24. Liability and Indemnification

1. Listing Information. Online or printed information regarding the Holiday Property or individual rental properties on their premises is believed accurate but cannot be guaranteed. Particular furnishings and amenities are subject to change without notice.

2. The contractual parties’ liability in respect of this agreement shall be limited to the value of the Holiday Property rental and other directly associated charges agreed at the time of booking. Under no circumstances and under no legal theory, misdemeanor, contract, strict liability, or otherwise, shall the Landlord or the Rental Property be liable to the Tenant or any other person for any indirect, special, incidental, or consequential damages of any character including arising out of or relating to this agreement or the Tenants’ rental including costs, fees, harm or inconvenience occurred to the Tenant and travel companions and guests or others however arising, including booking cancellations by the Landlord, and regardless of whether the Landlord has been notified of the risk of them or the possibility of such damages.

3. The Tenant at all times, will indemnify and hold harmless the Landlord and the Holiday Property and their respective employees or agents from all losses, damages, liabilities and expenses which can be claimed against the Landlord and/or the Property for any injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect or fault of the Tenant, their family, travel companions or guests of the Tenant, or arising from the failure of the Tenant or the agents, family or guests of the Tenant to comply with any applicable laws, statutes, ordinances, regulations or for not observing the Rental Regulations (House Rules) regardless of the nature of the accident, injury or loss.

4. The Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, of which may hereafter be in force pertaining to the use of the Holiday Property.

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25. Complaints

If the Tenant is not entirely satisfied with the Holiday Property, they must immediately contact the Landlord or the Landlord's representative during their stay.

In the unlikely event that a complaint of the Tenant is not addressed by the Landlord during the rental term, the Tenant may make their complaint, in writing, within 14 days after the end of the rental term.

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26. Arbitration

Should any dispute arise between the Landlord and the Tenant which cannot be resolved by discussion between the parties, the matter shall be referred to an arbitrator agreed between the parties, or failing agreement, to an arbitrator appointed by the President at the time of the Arbitrators and Mediators Institute of Spain, or applicable authority. Any such arbitration is to be carried out in accordance with the provisions of the relevant Arbitration Act and all decisions will be final and binding.

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27. Attorney’s Fees

The Tenant agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by the Landlord enforcing this agreement. In any legal action to enforce the terms hereof or relating to the premises, regardless of the outcome, the Landlord or agent shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. The Tenant acknowledges all attorneys’ fees shall be classified and billed to the Tenant as “added rent”.

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28. Severability and Illegality

In case that any part of this agreement should be declared void or invalid, this will not have any effect on other parts of this agreement, which can be in effect without the invalid terms; and therefore, the terms of this agreement shall be deemed separable.  

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29. Waiver

No failure of the Landlord to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of partial payment be deemed a waiver of the Landlord's right to the full amount thereof. This lease supersedes any other lease on the premises during the term stated herein. No terms in this rental agreement shall be deemed waived, regardless of any conflicting terms or rules in any governmental rent assistance programs.

The rights of the Landlord under this rental agreement shall be cumulative. Any failure on the part of the Landlord to exercise promptly any rights given hereunder or any waiver by the Landlord shall not operate to forfeit or waive any other rights allowed by this lease or by law.

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30. Notices

Any notice which either party may or is required to give, may be given by certified mail, to the Tenant at the Holiday Property or his/her home address, or to the Landlord at the address of the Holiday Property or at such other places as may be designated by the counterparty from time to time.

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31. Privacy Act

Information collected by the Landlord about the Tenant is used by the Landlord to operate the Holiday Property as a business, and to carry out the Landlord’s obligations under this agreement.

The Tenant authorizes the Landlord to exchange such information with third parties, including (without limitation) its agents used to manage the Holiday Property, credit and debt collection agencies, accountants and lawyers, as required.

The Tenant understands that if the Tenant defaults on any payment under this agreement, that payment default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.

Latest policy updates are available on www.haciendasol.com/policies 

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32. Data protection

In compliance with the applicable laws of protection of personal character data, the Landlord informs the Tenant that the personal data the Tenant voluntarily supplies might be incorporated into an automated file owned and responsibility of Hacienda Sol or their agents in order to administer and manage the processes necessary for a good service to their customers. 

Except under express opposition, the Landlord informs the Tenant via email or other electronic means of offers and services that the Landlord deem may be of the Tenants interest or benefit. The Tenant may exercise rights of access, rectification, opposition or a cancellation request in writing to the registered office of Hacienda Sol.

Latest policy updates are available on www.haciendasol.com

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33. Governing Law, Jurisdiction and Venue

This agreement is governed under the laws of Spain. If any clause or term in this lease is contrary to law, the remainder of the lease shall remain in full force. Any civil action or legal proceeding arising out of or relating to this agreement shall be brought in the courts of record of Velez-Malaga, Malaga, Andalusia, Spain.

This Agreement confers rights on the Landlord and is for the benefit of and may be enforced by the Landlord, any nominee, assignee or subsequent purchaser of the assets of the Landlord.

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34. Other Agreements

This agreement and exhibits represent the entire understanding and agreement between the Tenant and the Landlord of the rental Holiday Property with respect to the subject matter of this agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between such counterparties.

Any exceptions to the above-mentioned policies must be approved in writing in advance. This Lease supersedes any and all prior agreements between the parties relating to the Premises.

In addition to the language stated in this agreement the parties, The Landlord and Tenant, agree to the following: __________________________________________________________________________

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36. Acknowledgement

I or we, the Tenants, have read and agree to the conditions and policies set forth in the Landlord Rental Agreement. Acceptance online or by email shall constitute valid binding acceptance of this agreement. I or we, the Tenants, acknowledge that we have read, understand and agrees to all parts of this document, and have received a copy.

I or we, the Tenants, agree that all rental monies are non-refundable as per the cancellation policy above.

I or we, the Tenants, have read my rights to purchase travel insurance, health insurance, liability insurance, security deposit insurance and any other relevant or required insurance policies.

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I or we, the Tenants, hereby certify and consent that I/we have read the entire agreement and conditions. I/we agree to the terms and will comply with them during the course of this vacation rental, and have received a copy.

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The Landlord and the Tenant agree to the above conditions on this __ day of ___________, 20xx and hereby confirm that the information provided is accurate and true.

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The parties agree to the terms of this Short-Term Rental Agreement, as evidenced by the signatures set forth below.

The Landlord: X                      _____                                                        

Name (print)  Daniel Rodriguez Merino                                                               

Date:                                                  

Phone # (during stay): +34695106697                                           

The Tenant: X                         _____                                

Name (print)                                                                                                           

Date:                                                                                                  

Phone # (during stay): + ___________

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Tenant: Please print, complete, initial each page, sign, scan and email the agreement together with copy of your passport or national I.D. document.

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INDEX:

Previous page paragraph 1 – 23 / Seasonal, Short & Vacation Term Rental Agreement

Exhibit A / Rental Regulations (House Rules)

Exhibit B / Third Person Authorization Form

Exhibit C / Departure Checklist