1. Terms of the Agreement

   1. These terms apply when the Landlord or owner of a property, or the Landlord’s or owner’s authorized manager or agent, offers to rent the property to a Tenant. Under this Agreement, the renter or Tenant agrees to rent the holiday property from the Landlord or owner and the Landlord or owner agrees to rent the holiday property to the renter or Tenant on the terms of this agreement (the "Agreement").

   2. Any money received by The Landlord for occupancy of the holiday property indicates the acceptance of the terms and conditions of this Agreement.

   3. It is the responsibility of the renters or Tenants to be familiar and make joining travelling guests or visitors familiar with all policies within this agreement. This occupancy will be in the form of a vacation rental only and not constitute a permanent or primary residence or other tenancy.

   4. Combined and Several:  If more than one individual, firm or corporation shall join as guest, the covenants of guest shall be the shared and several obligations of each party joining as guest. When the parties joining as guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.

   5. Terminology:  As used herein, the singular shall include the plural and the plural the singular, the masculine shall include the feminine and the feminine shall include the masculine.  The terms guest(s), Tenant(s) and resident(s) are interchangeable.  

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2. The Counterparties

This agreement made on (date) between

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1. The Tenant

First Name / Surname(s):             ­­­­­­­­­__________________________________

Date of Birth:           _____/_____/_____

Birth City and Country:                 ­­­­­­­­­­­­­__________________________________

Address:                                    ­­­­­­­­­­­­­__________________________________

Passport/I.D. Number:                  ____________________________                              

(attach a copy of this document)

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Passport Expiry:       _____/_____/_____           

(make sure the expiry date is a minimum 6 months from Check-Out date)

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Passport/I.D. Issuing Country:       ­­­­­­­­­­­­­__________________________________

Nationality:                                ­­­­­­­­­­­­­__________________________________

Mobile Phone Number:                  ­­­­­­­­­­­­­__________________________________

Email Address:                            ­­­­­­­­­­­­­__________________________________

hereinafter referred to as “Tenant”,

Person to contact during the Tenant’s stay in case of emergency:

Name: _______________________­­­­­­­­___________

Relationship:                               ­­­__________________________________

Phone: (+_­­­­­­­­­­­­­___) __________________________

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2.2      The Landlord/Owner

Name:          Daniel Rodriguez Merino

Address:       Carretera de Rubite S/N, Buzon 14, 29719 Trapiche (Malaga), Spain

Phone Number: +34695106697 (24-hour emergency)

hereinafter referred to as “The Landlord”.

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3. The Holiday Property and Location

Name:          Hacienda Sol

Address:       Carretera de Rubite S/N, Buzon 14, 29719 Trapiche (Malaga), Spain

The Tenant is renting 5 accommodations under the present single and unified agreement and title. The accommodations, with outside garden areas, pool, jacuzzi and terraces, are divided as follows:

• Studio ‘Torre’ – open plan bedroom / kitchen / living area plus one bathroom. Maximum Capacity: 2 people.

• Studio ‘Rubite’ - open plan bedroom / kitchen / living area plus one bathroom. Maximum Capacity: 2 people.

• Studio ‘Velez’ - open plan bedroom / kitchen / living area plus one bathroom. Maximum Capacity: 2 people.

• Apartment ‘Vinuela’ – 2 bedrooms, open plan kitchen / living area plus one bathroom. Maximum Capacity: 4 people.

• Villa ‘Málaga’- 2 bedrooms, open plan kitchen / living area (including one sofa-bed) plus one bathroom. Maximum Capacity: 8 people.

hereinafter referred to as “Holiday Property”.

The Tenant or the Tenant’s guests and visitors use the Holiday Property or any additional provided facilities or amenities at their sole risk.

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1. 4. Rental Period and Check-In / Check-Out

   1. Rental Period

begins at       17:00 h on the ____ day of____________, 20____ (the “Check-In Date”) and

ends at         10:00 h on the ____ day of ____________, 20____ (the “Check-Out Date”).
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1. Standard Check-In/Check-Out Times:  Check-In time is after 17:00 h.  Check-Out time is by 10:00 h.  Early Check-In and Late Check-Out up to 3 hours options are available for a fee of EUR50 each. Please contact us if you wish to reserve, as available.

2. The Landlord must be provided with at least 48 hours’ notice of the requested arrival time of the Tenant so the Landlord may make arrangements in respect of the personal Check-In procedure and desired bed distribution for the Holiday Property.

3. Penalty for unapproved early Check-In or late Check-Out: In the event of an early arrival or late departure not previously approved in writing by the Landlord, the Tenant will be charged an additional night’s rent. Should the Tenant or any of their travelling companions be unable to check-out on the agreed Check-Out date or time, the Tenant is responsible for promptly informing the Landlord well in advance. It is under the Landlord’s sole discretion for accepting or refusing a new Check-Out time or date. A new Check-Out date or time must not exceed 24 hours of the previous agreed Check-Out date or time and must be reviewed daily by both parties. Should the Landlord accept a new Check-Out date and time the Tenant is liable for continuous daily rental payments in cash plus any charges or fees as requested by the Landlord i.e., compensation payments for upcoming rentals. If a new Check-Out date or time has not been agreed by both parties, it is the Tenant and his/her staying guests’ obligation to vacate the premises on the Landlords’ request. The Holiday Property must be left in a good and orderly state. The Tenant must pay all amounts due before checking out.

4. The Landlord and the Tenant agree that the total rental period, including any approved or non-authorized rental extensions by the Landlord, shall not exceed 14 days.

