Terms and Conditions & Agreement of Booking

 

  1. Booking your rental villa

1.1 The Party Leader accepts these terms and conditions and further confirms authority to accept (and does) accept these terms and conditions on behalf of all members of the booking party. Each member of the booking party has joint and several liabilities irrespective of the Contract.

1.2 Once you confirm the property and dates you wish to book and the rental price in writing, we will make final availability enquiries with the Owner. We will then confirm the bookings by sending you an email with a “Booking Contract”.

1.3 Property availability, conditions and prices are subject to change prior to us confirming your booking.

1.4 We must be notified of any special requests in writing at the time of making the booking. All special requests are subject to availability and will not be part of our contractual obligations unless specified in the “Booking Contract”.

1.5 Smart Living Ibiza will not guarantee an early check in or late check out unless specified in the booking confirmation. In the case that you desire an early check in or late check out Smart Living Ibiza will only be able to consider this request this 48hrs before your arrival / departure time. The change of time is considered an amendment to your booking and will only be valid if you have received this in writing from us.

 

  1. Paying for your rental villa

2.1 All bookings require a reservation deposit, balance payment, and security payment. These % and amounts can vary depending on the property owners wishes. All payment amounts, and dates are expressly written out on the contract and must be adhered to. Failure to do so can result in loss of booking without refund. See contract for full details. Once we have received your reservation deposit payment your booking is confirmed. Until this payment is made we shall be under no liability to you whatsoever for this booking.

2.2 The reservation deposit must be paid by bank transfer to the account details on the rental contract. Once the deposit is paid you will be bound by these terms and conditions and your booking confirmed with the property reserved for you. The remaining balance must then be paid by bank transfer (cleared funds) on or before the balance payment date written on your contract.

2.3 A refundable security deposit (to cover charges, including but not limited to, loss, breakage, unpaid local charges, excessive cleaning and additional maintenance), as shown in the Booking contract, must also be paid to us (cleared funds) on or before the date written on your contract otherwise we may refuse you access to the property.

2.4 The security deposit is refunded within 20 days of the end of the Rental Period, subject to any deductions. We reserve the right to deduct charges from this deposit for the use of the telephone. We also reserve the right to retain the full security deposit until the Owner confirms there is no damage to the Property. Should the security deposit prove inadequate to fully cover any costs that may arise, we reserve the right to invoice you for the balance within 30 days of the end of the Rental Period, or at such other time to allow the total cost to be determined.

2.4 We only accept bank transfers as a method of payment.

2.5 If you fail to pay the amounts specified in conditions 2.1 and 2.2 by the due date, we reserve the right to treat your booking as cancelled by you and you will be liable for the cancellation charges set out in condition 4.

 

  1. Amending your booking

3.1 If, after your booking is confirmed, you wish to amend your booking (i.e. The chosen date of departure or the Rental Period), we will try to accommodate these changes, but it may not always be possible. Any extension of the Rental Period may require you to transfer to a different property (Second Property) for the extended part of the Rental Period. If you are unwilling to transfer to a Second Property for this extended part, you may make another booking for another property (Replacement Property) for the total revised Rental Period (further references to a Property shall include any such Replacement Property), however, condition 4 (excluding 4.1) shall apply to any cancellation of your booking for the original Property

3.2 Any request for changes to your booking must be made to us in writing from the Party Leader and will only be incorporated into the Booking if confirmed by us in writing.

3.3 If you vacate the Property before the end of the Rental Period you must let us know. We will not provide a refund for the remaining duration of the Rental Period and in such circumstances, we reserve the right to allocate the Property to another booking. If you vacate the Property early without informing us, you will waive any rights to claims made against the security deposit by the landlord.

 

  1. Cancellation of the booking by you

4.1 You are deemed to have cancelled your booking if:

4.1.1 condition 2.5 applies; or

4.1.2 the Party Leader provides written confirmation of cancellation (such cancellation to be effective when the written confirmation is received by us); or

4.1.3 condition 9 applies.

4.2 Where condition 4.1 applies, we will use our reasonable endeavours to allocate the Property to another booking with the same Rent Commencement Date and for the same Rental Period. However, we may only be able to allocate the Property to another booking for part of the Rental Period. The relevant cancellation fee (Cancellation Fee) shown in condition 4.3 is then payable by you (pro-rata in the event of an allocation for only part of the Rental Period). If we are unable to allocate the Property to another booking, you will be liable for the total Rental Price.

