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1.
AGREEMENT
1.1 These terms and conditions which
given below form the basis of the Agreement
between the main Booking Contact
("you") and El
Sueño *
for the holiday rental booking of the Property
named on the completed Booking Form .
1.2 By completing and returning the
Booking Form and making the Deposit payment,
you agree that you are over 18 years of age
and that you accept full responsibility for
all payments due and for the consequences of
any actions of all persons who will use the
Property during your holiday.
2.
BOOKING OF RENTAL PROPERTY & PAYMENT
2.1 Payment terms and dates for the
booking Deposit, Balance and Security Deposits
will be given in writing at the time of your
booking of the Cortijo or a Casita ("the
Property). Only one Special Offer, Discount,
Deal etc is
applicable to a booking and is given at the
sole discretion of El
Sueño
.
Payments
can currently be made in euros or sterling by bank
transfer, or by credit/debit card (VISA or
MASTERCARD only) – but please note that all
card payments incur an additional 3% fee of
the payment due for bank charges.
Please note that no administration
costs (such as transfer/exchange fees or card
charges) will be accepted by El
Sueño
to receive or return any payments associated
with the booking.
We
are a family business located in Spain who
welcome many international guests, so we try
to offer the most straightforward and
reasonably priced methods of payment
throughout the booking process for both
receiving payments and returning security
deposits - providing fees or rates whenever we
are aware of them (such as the 3% credit card
fee), or indicating where charges might be
incurred. However while at every
opportunity we strive to offer a 'charge-free'
payment option, this is quite reasonably not
always possible particularly for guests living
outside Europe - as the banking industry is a
profit-making business and will inevitably
make unavoidable charges for most transactions
at some point, particularly in these economic
times.
2.2
El
Sueño
will accept a provisional booking and reserve
the Property for your holiday, provided that
we receive the Deposit from you within 7
working days of a completed Booking Form.
El
Sueno will then confirm the booking on receipt
of the Booking Form and a booking deposit of
35% of the rental fee (“the Deposit”) for
the Property.
Once El
Sueño
has confirmed the booking with you and has
received the Deposit, then an agreement exists
between us, on these Terms and Conditions.
2.3
The remaining 65% balance (“the
Balance”) of the rental fee and security
deposit (see Section 3 below) will become due
two calendar months before the start of the
rental in Low and Regular Seasons and three
calendar months in Peak and High Seasons.
El
El Sueño
will
send you a reminder for a bank transfer
payment including the exchange rate at the
time if applicable, while credit/debit card
Balance and ecurity deposit payments will be
taken automatically on the date they are due
– unless the main Booking Contact has
requested in advance otherwise. If the Balance
is not received on time, El
Sueño
reserves the right to cancel your booking and
retain the Deposit.
2.4 Prices given are
in Euros per Property, per week for the maximum number of
persons as stated on our website (see Section 7 below), unless stated
otherwise.
El
Sueño
's
prices and additional services will have IVA
added at the applicable rate, where
appropriate. If IVA rates change, El
Sueño
reserves
the right to amend our prices accordingly and
an IVA receipt can be issued on request, once
the full payment has been received.
2.5 No subsequent changes may be made to any
part of the Booking Form without El
Sueño 's
agreement in writing.
2.6 We offer 'Short Breaks' during
our Low Season periods of four to six nights
in length, excluding Christmas and New Year weeks
which have a one week minimum booking
period. These four, five or six night
'Short Breaks' are priced at 70%, 80% and 90%
respectively, of the published weekly rate of
the property. Additional nights to a
standard one week booking during our Low
Season periods (subject to availability) are
charged on a pro rata basis, based on the
weekly rate.
3.
SECURITY DEPOSIT(S)
3.1
All bookings will require a Security
Deposit, the amount of which will be given at
the time of enquiry and will be payable with
the final Balance to El
Sueño
.
Additional
deposits, such as for Items for Children,
working/disability dogs, longer term rentals etc, will
also be agreed at the time of booking as
required and are subject to the same Terms
& Conditions.
