Conditions
1. General Your contractual partner is the company Villas Tranquilas (hereinafter referred to as VT). The following rental conditions, which complete and supplement the legal provisions, apply in all other respects.
2. Conclusion of the Rental Agreement
2.1. The booking can be made by email or via the internet. By making a booking, you are offering VT the conclusion of the rental agreement on a binding basis. The electronic receipt confirmation by VT does not yet constitute confirmation of the acceptance of the booking order. The scope and nature of the services to be provided by VT within the framework of the rental agreement are exclusively governed by the descriptions provided by VT and the additional information provided by VT, as far as they are available to you at the time of booking.
2.2. You are responsible for all contractual obligations of persons for whom you make the booking, just as for your own obligations, to the extent that you have assumed this obligation by way of an express and separate declaration.
2.3. The rental agreement is concluded upon receipt of the booking confirmation sent by VT on a durable data carrier, which will be sent immediately, at the latest within 7 days after receipt of the booking.
2.4. We would like to inform you that, according to legal regulations, you have no right of withdrawal for the services offered. The regulations listed under "Cancellation" in these rental conditions apply. The correction of obvious errors, e.g., due to printing and calculation errors or internet allocation errors, remains reserved.
2.5. The subletting of holiday homes by VT is not permitted, nor is marketing as an organizer with its own pricing.
2.6. We are happy to consider customer requests at the time of booking. However, please note that VT cannot guarantee their fulfillment. Special requests and bookings under a condition and verbal side agreements are only valid if confirmed by VT.
2.7. Bookings for activities or rental cars can only be mediated or recommended by VT as external services. VT incurs no obligations and is not liable for any contractual disruptions. The basis is the terms and cancellation conditions of the respective service providers.
3. Payment/Rental Documents/Cancellation in Case of Payment Default
3.1. The total amount is due immediately.
3.2. The complete rental documents will be sent to you by email.
3.3. If payments are not made in accordance with the agreed due dates, we are entitled to withdraw from the rental agreement after a reminder with a grace period and to charge you with the cancellation costs according to these rental conditions (Clause 5.2).
4. Special Conditions and Notices
4.1. The holiday homes we offer are not accessible for people with disabilities.
4.2. Local Additional Costs
According to the jurisdiction, fixed costs (mandatory additional costs) that must be paid in any case are included in the rental price. Variable costs that depend on the number of travelers, the composition of the travel group, or consumption (e.g., local taxes, electricity, gas, heating, firewood, water, laundry) are partially paid to the key holder, depending on the usage at the holiday location. Payment is usually made in cash.
4.3. The key holder is entitled to demand a reasonable deposit upon handover of the keys. The deposit is usually paid in cash in euros. The deposit will be refunded on-site after proper return of the rental property. In individual cases, the deposit may be refunded by bank transfer only after the departure of the customers. The refund of the deposit does not affect any claims for damages by the landlord.
4.4. The local tax is already included in the rental price and is remitted by VT.
4.5. Cleaning of the Rental Properties
The final cleaning of the villa is carried out by VT. However, we kindly ask you to load your used dishes into the dishwasher, remove food from the refrigerators, and dispose of your trash upon departure. The price for the final cleaning is obligatory and payable either in advance in the rental price or in cash on-site. For longer stays, regular cleaning can be requested. Payment is made in cash by the tenant on-site.
4.6. All VT villas are equipped with bed linen and towels. Pool or beach towels are also provided. Toilet paper, tissues, kitchen rolls, as well as washing and cleaning agents, and dish towels are also available in all VT villas. If the consumables are not sufficient for the entire stay, the tenant must buy them themselves.
4.7. If additional beds and/or children's beds are available, you will find a corresponding note in the respective description. Bedding for children's beds is provided upon request. Please note whether a children's bed is only provided within the advertised maximum number of persons or whether it effectively allows for an additional person in the rental property. Children's beds are generally suitable for children up to 2 years of age. Additional and children's beds must always be ordered and confirmed when booking.
4.8. Pets - Pets are generally not allowed.
4.9. In the holiday homes and apartments, dishes and cutlery are usually fully available and sufficient for the number of booked persons. Technical household appliances such as oven, microwave, dishwasher, coffee machine, or washing machine are only available if explicitly mentioned in the description.
4.10. Heating/Heating Options
The operation of central heating or gas, electric, kerosene, or wood/pellet stoves is generally done by the tenants. If necessary, you will receive instructions on how to operate them from the key holder.
4.11. TV/TV Reception
TV in the property description refers to a color television set. If satellite or cable reception is possible, this will be indicated in the text as satellite TV or cable TV. However, this does not necessarily mean that programs in all languages can be received.
