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         El Sueño - Terms & Conditions

 

Please ask in writing before confirming your Booking, if you have any questions or would like further clarification.  

 

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).  

(c) 2011 El Sueño