4.3 Cancellation Fees are based on the total Rental Price, are calculated from the Arrival Date and are as follows:

4.3.1 The 50% deposit is non-refundable.

4.3.2 Up to 93 days (3 months) before the rental – 50%; reimbursement of the total rent.

4.3.3 From 45 – 92 days – 25% reimbursement of the total rent From

4.3.4 Within 45 days – no refund of the total rent.

4.4 If the cancellation fee has not been settled in full (cleared funds) by the Arrival Date we reserve the right to charge interest at 3% above the base rate of National interest accruing daily and being compounded monthly until such debts have been settled in full.

4.5 In case of any cancellation there will be a minimum 350€ per booking administration fee.

 

  1. Cancellation of the booking by us

5.1 In the unlikely event we need to cancel your booking (for reasons beyond our reasonable control) we will advise you as soon as is practical.

5.2 If we do have to change your booking we will try and find you a suitable comparable property (in terms of location, Rental Price and size) within our portfolio with the same Arrival Date and Rental Period. If we cannot, you have the following options:

5.2.1 Agree to your booking being transferred to another property with a different Arrival Date, subject to availability. If the alternatives are of a lower price than that originally booked, the difference (if already paid by you in accordance with condition 2.1) will be refunded. If the alternatives are more expensive than that originally booked, you must pay the difference within 7 days of confirmation and in any event prior to the Rent Commencement Date; or

5.2.2 Cancel your booking completely and accept a full refund of all monies paid by you up to the date of cancellation, less any administration charges incurred in accordance with condition 3.3 and any charges we have incurred in accordance with condition 2.

 

  1. Property Descriptions

6.1 We aim to ensure that information provided by Owners is accurately advertised by us. However, small differences between the actual property and its description may occur. We shall not be held liable for any differences of opinion as to the condition or quality of the Property.

6.2 Occasionally, due to problems outside of our control, some services or facilities may become unavailable at the Property. If this is the case, we will notify you as soon as is reasonably possible after we have been informed. Such notification shall not constitute a cancellation in accordance with condition 5.

 

  1. Occupation of the Property

7.1 It is your responsibility to inform us of your arrival details in writing. We are not liable for any additional costs or any disappointment you may incur if you fail to give us the correct arrival details within 24hrs prior to arrival.

7.2 Unless otherwise agreed in writing, the property will be available at the time written on your rental contract on the Arrival Date and you must vacate the Property by the time written on your rental contract on the last day of the Rental Period. If you fail to vacate the Property by the specified time on the last day of the Rental Period, we reserve the right to charge you for an extra day (or longer where appropriate), pro-rata to the Rental Price.

7.3 Although we make every effort to accommodate late arrivals on prior request in writing, arrivals after 10pm on the Arrival Date (or 10pm on a later date if you do not arrive on the Arrival Date), including delays due to delayed or cancelled flights or ferries, will be subject to a late check-in fee.

7.4 It is your responsibility to ensure that the Property’s inventory is accurate upon your arrival and that we are notified of any discrepancies within 24 hours of arrival. Unless we have been notified, you will be deemed liable for any discrepancies found at check-out. Note that moving furniture is not allowed in any property unless agreed in writing prior or during your stay.

7.5 Unless otherwise agreed in writing, no pets are allowed in the Property.

7.6 All keys and other devices for the Property or its contents are your responsibility during the Rental Period. We reserve the right to charge you to replace such items and/or to have the locks changed at the Property in the event that they are not all returned during check out.

7.7 Our representative and/or our agents may require access to the Property during the Rental Period for any necessary repairs or maintenance. We will give you at least 24 hours’ notice, except in an emergency. In the event of live in housekeepers, these people will have the right to continue living and sleeping within the property as house managers, housekeepers and maintenance of the property.

7.8 We accept no liability for the intermittent failure of public utility supplies, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections (where available) in the Property, but we shall use our reasonable endeavours to arrange their repair. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering and / or construction works near the Property.

7.9 Where the Property is advertised as having Sky / digital television, we cannot guarantee access to as many channels as you may receive at home. Any requests for access to specific channels must be made in writing to us at least 30 days before the Rent Commencement Date. All requests are subject to availability and are not incorporated into the “Booking Reservation Step1” email.

