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Guest Reservation Terms and Conditions

April 23, 2015 by Regis Perruchot

These terms and conditions are agreed, between Canarias BnB, whose registered office is located calle el Roque, 22 – 38330 Guamasa, Tenerife, and represented by Mr. Regis Perruchot as its CEO and b) by any person or entity wishing to enter into a seasonal rental contract via the “Canarias BnB” website, by phone or writing, hereinafter referred to as “the Guest”.

I.- Purpose

These terms and conditions define both the contractual relationship between Canarias BnB and the Guest, and the conditions applicable to all seasonal rental contracts made via the Canarias BnB commercial website, whether the Guest be a professional or a private individual.

II.- Property features

The properties being offered are those published on the Canarias BnB website.

Each property has a description and photographs provided by the home owner.

In regards to properties being offered for rent, all information concerning prices, dates, location and features will be found on the website.

Descriptions of flats and houses on offer are established many months in advance, so changes may occur before your reservation, and updates are regularly posted on the Canarias BnB website.

The description of the property and the invoice confirming your reservation constitute the only agreed contract for your reservation.

The information found online is valid at the time the contract is agreed and replaces any prior information.

Photos are as accurate as possible but do not pretend to be a perfect reproduction of the property.

The description of the surroundings mentioned on our website is provided by third parties (shops, transport, restaurants, visits …). This information may change without us being informed, in which case, Canarias BnB cannot be made responsible.

III.- Pricing

The prices published on the website are in euros and inclusive of all taxes.

Canarias BnB reserves the right to change its prices at any time. The price which will be applied to the Guest’s booking will always be the one published on the site on the day of booking.

The property rental prices are on a nightly, weekly or monthly basis.

There may also be an additional mandatory fee, charged to the Guest at the time of booking. Details of these fees can be found on the webpage of the rental property.

Optional fees may also be listed on the webpage of the rental property. If the Guest chooses any optional fees, they will be paid directly to the home owner upon arrival.

IV.- Booking and Cancellation

Reservations can be made with us in writing, by phone or directly via the website.

You will receive a booking confirmation email detailing your resrevation.

In order to confirm your booking, the Guest must have paid the rental price in full.

This payment must be made at the time of booking via the online payment system, Stripe.

Failing a payment being made, Canarias BnB is free to accept a booking for the said property from another Guest, and this without having to pay any form of compensation to the original Guest.

This contract shall be considered binding when the full rental price has been paid to Canarias BnB.

If the Guest later decides not to make use of the rental, the Guest remains liable for the full rent.

Upon receipt of full payment and before the start of your stay, a binding booking confirmation will be sent containing all relevant information, including contact details for the property’s home owner.

The 7-day cooling-off period on the selling of products and services provided for in Article L121-20 of the Consumer Code does not apply to the provision of a hosting service, and therefore does not apply to the present contract.

V.- Deposit

On the day of entry into the premises, the Guest will pay a security deposit.

The amount to be paid can be found on the web page of the rental property.

The security deposit aims to cover the cost pertaining to any damage caused by the Guest to the property and its contents, and the cost of replacing any lost keys or objects.

The security deposit will be settled in cash to the home owner or his/her representative. The home owner will return the previously paid amount to the Guest subject to a satisfactory departure inventory when handing back the keys.

In any event, the deposit, minus any deductions which may have to be made to cover damage and losses caused by the Guest, will be returned to the Guest within a maximum period of 5 days after the Guest’s departure.

VI:- Entry and departure: Inventory of property and contents

Access to the property by the Guest will be according to the schedule set by the home owner or the home owner’s representative and guests must depart before 10am on the date indicated on the booking confirmation.

You must therefore contact the home owner to arrange access to the property.

If you are not available to access the property on the dates and at the times indicated because of problems with transport, strikes or for personal reasons, the full price of the rental still applies. It also remains due in full for any stay that you may have to cut short.

In the above circumstances, the Guest must contact the home owner to arrange an alternative date and/or time to access to the property.

Both on entry to, and departure from, the property, the Guest and property home owner, or the home owner’s representative, will jointly draw up an inventory of the property and its contents, and that of any outbuildings.

VII.- Guest’s Obligations

This contract is subject to the conditions set forth herein, which the Guest will perform and achieve, under penalty of contract termination, without prejudice to any future claim for damages by Canarias BnB.

