Terms and Conditions
GENERAL RENTAL CONDITIONS
The following General Rental conditions apply to the touristic rental contract, stipulated between Holiday World (mentioned below as « HW »), which acts in the Homeowner’s name, and the Client.
Holiday World T.SL. (named « HW » below) with legal siege in Calle Irlanda n. 4 38670 Adeje, S.Cruz De Tenerife, Spain, operates under its name and account as a Landlord, in an independent way towards the Homeowner and not as an intermediary. For this reason, it is responsible of the ordinary management according to the laws in force, the rental of the booked property is always ruled by the following General Conditions that establish the contractual terms between HW and the Client.
Considering its nature and its duration and according to the custom, the rental contract between HW and the Client must be considered valid and non-refundable in case of cancellation, even without having a written form. Its validity, its efficiency and the corresponding obligations come to life at the exact moment in which the Client books, even if he still didn’t pay the first payment,
The sole booking as mentioned below includes the tacit acceptance of all the rental conditions above mentioned, and their efficiency.
Before the beginning of the rental period, the Client will receive a Journey Form that will include the precise indications to reach the accommodation and the precise indication of the place where the keys have to be taken.
1. Rental period
The arrival and departure hour indicated on the Journey Form are always the ones to comply with. The accommodation’s description contains all the information regarding the date and hour at which the property will be ready, besides the details regarding the access and the moment in which the Client will have to leave the property. Except in case of a different written indication, the keys delivery will occur only in front of the presentation of the original Journey Form.
2. The accommodation
2.1 Accommodation’s dimensions
The accommodation’s surface in meters square is calculated based on the external dimensions of the building and is reported on HW’s website.
2.2 Number of persons
The property (including the land related to it) can not be occupied by a number of people higher than the number indicated on the booking confirmation, including the children, whatever their age would be. The only exception to this condition is for the properties where it would be possible to bring one more child (under age 4) without extra charges. At the moment of the booking, the Customer Service office’s employees will inform the Client about this possibility which is available on the internet in the accommodation information. If the accommodation (including the land related to it) appears to be occupied by a number of people higher than the maximum authorized, HW will have the right to request, without notice, the expulsion from the property of the number of people in excess. In the case in which the Client does not comply with such request within 12 hours from the communication made by phone or email, HW will have the right to terminate the rental contract for default, with immediate effect, communicating it through email, preannounced by phone or through message, asking the immediate departure of all the occupants without any further notification and without any refund being due. HW offers properties mainly to families and couples. Groups, intended as a minimum of 6 people who are not families or couples, are of course welcomed.
2.3 Tents and caravans
It is forbidden to place tents, caravans and similar on the land belonging to the property. HW has the right to ask the immediate removal of these. If the Client does not comply with the request within 12 hours after the communication, HW will have the right to terminate the contract for default with immediate effect, communicating it through email, preannounced by phone or through message, asking the immediate departure of all the occupants without any further notification and without any refund of the rent being due, since it will be withheld for the damages compensation, except for the right of greater damage suffered.
2.4 Pets and allergies
In some houses the pets are not allowed, HW does not assume any commitments and responsibilities regarding the fact that pets may have stayed in the accommodation previously.
2.5 Newly constructed accommodations
In the hypothesis in which the property is newly built, there is no guarantee from HW that a garden with turf or any plants have been successfully planted in the land.
Even in a holiday area, the clients can be unexpectedly exposed to noise coming from construction works, traffic and similar. The responsibility of the disturbances caused by the noise can not be attributed to HW.
If a rowing boat is provided, the Client who took it on loan is responsible of its use. Before starting to use the boat, the client must always check that the 2 oars, the 2 oarlocks and eventually the anchor and its chain are in good conditions. All must wear life jackets. HW is not obliged to provide the life jackets to the Client. Therefore, the Client is not guaranteed to find in the property a number of life jackets corresponding to the number of people that will use the boat. The children under 18 can use the boat only if accompanied by an adult over 18 years old. The Client must observe all the legal requirements about the circulation of boats. After using the boat, the Client must place it on the shore in a suitable way and beyond the high tide limit. HW does not take any responsibility over the possible incidents or damages caused by using the boat.
If the property is equipped with a swimming-pool, the Client, for security reasons, is required to follow all the instructions regarding the use of the swimming-pool given by HW. The Client is responsible of the use of the swimming-pool. It is forbidden to let the children under 18 years old using the swimming-pool without the supervision of an adult, and HW is from this moment relieved from any responsibility.