4.12. Internet/Wi-Fi is only available if explicitly mentioned in the description. We do not guarantee constant availability, speed, compatibility, and security of the internet/Wi-Fi. Therefore, you must ensure sufficient protection for your end devices. Consumption may be limited. Internet/Wi-Fi is regularly intended for holiday purposes and may not be suitable for business use. The use of internet/Wi-Fi is solely at your own risk. When using internet/Wi-Fi, you must comply with applicable laws. You are particularly obligated not to download data or access data containing materials (e.g., films, music pieces) that are copyrighted but are illegally distributed over the internet, e.g., via internet file-sharing platforms. It is also not allowed to download data with content that is criminally relevant or to download files in an unlawful manner. Furthermore, you are obliged to inform fellow travelers (including minor travel participants) about compliance with applicable laws and to carry out corresponding checks. In the event of a culpable breach of your obligations under this "Internet/Wi-Fi" section, you indemnify VT from any claims by third parties and hold VT harmless.
4.13. If garden/terrace furniture is mentioned in the description, a garden chair or sun lounger is not necessarily available for each person. Cushions for seating couch and sun loungers are provided but must always be used with a towel and stored overnight in the designated storage box. Sun loungers and parasols are also only available if mentioned in the property description.
4.14. The description also indicates whether a holiday home has a swimming pool. Please observe any specially formulated bathing rules for pools. These may include regulations/prohibitions such as bringing balls, air mattresses, and similar items into the pools.
4.15. Duties of Care
As the tenant, you have the right to use the entire rental property, including furniture and utensils. You are obliged to handle the rental property and its inventory, as well as any communal facilities, with the utmost care. You must report any damage caused during the rental period, either by you, your companions, or guests, and if necessary, compensate for it. Damages may also be deducted from the deposit.
4.16. The transportation or connection of resource-consuming objects such as air conditioning units, mini pools, e-bikes, electric cars, etc., is not permitted, or only allowed upon request.
4.17. The rental property may not be occupied and used by more people than indicated and confirmed on the internet pages. The specified maximum number of persons includes children unless otherwise agreed and confirmed with VT. Overoccupancy entitles VT to retrospectively charge the proportional rental price plus any additional costs. VT's right of termination according to Clause 7 remains unaffected.
4.18. Infrastructure facilities mentioned in the internet descriptions and documents (transport, shops, restaurants, sports facilities, public beaches, and their facilities, etc.) are not part of our contractual obligation, and VT cannot be held liable for any disruptions in their services. These facilities independently decide on operating times, etc. The same applies to public and private utility companies (such as water and electricity utilities). Also, information about climatic conditions does not constitute a guarantee. Any duty of disclosure, notification, and care obligations that may apply to us remain unaffected.
4.19. Special Offers
In the case of special offers, percentage discounts on the rental price, promotions such as early bird discounts or special offers for families and seniors, any variable additional costs for the entire duration of the stay must be paid. However, this will be specified in any case in the offer.
4.20. Check-in time is usually between 3 PM and 8 PM on the designated day of arrival. If you anticipate a delay during your journey, please inform the keyholder well in advance. They will do their best to ensure your reception even in such a case, but this cannot be guaranteed.
4.21. Please present your booking confirmation to the keyholder upon arrival. The key handover location upon arrival and return location upon departure does not necessarily take place in the holiday home. During the season, alternative key handover options may be arranged. The key may also be deposited in a key safe.
4.22. Deviating arrival days from the booking confirmation are generally not possible but can be requested from VT. If the deviation is possible, it will be confirmed by VT in writing.
4.23. If you cannot take over the property as agreed, for example, due to increased traffic or personal reasons, and there are no unavoidable, exceptional circumstances at the destination or in its immediate vicinity that significantly affect the performance of the trip or the transportation to the destination, VT is entitled to compensation as regulated in Clause 5. The same applies if you leave the property prematurely.
4.24. On the departure day specified in the booking confirmation, the rental properties must be vacated by 11 AM at the latest, and they must be handed over to the keyholder in the same condition as at the time of handover. Any departure times different from those stated should be checked, if applicable, in your travel documents.
5. Cancellation/Compensation/Substitute Tenant
5.1. You can cancel the booking at any time before the rental commences. The cancellation is effective upon receipt of the cancellation declaration by VT. If the booking was made through a booking platform, the cancellation can also be made to them. For your own interest, the cancellation declaration should be made on a durable data carrier. If you cancel the booking before the rental commences or do not start the rental, you are entitled to appropriate compensation instead of the rental price. If the cancellation is attributable to VT or unavoidable, exceptional circumstances occur at the destination or in its immediate vicinity that significantly affects the travel arrangements or transportation to the destination, VT cannot demand compensation. Circumstances are unavoidable and exceptional if they are beyond VT's control, and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.2. VT has established the following lump-sum compensation taking into account the period between the cancellation declaration and the rental commencement. Our lump-sum claim for compensation is generally:
– Up to 14 days before the start of the trip: 0% of the booking price (cancellation free of charge), – In case of later cancellation or non-commencement of the trip: 100% of the booking price (no refund).