5. This agreement is not subject to any residential tenancies’ acts.

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1. 5. Guest Occupation of the Holiday Property

   1. Guests: Total people in renting party including the Tenant consists of:

______ Adults (14 years and older)

______ Children (2 years and older)

______ Infants (under 2 years old)

1. The Tenant must supervise and is responsible for their guests and any visitors while on the Holiday Property.

2. Maximum Occupancy: The Landlord strictly limits access to the Holiday Property to those listed on this rental agreement. The number of guests must be pre-approved in writing by the Landlord. Maximum occupancy for this property shall not exceed eighteen (18) persons at any time, including children or visitors. If the Tenant checks-in extra guests without prior approval, admission will be refused or terminated and the Tenant may be asked to vacate the rental property and forfeit all rent paid. If the Tenant exceeds the maximum occupancy at Check-In or after, the Tenants and all of their guests are subject to immediate removal and forfeiture of their security deposit and rental payment. Maximum occupancy may be restricted for short term rentals and hospitality by government guidance or mandates on guest capacity or length of stay.

3. Visitors: A visitor is an occupant in the rental property that is not staying overnight.  The total number of persons permitted in the Holiday Property including visitors is 18 persons at any time unless special permission is granted in writing by the Landlord.  Any visitor staying overnight is considered a guest.  Any occupancy for daily use in excess of the maximum is a violation of this agreement.

4. Pets and animals: No animals or pets of any kind are allowed and will be brought onto the premises. The Tenant will be liable for any damages caused.  Pets will be allowed only if written permission is granted by the Landlord before Check-In.

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6. Direct and Online Bookings

Rental Amount / Security Deposit / Payments / Cancellation and Refund Details

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6.1 Rental Amount

Rental Amount: ________   Euros (€) x  __  Nights =     ________   Euros (€)

Less Discount: ________   Euros (€)

Plus Cleaning Fee:    240.00    Euros (€)

Full Rental Amount: _______Euros (€)

or equal to _________ Euros (€) per night.

This price includes average use of tap-water, electricity, gas, onsite parking, WI-FI, bedlinen, end of tenancy cleaning, use of free amenities plus maintenance of pool and gardens.

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Additional Local Fees and Security Deposit

⊠ Refundable Security Deposit:     €500  

☐ Other: €             

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for Direct (phone/email) Bookings

6.2.1 Reservation Fee Payment

(payable within 7 days of date of this agreement)

30% of Full Rental Amount: ________ Euros

Payment Date:                    __________

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6.2.2 Remaining Rental Amount and Security Deposit Payment

(payable not later than 60 days prior Check-In)

70% of Full Rental Amount: ___________Euros (€)

Security Deposit:                        500.00 Euros (€)

Total Remaining Rental Amount:  ______ Euros (€)        

Payment Date:        __________

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6.2.3 The Landlord Payment Instructions for Bank Transfers

The Tenant transfers to the Landlord without deduction of any fees or charges the amounts due not later than the due dates stipulated above as follows:

To Account holder:   Daniel Rodriguez Merino

Account IBAN:         ES75 3058 0990 2627 0920 0907

Bank Name:            CAJAMAR, Caja Rural, Soc. Coop. de Crédito, Almería

Swift Code (BIC):     CCRIES2AXXX

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6.2.4 Tenant Bank Account Authorization

The Tenant authorizes the Landlord as follows (bank charges might apply):  

Cancellation/Refund Payments: Please credit the following amounts on the due dates:

☐ Reservation Fee    ☐ Security Deposit   

☐ Remaining Rental Amount

Account holder/ name: _____________________                             

Account Number/ IBAN: ____________________                                      

Bank Name:   _____________________________                                     

Bank Branch/Address: ______________________

Bank Swift Code (BIC): _____________________                  

6.2.5 Tenant Bank Card Authorization (optional)

The bank card holders authorize the Landlord as follows (card issuer charges might apply):  

For Rental Payments:           

Please debit the following amounts on the due dates as stipulated above.

For Cancellation/Refund: Please credit amounts due.

☐ Reservation Fee    ☐ Remaining Rental Amount

☐ Security Deposit   

Type of Card:  ☐Master Card ☐Visa Card ☐Discover Card ☐American Express ☐________________

Exact First Name and Surnames on Card: _____________________________

Card Billing Address: (Street)________________

(City): ______________ (Post Code) ____         

Card Number:    ___ ___ ___ ___ - ___ ___ ___ ___ - ___ ___ ___ ___ - ___ ___ ___ ___

Card Expiration Date: ___ ___/ ___ ___/ ___ ___        

3-digit PIN # on back of card CVV Code: ___ ___ ___

I/We acknowledge, agree and authorize to the above charge/deposit to my/our bank card.

Signatures: _____________________________

Names of Card Holders: ____________________

Date:                         _____________________                          

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for Direct Online (Hacienda Sol Website) Bookings

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6.2.1 Reservation Fee Payment

(paid at time of booking through the Landlords’ website www.haciendasol.com (‘Online Provider’). This amount does not include the provider’s designated service fee, if any).

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30% of Full Rental Amount:             __________ Euros (€)        

Payment/Booking Date:               __________

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Confirmation Code:

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6.2.2 Remaining Rental Amount Payment

(payable not later than 60 days prior Check-In through the Landlords’ website www.haciendasol.com (‘Online Provider’). This amount does not include the provider’s service fee, if any, designated only by themselves).