3.2
The Security Deposit(s) provides cover
for the cost of any damage and/or breakages
caused by the guest in or to the property, as
well as any requirement for additional
cleaning where the Property is not left clean.
Reasonable
allowance will be made for wear & tear and
breakages such as an occasional glass etc, but
not when an item has been removed from the
premises, lost, used inappropriately or
carelessly. If the total
Security Deposit(s) amount is not sufficient
to cover the cost of any additional cleaning,
excess use of utilities,
loss, breakages and/or damage cause as well as
other agreed services or costs incurred, you
will be responsible for full payment of any
additional charges, costs and/or losses
incurred on request.
3.3
El
Sueno
will automatically include additional
deposit(s) amounts where applicable, eg the
additional 'Items for Chilren' deposit if
there are any children under five years of age
included in the booking - whether such items
or deposits are requested or not.
3.4
Where
an additional deposit is held (eg for Items
for Children), if the total repair,
replacement or bill costs exceed the initial
Security Deposit, then the balance will then
be taken from this additional deposit - and
vice versa as applicable.
3.5
The
Security Deposit will be returned by El
Sueño
within
14 working days from the last date of the
rental period, subject to these Terms &
Conditions and contact with the guest.
(Please also read section 2.1 above
regarding fees and charges).
4.
CANCELLATION
4.1 You may cancel your booking at any time,
provided you do so in writing to El
Sueño -
but you will remain liable for any outstanding
Balance of the holiday rental fee, if this
cancellation is made after the final
Balance payment is due. El
Sueño
will seek to re-let the Property for all or
part of the booking period cancelled and, if
successful, will refund the money paid by you
- less any administrative charges (such as
bank transfer or credit card fees). If El
Sueño
do not re-let the Property, no refund will be
made.
4.2 El
Sueño
reserves the right to re-let the Property at a
discount or for a shorter period - in which
case El
Sueño will
pay the refund, or a proportion of it if the
Property is re-let for a shorter period, less
any discount and any administration charges.
4.3 El
Sueño
reserves
the right to cancel the booking anytime in the
event of circumstances beyond the reasonable
control of El
Sueño, or
if in the reasonable opinion of El
Sueño
it is necessary to undertake essential works
at the Property. In these unlikely
circumstances El
Sueño
will endeavour to offer a suitable alternative
property on the Finca. If no such alternative
property rental is agreed between us then El
Sueño
will refund in full all money received by us
for the booking. El
Sueño
will not otherwise be liable for any loss
incurred by you as a result of the
cancellation.
5.
CHANGE OF BOOKING
5.1 El
Sueño will
endeavour to assist you in a transfer of a
booking to an alternative property on the
Finca or an alternative date at your request,
within reason and subject to availability.
Please note that any administrative
charges incurred will be made, in addition to
any costs of the revised arrangement - such as
the loss of rent on the original property if
it cannot be re-let, or the increased rent due
on the alternative property. Confirmation of
all amendments must be sent by you and
confirmed El
Sueño
in writing or by email.
5.2
Changes cannot usually be accepted within six
weeks of the start date of the holiday in Peak
and High Seasons, one month in Regular and Low
easons.
If a change results in a reduction in the
length of the holiday it will be regarded by El
Sueño
as
a cancellation of any applicable dates.
6. OCCUPATION OF THE PROPERTY
6.1 You must not use the Property for any
purpose other than that of a holiday, for any
activity or in such a way as to cause nuisance
or annoyance to El
Sueño
,
its other guests or its neighbours.
Functions, celebrations, ceremonies and
parties are not permitted without the written
permission of El
Sueño
-
we are a private finca and do not have a
licence for any public events.
6.2
You and your guests must comply with any
reasonable request relating to the Property,
or the Finca within which the Property is
situated, which will be given to you on your
arrival at the Property in the Information
Book in the Property, signs displayed around
the Finca and on request by El
Sueño
.
Typical examples would include requests
for care and maintenance of the Property and
its contents, WiFi useage (including access
and limitations) per property, swimming pool
safety, picking of plants, waste disposal and
recycling of guests' own refuse.
6.3
The rental price will include all charges for
reasonable consumption and useage of water,
gas (bottled), electricity, firewood and
WiFi - within the limitations available or
offered. Guests are not permitted to
bring or use any additional applicance other
than that which is provided in the property,
particularly (electric or gas) heaters, air
conditioners or barbeques. A final clean of the property and a light general weekly
clean of the Property during the booking with
a full change of bedlinen and bathroom towels
is also included, as specified at the time of
booking.
All
linen included in the rental of the Property will also be laundered by
El
Sueño
.
Any additional
housekeeping (cleaning, linen changes etc)
requested during the booking must be agreed
and paid for separately at the time, while El
Sueño
is entitled to make an additional charge if
extra cleaning is necessary as a result of the
property being left in a dirty condition upon
your departure.
6.4
We ask that all guests comply with any instructions found in the Information Book in
the Property regarding the appropriate fuel
for use on open fires or woodburning stoves
within the Property and charcoal barbeque on
the patio and also their sensible useage. Any damage to both Property and its
contents or grounds of the Finca caused by
using inappropriate useage or fuel will be charged to
the guest.
7.
MAXIMUM OCCUPANCY
7.1
Only persons whose names are listed on
the Booking Form at the time of booking may
occupy or visit the Property and Finca, during
the specified rental period agreed.
7.2
The number of people staying in the Property
must not exceed the maximum number stated on
the website or in written communication from El
Sueño
,
with all guests sleeping in the stated available beds
and appropriate beds only. All children aged two years or over
will require
a separate bed of their own and no additional
folding beds/sofabeds or mattresses are offered or included in
any property, nor can existing beds or
mattresses be moved
around into different
bedrooms.
7.3
El
Sueño reserves
the right to limit the number of properties
booked together by the same group or extended
family, at any one time. When booking
the Cortijo as part of a group booking, the
maximum booking allowed is three properties (to
also include
Almendra Casita) - or 16 guests in total, to
include all children. A group booking
for all four Casitas when each property is
booked individually by a separate family/unit
may also be considered, up to a maximum of 18
guests to include all children - in Low &
Regular Season periods only.
7.4
No non-residents or visitors renting or living
off-site are also not allowed in either the
Property or onto the grounds of the Finca.
Please
note that the booking and occupation limits are
realistically set in line with the size and
type of services/fittings available in each Property,
our limited natural resources and ecological
principles - as well as in consideration of other
guests staying on the Finca and using shared
facilities, such as water supply and the
swimming pool. To exceed the maximum number of
persons in a Property overloads the facilities
available, which are often not designed or
capable of supporting additional usage and can
lead to extensive and expensive damage –
which then in turn directly affects the
other current and following guests.
7.5
As such, any over-occupancy is considered to be
a serious infringement of the Terms and
Conditions and will likely result in an
immediate requirement for the full booking
party to vacate the premises -
with no refund of monies due, and possible
further charges in the event of damage to the
facilities caused by excess usage (for
example, property damage or blocked drainage/malfunctioning septic tank which
has been used by a greater number of people
than the facility is designed for).
8.
GUEST OBLIGATIONS
8.1
You agree to keep the Property and its
contents in the same condition and repair as
on your arrival and to also leave the property
n the same state of cleanliness and general
order in which is was found.
You
and your guests are responsible for taking all
reasonable care of the Property and its
contents - as well as your useage of all shared facilities used
such as the Casitas Utility/Laundry Room,
Casitas swimming pool and bathroom, garden
areas and children's play area, throughout the
rental period.
At the end of the hire period, the
Property and its contents, including all
equipment, furniture, utensils, etc must be
left clean and tidy which includes the
crockery and cutlery cleaned and stored in the
appropriate cupboards and ensure that the
cooker, oven, fridge and microwave are clean.
You will also ensure that the barbeque is
cleaned and that all rubbish (apart from that
which is indicated as recyclable on the finca
such as ash, compost and paper) is cleared away
from the property and placed in the village
communal dustbins and recycling bins on your
departure.
