Introduction
This contractual document will govern the General Conditions for contracting products or services (hereinafter, «Conditions») through the website www.canpepdesaguaita.com, owned by CAN PEP DE SA GUAITA, S. L., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
- These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the products or services contracted by the USER, CAN PEP DE SA GUAITA, S. L. whose registered address is at Sant Joan de Labritja, 07810 Ibiza (Illes Balears), TIN B16528283 and telephone number for customer/USER service +34 649 75 97 91.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.
Contracting procedure
The USER (LESSEE), in order to access the products services offered by the PROVIDER (LESSOR), must be an adult and get in touch through the contact form with the PROVIDER in order to discuss all the details. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR),on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.
If the USER interested in the product decides to create a reservation, the USER will use a contact form on the website to check the free dates for the property rental. Afterwards, the USER will receive the contract from the PROVIDER. The agreement specifies the individual security clauses for the protection of the rights of both parties:
- Reservation procedure.
- General terms of rental.
- Complaints.
- Force majeure.
- Assumption of risk.
- General information of the offer.
- Payment policy.
- Deposit.
- Guarantees and refunds.
- Applicable law and jurisdiction.
I. RESERVATION procedure
The LESSOR will notify the Renters by email, when their reservation is accepted. The LESSOR reserves the right to refuse service to anyone that is renting the villa for inappropriate use or perceived inappropriate use. The LEASEE has to provide the LESSOR with personal details of all the persons being accommodated in the property : name, surname, identity card or passport number, date and place of birth, nationality. The entire property (including the guest’s house) or only the main villa can be rented to the Renter. If the Renter will use the guest’s house, the additional ANNEX will be signed to the contract.
II. general terms of rental
– CHECK-IN & CHECK-OUT: Please take note that check-in time is from 16:00 o’clock and check-out time is till 10:00 o’clock.
– MAXIMUM OCCUPANCY: is 16 adults (2 cots for children under two years old can be provided free of charge on request).
– SMOKING: The LESSOR offers a NON SMOKING vacation rental inside the villa. Damage to furniture caused by evidence of smoking will incur the proper replacement cost of the damaged item.
– PURPOSE OF RENTAL: The property can be only used as holiday accommodation during the term of the contract. The LESSEE can not use the property as a permanent domicile.
– USE OF SECURITY CAMERAS: There are cameras inside the house, which will turn on the video production in the case of an emergency situation. Otherwise, the indoor cameras serve only for security reasons.
– PARKING: Outdoor parking is limited to 4 vehicles. Vehicles are to be parked in the entrance of the villa.
– WASTE: Do not take out waste or garbage from the villa to avoid attracting wasps, flies, ants, etc. There is a rubbish container in the parking zone, which it is advisable to empty into the larger container situated a few metres from the villa on a daily basis.
– APPLIANCES: Electronic devices (wireless loudspeakers, etc.) may not be taken out of the house.
– POOL: It is obligatory to close the pool umbrellas after their daily use to avoid damage.
– ANIMALS: Feeding the horse or other animals is forbidden, except while being supervised by the property owner. It is not allowed to come close to the horse, as it can be dangerous.
– PETS: No pets are allowed on the property without the consent of the owner.
– The LESSEE can not wholly or partially assign or sublet the object of this Rental Contract to the third parties.
– KEYS: In case of loss of the keys, their compensation will be withdrawn from the security deposit paid by LESSEE at the arrival.
– BARBEQUE: Barbeque can be used only with embers/coal. Wood may not be burned in the barbeque place for security reasons.
– SECURITY: Annoying, insalubrious, harmful, dangerous, or illegal activities are prohibited on the property. Flammable, explosive, or corrosive materials may not be stored, nor traded through the property.
– NIGHT REST: It is forbidden to play loud music outside after midnight.
– PARTY EVENTS: Parties, reunions, or other events over 16 persons are prohibited in the property.
– ISSUES: The LESSEE shall immediately notify the LESSOR through the channels provided for this purpose in the case of any incident or failure on the property or its appliances.