70% of Full Rental Amount: ___________Euros (€)

Security Deposit:                        500.00 Euros (€)

Total Remaining Rental Amount:  ______ Euros (€)        

Payment Date:        __________

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Confirmation Code (if known):

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6.3 Amendments, Cancellations and Refunds

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Standard 60-day Cancellations and Refunds Policy

100 % refund -         Cancel the Tenant’s booking within 24 hours after booking.

100 % refund -         Cancel for a complete refund of the Full Rental Price (30% Reservation Fee and 70% Remaining Rental Amount) and Security Deposit until 60 days before Check-In.

100 % refund -         Cancel for a full refund of the Security Deposit until Check-In.

100 % refund -         Paid Security Deposit is generally refunded in full (or with applicable damage costs and fees deducted) within 7 working days after Check-Out.

No refund -             Full Rental Amount (30% Reservation Fee and 70% Remaining Rental Amount) are due for payment and are not being refunded if the Tenant cancel less than 60 days before Check-In, or if the Tenant cancels during the Tenant’s stay.

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for VRBO Bookings

6.2.1 Reservation Fee

(paid at time of booking through www.vrbo.com or associated website (‘Online Provider’). This amount does not include the provider’s designated service fee, if any).

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25% of Full Rental Amount:             __________ Euros (€)        

Payment/Booking Date:               __________

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Confirmation Code:

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6.2.2 Remaining Rental Amount and Security Deposit Payments

(authorized not later than 30 days prior Check-In through www.vrbo.com or associated website (‘Online Provider’). This amount does not include the provider’s service fee, if any, designated only by themselves).

75% of Full Rental Amount: ___________Euros (€)

Total Remaining Rental Amount:  ______ Euros (€)        

Payment Date:        __________

Confirmation Code (if known):

Security Deposit:                      500.00 Euros (€)

Security Deposit Payment Date: No upfront payment required. Not charged or authorized unless the Landlord raises a claim within 14 days after Check-Out.

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6.3 Amendments, Cancellations and Refunds

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Standard 30-day Cancellations and Refunds Policy

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100 % refund -         Cancel for a complete refund of the Full Rental Price (25% Reservation Fee and 75% Remaining Rental Amount) until 30 days before Check-In.

50 % refund -          Cancel for a 50% refund of the Full Rental Price 30-15 days before Check-In.

No refund -             Full Rental Amount is due for payment and is not being refunded if the Tenant cancel less than 15 days before Check-In, or if the Tenant cancels during the Tenant’s stay.

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for AirBnB Bookings (30 days)

6.2.1 Reservation Fee, Rental Amount and Security Deposit Payments

(authorized at time of booking through www.airbnb.com or associated website (‘Online Provider’). This amount does not include the provider’s designated service fee, if any).

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100% of Full Rental Amount: _______ Euros (€) 

Payment/Booking Date:   __________

Confirmation Code:

Security Deposit:                      500.00 Euros (€)

Security Deposit Payment Date: No upfront payment required. Not charged or authorized unless the Landlord raises a claim within 14 days after Check-Out. https://www.airbnb.com/help/article/140/how-does-airbnb-handle-security-deposits

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6.3 Amendments, Cancellations and Refunds

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Standard 30-day Cancellations and Refunds Policy

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100 % refund -         Cancel for a complete refund of the Full Rental Price until 30 days before Check-In.

No refund -             Full Rental Amount is due for payment and is not being refunded if the Tenant cancel less than 30 days before Check-In, or if the Tenant cancels during the Tenant’s stay.

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for AirBnB Bookings (48 hour)

6.2.1 Reservation Fee, Rental Amount and Security Deposit Payments

(authorized at time of booking through www.airbnb.com or associated website (‘Online Provider’). This amount does not include the provider’s designated service fee, if any).

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100% of Full Rental Amount: _______ Euros (€) 

Payment/Booking Date:   __________

Confirmation Code:

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Security Deposit:                      500.00 Euros (€)

Security Deposit Payment Date: No upfront payment required. Not charged or authorized unless the Landlord raises a claim within 14 days after Check-Out. https://www.airbnb.com/help/article/140/how-does-airbnb-handle-security-deposits

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6.3 Amendments, Cancellations and Refunds

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Standard 30-day Cancellations and Refunds Policy

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100 % refund -         Cancel within 48 hours of booking (if reservation made at least 14 full days prior to local Check-In time) for a complete refund of the Full Rental Price.

50 % refund -          Cancel between 48 hours after booking (if reservation made at least 14 full days prior to local Check-In time) and 7 full days before local Check-In time for a 50% refund of the Full Rental Price.

No refund -             Full Rental Amount is due for payment and is not being refunded if the Tenant cancel less than 7 days before Check-In, or if the Tenant cancels during the Tenant’s stay.

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for TUI Bookings

6.2.1 Reservation Fee, Rental Amount and Security Deposit Payments

(authorized at time of booking through www.tui.com or associated website (‘Online Provider’). This amount does not include the provider’s designated service fee, if any).

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100% of Full Rental Amount: _______ Euros (€) 

Payment/Booking Date:   __________

Confirmation Code:

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6.2.2 Security Deposit Payment

(payable via bank transfer not later than 14 days prior Check-In)

Security Deposit:                      500.00 Euros (€          

Payment Date:        __________

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6.2.3 The Landlord Payment Instructions for Bank Transfers of Security Deposit

The Tenant transfers to the Landlord without deduction of any fees or charges the amounts due not later than the due dates stipulated above as follows:

To Account holder:   Daniel Rodriguez Merino

Account IBAN:         ES75 3058 0990 2627 0920 0907

Bank Name:            CAJAMAR, Caja Rural, Soc. Coop. de Crédito, Almería

Swift Code (BIC):     CCRIES2AXXX

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6.2.4 Tenant Bank Account Authorization

The Tenant authorizes the Landlord as follows (bank charges might apply):  

Cancellation/Refund Payments:

Please credit the following account within 14 days after Booking Cancellation / Check-Out:

⊠ Security Deposit

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Account holder/ name: _____________________                             

Account Number/ IBAN: ____________________                                      

Bank Name:   _____________________________                                     

Bank Branch/Address: ______________________

Bank Swift Code (BIC): _____________________                  

6.3 Amendments, Cancellations and Refunds

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Standard Cancellations and Refunds Policy

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80 % refund -          Cancel for 80% refund of the Full Rental Price until 60 days before Check-In.