7.10 All information contained in our welcome pack is intended to be a guide only.

 

  1. Our liability to you

8.1 We are not responsible for any death or personal injury caused by negligent acts and / or omissions of the Owner.

8.2 We do not accept liability for any unusual or unexpected circumstances beyond our control or which we could not have avoided even if we had used all possible care.

8.3 The Property may have dangers such as swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such, the Property may not be suitable for you – we do not represent that any Property is totally child friendly. All swimming pools are used at your own risk. You accept complete liability for any accidents caused by or arising out of your own negligence, misuse of the Property or failure to comply with local laws and regulations, including any caused due to alcohol and / or any drugs or medicine of any kind.

8.4 If you are injured whilst at the Property, you must report the incident to us within 24 hours of it happening, consult a local doctor and consult your insurance when you return home. If you make a claim against the property owner in relation to any injury you must provide us with details of both the local doctor you consulted and your GP together with your written authority for us to obtain a written medical report from each of them.

8.5 The Company does not act as an agent for any supplier of activities, facilities or excursions. If you use any local services your contract will be with the local supplier, therefore we will not be liable for any complaints, claims, loss or damages in relation such services.

8.6 We do not accept any liability for any loss or damage to your property or for any distress howsoever arising.

 

  1. Customer Behaviour

9.1 If in our opinion, the opinion of the Owner or the opinion of our representative, you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we have the write terminate the Contract and you will be required to vacate the Property immediately. We will have no further liability to you causing the loss of 100% of your damage deposit.

9.2 No parties or other functions, including commercial activities, may be held at the Property without our prior written consent. In the event of you holding a party this could mean a loss of your damage deposit and in addition the immediate evacuation of the property. No DJ / Mixing Equipment is allowed on the premises without prior permission of the owner.

9.3 In the event of the police coming for any noise or disturbance caused to the neighbours you will be responsible for any outcome of this event. Including a potential fine.

9.4 Each Property has a maximum number of permitted guests and unless we otherwise agree in writing you may not allow more guests to stay than the permitted maximum. We reserve the right to invoice you for any such additional persons staying at the Property.

9.5 Some owners do not allow some groups or groups made up of members under the age of 25 years to make a booking. You must inform us at the time of booking if your party falls within these categories. It is at the owner’s sole discretion to accept such bookings.

9.6 You must not act in any manner or omit to do anything that, in our reasonable opinion or that of the Owner, might invalidate any insurance cover on the Property.

9.7 If you breach any of conditions 9.2 to 9.4 (inclusive), or misrepresent the information given in relation to any of them, we reserve the right to take the following action against you:

9.8.1 denying you entry to the Property; and / or

9.8.2 retaining the full amount of your security deposit (should the security deposit prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 30 days or at such other time to allow the total cost to be determined); and / or

9.8.3 eviction from the Property.

9.9 If you are evicted from the Property in accordance with condition 9.6, the agreement will be deemed cancelled by you and condition 4.3.4 shall be deemed to apply and you will be liable to reimburse all our related expenses. You will not be entitled to receive any refund.

9.10 Subletting is illegal and will cause the loss of your full deposit as well as the evacuation of the party leader and all his/her guests immediately.

9.11 In case of any damage this will be deducted from your security deposit. You will be sent an invoice as well as photos to justify the charge within a maximum of 20 days after your departure.

9.12 The administrative charges for any damage you or any of your guests may have caused will be deducted from the security deposit and will be:

9.12.1 Up to 500€ damage admin charge of 30€ + TAX

9.12.2 Up to 500€-3.000€ damage admin charge of 50€ + TAX

9.12.3 Up to 3.000€-10.000€ damage admin charge of 80€ + TAX

9.12.4 More than 10.000€ damage admin charge of 150€ + TAX

.12.5 In the event of the security deposit not being paid we reserve the right to denying you access to the property for unfulfillment of the contract.

9.12.6 You will be refunded the security deposit 20 working days after your check out day

9.12.7 The security deposit is in no way a payment method but only a provision for any damage you may cause, and this security deposit cannot be used to pay any bill you may have incurred during your stay.

 

  1. Insurance

10.1 You must provide your own travel, medical and any other insurance you require, and all such policies must be in force for the entire Renal Period.

 

  1. Complaints

11.1 In the unlikely event that you have a complaint please promptly report it to us in writing.

11.2 All formal complaints must be made to our local representative by the Party Leader as soon as possible and in any event before the end of the Rental Period. All such complaints must also be made in full, in writing to us within 7days of the end of the Rental Period. Any complaint received after this period will only be considered by us at our sole discretion as it may prove difficult to investigate or rectify your complaint.

