Our Terms & Agreement

Our Terms & Agreement

T & C's

Our Written Agreement

Our Written Agreement

Know Your Rights

Our Terms Explained

Our Terms Explained

You Decide

Knowing You Rights

Knowing You Rights

Legal & Justice

Nice Doing Business With You

Nice Doing Business With You

Friendships, Courtesy & Success

Terms & Conditions - T&C's

Vacation Rental Licence Terms, Conditions & Agreement “T&C’s”

 

1.  Contract & licence conditions

Your short term vacation rental licence agreement is with the Vacation Rental Albatros Villa (“we”, “us”, “our” or “licensor” in these Booking Conditions) are for the Property collectively known as ALBATROSVILLA.COM & VACATIONRENTAL.ES (“the Property”).  References to “you”, “your” or “licensee” are references to the licensee or person making the booking and all members of your holiday vacation rental party. 

Under the terms of this short term licence agreement, it should be noted that the legal ownership and possession of the Vacation Rental property is with the “Licensor” and it is further agreed between you and us that this licence agreement does not create any interest in the favour of the “Licensee”.

These Vacation Rental Licence Terms, Conditions & Agreement (“T&C’s”) together with our house rules “Villa Manual” and any Privacy Policy or any GDPR Policy constitute a legally binding short term licence agreement between you and us and forms the basis of your contract with us so please read them carefully.  If you do not fully agree to our T&C’s then please do not proceed with any booking with us.  Receipt of an electronic copy of these T&C’s, the sending of the web link to these terms, and / or making any payment for a booking or reservation constitutes acceptance of our T&C's with the same contractual validity of a signed copy.

We do not authorise anyone to use our vacation rental services or on-line booking platform through any of our web portals or third party vacation rental booking platforms and service providers unless you are of legal age and able to enter into a legally binding contract.

Use of our websites for any other purpose other than for the booking of our vacation rental home or browsing our websites is strictly prohibited.

Our T&C’s supersedes any other T&C’s that you may knowingly or unknowingly have entered into, by making a reservation through any third party service providers, including but not limited to online booking sites, booking agents, HomeAway, VRBO, AirBnB, Booking.com, Agoda, Expedia etc. 

We reserve our right to revise or make changes to these T&C’s including but not limited to any other documents or information that are electronically transmitted to you or those available on our websites for reasons such as a change in business procedure or changes in the applicable laws and you are advised to visit our web page periodically for our latest T&C’s which are legally binding upon you.

 

2a.  Making your booking - DIRECT

When you make a DIRECT reservation request or book our Property under a short term licence agreement, you are required to make payment of the Initial Deposit within 2 days.  We accept all major payment methods including the following credit cards: American Express, Master Card, Diners International & Visa.  We also accept the following debit cards: Visa Delta & Visa Electron.  We can also accept bank transfers and PayPal (with a fee of 3.6%)

 

All payments are processed securely, with full confidence and peace of mind through our payment processing service  partners Stripe Incorporation "Stripe".

Making payment for your booking or reservation directly with us, by credit card is the safest payment method. This gives you 100% peace of mind and added protection under Section 75 of the Consumer Credit Act 1974. In a nutshell, if you use your credit card to pay for any goods or services costing between £100 - £30,000 then the credit card company is jointly liable with the seller.

Making payment of the Initial Deposit or full payment establishes a provisional reservation with the removal of your requested dates from our reservations calendars.

After making payment of your deposit, we will send you an email confirming receipt of your initial payment.  We will also send you a booking form with a schedule of all payments, due dates, and a web link to our T&C’s. 

You are required to complete and return to us, the completed booking form together with a copy of your passport or alternative photo ID, copies of 2 current utility bills (within the last 3 months), a copy of the front and back of a credit card in your name, and any other information requested by us, no later than 3 working days after we send you our email.  We reserve our legal right to reject, review or revise your reservation for breach of these conditions.

If you intend to use more than one payment card for your subsequent payments, you will be required to send us a copy of the front and back of all other payment cards, as and when used to make your subsequent payments.  A copy of all payment cards used for your reservation are required in strict compliance with requirements imposed upon us by our payment processing service providers and insurance underwriters for identification, security and to eliminate chargebacks.

If you are making any payment on a credit or debit card not belonging to you, you will be required to provide us with full details of the cardholder full address, copy of their passport or photo ID and a copy of a current utility bill in the cardholders name, which must not be older than 3 months.  This is also subject to the cardholder being a guest or present at the property upon check in.

When a payment card is used and the cardholder in not included in your guest itinerary nor present at our property on your arrival date, you will be required to supply us with a signed letter by the cardholder giving you their authority to use their payment card and giving us their express and unequivocal authority to debit payments on their card.

