circumstances is the tenant entitled to rent out or transfer the rented property totally or partially.
The tenant waives any preferential rights to purchase the property, which are stated in the Urban Rental law.
The property that is the object of this lease will be used as a secondary dwelling by the tenant, so that the forced extension of Law 29/1994, of November 24, 1994, on urban leases does not affect this lease.
NINTH.- RENOUNCE TO THEIR LAW AND SUBMISSION IN CASE OF LITIGATION.
The parties expressly renounce to their law and expressly submit themselves to the Law of the Judges and Tribunals of Estepona.
TENTH.- LANGUAGE.
The parties agree that this agreement is to be drafted in a double-column format, in Spanish and English. In the event of a contradiction or discrepancy between the Spanish and English versions, the provisions of the Spanish version will prevail. A copy of the Spanish version can be sent upon request.
ELEVENTH - PERSONAL EVENT RULES:
Only private events may be held on the property. Under no circumstances shall commercial events open to the general public be held.
In case of holding a private event, the tenant must inform the landlord in writing as additional costs might be charged. The tenant must have the required licenses, if applicable, as well as insurance that sufficiently covers any liability arising from the event.
In addition, the following rules shall be observed:
Maximum Occupancy. The maximum number of occupants must not exceed 60 persons at any given time (excluding staff, employees, or security personnel). Except if agreed otherwise in the rental contract.
Curfew: is midnight. The landlord reserves the right to deduct 500€ from the security deposit if the curfew is not respected.
Safety and Security.
a. The event requires someone on site who will be responsible to ensure all aspects of article 11 contract regarding the events are complied with.
b. The designated person, is responsible to check the identification of the guests. and refuse entry to the property or to require the removal from the property of any person who, in the opinion of the responsible person is likely to cause damage to the property of Landlord or injury to others.
c. Should the landlord determine that during the scheduled event of the tenant, that the tenant or any other person on the property has willfully or intentionally committed act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety and welfare of the life or property of other residents or persons on the property, the Landlord may and will terminate this lease without a refund. The tenant is solely responsible for the safety of tenant’s invitees, employees, family and friends. All persons and property on the leased property shall be at the risk of tenant only. The Landlord shall not be liable for any damages, injury or theft.
d. Neither the landlord nor its employees, shall be liable for any loss, theft or misappropriation of, or damage to, the property and equipment of Tenant occurring in connection with the event, and any such property or equipment located at or in the property will be there at the risk of the owner thereof. Tenant agrees to carry sufficient insurance for any of Tenant’s property and equipment that Tenant brings into or adjacent to the property.
Indemnification and Hold Harmless. The tenant hereby releases the landlord, from any and all damages, injuries or liabilities related to this event, occurring at or resulting on or about the property. The tenant hereby indemnifies and hold harmless the landlord from any and all any cost (including attorneys' fees), damage, expense and liability (including statutory liability and liability under workers' compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of, or in connection with, any damage or loss to any property or any injury or death caused to any person while on the property (interior, sidewalk or parking lot) regardless of the cause, including any acts or omissions on the part of the tenant, independent contractors, performers, guests, invitees, or other agents. The tenant shall immediately notify the landlord of any damage or injury of which they have knowledge in, to, or near the property, regardless of the cause of such damage or injury. The landlord is not responsible for any damages or loss of artwork, property or equipment, of renter, performer, or event guests, arising from any cause while on or about the property. This indemnity shall survive the termination of this agreement. The tenant hereby releases the landlord from any and all liability or responsibility to the tenant or anyone claiming through or under the tenant by way of subrogation or otherwise for any loss or damage to equipment or property of the tenant covered by any insurance then in force.
FIRE HAZARD: The tenant will be responsible to ensure that smokers do not throw away their cigarette buds carelessly but shall dispose of them properly. This area is prone to fires and hence it is very important that all tenants and external guests are made aware of this in writing. We recommend to set up a smoking zone by the Sauna area.
Force Majeur: the owner is not responsible for any damages, loss or any incidents that can lead to the villa not being habitable due to force majeur. The client however will be refunded the pro rata rate of the net price to the owner (agency commissions excluded)
The use of the Putting / Chipping green, Paddle court, Jacuzzi and Sauna are not allowed on the day of any event.
No glassware should be thrown or used in the pool.
The use of the pool table will be the responsibility of the tenant and any damages to the pool table will automatically incur a fee of 1000€ which will be deducted from the security deposit.
By paying the 1st payment the Tenant agrees to all above Terms & Conditions of this contract. No signature is needed.