Thus, the Guest agrees to:

  • Occupy the leased premises, its facilities and the furniture provided in a peaceful manner, in accordance with the purpose of premises as a residence. As such, the Guest agrees not to modify the premises or its contents covered by this contract.
  • Maintain the leased premises in good condition and take responsibility for minor repairs as defined by decree 87-712 of August 26th, 1987, to which both parties will refer if need be. The Guest also pledges to respect all local, highway, and police rules, in particular concerning hygiene.
  • Unless cleaning is included in the mandatory fees, the Guest must leave the premises in a perfect state of cleanliness, failing which, he promises to pay for any cleaning required at the end of the lease.

If cleaning costs are included, the Guest must leave the leased premises tidy, remove rubbish, and clean the kitchen and kitchen utensils.

  • The Guest will be legally responsible for any damage or loss which occurs during the lease period to the property and contents provided for the Guest’s exclusive use, unless the Guest can prove that they are the result of a case of force majeure.
  • Ensure against risks which are, in law and the present contract, the responsibility of the Guest, as tenant of the leased property and contents. The Guest must be sufficiently insured, in particular for explosions, fire, water damage, rental risks and damage caused by the Guest’s pets, as well as for claims by neighbours, with a solvent company. Said insurance policy must indicate the priority of the lessor on the insurance amount.
  • Not leave prematurely without having previously informed the home owner, so that a departure inventory can be made and the keys returned on departure.
  • Observe any special requirements the home owner may have, listed on the webpage of the leased property with regard to the use of the property, for example, the fact that smoking may be prohibited, a maximum number of people allowed in the property, etc. Please note that the number of people authorized per unit is defined as its maximum capacity and comprises both adults and children.
  • For properties with swimming pools (either private or shared), access to the pool is strictly forbidden to minors unless accompanied by an adult.

VIII.- Liability of Canarias BnB

Canarias BnB is not responsible for the compliance of the property with regulations. This responsibility falls on its home owner, who must ensure compliance with current housing regulations.

If, on arrival, the Guest finds that the leased property is not compliant with what was provided in the booking confirmation, or if he finds any defects, he must immediately notify the home owner or the home owner’s representative.

All claims must be made directly to the home owner.

If the property is deemed not to conform to the contract to such an extent that it makes the stay impossible, Canarias BnB will endeavour to provide the Guest with an equivalent alternative.

Canarias BnB will not be liable for any damage, loss, delay or problem in the event of circumstances beyond its control, particularly in the event of war, threat of war, riots, terrorist activity, natural or nuclear disasters, fire, airport closures, adverse weather conditions, failure to supply a network, action taken by the authorities, or any other force majeure as defined by law.

Canarias BnB reserves the right to cancel any reservation affected by the aforementioned circumstances.

Canarias BnB will not be liable in case of theft, burglary, or criminal or unlawful act committed in the leased premises.

 

IX.- Transfer and Subletting

This holiday rental represents a contract on an intuitu personae basis, exclusively with the Guest. Consequently, it is strictly prohibited to transfer or sublet any part of, or the totality of, the lease, or to make any part of the property and its outbuildings available to third parties.

X.- Termination clause

If the Guest breaches any one of the clauses above, this lease will be terminated after a period of 24 hours following an unanswered summons by registered letter or letter delivered by hand. Termination will take immediate effect and be automatic, with no requirement for legal formality, notwithstanding all consignments or real offers after the above deadline.

XI.- Penal clauses

In order to guarantee the home owner the effective and immediate recovery of the leased premises, if the Guest remains unduly in the property on termination of the lease, the Guest must, based on a penalty clause, make a calculated occupancy allowance to the lessor, day by day, corresponding to 150% of the rental amount.

XII.- Nullity

If any provision of this Contract were to be declared invalid, either in whole or in part, by final court decision and not subject to appeal, the validity of the remaining provisions will be unaffected.

 

XII.- Governing Law – attribution of jurisdiction

These general terms and conditions of sale are governed by Spanish law.

Any dispute which may arise between the parties as to the validity, interpretation and/or execution of this Contract shall be dealt with at the sole discretion of the Santa Cruz de Tenerife Courts.