Once your completed booking form has been received and acknowledged by us, we may request from you further details, further particulars or additional information.  You must respond to us with full details of all information requested no later than 5 days after any additional information has been requested from you.

All personal information obtained from you will be treated in strict confidence, and in accordance / compliance with the General Data Protection Regulation (GDPR) & Data Protection Act 1998.

Your booking is made as a short term licensee for the purpose of a vacation rental holiday and you acknowledge and accept that no liability can be accepted by us for any losses howsoever suffered or incurred by you.

You are required to carefully check the details of our booking confirmation and details contained in your booking form, and you must notify us within 2 days of any errors, corrections or omissions.

We reserve our right to terminate, repudiate or cancel your booking for your failure to comply with our requirements.  If we cancel your booking, we will promptly refund any monies you have paid to us less our admin fees of £50, together with any bank processing charges and credit card charges.

Your Initial Deposit, or if you have made full payment is only refundable if you cancel your booking within the statutory 7 days cooling off period.  After the initial 7 days cooling off period, your booking is strictly non-refundable and non-transferable, nor can you change your dates without our consent and payment of an additional 40 - 80% supplementary fee, if the alternative dates are available and agreed by us.

2b.  Making your booking - INDIRECT

When you make an INDIRECT reservation through an agent or third party booking platform, you are making your reservation for rental of our property, indirectly through a third party. 

Our T&C’s supersedes any other T&C’s including but not limited to all payment service providers appointed by the online booking sites to process payments on listing sites booking platforms.  It should also be noted that the payment service provider, authorised to process payments on behalf of HomeAway, VRBO and Expedia are "Yapstone", also commonly known as Holiday Rent Payment, Vacation Rent Payment. 

 

When making your reservation indirectly to a third party, you are making payment for your reservation to an agent and or third party service provider and you agree to lease our Property under a short term licence agreement. 

 

Making an INDIRECT payment for your booking or reservation by credit card indirectly through "Yapstone", HomeAway, VRBO or Expedia, gives you very little or no protection under Section 75 of the Consumer Credit Act 1974, reason being that a direct relationship does not exist between you and the seller.

 

Making payment of your initial deposit or full payment establishes a provisional reservation with the removal of your requested dates from the third party booking site and our online reservations calendar.

After making payment of your deposit or full payment, we will send you an email acknowledging the payment you had made to your payment service provider "Yapstone".   We will also send you a booking form with a schedule of all payments, due dates, and a web link to our T&C’s. 

You are required to complete and return to us, the completed booking form together with a copy of your passport or alternative photo ID, copies of 2 current utility bills (within the last 3 months), a copy of the front and back of a credit card in your name, and any other information requested by us, no later than 3 days after we send you our email.  We reserve our legal right to reject, review or revise your reservation for breach of our conditions.

If you intend to use more than one payment card for your subsequent payments, you will be required to send us a copy of the front and back of all other payment cards, as and when used to make your subsequent payments.  A copy of all payment cards used for your reservation are required in strict compliance with requirements imposed upon us by our payment processing service providers and insurance underwriters for identification, security and chargebacks.

If you are making any payment on a credit or debit card not belonging to you, you will be required to provide us with full details of the cardholder full address, copy of their passport or photo ID and a copy of a current utility bill in the cardholders name, which must not be older than 3 months.  This is also subject to the cardholder being a guest or present at the property upon check in.

When a payment card is used and the cardholder is not included in your guest itinerary nor present at our property on your arrival date, you will be required to supply us with a signed letter by the cardholder giving you their authority to use their payment card and giving us their express and unequivocal authority to debit payments on their card.

Once your completed booking form has been received and acknowledged by us, we may request from you further details, further particulars or additional information.  You must respond to us with full details of all information requested no later than 5 days after any additional information has been requested from you.

All personal information obtained from you will be treated in strict confidence, and in accordance / compliance with the General Data Protection Regulation (GDPR) & Data Protection Act 1998.

Your booking is made as a short term licensee for the purpose of a vacation rental holiday and you acknowledge and accept that no liability can be accepted by us for any losses howsoever suffered or incurred by you.

You are required to carefully check the details of our booking confirmation and details contained on your booking form, and you must notify us within 2 days of any errors, corrections or omissions.

We reserve our right to terminate, repudiate or cancel your booking for your failure to comply with our requirements.  If we cancel your booking, we will promptly refund any monies you have paid to us less our admin cost of £250, together with any bank processing charges and credit card charges.

Your Initial Deposit, or if you have made full payment is only refundable if you cancel your booking within the statutory 7 days cooling off period.  After the initial 7 days cooling off period, your booking is strictly non-refundable and non-transferable, nor can you change your dates without our consent and payment of an additional 40 - 80% supplementary fee, if the alternative dates are available and agreed by us.

