Allgemeinen Geschäftsbedingungen

General terms and conditions

Article 1: Definitions

In these conditions the following definitions shall apply:

1. the property: a property that is rented out for recreational purposes. This can be, for example, a vacation home, a cottage or another type of accommodation that is rented out to guests for temporary stay and recreational use.
2. a contract: binding agreement between a tenant and the owner of a property, in which the tenant is granted the right to use the property for recreational purposes for a specified period of time in exchange for an agreed-upon rent.
3.  the owner: the company, institution or person who makes the place available to the recreationist;
4. the tenant: the person who enters into the agreement with the entrepreneur concerning the place;
5. the (travelling) group: the person(s) also indicated in the agreement;
6.  third party: any other person, not being the holiday maker and/or his fellow holiday maker(s);
7. agreed price: the remuneration that is paid for the use of the tourist site; herewith it must be indicated by means of a price list what is not included in the price;
8. information: written or electronic information about the use of the rented place and the camping means, the facilities and the rules concerning the stay;
9. cancellation: the written termination of the agreement by the holiday maker before the commencement date of the stay.
10. dispute: when a complaint submitted to the entrepreneur by the holiday maker has not been resolved to the satisfaction of the parties.
11. house rules: guidelines and regulations established by the owner of the accommodation, with the aim of promoting a safe, comfortable and pleasant stay for guests. These rules include standards of conduct, noise pollution, smoking, pets, maximum occupancy, use of facilities, waste management and check-in and check-out times. Guests must abide by these rules during their stay.
12. pool rules: guidelines and regulations established by the property owner with the purpose of promoting a safe environment during swimming for guests. These rules include standards of conduct, noise, safety, alcohol, liability and use of facilities. Guests must abide by these rules in the private and/or shared pool and/or jacuzzi.

Article 2: Content of the agreement

1. For recreational purposes, i.e. not for permanent occupation, the owner shall make available to the tenant the agreed place for the agreed period; the latter thereby acquires the right to place thereon a property of the agreed type and for the persons indicated.
2. The owner is obliged to provide the tenant in advance with the written information on the basis of which the contract is also concluded. The owner shall always disclose changes therein to the tenant in a timely manner in writing.
3. If the information differs significantly from the information, as provided at the time of entering into the agreement, the renter has the right to cancel the agreement without cost.
4. The lessee is obliged to comply with the agreement and the rules in the accompanying information. He shall ensure that fellow travel group and/or third party(ies) visiting him and/or staying with him comply with the agreement and the rules in the accompanying information.
5. If the provisions of the agreement and/or the accompanying information conflict with the General Conditions of Kuma Luxury Holiday Spaces SL, the Kuma Luxury Holiday Spaces SL General Conditions apply. This is without prejudice to the fact that the tenant and the owner can make individual additional agreements, deviating from these conditions for the benefit of the tenant.
6. The owner assumes, that the renter with the consent of his further travel group, if any, enters into this agreement.
7. When making a reservation, the first named person on the reservation information on behalf of all persons within the reservation group agrees that:
8. A contract between you and the property owner is formed when payment is received and will be considered acceptance of these Terms and Conditions. The contract binds you and all members of your group and it is your responsibility to ensure that all members of your group accept the prescribed terms and conditions. Failure to disclose all relevant information or to comply with these terms and conditions may result in termination of the contract and loss of the reservation.

Article 3: Duration and expiration of the agreement.

The agreement expires by operation of law after the expiration of the agreed period, without notice being required.

Article 4: Price and price change

1. The price is agreed on the basis of the current rates, which are determined by the entrepreneur.
2.  If, after the price has been determined, additional costs arise as a result of an increase in charges and levies directly related to the place, the premises or the tenant, these may be passed on to the tenant, even after the conclusion of the agreement.

Article 5: Payment.

1. The lessee must make payments in euros, unless otherwise agreed, in compliance with the agreed deadlines.
2. 
   
   1. If a booking is made more than 30 days before the arrival date and the tenant, despite prior written reminder, does not fulfill or does not properly fulfill his payment obligation within a period of two weeks after the written reminder, the owner is entitled to terminate the contract with immediate effect, without prejudice to the owner's right to full payment of the agreed price;
   2. If a booking is made 30 days or less before the arrival date and the Tenant has not fulfilled his payment obligation in time or properly, the contract shall be terminated by operation of law, in which case the Tenant shall be liable to pay compensation to the Owner in accordance with Article 6 paragraph 1. The owner must inform the renter in advance of the consequences of late payment.
3. If the owner is not in possession of the total amount due on the day of arrival, he is entitled to deny the hirer access to the premises, without prejudice to the entrepreneur's right to full payment of the agreed price.
4. The extrajudicial costs reasonably incurred by the entrepreneur, after notice of default, shall be borne by the hirer. If the total amount is not paid on time, after written summons, the statutory interest rate will be charged on the outstanding amount.

Article 6: Cancellation

1. In case of cancellation, the tenant shall pay a compensation to the owner. This amounts to:
   1. in case of cancellation 30 days or more before the start date, 0% of the agreed price only the administration fee of 25 euros;
   2. for cancellation within 30 days before the start date, 100% of the agreed price.
2. The fee will be refunded proportionally, after deduction of administration costs, if the place is reserved by a third party on the tenant's recommendation and with the written consent of the owner for the same period or part thereof.

Article 7: Use by third parties

1. Use by third parties of the premises and/or the adjoining place is only permitted if the owner has given written permission.
2. The permission given may be subject to conditions, which in that case must be laid down in advance in writing.

Article 8: Premature departure of the tenant

The hirer will owe the full price for the agreed upon tariff period.

Article 9: Premature termination by the owner and eviction in the event of an attributable shortcoming and/or a wrongful act

1. The proprietor may terminate the agreement with immediate effect:
   1. If, despite prior (written) warning, the tenant, fellow travel group and/or third party/third parties do not comply or do not comply properly with the obligations under the agreement, the rules in the accompanying information and/or government regulations to such an extent that by the standards of reasonableness and fairness the owner cannot be required to continue the agreement;
   2. If the tenant, despite prior written warning, causes nuisance to the owner and/or fellow travel group, or spoils the good atmosphere on or in the immediate vicinity of the property;
   3. If, despite prior written warning, the tenant's use of the premises violates the purpose of the premises;
   4.  If the tenant's premises do not meet generally recognized safety standards.
2. If the owner wishes interim termination and eviction, he must notify the tenant by personally delivered letter. The written warning may be omitted in urgent cases.
3. After giving notice, the tenant must ensure that his premises are vacated and the premises left as soon as possible, but no later than 4 hours.
4. If the tenant fails to vacate the premises, the owner is entitled to vacate the place in accordance with Article 10 Section 2.
5. In principle, the tenant remains liable to pay the agreed rate.

Article 10: Eviction

1. If the agreement has been terminated, the tenant must, no later than the last day of the agreed period between 8:00 a.m. and 10:00 a.m., leave the premises empty and completely cleared.
2. If the tenant fails to remove himself, the owner shall be entitled, immediately, to vacate the premises at the tenant's expense, without prejudice to the provisions of Article 9 paragraphs 2 and 3. Any other costs, to the extent reasonable, shall be borne by the tenant.

Article 11: Laws and regulations

1. SEF reporting - By law, we must report all non-locals staying in Spanish rental properties to SEF (Serviço de Estrangeiros e Fronteiras). It is therefore essential that we have all passport data. We will ask for these details at the time of booking in order to complete the reservation. If guests' passports are not available because they are being renewed, please be aware that they are required and must be provided as soon as possible and certainly no later than your arrival at the accommodation.
2. The booking conditions, contract, general conditions and any agreement to which they apply are governed in all respects by Spanish law. We agree that any dispute, claim or other matter arising between us out of or in connection with your contract or reservation will be dealt with by binding arbitration under Spanish law.
3.  You consent to our use of your information in accordance with our privacy policy and in compliance with local law.