50 % refund -          Cancel for 50% refund of the Full Rental Price until 59-31 days before Check-In.

20 % refund -          Cancel for 20% refund of the Full Rental Price until 30-2 days before Check-In.

5 % refund -            Cancel for 5% refund of the Full Rental Price 1 day before or until Check-In.

No refund -             Full Rental Amount is due for payment and is not being refunded if the Tenant cancels during the Tenant’s stay.

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6.2 Payment Amounts, Payment Due Dates, Amendments, Cancellations and Refunds for Booking.com bookings

6.2.1 Reservation Fee, Rental Amount and Security Deposit Payments

(authorized at time of booking through www.booking.com or associated website (‘Online Provider’). This amount does not include the provider’s designated service fee, if any).

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100% of Full Rental Amount: _______ Euros (€) 

Payment/Booking Date:   __________

Confirmation Code:

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6.2.2 Security Deposit Payment

(payable via bank transfer not later than 14 days prior Check-In)

Security Deposit:                        500.00 Euros (€)        

Payment Date:        __________

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6.2.3 The Landlord Payment Instructions for Bank Transfers of Security Deposit

The Tenant transfers to the Landlord without deduction of any fees or charges the amounts due not later than the due dates stipulated above as follows:

To Account holder:   Daniel Rodriguez Merino

Account IBAN:         ES75 3058 0990 2627 0920 0907

Bank Name:            CAJAMAR, Caja Rural, Soc. Coop. de Crédito, Almería

Swift Code (BIC):     CCRIES2AXXX

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6.2.4 Tenant Bank Account Authorization

The Tenant authorizes the Landlord as follows (bank charges might apply):  

Cancellation/Refund Payments:

Please credit the following account within 14 days after Booking Cancellation / Check-Out:

⊠ Security Deposit

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Account holder/ name: _____________________                             

Account Number/ IBAN: ____________________                                      

Bank Name:   _____________________________                                     

Bank Branch/Address: ______________________

Bank Swift Code (BIC): _____________________                  

6.3 Amendments, Cancellations and Refunds

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Standard Cancellations and Refunds Policy

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100 % refund -         Cancel for 100% refund of the Full Rental Price until 30 days before Check-In.

No refund -             Full Rental Amount is due for payment and is not being refunded if the Tenant cancels less than 30 days before Check-In, or during the Tenant’s stay.

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1. 7. Bookings/Reservation Fee/Cancellation of Bookings

   1. Bookings

   2. A booking is made when a Tenant contacts the Landlord of the Holiday Property, the Landlord and Tenant agree to rent the Holiday Property for the term for a price (the "rental"), and the Tenant pays the Reservation Fee or the Full Rental Amount. Confirmation of a booking will be provided to the Tenant once the amount has been received by the Landlord.

   3. At the time of booking the Landlord may set out terms and conditions in addition to those in this Agreement ("additional terms") which may include, without limitation, terms relating to the number of people permitted to occupy the Holiday Property, and additional fees or costs which apply to the booking. The Tenant agrees to comply with the additional terms, including any terms set out in the site listing for the Holiday Property, as if they were set out in this Agreement.

   4. Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the Landlord, the Tenant is liable for the balance of the rental together with any extra costs or fees set out in the additional terms.

   5. Reservation Requirements and Full Payment. Reservations are not considered “guaranteed” until the Landlord receives the Tenant’s signed Agreement and receives and accepts the required deposit and payments.  The Tenant agree that the Landlord may charge the Tenant’s bank card on file without notice for the balances due.

   6. This contract must be initialed and signed by the Tenant and returned by email or online to the Landlord within 48h of delivery. As a confirmation of receipt of the Reservation Fee, the Landlord will return a fully countersigned copy of the contract by email or online. If the contract signed by the Tenant and Reservation Fee have not been received by the Landlord by the specified timelines, the Landlord reserves the right to initiate cancellation of the booking. Any amounts due at the time of cancellation must be paid by the Tenant within two working days to the Landlord. The Landlord is approved to charge reasonable late payment fees or interest to the Tenant.

   7. Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit, and/or rental money, and the Tenants and guests will not be permitted to Check-In.

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7.2 Booking Deposit / Reservation Fee

1. The Tenant must, to confirm a booking, pay the Landlord a deposit equal to either:

2. 25% - 30% of the full rental amount for the Holiday Property if the booking request is made more than 30 days of the proposed date of commencement of the term, or

3. 100% of the full rental amount for the Holiday Property if the booking request is made less than 14 - 30 days of the proposed date of commencement of the term, or

4. such other amount that the Landlord determines and advises the Tenant in writing, or

5. such other amount that the Online Provider stipulates on their booking platform.

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7.3 Amendments, Cancellations and Refunds

7.3.1 COVID and Pandemics

1. Our standard cancellation policies for new direct and online Group Bookings and Individual Traveller Bookings apply as usual.