8.2
In the event of any maintenance problem in the
Property or malfunction of any appliance or
equipment during the rental, you are expected
to report this to the Caretaker or El
Sueño
office
as soon as possible, so that repairs or
maintenance can be carried out.
El
Sueño
(and their workmen) have the right to enter
the property at any reasonable time for
maintenance or inspection. We also ask that
any loss, damage or breakage must be
immediately reported to the Caretaker, so that
they can organise a quick repair or replacement
– for the enjoyment of both you and the
following booking.
8.3
No pet is permitted in a Property.
If you use a guide dog or a hearing dog
and wish to stay at one of our properties
where dogs are not normally permitted, please
discuss with our staff at the time of booking
- who will make every effort to accommodate
your needs within reason. In all such cases
you must obtain written permission from El
Sueño
and will be subject to addition terms and
conditions as well as security deposit.
8.4
You must allow anyone authorised by El
Sueño to
enter the Property during the rental period to
inspect the condition, if issues or concerns
are raised either by staff or other guests (eg
that are contrary to these Terms &
Conditions). El
Sueño
will
endeavour to give you reasonable notice of
such a visit - except in an emergency when
immediate access must be allowed.
8.5 Smoking
is not permitted in any part of the Property
and you and all your guests agree not to smoke
on the Finca at any time.
8.6
The use of candles (other than those of
a similar size and type used within the
holders or containers provided) or fireworks
by you and your guests at the Property or on
the Finca is not permitted. Cleaning costs or
damage caused by spilt wax or burns will be
charged for. Use of barbeques, other than the
one for each property provided for the sole
purpose of cooking food, is not permitted at
any time.
8.7
You agree to pay to El
Sueño
upon
written demand any costs incurred in making
good any loss or damage to the Property or its
contents caused by your action or omission or
that of any guest accompanying you that exceed
the Security Deposit(s), other than normal
wear and tear. El
Sueño
will also be entitled to make an additional
charge to the Customer if extra cleaning is
made necessary as a result of the property
being left in a dirty condition upon the
Customer's departure.
9. EL SUEÑO - RIGHT TO
REFUSE/TERMINATE
9.1 El
Sueño
reserves
the right to refuse any booking.
9.2 El
Sueño reserves
the right to terminate this Agreement and ask
you and your guests to leave immediately if
this is deemed necessary by El
Sueño
as
a result of your behaviour or that of your
guests, or any other material breach by you of
the terms of this Agreement.
10. ARRIVAL AND DEPARTURE
10.1 We only offer our properties on a weekly
basis, with a Saturday changeover during our
busier months April to October and a two week
minimum in July and August in all our
properties except Almendra Casita (- please
enquire for the fortnightly periods
available).
10.2
The holiday rental period begins at 16:00 on
the first day of the booking period and ends
at 10:00 on the day of the departure. If your
stay extends beyond this period, you may be
subject to a charge for the additional days or
extra staff required to changeover the
Property in a reduced time before the
following booking.
To allow our staff sufficient time to
changeover the properties and shared
facilities, as well as carry out noisier and
more intrusive work in the grounds, between
bookings, -please note that guests cannot
arrive outside of the specified rental hours.
or wait on the grounds of the finca.
There are also no secure facilities to store
luggage, at any time.
9.3 Detailed Arrival Notes and Directions
including key collection and contact numbers
will be sent once we have received the travel
details of you and your guests, and after the
Balance payment and Security Deposit(s) have
been received in full.
11.
DESCRIPTION AND FACILITIES
11.1 El
Sueño will endeavour to inform you at the time of
booking of any changes to the web site
description of the Property or of any events
(such as repair or building work) which may be
taking place in or near the Property on the
Finca during your holiday. El Sueno does not
accept any liability for any works or activity
of any sort occurring on neighbouring and
local agricultural property.
11.
2 As
with any accommodation, there is a need for
ongoing maintenance and occasionally
unforeseen work, so El
Sueño
and its contractors may enter the Property at
any reasonable time for reasonable cause –
although we always seek to carry out such work
between bookings or during changeovers.