3. Rental fee prepayment
The prices are intended in Euro (EUR) for each accommodation on a weekly basis. The reservation is immediately binding whether it has been made online, by tour operator or through the Customer Service. After HW’s acceptance and registration of the booking, a booking confirmation and the Journey Form is sent. The email contains the information about the terms of payment, and the documents concerning the rental will be downloadable after the payment of the entire amount.
If the booking is made more than 30 days before the beginning of the booking, the rules are: the payment of the first rate, which is equal to 30% of the total amount of the rent, must be received by HW within (and not after) 6 days from the booking. The payment of the second rate, which is equal to 70% of the total amount of the rent, must be made at least 30 days before the beginning of the rental period and must be received by HW within 6 days.
If the booking is made less than 30 days before the date of arrival, the following applies:
The total amount of the rent has immediate deadline and must be received by HW within (and not after) 3 days from the booking. If the Client does not comply with the payment conditions, he will be considered defaulting and therefore HW will have the right to terminate the rental contract without notice. Moreover, when possible, HW will work to give the Client a notice about the imminent termination of the rental contract. The termination of the contract does not exempt the Client from the obligation to pay the rent as a compensation. Depending on the moment in which the default has occurred, the rent will have to be paid according to according to the terms set in the art. 6 regarding the right of withdrawal.
4. Tax and currency
In case of tax increase or modification in the exchange rates, HW will have the right to increase proportionally the rent upon transmission of the documentation attesting the increases occurred. If the exchange of the country in which is located the property, or the currency in which the rent is calculated by HW undergo some changes compared to the exchange rate used for the publication of the selling price, the amount of the rent may undergo (after the stipulation of the contract and before the check-in) an increase equal to the same percentage in which the exchange rate increased. This circumstance does not give the Client the right to withdraw from the contract.
HW will refund and/or will move the guest to an equal or superior level property if it is impossible to guarantee the reservation on the accommodation initially booked, for reasons attributable to HW or to the property itself.
The client is refundable if:
a. The clients expresses his/her complaint immediately at the arrival or within 24 hours from the beginning of the stay in the holiday house.
b. HW did not take care of the client’s problem within 24 hours after the client’s communication.
c. The situation is not attributable to the Client.
If the Client cannot have the use of the accommodation, he can transfer his/her booking to third parties without any extra costs, or he can cancel the booking without any refund.
In case of moving, the client does not have to pay for the cleaning of the accommodation initially booked.
The refund cannot be applied in case of major force.
6. Withdrawal and/or modifications
The Client’s anticipated withdrawal from the rental contract must be communicated in writing and takes effect, in the following terms and conditions, from the day in which it has been received by HW.
In case of anticipated withdrawal, the Client will have to pay the following penalties:
a. from the date of the booking until 30 days before the beginning of the stay, 30% of the total rent
b. from 30 days before the beginning of the stay, 100% of the total rent. If HW, for any reason, does not receive the withdrawal’s written communication, the Client will have to pay 100% of the rent even in the case in which he/she does not use the accommodation. The penalties are rounded up to the amount in euros without decimals.
The Client can assign the rental contract to another subject with the same conditions and upon communication to HW. The communication of the contract’s assignment must be done written to HW or to the Client’s Tour operator.
7. Energy consumption
In the holiday houses in which the energy consumption is not included (see the description of each accommodation) and where there is not any coin electric meter, a form is given to the Host at the check-in, or the form can be easily found in the property. Right after the entrance in the house, the Client must write down on the form the meter reading data. Decimals do not appear on the electric meter, so the kWh are in round figures, any red numbers represent also kWh in round figures, The Client will have to consider bearing the costs for additional energy consumption (electricity, gas) due to the heating. The heating costs change depending on the season at the moment of the check-in. Not all the outdoor swimming-pools are heated, and not all the outdoor swimming-pools are open all year. To get further information on this matter, please check the house’s page on the internet and/or the catalogue.
8. Security deposit
The use of the accommodation is subject to compliance with the obligation for the Client to pay a security deposit in cash that will have to be given during the check-in. This security deposit represents a guarantee in the interest of HW in case of possible damages in the house. The amount of the deposit is indicated on the journey form, on the catalogue and/or on the website.
An anticipated payment may be asked to cover the final cleaning costs, or possible extra cleaning, depending on the duration of the reservation. The refund of the deposit will be done within 3 weeks after the check-out. The possible consumption costs will be subtracted from the amount. The possible damage costs and the final cleaning fees will also be subtracted. In the case in which the subtractions amount is higher than the deposit amount, the Client will have to pay the difference.
9. Final cleaning
The Client must leave the house in order at the moment of the check-out. It is kindly asked to leave the house in the same conditions as you would like to find it. The final cleaning’s obligatoriness does not exonerate the Client from cleaning the plates, emptying the fridge and tidying up the house inside and outside before departure.
The Client must treat the accommodation he/she rented and its equipment correctly and with the diligence due. The rented accommodation must be returned in the same conditions in which it has been found at the check-in, except for the common deterioration due to the natural aging. The Client is responsible towards HW for the damages caused to the house and/or to the furnishings that occurred during the rental period. He/she is responsible for the damages caused by himself/herself AND by other people to whom the Client has given access to the property. The damages to the house and/or to the furnishings occurred during the rental period must be communicated immediately to HW. If the damage has been reported by the Client or if it can be recognizable by using common diligence, the complaints for damages occurred during the rental period must be communicated within 3 weeks from the end of the rental contract except in the case in which the Client acted with intent. Each time a new Client enters the house, HW or its person in charge will check the state of the house to verify possible damages or defects to the house and/or to its furnishings.
11. Defects, complaints and remedies
The Client has the obligation to make a complaint for possible damages and/or defects presents in the accommodation that impede the normal use of it. He/she must address the complaint to HW immediately after having taken possession of the property and within 24 hours after the beginning of the rental period, or after the defect has been observed. In the case in which the management of the complaint would not give a satisfactory result for the Client, he will have to contact HW through email and the complaints will have to be addressed to the following: firstname.lastname@example.org .
The Client is expected to collaborate to avoid the damages and/or defects observed to get worse, to be able to limit the damages as much as possible. In case of complaint, the Client is required to grant to HW a reasonable amount of time to be able to intervene or solve the defect and/or damage. The departure from the property before the end of the rental contract, without previous agreement with HW, is at the expense and at risk for the Client. In such case the Client takes and accepts the risk of not being able to make use of another house, where available, or not being able to request a compensation nor a discount on the price. This is because the Client has made impossible a possible remedy to the damage and/or defect or a possible transfer to another property. HW, in front of a complaint presented by the Client, reserves the right to solve the issue by transferring the Client, if possible and at the discretion of HW, in another property with similar prices and quality level. HW cannot accept complaints which are motivated by the fact that other clients may have got a better Property. HW will always work to fulfil particular wishes related to the position of the Property for example, but it will not be able to give any guarantee about it. The possible civil liability includes only the economic damage suffered by the Client. For the indirect damages (consequent damages) or for the non-economic damages (moral damages), HW cannot be responsible.
12. Technical installations
Most of the houses are equipped with washing machines, dishwasher, microwave, TV, satellite dish, radio, freezer, dryer, solarium, swimming-pool, jacuzzi, phone, fax, internet connexion and similar. Since they are available freely for the Client, he can present complaints and/or requests in case of disturbances or damages or unexpected interruptions. In those cases, the Client must communicate it to HW so HW can, when possible, do the repair as soon as possible.
13. HW’s position
HW does NOT operate as an intermediary. Nevertheless, the responsibility and the obligations related to the rental contract concluded between the Client and HW are exclusively charged to the property Owner when it comes to the property itself, and they are charged to HW when it comes to the booking. If, contrary to what is foreseen in the rental contract, it seems impossible to perform the rental contract for reasons that are not HW’s fault, HW will have, at its own discretion and without any responsibility towards the Client, to refund immediately to the Client the rent already paid or, if possible, offer to the Client a similar accommodation in the same area and to the same price.
In case of controversy, the jurisdiction is exclusively the one of Holiday World’s legal siege.
15. Exceptional events
In the case in which the rental contract cannot be performed or if its execution is significantly impeded because of exceptional circumstances due to major forces (es. wars, natural disaster o pollution, epidemics, border closure, traffic issues, closing of currency operations, strikes, lock-outs or similar major forces causes) that would not be predictable at the conclusion of the rental contract, HW has the right to solve the rental contract and HW can’t be held responsible for what happened. In case of major force, HW has the right to the coverage of all expenses incurred, including the booking costs related to the termination of the rental contract.
HW does not have any responsibility in case of insect infestation in the property or the land, in case of theft or similar events that are related to the Client’s private ownership.
16. Others information
If the Client signs an agreement with HW that would differ from the present general rental conditions on one or more aspects, such agreement does not affect the efficiency of all the remaining general rental conditions that still apply to the rental contract.
The accommodations are rented following the order in which they are booked.
The present general conditions apply with the possibility of printing or illustration errors.
HW received the information about the accommodation from the owner and as a consequence HW is not responsible for their veracity, but only for the compliance with the obligation to do everything it possibly can to ensure that the information is correct and transparent.
These general rental conditions apply to all the rental contracts related to properties managed by HW.
Whatever use of these conditions for commercial purposes, including its partial or complete reproduction, is prohibited according to the current legislation, if not authorized.