– ENERGY: The property is provided with the legally acquired energy certification, specifically the class F.
In the case of violation of the Lessee’s obligations, the Contract shall be terminated, and the LESSEE will have to leave the property within 24 hours of LESSOR’s notification.
III. complaints
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: CAN PEP DE SA GUAITA, S.L., Sant Joan de Labritja, 07810 Ibiza (Illes Balears)
Telephone: +34 649 75 97 91
Mail: canpepdesaguaita.gerencia@gmail.com
ONLINE DISPUTE RESOLUTION (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
IV. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
V. ASSUMPTION OF RISK
No lifeguard is on duty at the pool. Accordingly, persons using the pool do so at their own risk and the owner assumes no responsibility for accident or injury. Children should not swim unsupervised. Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters’ negligent acts or omissions. See disclaimer below. Guests acknowledge that they should always supervise their children and act responsibly. These risks are not limited to, but include the elevated driveway, the pool area, wet surfaces, balconies/stairs/roof deck/elevated patios, and cleaning supplies used during house-keeping. As a convenience, and without the assumption of risk or liability, owners/staff may make recommendations of service providers based on the owner’s/staff’s prior knowledge or positive referrals from prior guests. Any equipment supplied or rented at the villa (either owned by the villa or a service provider) should be inspected by a responsible adult renting the villa before using as well as an instructor level service provider. The renters assume all responsibility and risk for the usage of these products including the guests of renters. This equipment may include pool or sea flotation devices, scuba equipment, snorkel equipment, and other similar equipment.
VI. GENERAL INFORMATION OF THE OFFER
Owner has, to the best of its ability, given an accurate description of the property and its condition. The property is in the perfect condition of conservation and maintenance, including all the furnishings, appliances, amenities and accessories mentioned in the Annex to this Rental Contract. At the arrival, the LESSOR shall provide the LESSEE with an arrival form to check the condition of the property, defects or damages of the villa, and deliver the signed form within 24 hours to the LESSOR. If the form is not delivered within 24 hours, it shall be understood that the property is in the perfect condition at the arrival date.
Due to the nature of the property, surfaces and stairs that have earth or water can become slippery, especially after sudden rain showers. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Under no circumstances can any furnishing or linen be taken outside onto the terraces, garden, swimming pool area with the exception of those items specifically mentioned: outdoor chairs and table, pool beds and pool tables. Drilling holes into the walls, painting, placing stickers, and moving the furniture are strictly prohibited. All furniture must be returned to its original location on LESSEE’s departure.
The LESSOR or authorised representative of the same shall have free access to the property and fields to complete maintenance tasks or any other issues related to the property. The LESSOR must enter the property through the service entrance in order to feed a horse and two dogs located in the property’s garden fields. To do so, the LESSOR shall inform the LESSEE at least 1 HOUR prior to the arrival by phone call or text message (WhatsApp).
VII. PAYMENT POLICY
All rental payments are due and payable according to the payment schedule by bank transfer. An Invoice with the reserved rental dates and a rate structure will be emailed to you after the transaction. In order to book and hold your reservation, the LESSOR must receive the first payment, 50 % deposit of the total rental amount by the bank transfer to the official bank account of CAN PEP DE SA GUAITA, S. L. and the signed rental contract (digital signature accepted). The remaining 50 % of the total rental amount is due and payable at the arrival date also with a 5.000 euro security deposit in the form of a bank transfer. The second payment may be adjusted if additional services are selected. All payments must be made in EURO. All payments must be completed by the same person, who signed the Rental Contract.