However,
during High Season or Sunshine Tour periods in
particular, this may result in unavoidable
delays – particularly if labour or parts are
dependent on external professionals or
suppliers.
El
Sueño
will do their best to give you reasonable
notice of such requirements and all such third
party contractors will be accompanied by El
Sueño
staff, who will aim to restrict the working
hours of any such inspections or work to
between the hours of 10.00 – 14.00.
Please
note that this is an ecological finca, with
restored older properties located in a rural
area - so there will be wildlife present
around the houses (including protected birds
nests which we cannot move & cobwebs in
high ceilings which are cleaned regularly) and
a very natural appearance throughout the
grounds, as well as seasonal agricultural
activities in the local vicinity.
Both
the Casitas and Cortijo swimming pools are
fed directly by spring water and cleaned using
ecological silver & copper ionisers, with
natural mineral sand filters - as well as
being checked and vacuumed regularly (when
seasonally open)
by our caretaker. Therefore, while there
maybe an occasional seasonal cloudiness in the
water caused mainly by organic material (such
as Spring Mimosa blossoms, Summer dust &
Autumn leaves) or sun protection products etc
that have not been showered off - these do
not affect either the cleanliness or
guests' useage of the swimming pools at any
time. On these occasions, we prefer to use our
ecological filtering methods to gently and
safely remove these materials from the water
over a day or two wherever possible, rather
than chemical 'shock' treatments which can be
harmful to both guests and our wildlife.
Please note: in case of broken glass or damage
to the pool or its equipment etc, wherever
necessary for the safety of our guests the
pool will be temporarily closed for drainage
and required checks.
12. TENANCY
12.1 This Agreement is for the purposes of a
holiday rental only and does not create the
relationship of Landlord and Tenant between
you and El
Sueño
.
You will not be entitled to a tenancy or to
any other form of statutory security of tenure
as a result of this Agreement.
13. COMMENTS & CONCERNS
13.1 Every
reasonable care will be taken to ensure that
the Property is presented to you in good
working order.
However, if you have any cause for
concern during your holiday at the Property
please notify the Caretaker or our Office
immediately – so that we can make all
reasonable efforts to assist and resolve the
issue as quickly as possible after being
notified.
Please note that concerns or complaints
not reported at the time and not during the
rental period cannot be entertained or
investigated later, after the end of the
rental period.
14.
LOST PROPERTY
14.1 El
Sueño
shall not be responsible for loss or damage to
any of your belongings or for any injuries
sustained by you or any of your guests unless
caused by the negligence or default of El
Sueño. Due
to very limited storage facilities, general lost
or left property (such as clothing, shoes
& towels etc) will normally be disposed
of if it is not claimed within two weeks of
departure and we have returned the security
deposit after direct communication with the
Main Booking Contact (who is responsible for
all such items of guests within their
booking). For smaller more personal items or
valuables such as jewellery, electronic
equipment etc, these are kept securely for
longer - but not indefinitely. Please note
that El
Sueño
may charge a reasonable administration fee to
cover the costs of storage and handling of
lost property, such as postal costs to return
any items (including packaging and insurance as required).
We
also recycle/donate any items left behind and
not claimed by guests to another local charity
that works with one of our local vets in El
Colorado near Conil, to re-home rescued dogs
and cats in Europe. The money is raised
by regular ´car boot´ sales and donations to
pay for veterinary bills, microchips, pet
passports & transport. Therefore if
guests have any unwanted items at the end of
their holiday that they would like to donate,
please leave these behind with a note so that
our staff are aware of your request.
15.
INSURANCE
15.1
We strongly advise you to take out
holiday and personal insurance to cover any
eventualities that may result in you having to
cancel your holiday, as well as for any personal accident and
medical expenses for you and all your guests
during your trip.
El
Sueño retains
the right to update or amend these Terms &
Conditions as and when required.
*
For
the purposes of simplicity, the term ‘El
Sueño
‘ is used within these Terms & Conditions to represent the
owners, their Office and staff, the Finca and
all its properties as well as Dragon Palm SL
(the Spanish Limited Company we operate El
Sueño through).
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