  1. Telephone Calls

12.1 We reserve the right to record all telephone calls to monitor customer service levels.

 

  1. Passports, visas and heath requirements

13.1 It is your responsibility to ensure that you have a valid passport and visa (if applicable).

13.2 We are not obliged to assist you if you are refused travel. Your passport and travel documents must be intact – you may not be able to travel if they are damaged or have been tampered with.

13.3 Passport, health and visa requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure.

 

  1. Data protection policy

14.1 You acknowledge and agree that your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with your travel arrangements.

 

  1. Force Majeure

15.1 We shall have no liability to you if we are prevented from, or are delayed in performing, our obligations under the Agreement or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party or agent), failure of a utility service or transport network, act of God, act of  terrorism, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.

 

  1. Waiver and severance

16.1 A waiver of any of our respective rights is only effective if it is inwriting. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise.

16.2 No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.

16.3 If a provision (or part provision) of the Agreement is found by any court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, the provision (or part provision) shall apply with the minimum modification necessary to make it legal, valid and enforceable, and the validity and enforceability of the other provisions (or part provisions) of the Contract shall not be affected.

 

  1. Assignment

17.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under the Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent.

 

  1. General

18.1 Smart Living Ibiza is the trading name of Continental Living Ibiza SL. Continental Living Ibiza SL is an independent company that works on behalf of the owner of the property. The contract is stipulated between the villa owner represented by Continental Living Ibiza and the tenant.

18.2 The Contract (Rights of Third Parties) UK Act 1999 shall not apply to the Agreement. These terms and conditions together with the Agreement contain the entire agreement between the parties and may not be varied, save as agreed in writing between the parties.

18.3 Any notice or other communication given under the Agreement by either party shall be in writing and shall be delivered either: personally; by pre-paid first-class post; recorded delivery; or by commercial courier to the other party.

18.4 Any notice or other communication given under the Agreement shall be deemed to have been duly received: if delivered personally, when left at the address for the other party; if sent by pre-paid first-class post or recorded delivery, at 11am on the second Business Day after posting; or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

18.5 The Agreement, and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the Spanish Court in Ibiza. The parties irrevocably agree that the courts of Spain in Ibiza shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Agreement or its subject matter.

18.6 The contract may be executed in counterparts, and signatures executed in counterparts shall be deemed to be the complete and original document, and shall have the full force and effect as an original. For purposes of a contract, copies of signatures shall be treated the same as originals. Additionally, contracts may be signed and delivered by means of a facsimile machine, PDF, or electronic signature, shall be treated in all manner and respects as an original. By signing the contract, either by electronic signature or hard copy, you expressly agree to all the terms and conditions laid out herewith.

 

****INFORMATION PURSUANT TO THE PROVISIONS IN THE LAW ON PROTECTION OF PERSONAL DATA. In compliance with the provisions of article 5 of the Organic Law 15/1999, of December 13, Protection of Personal Data, both parties are informed explicitly, precisely and unequivocally files inclusion in the responsibility of each one of them, as appropriate, for the purpose of development, implementation and control of the contractual relationship, and may exercise, at any time, access rights, rectification, cancellation and opposition for it to addresses for service contained in the heading of this contract, enclosing a photocopy of your ID.

Also, both parties are informed that their data will be transferred in all cases where it is necessary for the development, implementation and control of the contractual relationship or in the event that authorized a standard range of law or standard of Community law and, in particular, where for one of the following assumptions: a) Treatment or disposal aimed at satisfying a legitimate interest of the controller or the transferee covered by these rules, provided that no interest prevails or rights and freedoms of data subjects under Article 1 of the Organic Law 15/1999, of December 13 b) Treatment or disposal of the data is required for the controller to comply with a duty imposed one of these standards.

The refusal to use or transfer of the data would imply the impossibility of maintaining and enforcing the contractual relationship.

In order to comply with the provisions of Article 4.3 of the Organic Law15/1999, of 13 December, both parties agree to communicate the changes that occur in your data, so that they respond truthfully to your situation current at all times.

Smart Yachting Ibiza
Smart Yachting Ibiza
Smart Yachting Ibiza
Smart Yachting Ibiza
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