If we are obliged to refund the booking price due to a cancellation, we will do so within 14 days after the cancellation.
5.3. VT can withdraw from the contract before the rental commences if the fulfillment of the contract is not possible due to unavoidable, exceptional circumstances. In this case, VT forfeits the right to the entire booking price.
5.4. You have the right to provide a substitute tenant who takes your place in the contractual relationship with VT. However, this is subject to the condition that VT receives the corresponding notification on a durable data carrier at least seven days before the rental commences, so that the necessary reorganization can be made. VT may object to the entry of the named substitute tenant if the named substitute tenant does not meet the conditions for a booking. Once the VT confirms the named substitute tenant, the named substitute tenant assumes the rights and obligations of the rental agreement. The costs incurred by VT due to this change will be charged to you at €50 per transaction.
6. Termination for Behavioral Reasons
VT may terminate the rental agreement without observing a notice period if the tenant (or even just one of the accompanying persons) behaves in such a way that an immediate termination of the agreement is justified. This applies, for example, to endangering other persons, willful destruction of furnishings or other parts of the VT holiday homes, or violations of the house rules. In such a case, the tenant must vacate the holiday home immediately and will not receive any refund of costs. The deposit will also be retained by VT in such a case.
7. Obligations to Cooperate
7.1. If any disruptions occur, you are obliged to do everything reasonable to contribute to their rectification and to minimize or avoid any resulting damage, if applicable. This includes, in particular, the obligation to report complaints immediately. If you culpably fail to fulfill this obligation, you may not be entitled to claims for insufficient performance of the contract if the issue could have been rectified with timely notification to VT.
7.2. If you notice any defects at the rental property, you can request remedies. In this case, please contact VT immediately, preferably by phone or alternatively by email, so that any appropriate measures defined by VT can be taken to review the complaint and, if necessary, rectify the defects or provide equivalent replacement. The decision on whether to remedy the defects or provide equivalent replacement lies with VT. The right to terminate the contract is only possible under the provisions stated in Clause 7.3. The keyholders are not contracting parties, do not function as tour guides, and do not have the authority to acknowledge claims or make legally binding statements and/or receive them.
7.3. Claims due to non-contractual performance of services can be asserted against VT after the contractually intended end of the rental, subject to the conditions described below. We strongly recommend making such claims on a durable data carrier. Your travel intermediary (internet booking platform, etc.) is authorized to receive and forward notifications of warranty and compensation claims to VT. The condition is that the services or the assumed replacement services were not provided as agreed, and that you did not culpably fail to report the defects immediately (without undue delay) and that adequate remedies were not provided. If the rental is significantly impaired due to defects, you can withdraw from the rental agreement with a proportionate refund of the travel costs and compensation for any additional expenses incurred. The usual condition is that you reported the non-contractual performance to VT with a reasonable deadline for remedy and that this deadline expired without results. A deadline is not required if remedy is impossible or refused by VT, or if immediate remedy is necessary.
7.4. External circumstances, force majeure, and regional peculiarities, such as the presence of insects, stray dogs or cats, regional festivities with associated noise, unfavorable weather conditions, or the condition of public roads, do not entitle you to claims against VT.
8. Statute of Limitations
The traveler's claims become statute-barred after two years. The limitation period begins on the day on which the rental was supposed to end according to the contract.
9. Data Protection
Our data protection declaration, which you can find at www.villas-tranquilas.com/datenschutz, applies to the processing of personal data in connection with these General Terms and Conditions.
10. Recommendation of Private Liability Insurance
Private liability insurance generally covers damages caused by you as a customer in holiday homes. We recommend that you check whether your insurance covers such damages, even abroad.
11. Passport, Visa, Health, Customs, and Foreign Exchange Regulations
As a customer, you are responsible for complying with valid domestic and foreign entry and exit regulations, health regulations, passport and visa requirements, and regulations for the introduction of pets. Information is provided by the relevant ministries/embassies/consulates. All disadvantages, especially the payment of cancellation costs resulting from non-compliance with these regulations, are at your expense.
12. Spanish Law Applies
13. Other Provisions
The invalidity of individual provisions of the rental agreement does not result in the invalidity of the entire rental agreement.
Landlord:
Villas Tranquilas, C. Utrera 4, 03730 Javea, Spain, Tel: +34609872073, office@villas-tranquilas.com