APARTMENT RENTAL AGREEMENT. THESE TERMS AND CONDITIONS APPLY TO THE AGREEMENT BETWEEN CASA VENTANA AL MAR, CARRER MAIA 60, DENIA, SPAIN (“WE” or “US”) AND YOU FOR THE RENT OF A SERVICED APARTMENT.

THE FOLLOWING IS AGREED:

1. THE ACCOMMODATION

1.1 We will provide you with the Apartment and you will rent it for the Rental Period, at the agreed price and subject to the terms of this Agreement.

1.2 We will also provide:

(a) routine maintenance required to keep the Apartment in good and working order;
(b) cleaning and fresh linen as specified in the booking; and (c) furniture and appliances.
1.3 We give you the right (jointly with us and any other person authorized by us) to use the Apartment for the Rental Period. This right will expire at the end of the Rental Period (subject to earlier termination in accordance with this Agreement) or at the end of any renewal period of the Rental Period.

1.4 You acknowledge that we have the right to enter the Apartment at any time without your permission and/or consent, without giving you prior notice or warning, and that you have no right or entitlement to refuse us entry. For the avoidance of doubt, you understand that this Agreement is not intended to, and does not, create a tenancy of any kind between you and us.

1.5 You acknowledge that this Agreement does not create an Assured Shorthold Tenancy or a Tenancy Agreement.

2. BOOKING AND PAYMENT

2.1 Upon booking and payment, you acquire the right to be a guest at Casa Ventana al mar Apartment for the number of nights specified in the booking confirmation email. IMPORTANT NOTE: No rental rights are agreed or implied or intended in the booking confirmation. The Booking Confirmation is not intended to create a tenancy agreement in any form, nor does it create a tenancy.

2.2 You must provide us with sufficient information from the outset to complete a booking.

2.3 Guests may be required to complete a booking form and sign a contract before receiving the keys to the property.

2.4 Identification may be required. For visitors from outside the European Union this must be a passport. IMPORTANT NOTE: We are entitled to retain any deposit, booking fee or agreed price already paid if you fail to provide an acceptable form of photographic identification as required above if your failure makes it impracticable, difficult, unlikely or impossible for us to re-book the apartment to another guest.

2.5 Where a booking form is required, only guests who have signed the booking form with Casa Ventana al mar’s management will be permitted to stay in a Casa Ventana al mar apartment. IMPORTANT NOTE: We are entitled to retain any deposit, booking fee or agreed price already paid if you fail to sign the booking form as required above if your failure to do so makes it impracticable, difficult, unlikely or impossible for us to re-book the apartment to another guest.

2.6 Guests are not permitted to invite non-guests to stay in the Casa Ventana al mar apartment. Additional guests must be registered and an additional fee will be charged per guest per night.

2.7 It is forbidden to leave unregistered guests alone in the apartment. If unregistered guests are present, they will be asked to leave the apartment.

2.8 Special requests in relation to the rental of the Apartment should be communicated prior to booking. We will use reasonable endeavors to accommodate special requests, although special requests may incur additional charges.

2.9 A booking is not confirmed until full payment has been received with the required guest registration details. For bookings made less than 30 days prior to arrival, full payment must be made by STRIPE, PAYPAL or cash at check-in. If you default on payment, we may terminate this contract with immediate effect by giving notice to you.

2.10 IMPORTANT: Unless otherwise agreed in writing, we may charge a full rental day at the current rental rates for each full or partial day that the Apartment has not been returned after the agreed return date. Payment of such further charges will be made on request and you authorize us to debit such further charges from any credit or debit card used for the booking.

2.11 You shall have no right of set-off, deduction, counterclaim or retention in respect of any amounts payable by you under this Agreement.

2.12 You will be liable to pay interest on demand (both before and after judgment) on any sums payable by you to us under this Agreement which are not received by the due date, at an annual rate of 5% above the prime rate of the European Central Bank from time to time in force, calculated daily and compounded monthly from the due date for payment until we receive payment in cleared funds.