VIII. DEPOSIT
A 5.000 euro security deposit is due and payable at the arrival date in the form of a bank transfer. The deposit will be refunded by the LESSOR within 72 hours after the check-out, if the property, including its furnishings, accessories and appliances, is in the same condition as it was at the arrival day. To deliver the deposit, the LESSEE must provide the LESSOR with its own bank account. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items reasonably attributable to the LESSOR and not returned after notification. The LESSEE will be completely responsible for any and all damage to the property caused by Renters, whether accidental or due to Renters negligence. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the LESSOR of any missing items. The LESSOR will notify guests in the case that items were inadvertently taken, and provide guests the opportunity to return the missing items or replace the financial value of these items. The replacement and/or repair costs will be covered from the security deposit paid by the LESSEE in the case of loss, damage, or breakage of furniture, appliances, or other facilities. Drilling holes into the walls, painting, placing stickers, and moving the furniture are strictly prohibited. It is obligatory to sign the photo report that will be done at the check-out time.
IX. GUARANTEES AND REFUNDS
The guarantee of the property offered responds to the following articles based on the Spanish Law 08/2012 of 19 July on the tourism in the Balearic islands and also on the Spanish Law 06/2017 of 31 July, which amends the Spanish Law 08/2012 of 19 July on the relation to marketing and promotion of the holiday rental properties. Moreover, the guarantee of the property is based on the Spanish Decree Law 3/2017 of 4 August on the amendments to the Spanish Law 8/2012 of July 19 on the tourism in the Balearic Islands and measures to address the emergency situations in accommodation-related affairs placed in the Balearic Islands:
a) COMPLIANCE OF THE property WITH THE CONTRACT
Unless there is proof to the contrary, property shall be deemed to conform with the contract provided, that the property fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
- The property match the description given by CAN PEP DE SA GUAITA, S. L.
- The property is fit for the holiday rental purposes for which similar services are ordinarily intended.
- The property is fit for any special personalised use required by the customer, when the USER have informed CAN PEP DE SA GUAITA, S. L. at the time, when the contract is executed, provided that the PROVIDER has accepted that the property is fit for such use.
- The property demonstrates the usual quality and performance of similar products, which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the services’ specific features made by CAN PEP DE SA GUAITA, S. L.
- CAN PEP DE SA GUAITA, S. L. describes the details, features and photographs of the property and possible services provided by the PROVIDER, so that it is not bound by these public statements.
- Upon arrival, the PROVIDER shall provide the USER with the REPORTING FORM to fill in within 24 hours about the defects or damages of the property. In the case of failure by the USER to fill in, sign and return this document, it shall be understood that the property is in perfect condition after arrival.
b) LIABILITY OF THE PROVIDER AND RIGHTS OF THE USER
- CAN PEP DE SA GUAITA, S.L. shall be liable to the USER for any non-conformity that exists when the rental service is delivered. CAN PEP DE SA GUAITA, S.L. grants the USER the right to get all mentioned services fully functional during whole stay or to provide immediate maintenance or substitution in the case of unpredictable technical or other problems.
- In accordance with Article 6 of the Civil Code, any prior waiver of the rights of the USER or acts carried out in fraud will be null and void.
C) CANCELLATION OR EARLY DEPARTURES
There are no refunds for cancellation or early departures except as provided herein. If a Guest requests a cancellation 2 MONTHS or more before check‐in, the LESSEE will provide 100 % refund.
If the reservation was confirmed at least 6 MONTHS before the check-in date and the cancellation occurs within 10 calendar DAYS subsequent to confirmation of the booking, the LESSOR shall reimburse the payments completed by THE LESSEE with a penalty of five percent (5%) for the loss caused.
If the booking was made between 6 MONTHS and 2 MONTHS prior to the check-in date and the cancellation occurs within the following 10 calendar DAYS after completion of the reservation, the LESSOR shall refund 100 % of the booking deposit to the LESSEE.
We encourage Renters to acquire Travel Insurance to protect their investment in the case that they must cancel for an unexpected emergency situation or other reason.
X. Applicable law and jurisdiction
In the event of discrepancies in the interpretation of this Vacation Rental Contract, the both Parties, expressly waiving any other jurisdiction to which they may otherwise be entitled, and agree to be governed by the Law Courts of Ibiza and higher instances of the same.
In witness of the above, both Parties affix their signatures on two identical duplicates of the Vacation Rental Contract, have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein.