- Article 1: LIABILITY AND RESPONSIBILITIES OF THE TENANT
BEFORE HIS STAY IN THE ACCOMMODATION
The tenant will make a 50% down payment of the total price of the stay on the Zapinvest Holidays Seaview’s account within 24 to 48 hours following the confirmation date of the booking. The remaining balance as well as the deposit is to be paid on the same account not later than a month before the beginning of the stay. The payment will be made by bank transfer or by Instant TPV. In the case of a booking made within the two weeks preceding the beginning of the stay, the tenant will pay the full amount of the stay at the confirmation of the booking by the owner and, in case of a bank transfer, will send a banking certificate as proof of the payment.
The owner reserves the right to cancel the booking at the tenant’s expenses if the payment is not made in agreement with the aforementioned payment conditions. The stay shall not begin until the tenant has settled the full amount of the stay.
Exceptionally and only when the client arrives during office hours, a last minute rental will be paid in situ on the arrival of the tenant (if the payment could not be made before) only with credit card.
Unless otherwise indicated, the tenant pays the deposit before arriving at the accommodation in accordance with the amount set in the advert. The deposit is returned to the tenant within 15 days following the end of the stay after debiting possible costs for repairs or purchases due to damages or losses to the accommodation or its contents caused by the tenant
The tenant is held responsible for all damages caused in the accommodation rented during the stay. Zapinvest Holiday will monitor and manage any possible problems caused. If the situation has not been amicably settled between Zapinvest Holiday and the tenant, the former shall be discharged of its conciliation mission. The owner and the tenant will have to settle differences between themselves.
In no event will the owner and Zapinvest Holiday will accept to enter into a contract with a person under 18 years of age. All the bookings made by a person under the age of18 years will be considered as null, and the client will not be entitled to any indemnity from the owner.
VERY IMPORTANT : Access to the accommodation will be possible from 4 pm. Nevertheless, if the accommodation has been cleaned and is ready before this time, the tenant will have the possibility of going to the agency to collect the keys. If the tenant cannot arrive within office hours, he is requested to give prior notice to the owner or to Zapinvest Holiday. In such case, a safe will be at his disposal on the façade of the agency. He will then be able to collect the keys as well as the access plan. The tenant will have to obtain the code to the safe from Zapinvest Holiday.
WHILE STAYING IN THE ACCOMMODATION
The tenant commits to make use of the accommodation with due diligence and respect of all the requirements made by Zapinvest Holiday and the owner regarding the smooth running of his stay and that of his neighbours.
The tenant will make a reasonable use of water, electricity and air conditioning. When using the air conditioning the doors and windows will remain shut.
The owner and Zapinvest Holiday reserve the right to terminate the present contract without prior notice and indemnities if the tenant’s behaviour or that of a person or pet in his company hinders the smooth running of the stay. Nevertheless, the client acknowledges that he is legally and exclusively responsible for any damage caused to the accommodation, its contents, to third parties or their belongings, due to his actions or those of any person or animal under his responsibility, because of, or due to illegal behaviour or abnormal or illegal use of the accommodation and its contents, to theft or a fire, as well as to the incompliance of his obligations.
The costs incurred by the owner in order to repair the accommodation and its outbuildings will be charged to the deposit and billed to the client by the owner if the deposit is not sufficient to cover such costs.
Finally, the tenant acknowledges that Zapinvest Holiday and the owner cannot be, under any circumstances, be held responsible for the damages caused by him to his belongings, his pets, his visitors and accompanying persons during the stay. In this case, he commits to express his claims directly and exclusively to the owner.
The tenant’s claims due to the non-compliance of the offer of the stay, from the accommodation to its description, will be made by the tenant within 24 hours following his arrival. The tenant will simultaneously inform Zapinvest Holiday who will then decide, after consulting the owner, on the legitimacy of the claim and will propose, if appropriate, an indemnity established by mutual consent between Zapinvest Holiday, the owner and the tenant. The owner will assume this indemnity and in no case shall, Zapinvest Holiday be held responsible for the accommodation’s non-compliance.
In case of theft, fire or claim from the owner against the tenant, Zapinvest Holiday’s responsibility will never be engaged or sought by the TENANTS or the OWNERS.
The tenant is legally responsible for the actions of his guests, persons or pets under his responsibility.
The client commits to comply with the maximum capacity of the accommodation. In case of incompliance of the limitations, Zapinvest Holiday reserves the right to forbid the access to the accommodation rented on arrival or end the stay without any indemnity for the client.
The tenant agrees not to smoke in the accommodations.
Zapinvest Holiday will have made the inventory prior to the client’s arrival. Following his arrival at the accommodation the tenant will have 24 hours to report any damage or defect. Otherwise, after this delay, it will be considered that he has approved the inventory and conditions of the accommodation.
Unless otherwise stipulated, the tenant must leave the accommodation on the last day of the rental period, at 10 o’clock in the morning at the latest and return the keys to the agency. Should the tenant leave before office hours he will ensure to inform the agency; in this case, the keys will be left in the safe that is made available to this effect. If the tenant does not return the keys within the above-mentioned period, an extra night will be charged to the deposit.
The tenant must return the accommodation and its contents in the state in which it was handed over to him (in order). He must return the accommodation swept, he must wash and tidy the dishes, clean all the domestic appliances (including the barbecue) and put all items of furniture that may have been moved back into the place thy were at upon arrival, throw the refuse into the containers provided to that effect, undo the beds and keep all the bed linen together. Failure to do so enables Zapinvest Holiday to charge the costs for cleaning and maintaining the accommodation to the deposit and, if necessary, the owner will charge the tenant for it.
Pets are only admitted if their presence is authorised in the accommodation’s offer and within the conditions established by the offer. In some cases, only pets under 12kg are accepted.
Any breach of this clause authorises Zapinvest Holiday to deny the tenant the access to the accommodation without any indemnity.
- Article 2 : RESPONSIBILITY OF ZAPINVEST HOLIDAY
ZAPINVEST HOLIDAY offers the leasing of accommodations on behalf of their owners without personally owning the asset. It handles the tenants in situ. The tenant is expressly reminded that this rental agreement is carried out between him and the owner and not between him and the Zapinvest's agency.
The accommodation will be handed over to the tenant in good condition. On departure of the tenant, the cleaning will also be carried out by ZAPINVEST HOLIDAY in accordance with the conditions of collaboration with the owner.
- Article 3 : RENTAL SUPPLEMENTS
The cleaning of the accommodation is included in the rental price, as is the supply and maintenance of the house linen for the number of people staying at the accommodation. The house linen pack includes one set of bed linen per bed, one set of bath towels (large and small) per person, tea towels and one bath mat per bathroom.
Should the tenant wish to have supplementary house linen, he should request it to the agency. It will be directly charged.
Subject to availability it is possible to rent a cot. The cost is 3€ per day. The cot is to be picked from at the Zapinvest's agency.
Subject to availability it is possible to rent a high chair for child at the agency. The cost is 2 € per day. The chair is to be picked up from the Zapinvest's agency.
In case of late check-out (after 10am), an additional night will be charged to the tenant and directly deduced of his damage deposit.
- Article 4 : TERMINATION OF THE CONTRACT
The tenant can terminate the contract at any time. The deposit being considered as a commitment, if the tenant renounces to the rental the deposit paid will not be returned (except in case of force majeure).
The compensation payments are as follows:
- If the cancellation occurs more than 30 days before the date of stay: 0% of the rental price,
- If the cancellation occurs within 30 days before the date of stay: 50% of the rental price.
The present rental conditions may be altered.
The booking contract is subject to Spanish law. Any dispute will come under the jurisdiction of the tribunal of Estepona for an accommodation situated on the Costa del Sol and Orihuela Costa for an accommodation situated on the Costa Blanca.