GENERAL TERMS & CONDITIONS
These terms and conditions apply for rental of the property Finca Álamo. The purpose is to bring clarity in contractual relations so that we can serve our customers in the best possible way.
Identity of the Landlord
The owner of the property is the Spanish company FINCA ÁLAMO DE CASARES S.L., with registered office in Ctra. Casares, km. 7, 29690 – Casares (Málaga, Spain), with N.I.F. (tax code): B93077576 and with the Tourism registration number VFT/MA/26913.
MS CATHERINE DEL ROCIO MORALES BARRIGA, acts on behalf of the company FINCA ÁLAMO DE CASARES S.L., by virtue of the power granted before the notary Mr Gregorio I. Martín Mayoral.
Validity
The following conditions apply to the extent that no other written agreement has been reached between the TENANT and the OWNER.
Cancellation
All cancellations must be made in writing. Conditions do not change even if the size of the event changes. The following cancellation deadlines apply:
Up to 90 days prior to arrival – 40 % of the agreed total rental price must be paid. Up to 60 days prior to arrival – 60 % of the agreed total rental price must be paid.
Less than 60 days prior to arrival - 100 % of the agreed total rental price must be paid.
Details of the event
At least 14 days prior to the event, we must have received from the client all the details that are important for the successful completion of the event.
Room allocation
Arrival and departure time must be stated in advance. The rooms can be expected to be put in to use after 15:00 hrs. on arrival day; if the tenant expects to arrive later than 18:00 hrs. they must communicate it in time. Guests must have checked out by 12.00 departure day unless otherwise agreed. To the tenant will be charged for an extra day if the deadlines are not met.
Special conditions
Placement of gifts, use of special equipment, layout of decorations and posters, hoisting of flags/pennants, signage etc. must be agreed and approved in advance. The TENANT must ensure that the sound level is kept to an acceptable and agreed level, and that the guests adhere to the agreed times when it comes to discontinuing meetings, dining, music and dance.
Prices and method of payment
Actual Price List:
Agreed prices are binding for both parties. The hotel reserves the right to adjust (increase) the prices, even after having accepted the initial price of this contract, due to the increase in taxes, supplier fees, or other matters beyond the hotel's control.
There is a security deposit to be paid before the guest's arrival, stipulated at EUR 2,500 for the rental period, which will be returned after getting back the keys and verifying that there are no damages to be compensated to the property and its contents; if that is the case, the deposit will be returned after a period of 1 to 3 weeks for administrative and banking procedures; but if there is damage to be fixed or corrected, the remaining balance (if any) will be returned once all damages and defects caused have been corrected and fixed and the time will depend on said damages. If some element has to be repair or substitute, the owner will no be liable for the lapse of time for the complete repair or delay in installing. If the return of the remaining balance of the guarantee deposit generates any bank commission or administrative expenses, these will be assumed by the tenant, as well as administrative expenses of 65 EUR plus VAT as required by the procedures to fix said damages.
The deposit or the remaining balance will not be transferred till receiving the account ownership certificate.
To comply with Anti-Laundering and Financial of Terrorism Act the payments must be done by money transfer into the OWNER’s bank account.
The charging of any electric car or any device not from the house or with high electrical consumption is not allowed without express consent and prior written payment agreement; failure to do so the owner will invoice what he considers has been used during the stay.
Extra expenses or services generated during the stay will be invoiced at the end of the stay and these must be canceled once the invoice is received within a maximum period of 5 business days. If this is not the case, legal interest will accrue on the money increased by 3 points.
Changes in contractual conditions
It is incumbent upon the landlord and the tenant, as soon as possible, to take up matters that are of significance to the contract, the conditions and the settlement of the lease. Any special agreements and changes of significance to the event must be made in writing.
Maintenance
It is expected that major systems in and around the facility will break down from time to time such as air conditioning, washer, dryer, refrigerator, etc. OWNER will attempt to repair the problem as soon as possible upon notice by the TENANT. OWNER assumes no liability to TENANT if such should occur as all products have a useful life and break down occasionally.
Guests / Parties / Noise
The TENANT must supervise their guest(s) while on the premises. Noise in the facility must be kept a reasonable level as not to cause a disturbance to the neighbors or general public. In no event may the maximum occupancy (as listed on this agreement) be exceeded without written consent.The TENANT is not allowed to fly any kind of drone and this contract can not be used as authorization for that. As information purposes, please be aware that flying a drone in Spain is subject to administrative authorizations and licenses applicable in advance.Recording videos or taking photos with commercial purposes or for its diffusion trough social medias or any other platforms (physical or digital) that allows to provide contents for third parties is completely banned. Any breaching of this provision can be considered as offense.
Hold Harmless and indemnity
Owner of rental property shall not be liable for any damages and/or injury to TENANT and/or their guest(s), or their personal property due to TENANT’S acts, actions or neglect. TENANT agrees to hold OWNER harmless against any claim for damage and/or injury due to TENANT’S act or neglect or their guests act or neglect.In case of leaved the Finca with extreme dirt, breakages or damage to the property, likewise, the misuse of the facilities and their content; will be economically compensated and the compensation will depend on the damage caused, which will be deducted from the bond; if this is the case and the damage to the property or our material exceeds the total amount of the deposit, we will proceed to request full compensation for the repair of the damage caused.In case of the public authorities or the police put a penalty or a sanction for any reason related to the TENANT, the TENANT shall pay it directly. This provision will be applicable despite the fact that the OWNER receives the notice of that. Therefore, the TENANT carry out the payment of the penalty or sanction within the mandatory term.The OWNER is entitled to identify the individuals liable for the breach of the law before the public bodies.
Keys
Access to the property is provided by key. TENANT agrees to return the set of keys after departure. All sets of keys delivered must be returned to the person in charge of checking out. Failure to return the set of keys after departure will result in a € 10 per key replacement and for replacement of the remote control of the main gate € 45 will be deducted, fee deducted from the security deposit for each key needing replacement.In case of the TENANT does not return the keys at the end of this contract (the hour of check out on the departure date), this party must pay a penalty to the OWNER of the daily rental price for each day of delay in returning the keys.
Weather / Acts of Nature
OWNER is not responsible for any weather conditions or acts of nature that happen during TENANT’S stay on premises and no refunds will be made.
Safety
TENANT acknowledges and agree that they are responsible for the safety of themselves, their guests and their children with respect to the pool, the deck areas, and the premises. TENANT acknowledges and agrees to hold harmless from any injuries to them or their guests. It is understood that there is no lifeguard and that supervision is renters responsibility.
Data Protection
The OWNER shall treat all personal data and information provided by the TENANT as confidential, undertaking not to apply or use the same for purposes other than the provision of services covered by this contract, and respecting at all times the provisions of the Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, as well as that set out in Royal Decree 1720/2007 or the legislation in force at any given time.
Assignment
This Agreement shall not be assigned by the TENANT without the prior written consent of the non-assigning party.
Laws
The Laws of Spain shall apply to all terms under this Agreement.
Certification
I or we, the TENANT(s), hereby certify and consent that I/we have read the entire agreement and conditions and agree to the terms and will comply with them during the course of this rental period.