2.13 The management of Casa Ventana al mar reserves the right to refuse any booking without giving reasons or to cancel, change or amend the agreements made by the guest. In the unlikely event that the accommodation is no longer available for the period of the booking, we will attempt to arrange alternative accommodation and if this is not acceptable to the guest, all monies paid will be refunded in full to the guest, the liability of the owner of Casa Ventana al mar will then cease.

3. CANCELLATIONS

All booking cancellations must be notified to us in writing.

3.1 If you notify the cancellation at least 30 days before the start of the rental period, no cancellation fee will be charged.

3.2 If you cancel with less than 30 days’ notice, we will charge a cancellation fee equal to the deposit paid or 30% of the total amount including tax.

3.4 If you do not arrive at the apartment and check in as agreed, we will charge the full amount paid as a cancellation fee.

3.5 Payments made for discounted bookings will not be refunded unless the management of Casa Ventana al mar has agreed to an exception in writing at the time of booking.

3.6 If you are denied access to the apartment due to a breach of any of the sub-clauses in clause 2, we will charge a cancellation fee equal to the agreed price and/or any additional charges due if you are already a guest.

4. ARRIVAL AND DEPARTURE

4.1 You may check into the apartment from 14.00 on the first day of the rental period, unless otherwise agreed with us.

4.2 You must check out of the apartment by 11:00 a.m. on the last day of the rental period. Failure to do so may result in further charges in accordance with clause 2.10.

4.3 Earlier check-in or later check-out is subject to availability and may incur additional charges.

4.4 We will provide you with more detailed check-in instructions (including key collection) before the start of the Rental Period and check-out instructions (including key return) when you arrive at the Apartment.

5. YOUR OBLIGATIONS

5.1 You will throughout the Rental Period:

5.1.1 use the Apartment only as private residential accommodation;

5.1.2 ensure that the number of persons using the Apartment does not exceed the maximum permitted number of persons notified to you at the time of booking based on the number of sleeping places in the Apartment;

5.1.3 to keep the Apartment in good repair and in a clean and tidy condition at all times

5.1.4 not to repair or attempt to repair or carry out any work to the Apartment or allow any third party to do so unless requested to do so by us in writing;

5.1.5 notify us immediately if you cause or become aware of any damage to the Apartment or its contents;

5.1.6 not to allow pets or animals into the apartment;

5.1.7 not to smoke in the apartment and the communal areas as well as on the balconies and roof terraces;

5.1.8 not to cause a nuisance or disturbance to residents of neighboring premises (or invite anyone into the apartment who causes such a nuisance);

5.1.9 not to behave in an offensive or threatening manner towards our staff;

5.1.10 not to remove any furniture, appliances or other items from the Apartment without our prior consent;

5.1.11 to return the Apartment to us at the end of the Rental Period or upon earlier termination of this Agreement in accordance with the terms of this Agreement and in good condition and in a clean and tidy state; and

5.1.12 to indemnify us and keep us indemnified on demand against all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by us in connection with this Agreement or in connection with the use or misuse of the Apartment (other than those caused by our negligence), other than personal injury or death caused by our negligence.

5.1.13 not to use the address of a Casa Ventana al mar apartment for the purchase of goods or for a credit agreement of any kind.

5.1.14 not to use the apartments for parties or other non-residential activities without prior consent. Payment for loss/damage may be charged at the discretion of the management of Casa Ventana al mar.

5.2 Any damage to an apartment or its contents, any failure of equipment provided or any loss of keys/electronic fobs/garage entry should be reported to the owner(s) or the owner’s representative as soon as possible.

5.3 You agree to grant us or our authorized representatives permission to enter the Apartment at all reasonable times to inspect the condition of the Apartment.

5.4 If you default in any of your obligations under this Agreement, we may terminate this Agreement immediately upon notice to you, without refund.

6. SECURITY DEPOSIT

6.1 Please ensure that you inspect the Apartment immediately upon check-in and arrival. If we do not receive notice to the contrary within two hours of check-in and arrival, we are entitled to assume that you have fully accepted the condition of the Apartment as set out in the Inventory and Condition Report (or, if there is no Inventory and Condition Report, is in good order and in a clean and tidy condition) and you waive any right to claim otherwise.