2. After the declaration of COVID as a global pandemic by the World Health Organization, the extenuating circumstances policy is no longer applicable because COVID endemics, epidemics and pandemics and its consequences are no longer unforeseen or unexpected.

3. Pandemic related circumstances that qualify for a full refund before Check-In include: government mandates—like evacuation orders, border closures, prohibitions on short-term rentals, host sickness or infection and shelter-in-place requirements.

4. Pandemic and non-pandemic related circumstances not covered before or after Check-In for the rental price refund include: guest sickness or infection, disrupted or missed transportation and cancellations; civil or military disturbances, travel advisories and restrictions; limitations on short-term rentals and hospitality, health advisories, required tests and quarantines; changes to applicable law, if the Tenant and/or guests don't feel safe travelling, change of mind and change of travel plans.

7.3.2 Any cancellation or amendment must be inwriting.

7.3.3   The Landlord may refuse to amend a booking once it has been confirmed in writing and any amendment or transfer of payments to another booking will be at the sole discretion of the Landlord.

7.3.4   The Landlord may cancel a booking by notice in writing if the Tenant fails to make any payment due under this Agreement when that payment is due. The Landlord may not refund the Tenant any money paid prior to cancellation.

7.3.5   If a Tenant cancels this Agreement more than certain days as stipulated under section 6 prior to the commencement of the rental term the Reservation Fee shall be forfeited by the Tenant. The balance of the rental will not be payable.

7.3.6  If the Tenant cancels this Agreement fewer than certain days as stipulated under section 6 prior to the commencement of the rental term the full rental amount will remain payable by the Tenant.

7.3.7  Should the Landlord cancel this Agreement prior to the commencement of the rental term, the Landlord will refund the Tenant monies paid prior to cancellation.

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8. Rental Security Deposit

Damage Deposit Refund Policy

1. A Rental Security Deposit is collateral for damages or excessive expenses or additional services of any kind due to the requests or actions of the Tenant.

2. A one-off refundable security deposit of five-hundred euros (€500) is required for each reservation. The Landlord must receive this amount by bank transfer or credit card authorization at least fourteen (14) days before the start of the rental term, or in cash during Check-In, as agreed. The Tenants and guests will not be permitted to Check-In without prior Rental Security Payment. Any booking without Rental Security payment before Check-In will be subject to forfeiture of advance payment, deposit, and/or rental money.

3. The damage deposit automatically converts to a rental security deposit upon receipt. The amount is fully refundable up to the beginning of the rental period. After mentioned period prior to the rental start date the Landlord shall have the right to retain full or part of the Rental Security Deposit at the Landlord's discretion.

4. The security deposit is not applied toward rent; however, it is usually refundable by bank transfer or bank card within seven (7) working days of departure.

5. If the premises appear dirty or damaged upon Check-In, the Tenant shall inform the Landlord immediately. All damaged or missing items not reported within of 24 hours of Check-In are assumed to be damaged or taken by the Tenant or any of his travel companions or visitors.

6. The Tenant is responsible to the Landlord for all breakage, damage, theft and destruction to any property, direct and indirect costs, fines incurred or charges from third parties arising. Tenant shall be responsible for damages caused to the Holiday Property (including any contents) by his negligence and that of his family, invitees or guests or any other third-party during the rental term.

7. The Tenant agrees to indemnify the Landlord against any losses or damages suffered by the Landlord as a consequence of the Tenant’s breach of its obligations and to immediately, on demand, reimburse the Landlord for all such costs. Should any damage be caused, the Landlord will retain up to the normal and fair value of the damage caused in compensation, prior consultation with the Tenant. The Tenant may be charged up to the full Security Deposit. If the damage is higher than the Security Deposit the Tenant will be charged the full Security Deposit plus the Tenant is liable for covering any further claims. It is therefore advisable to purchases a Short-Term Vacation Rental insurance policy before Check-In. 

8. After the Tenant vacates the Holiday Property inspection and inventory will be performed. If damage or missing items have been observed, the Landlord will take labour and time intensive corrective measures to restore the lost or damaged items. A trip handling fee of €50 will be charged to perform these extra duties. 

9. For a full refund the following provisions have to be met:

1. The Tenant shall deliver premises vacant and their contents must be left in the same tidy standard as on arrival. In the event that the premises are returned in condition poor enough to prevent the Landlord from re-renting, the Tenant shall be responsible for rent lost, damage, fees, penalties as well as the cost of restoration of the rental to the condition it was at the commencement of this lease.

2. No breakages, theft or damage are done to property, furnishings or its contents, beyond normal wear and tear.

3. No plumbing trouble caused by negligence or improper use.

4. No charges are incurred due to contraband, pets, smoking, or collection of rents or services rendered during the stay.

5. No excessive cleaning is required due to unnecessary dirt, including cigarette buds left in ash trays or dumped in outdoor areas, confetti, party decorations, wall and floor graffities, chewing gum, vomit or other mess. All debris, rubbish, bottles, cans and discards are placed in the public dumpster and soiled dishes are cleaned. Maids will not wash dishes or take out the garbage or else. A EUR5 handling-fee is charged on the security deposit for each bag of rubbish left behind, unwashed dishes, glasses, kitchenware etc. or EUR10 for each soiled linen, rented towel or mattress covers that need special cleaning treatment or EUR10 per hour for areas that require non-standard cleaning.

6. No disproportionate utility charges are incurred. 

7. No linens, rented towels, utilities etc. are lost, stolen, or damaged.

8. All house keys, TV and air-conditioning remote controls are returned.

9. The Tenant or any of the Tenant’s guests or visitors are not evicted by the Landlord, representative of the Landlord, or the local law enforcement.