Article 12: House rules

1. The entrepreneur is obliged to keep the premises and central facilities in a good state of repair.
2. House rules:
   • Check-out time is from 08:00 to 10:00, and check-in can be from 16:00 to 22:00. Please let us know your check-in and check-out time.
   • Smoking is strictly prohibited in the apartment. If guests wish to smoke, they must do so outside and ensure that cigarette butts are properly extinguished and disposed of.
   • Pets are not allowed in the apartment/villa unless otherwise agreed upon.
   • Please respect the privacy and quiet of other guests and neighbors. Keep noise levels low, especially during late evening and night hours.
   • Organizing parties, events or gatherings in the apartment is not allowed.
   • The maximum number of guests allowed is agreed upon when booking. It is not allowed to accommodate additional guests without prior permission and it is forbidden to sublet the apartment, the main booker is as specified during booking.
   • The minimum age of at least one guest must be 25.
   • We ask guests to keep the apartment clean and tidy during their stay. Garbage must be disposed of in the designated trash bins.
   • Guests are responsible for any damage to the apartment or its property, this will be deducted from the security deposit. Report any damage or loss to the landlord immediately.
   • Guests must keep the keys provided safe and must not give them to third parties. Lost or damaged keys may incur charges.
   • Make sure apartment doors and windows are securely locked upon departure.
   • Do not move furniture from its original place.
   • Keep cushions of outdoor furniture inside when leaving/at night.
   • Guests must comply with all applicable laws and regulations during their stay in the apartment.
   • The landlord is not responsible for accidents, injuries, illnesses or loss of personal belongings of guests. Use of facilities and amenities is at your own risk.
   • Treat the apartment and belongings with respect. Use all equipment, furniture and facilities as intended.
   • Please use only the linens with which the beds were made upon arrival. Failure to do so may result in a cleaning charge for pillows, comforters and mattresses.
   • We kindly ask you not to dispose of items or substances in the toilets that do not belong there. This includes diapers, sanitary napkins, even mini, or tampons, as well as grease and food. Thank you for your cooperation and understanding.
   • A first aid kit is provided in the home and instructions for use of appliances are provided in the home.
   • If there is a barbecue present, please the barbecue cleaned, disconnected (if gas BBQ and with the cover).
   • Wireless internet is available in the house. The use of the Internet during the rental period is entirely the responsibility of the tenant. Please note that all internet traffic is recorded at our IP address, and illegal downloads are strictly prohibited.
3. Pool rules (if a shared and/or private pool and/or jacuzzi is made available to tenant
   • Use at your own risk: Use of the pool is at your own risk. The vacation rental company and the property owner are not responsible for any injuries, accidents or loss of personal property while using the pool.
   • Supervision for children: Children must always be supervised by an adult when around the pool. The pool may not have a fence, so parents and responsible adults must be vigilant.
   • No diving: Diving is not permitted in the pool unless otherwise indicated. The pool may be shallow, and diving may cause serious injury.
   • No glassware: Glass objects, such as glass bottles or glass cups, are not allowed near the pool. Use only plastic or other unbreakable tableware.
   • No Smoking: Smoking is not allowed around the pool or near the water. This is for safety reasons and to keep the pool water clean.
   • No Pets: Pets are not allowed in the pool or surrounding area to ensure hygiene and safety.
   • No excessive noise: Keep the noise level at the pool low to respect the privacy and comfort of other guests or neighbors.
   • No use outside opening hours: The pool may have limited opening hours. Please adhere to the specified times and do not use the pool outside of these hours.
   • Swimwear Required: Proper swimwear is required when entering the pool. No clothing or shoes are allowed in the water.
   • No Swimming After Alcohol Consumption: Swimming after consuming alcohol or narcotics is not permitted as it may affect safety.
4. Guests must adhere to all rules in Article 12 at all times. Violation may result in expulsion. Any costs related to the violation will be borne by the lessee.

Article 13: Liability.

1. The owner's legal liability is limited to a maximum of the amount of the owner's insurance payment (if no payment is received, it is limited to 0 euros).
2. The owner shall not be liable for any accident, theft or damage on its premises unless it is the result of a failure attributable to the owner.
3. The owner is not liable for the consequences of extreme weather or other forms of force majeure.
4.  The owner shall be liable for failures in its portion of utilities unless it can claim force majeure.
5. The renter shall be liable to the owner for damage caused by the acts or omissions of himself, the fellow travel group and/or third party or parties, insofar as such damage is attributable to the renter, the fellow travel group and/or third party or parties.
6. The owner undertakes to take appropriate measures after notification by the tenant of nuisance caused by other tenants or third parties.

Article 14: Dispute settlement

1. All disputes relating to the contract shall be governed by Spanish law.
2. In the event of a dispute regarding the establishment or execution of this agreement, the dispute must be brought in writing no later than 12 months from the date on which the tenant filed the complaint with the owner.
3. A fee is payable for the handling of a dispute.

Article 15: Privacy Policy: Intellectual Property Rights.

The contents of the website, including but not limited to images, text, software, photographs, sound, music, videos, interactive resources and the like ("Content"), trademarks and logos ("Brand Names"), or any other industrial or intellectual property rights contained herein, are the property of Kuma Holiday Spaces and their use by unauthorized third parties is expressly prohibited. Website content is provided for informational and personal use only and may not be used, copied, reproduced, distributed, transmitted, disclosed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of the owners. Users declare that they must cite the source and copyright and may not modify anything on this website for personal and non-commercial use, and may not remove any indication of ownership. Nothing on this website should be construed as granting users any form of license or other use authorization.

The website may contain images or other material whose copyright belongs to third parties, such as suppliers or other entities that contribute to its creation or maintenance (such as image bank photos).

Content and warranties.

Users of the website agree that their use of the website is at their own risk. 

Article 16: Changes.

Amendments to the Kuma Luxury Holiday Spaces SL terms and conditions can only be made according to Spanish law.

When making a reservation, the first named person on the reservation information and/or contract on behalf of all persons within the reservation group agrees to strictly follow and comply with all of the above terms and conditions, house rules and pool rules.