6.2 The risk of damage to the Apartment and the furniture and equipment shall pass to you on check-in and arrival and shall remain with you until the Rental Period has expired or the Apartment is returned to us in accordance with the terms of this Agreement. You shall reimburse us for any loss or damage to the apartment occurring or arising during the rental period and any reasonable rental losses arising from such loss or damage. However, you will not be liable for any loss or damage caused by normal wear and tear only.

6.3 Any security deposit paid will be refunded to you in full within 2-7 days (or any authorization to pay will be cancelled) if the Apartment is returned to us in accordance with the terms of this Agreement. If you are liable for loss or damage under clause 6.2 above, we may retain part or all of the Security Deposit to cover our loss and damage and our administration charges associated with repairing the Apartment (see Additional Charges for details of such administration charges).

7. ADDITIONAL CHARGES

7.1 Additional charges which may be payable include the items specified in the Booking.

7.2 If additional charges are payable, you must pay the additional charges directly by STRIPE, PAYPAL or cash.

8. EXTENSIONS AND CHANGES

8.1 Should you wish to extend the rental period, a request must be made to us, which we may grant at our discretion and subject to availability.

8.2 In the event of an extension under clause 8.1, you agree to make all agreed additional payments by STRIPE, PAYPAL or cash to the management of Casa Ventana al mar.

8.3 If the apartment specified in the booking is no longer available before the start of the rental period, we may relocate you to an apartment of a similar type and standard in a similar location. If the price of such an alternative apartment is lower than that of the apartment specified in the booking, the agreed price will be reduced accordingly. If the price of the alternative apartment is higher, the agreed price shall remain the same.

9. INSURANCE AND LIABILITY

9. 1 We shall have no liability (whether for breach of contract, tort (including but not limited to negligence) or breach of statutory duty) for loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, loss of reputation, theft, loss of or damage to your property and any special liability, In any event, our total liability to you for all loss or damage suffered or incurred by you (whether in breach of contract, tort (including but not limited to negligence) or breach of statutory duty) shall not exceed the total agreed price paid by you.

9.2 You shall be solely responsible for and shall indemnify us in full against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses incurred by us as a result of any breach or failure by you, your employees or agents in the performance of your obligations under this Agreement.

9.3 Possessions: The owner(s) shall not be liable for the theft of or damage to any property left in the Casa Ventana al mar apartment or in the parking lot. Guests must ensure that the doors and windows of the apartment are securely locked when they are not at home and are advised to lock the front door when they are at home. Guests are responsible for the security of any vehicles they leave in the parking lot.

9.4 It is recommended that you take out valid travel insurance.

9.5 You have selected the Apartment so that it is suitable and appropriate for your needs. We give no warranty or representation as to the suitability or fitness for purpose of the Apartment and exclude any liability in this respect. You further acknowledge that although the content on the Website, including any photographs, drawings or plans of the Apartment, is published in good faith, we do not warrant that any of the content accurately or completely describes the Apartment. The actual size of the Apartment, design, fixtures, fittings and facilities may vary.

9.6 We do not exclude liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

10. COMPLAINTS

We aim to provide a high quality service. However, if you wish to raise anything that you are not satisfied with, please contact the management directly on 0034 644 513 595 or email booking@casa-ventana-al-mar.com.

We will do our best to resolve any issues that arise.

11 TERMINATION

11.1 We may terminate this Agreement with immediate effect by giving you written notice if:

11.1.1 you commit a material or continuing breach of this Agreement and, if the breach is capable of remedy, you fail to remedy it within 24 hours of being notified of the breach, provided that, if it is a repeat breach, no time need be given to remedy it; or

11.1.2 you do or permit to be done any act or omission which in our opinion may jeopardize our rights in the Home or any part of it, or if you abandon the Home; or

11.1.3 any sum payable by you under this contract is not received by us by the due date and such non-payment is not remedied within 2 working days of us notifying you in writing.

11.2 Upon expiry or termination of this Agreement, for whatever reason, you must:

11.2.1 pay to us the agreed price and all other sums due under this Agreement;

11.2.2 return the Apartment to us in good condition and in a clean and tidy state; and

11.2.3 indemnify us against all reasonable costs incurred by us as a result of any failure to comply with these return conditions (as provided in clause 5).

11.3 All our rights accrued prior to the termination of this Agreement (however arising) shall remain in force notwithstanding such termination.

11.4 We reserve the right to reclaim the Apartment from you if you default in returning the Apartment to us. You will indemnify us and keep us indemnified against all costs, losses and expenses (including legal costs) incurred in repossessing the Apartment.

12. GENERAL

12.1 We operate a policy of continuous improvement and reserve the right to change/ rearrange furniture in all apartments. Although we make every effort to ensure that all photographs are accurate and up to date, changes to furnishings may not be reflected in the photographs displayed on this website.

12.2 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement resulting from any cause or causes beyond its reasonable control, including, but not limited to, any of the following: acts of God, acts of government, war, fire, flood, explosion or civil commotion.

12.3 Waiver. The failure of a party to exercise or delay in exercising any right or remedy under this Agreement shall not constitute a waiver of such right or remedy or a waiver of any other right or remedy to which such party may otherwise be entitled, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of such right or remedy or the exercise of any other right or remedy. A waiver of a breach of any term of this Agreement or of any default under this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of this Agreement.

12.4 Entire Agreement. Each party acknowledges that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior discussions, understandings and agreements between the parties and their representatives, except for such variations as may be agreed to in writing by us and you. Each party further agrees that in entering into this Agreement it is not relying on any representation, warranty or undertaking (whether negligent or innocent and whether express or implied) or on any act or omission of or by any other party in relation to the subject matter of this Agreement (other than as expressly set out in this Agreement), and it agrees not to enforce or pursue any right or remedy in relation to such subject matter other than under this Agreement, and hereby waives and fully discharges the other party in respect thereof.

12.5 Assignability. This Agreement is personal to the parties. We may assign our rights, claims and interests in this Agreement without your consent. You may not assign your rights, claims and interests in this Agreement.

12.6 Rights of third parties. A person who is not a party to this Agreement has no right to enforce any term of this Agreement, but this does not affect any rights or remedies of a third party that exist or are available outside the law.

12.7 Notices. Any notice or demand to be given under this Agreement by one party to the other shall be in writing (or by email) and shall be deemed to have been duly served if left at or sent by prepaid post to the current number of the address of that party as stated in this Agreement or as last known to the party sending the notice or demand, and, if so sent, shall be deemed to have been received on the day after posting and, if sent by email, shall be deemed to have been received one hour after the time of transmission or, if sent outside normal business hours, one hour after the next business opening.

12.8 The parties agree that all disputes arising out of or in any way connected with this Agreement (whether in contract, tort or otherwise) shall be governed by German law and subject to the exclusive jurisdiction of the German courts.

12.9 You agree that you will be liable for all costs, including legal costs on an indemnity basis, incurred by us as a result of your breach of this Agreement.

13. INTERPRETATION

In this Agreement, the following words and expressions shall have the following meanings unless the context otherwise requires:

“Agreement” means this Agreement;

“Additional Charges” includes, but is not limited to, the additional charges in clause 8 payable by you for Facilities and Additional Items;

“Agreed Price” means the price at which you agree to rent the Apartment as set out in the Booking or in any subsequent Agreement;

“Apartment” means the apartment specified in the Booking or an apartment of a similar type and standard in a similar location

“Arrival Date” means the first day of the Rental Period as specified in the Booking or any subsequent Agreement

“Booking” means an offer by you to us to rent the Apartment on the terms of this Agreement after you have provided us with sufficient information to enable us to complete our provisional booking process by telephone or via the Website;

“Furniture and Appliances” means such furniture and appliances as are normally found in the Apartment and any other items that we provide;

“Rental Period” means the period commencing on the Arrival Date and ending when the Apartment is returned to us;

“Inventory and Condition Report” means our report on the condition of the Apartment and its contents.