10. Any other costs incurred by The Landlord due to Guest’s stay.

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1. 9. Rental Rules and Regulations (House Rules)

   1. The Tenant agrees to abide by the House Rules attached as Exhibit A.  He/she shall cause all members of the rental party and anyone else the Tenant permits on the Holiday Property to abide by the rules at all times while at the property.

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10. Essentials

The Landlord shall provide standard amenities to the Tenant as described online or per the inventory list presented in each property.

1. All or most rental properties include a washing machine, dishwasher, microwave, oven, cooker and a fully equipped kitchen.

Provided Linens. Rates include a one-time bed sheets setup, pillows and blankets in each vacation rental. Bed linens are not changed and accommodations are not cleaned intermediately during the Tenant’s stay. Towels are not provided but can be rented during Check-In or can be brought along by the Tenant.

1. Provided Starter Supplies.  For the Tenant’s convenience, the Tenant will find a starter supply of sugar, salt, cooking oil, herbs, toilet paper roll, hand and dish soap already in the vacation rental.  The Tenant might wish to purchase any required additional supplies. 

2. Children’s Highchairs, cots and stroller.  Please inquire about availability in specific rental properties.  The Tenant accept all liability for the use of supplied items.

3. Prophane gas bottles are provided for the outdoor BBQ.

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1. 11. Termination / Breach of Agreement

   1. The Landlord has the right to inspect the premises with one-hour prior notice. Should the Tenant violate any of the terms of this agreement, the rental period shall be terminated immediately, and the Tenants must vacate the premises at once. The Tenants waive all rights to process if they, their guests or visitors fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement. At the end of the term, the Tenant shall leave the premises tidy and in good condition, remove all Tenant property, and repair or replace all unreasonable damages caused during their stay.

   2. Failure to comply with any of the foregoing clauses and overall rules established by the Landlord will subject the Tenant to immediate removal from Holiday Property and forfeiture of all rental payments and security deposits. If the Tenant fails for vacate the premises at the end of the rental period prescribed in this agreement, the Tenant shall be charged and liable to the Landlord for €500 per day for every day past the date and time specified in this agreement.

   3. Excessive Wear and Tear Damage. The Tenant is responsible for rental charges for the full duration of the reservation and for any damages or breakage to the rental property incurred during the rental period, even if a security deposit and damage protection have been paid.  The Landlord may charge the credit card on file for any damage or breakage or excessive cleaning costs.

   4. The Tenant will report any breakages or damages to the Landlord as soon as they occur so that the reparations can be resolved for the next guest.

   5. Agreement to comply with all Rental Regulations.  The Tenant and the Tenants’ invitees and visitors must comply with all of the Rental Regulations (House Rules) set forth on exhibit to this Agreement (the “Rental Regulations”).  Failure to comply with the Rental Regulations and any reservations made under false pretenses may result in loss of all the Tenant’s payments made to The Landlord and possible removal of the Tenant from the rental property, in addition to all other remedies available to The Landlord.  If the Tenant violate any of the conditions of this Agreement or the Rental Policies, The Landlord may enter the rental property and the Tenant agree to vacate the rental property immediately upon the request of the Landlord and forfeit all rent and security deposit paid.

   6. Default: In the event of non-payment of any required rental or fee payments as provided for in this agreement, or in the event of any breach of any of the conditions, stipulations, promises or covenants as set forth in the agreement, the Tenant’s right of possession of the leased Holiday Property shall forthwith terminate with or without notice or demand. The retention or possession thereafter by the Tenant, guests or visitors shall constitute an unlawful detainer of the rented Holiday Property.  In such event, the Tenant shall become a Tenant at sufferance, thereby waiving all rights of notice to vacate said Property. The Landlord or his appointed agents shall be entitled to re-enter and re-take possession of the rented Holiday Property immediately with or without legal proceedings or force or eviction order.

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1. 12. Use of the Holiday Property

   1. The Tenant expressly acknowledge and agree that this Agreement is for transient occupancy of the Holiday Property, and that Tenants do not intend to make the property a residence or household. Guest must vacate the property and return it in proper condition and without any property damages to the Landlord. 

   2. The Tenant and guests must use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable and economical manner, with proper care and diligence and at their own risk.  Improper use of appliances and/or damages to these will be charged to the Tenant. The Tenant shall maintain the premises in a good, clean tenantable and sanitary condition throughout the tenancy and remove all garbage daily.

   3. Furnishings: The style, quality, and color scheme of the properties will vary according to the individual Landlord’s preference.  Kitchenware may differ from property to property.  The Landlord does not provide personal use items such as sanitary products, shampoo, shower gel, kitchen paper towels, etc. 

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1. 13. Illegal Use

   1. The Tenant, guests and visitors shall use the property for legal purposes only. Other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this agreement with no refund of rents, deposits or security deposits.

   2. The Tenant confirms and understands that the Holiday Property may not and will not be used for any kind of drug dealing activity, drug use and consumption, money laundering operations, organized crime or any illegal activity whatsoever. Under no circumstances shall any illegal drugs be allowed on the property. The Tenant understands that possession and use of any such substance is grounds for immediate eviction and forfeiture of payment.

   3. The Tenant is not allowed to store, keep or handle any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by the responsible insurance agencies on the premises of the rented Holiday Property. 

   4. The Tenant further waives any and all rights to recourse against the Landlord for enforcing this clause.

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1. 14. Subletting

   1. The Tenant or accompanying travelers shall not have the right to sublet or pass the property on in any way to another person or third party in full or partial form, without the written consent of the Landlord. 

   2. The Tenant must be lodging at the Holiday Property during the entire length of the reserved stay.

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15. COVID Travel Advice

15.1Travel and Health Insurance

It is vital for the Tenant and their guests to arrange appropriate vacation travel payment insurance with COVID and pandemic cover that shall include a trip cancellation option to cover for rental payments and balance totals as soon as the Tenant and their guests book the accommodation, flights, tour or entry tickets and trip. This gives the travelers immediate protection should the worst happen before or during the holiday. The Tenant is responsible for the payments of their own taxes, bank charges and fees, local or foreign, as well as the commissions dictated by the supplier for their services. Look for travel and health insurance policies offering at least £/€2million of medical cover, at least £/€3,000 of cover for cancellation — and importantly, scheduled airline failure insurance (SAFI) that will pay out in the event the airline goes bust. Insurance companies have policies that give some level of protection, but as a rule of thumb, most insurance policies will only offer generic medical cover and limited cancellation cover. Research is key. Generally, the cheaper the insurance policy, the less protection. Make sure your European Health Insurance Card is up to date. Travelers from the UK are advised to apply for the new post-Brexit Global Health Insurance Card at nhs.uk

15.2 Flights

Pay for the flights using a credit card — this might give a further level of refund protection under the Consumer Credit Act.

15.3 Passport

Make sure that your passport has at least six months expiry left on it from the time you will be heading home from abroad.

15.4 Governmental Travel and Health Advice, Restrictions and Requirements

1. Regularly check updated information involving your trip to Spain, Andalusia, Malaga, Axarquia and Costa del Sol. Please make sure you do your own research and prepare ahead, i.e., COVID passports, negative tests, quarantine and more.

2. Before travelling to Spain, please make yourself aware of the stipulated legal requirements and conditions. Some useful links:

• Spain’s Tourist Office: https://www.spain.info/en/reportajes/informacion-practica-turistas-covid-19-viajar-espana.html#

• https://www.andalucia.com/health/coronavirus/travel-to-malaga/costa-del-sol-spain

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1. 16. Individual Check-In, Private Check-Out & Keys Pick-Up

   1. As a special service, the Landlord or one of his representatives will personally welcome, check-in, describe important property information and show the Tenant and guests around the Holiday Property at the pre-arranged Check-In time.

   2. The Tenant should be present at the arranged time of Check-In and Check-Out. However, the Tenant can permit a booked guest to represent him/her by emailing the completed Third Person Authorization Form (Exhibit B) to the Landlord prior Check-In or prior Check-Out.

   3. As a legal requirement, the Tenant and guest older than fifteen years of age at the time of Check-In will need to present a valid identification document for registration i.e., passport or I.D.-card. Other documents, i.e., driving license or bank cards, are not valid for this purpose.

   4. After signing the individual Check-In local authority registration form the Tenant and guests will obtain their house keys.

   5. Access to each individual accommodation of the Holiday Property is provided by front gate key and main entrance door key. The Tenant agrees to return all keys before Check-Out. All sets of keys should be left on the Villa Malaga kitchen counter. Failure to return the set of keys after departure will result in a €7 key replacement fee deducted from the security deposit for each key needing replacement.

   6. Should the Tenant or guests lock themselves out of their dwelling and are unable to gain access through their own resources they may call a professional locksmith or preferably call the Landlord to let them in. The Tenant shall be responsible for the cost of the locksmith and also to provide the Landlord with four new keys for each changed lock. If the Landlord is called upon to let the Tenant or guests in, the Tenant pays a €50 handling charge.

   7. At the expiration of this agreement or any extension, the Tenant shall peaceably surrender the premises and turn in all keys and other property owned by The Landlord leaving the premises in good and tidy condition. Upon vacating, the Departure Checklist attached as Exhibit C serves as general guideline for the Tenant. Due to the substantial length of time required the Landlord will inspect the Holiday Property after Check-Out and inform the Tenant electronically of any irregularities or found damages within 7 working days. The Tenant’s obligation to observe and perform this agreement covenants shall survive the expiration or any other termination of the term of this agreement.

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1. 17. Personal Possessions / Liability / Risk of Loss

   1. The Tenant and guests are aware and understand that the Landlord does not accept responsibility or liability for accidents, injuries, illness, death or loss or damage to Tenants’ or guests’ or their personal property or belongings on or off premises of the Holiday Property, including motor vehicles, however caused. All personal property shall be at their own risk not limited to arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence or any person whosoever, or from the bursting or leaking of water pipes.

   2. The Tenants must purchase their own insurance if such coverage is desired.

   3. If personal belongings are found by the Landlord or cleaning staff, returns will be held at their offices or returned to the Tenant on request at cost plus a €25 handling fee. 

   4. Since the introduction of the holiday rental license law in Spain the Tenant and their guests will also need to have a specific holiday rental travel insurance. Such insurance shall include public liability that will cover for an accident or robbery of personal belongings.

   5. The Tenant acknowledges there may or may not be exterior cameras present for security purposes only.  Notwithstanding such, the Tenant acknowledges and agrees that the Landlord are not liable in the event of any camera malfunction. 

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1. 18. Safety

   1. The Tenant acknowledges and agrees that they are responsible for the safety of themselves, their guests, children and infants with respect to the pool, jacuzzi, the roof terrace areas, stairs and the whole premises.

   2. The use of the accommodation and amenities are offered on the condition that they are used entirely at the Tenant’s own risk.

   3. The Tenant acknowledges and agrees to refrain from any injury or harm to them or their guests.

   4. It is understood that there is no lifeguard or security guard on-site and that supervision and safety is the Tenants, guests and visitors’ own responsibility.

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1. 19. Fire Alarms / Fire Extinguishers

   1. The Tenant must notify the Landlord without delay if a fire alarm “chirps” or has a low battery condition.

   2. The Tenant must notify the Landlord without delay if a fire extinguisher has been used, damaged or is showing insufficient pressure levels.  

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1. 20. Internet and Internet TV

   1. Wireless satellite internet is provided without payment of extra costs as a convenience only and is not integral to this agreement.

   2. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences regarding internet service.

   3. It enables the Tenant to connect their own devices. There is no public personal computer available for usage.

   4. By using the wireless internet, the users agree to its Terms of Use.

   5. Internet is on a self-service basis and assumes the usual level of technical capability to connect to Wi-Fi. The Landlord cannot provide technical support.

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1. 21. Insurance

   1. The Tenant undertakes that he/she will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by the Landlord in respect of the Holiday Property and/or its contents.

   2. The Tenant agrees to indemnify the Landlord against any losses or damages suffered by the Landlord as a consequence of the Tenant’s breach of its obligations

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1. 22. Maintenance and Repairs / Right of Entry for Periodic Inspection

   1. The Tenants shall maintain the premises in the very good, spotless clean, and ready to rent condition, and use the premises only in a very careful and lawful manner. The Tenants shall leave the premises in a tidy condition at the expiration of the rental agreement, defined by the Landlord as being habitable by the next Tenants. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The Tenants agree that the Landlord shall deduct costs of said services from the security deposit prior to refund if Tenants cause damage to the premises or its furnishings. The Landlord cannot guarantee against mechanical failure of electrical service, stopped plumbing, air-conditioning, washing machine, refrigerator, water supply, heating, hot tub, pool, audio visual equipment, internet access, television etc. or appliances.  Please report any inoperative equipment to The Landlord immediately.  The Landlord will make every reasonable effort to have repairs done quickly and efficiently.  No refunds or rent reductions will be made due to failure of such items. It is expected that major systems in and around the Holiday Property will break down from time to time. The Landlord assumes no liability to the Tenant if such should occur as all products have a useful life and break down occasionally.

   2. Notification to the Landlord of any damages or problems with the property Access:  Guest shall allow The Landlord access to the property for purposes of repair and inspection.  The Landlord shall exercise this right of access in a reasonable manner. The Landlord, his agent or repair company may enter the premises with prior consent of the Tenant or with 24 hours written notice to any Tenant on the premises to be entered. The Landlord may enter during reasonable hours and for the purpose of inspecting the premises, making necessary or agreed repairs, decorations, alterations or improvements, supplying necessary or agreed services, or exhibiting the dwelling unit to prospective or actual purchasers, mortgages, prospective Tenants, workmen, contractors, or insurance inspectors.

   3. In the event a major repair to the premises must be made which will necessitate the Guest’s vacating the premises, the Landlord may at its option terminate this agreement and the Tenant and guest agree to vacate the premises holding the Landlord harmless for any damages suffered, if any.  The Tenant shall notify the Landlord immediately of any maintenance or repair needed, in writing.  The Tenant agrees to immediately test any smoke detector and maintain same. 

   4. In the event of equipment malfunction within the Holiday Property, the Landlord will expedite repairs as quickly as possible.  From time to time, it may be necessary to close the jacuzzi, swimming pool and other amenities for maintenance purposes.  It is the Tenants’ responsibility to advise the Landlord immediately of any condition or maintenance issue that the Tenant discovers.  This will prevent the Landlord from having to charge the Tenant for damages that were not incurred during the Tenants’ stay.  Any maintenance items, including if a fire alarm “chirps” or has a low battery condition, should be reported to the Landlord without delay.

   5. No rent adjustment can be made for circumstances beyond control, malfunction or loss of use of equipment or amenities.

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1. 23. Condemnation and Acts of God / Act of Nature

   1. If for any reason the premises are condemned prior or during the stay by any governmental authority, or destroyed through fire, act of God, nature or accident, this rental agreement shall cease and shall terminate as of the date of such condemnation or destruction. Such unforeseen conditions could be the following but are not limited to, hurricanes, landslide, earthquakes, flood, storm, fire, war, civil or military disturbances, riots, vandalism, etc. The Landlord assumes no responsibility and cannot be held liable for such unforeseen conditions. The Tenant and guest hereby waive all claims against the Landlord and representatives for any damages suffered by such condemnation or destruction.  No rate adjustment or refund will be made. The Tenant is reminded and encouraged to obtain appropriate Travel Insurance with coverage for Trip Interruption, trip cancellation and such and other risks.

   2. Rental Assignment Change.  The Landlord reserves the right to require the Tenant to change rental properties without liability or costs to the Landlord if the rental property unexpectedly becomes unavailable or uninhabitable. 

   3. Shortened Stays and Conditions. There shall be no refunds of rents due to shortened stays, early departure, Governmental restrictions on guest capacity or length of stay or ruined expectations i.e., COVID and pandemics, weather conditions or flight changes.

   4. Roads and Road Conditions.  The Landlord is not responsible for any adverse driving conditions that may impede access to the Tenants’ rental property.  While the roads and driveways leading to the Tenant’s rental property are maintained by local authorities, the Tenant may experience disruptions at any time.  The Tenant hereby accept these risks.

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Next page paragraph 24 – 36 / Seasonal, Short & Vacation Term Rental Agreement and Exhibits