2c.  Making your booking - INDIRECT PAYMENT TO YAPSTONE (Payment Service Provider)

Yapstone is the payment service provider of choice, appointed by HomeAway, VRBO and Expedia.  This company is not related, endorsed or affiliated to us. We accept no responsibility or accountability for their actions, including but not limited to loss and damages suffered to you or us arising from their negligence, delayed payments, non payments, increased workload, increased service fees and increased payment processing fees.

For the avoidance of any doubt, please note that Yapstone (a US trading company) are for reasons very uncommon, exempt from financial regulations and conduct in the UK and Europe.  Their company have also confirmed that they do not hold a licence to conduct financial services / activities in Europe, nor are they regulated by the "FCA" Financial Conduct Authority as they are exempt from such rules.  This gives them every reason to operate unethically and unprofessionally without being held accountable for their actions.

 

This payment processor has a vast amount of complaints raised against their company by other home owners, agents and management companies.  Accordingly, please note that we are currently experiencing vast problems receiving our payments from Yapstone, who choose to operate in an unethical manner, not only by withholding payments to owners for a substantial amount of time, but also withholding legitimate refunds of security deposits to guests and dealing with chargeback matters unprofessionally. 

 

Making payment indirectly to a financially unregulated company such as, but not limited to Yapstone can carry great risk.  Not only is your payment at risk, but until such time that we have received your full payment from Yapstone (not less than 3 months before your arrival) please be advised that your booking is not guaranteed. 

In the event that we have not received full payment from your payment service providers "Yapstone" at least 3 months before your arrival, you unequivocally and unconditionally give us your express permission and authority to debit all outstanding and overdue rent payments not received by "Yapstone",  from the payment card/s you have registered with us as security.

In the alternative and at our sole discretion, if we are unable secure full payment on the payment cards provided as security for your reservation, your booking may be deemed cancelled by you and / or subject to additional terms, requirements, undertakings & guarantees including but not limited to an increase of 15% on the rate originally quoted and requesting full payment from you not less than 30 days before your arrival.

3.  Villa Policies

(a)  Strictly no pets allowed

(b)  Strictly no smoking policy - indoors & inside our glamping pods

 

Due to health, safety, and the wellbeing of all of our guests, smoking is strictly prohibited indoors including our 2 luxury Glamping Pods. Any breach of our policy or evidence of smoking and or cigarette burns in these indoor areas will result in the total forfeiture of your security deposit.  Smoking is only permitted outdoors in designated smoking areas.  You are also required to ensure that cigarette stubs are only disposed of in the ashtrays provided.

(c)  Strictly no motor homes, R.V’s, caravans, camper vans or coaches allowed to be parked on our private property.

(d)  Foreign plated motor vehicles must be notified to us ASAP and must be pre-approved and pre registered with us prior to arrival.

 

We require all foreign plated vehicles on our private property to be pre-registered with us with vehicle registration details being required at least 1 week prior to your arrival.

 

4.  Spanish Regulations - Proof of ID

In accordance with Spanish Laws & Regulations, we are required to obtain copies of passports for all guests over the age of 16 years staying at our property.  Copies of all passports must be submitted to us with your final payment or no less than 2 weeks before arrival whichever is later.  Acceptable Photo Identity includes passport, driving licence or European photo identity cards.  You must ensure that a clear copy, without flash lighting, of all 4 corners of the Photo Identity are sent to us on time and as requested.

 

All personal information obtained from you will be treated in strict confidence, and in accordance / compliance with the General Data Protection Regulation (GDPR) & Data Protection Act 1998.

 

5.  Rental rates & payment methods

Our rental rates are dependent on your occupancy & group size.  The same rates are applicable for adults, children and infants with all children and infants being counted towards your group occupancy size regardless of age.  All guests should therefore be included in the total number of guests at the time of making your reservation.

One infant under the age of 24 months on the date of your arrival is included free of charge and a passport copy is required for verification.

Our rental rates and payment requests are quoted in GBP pound sterling.  We can also accept payment in Euros at the current prevailing exchange rate set by google GBP EUR currency rates. 

We reserve our right to refuse admission or charge an additional £39 per person per night (September – June) and £49 per person per night (July – August) for any additional guests staying at our Property or those not on the booking form, up to a maximum of 22 guests excluding infants.  If there are any changes to your booking, or you would like to add additional guests, please advise us immediately.  

 

You can pre-book additional guests at a discounted rate of only £29 per person per night (September – June) and £39 per person per night (July – August) only if these additional guests are included and or notified to us no later than 14 days after receiving your initial booking request.

 

6.  Paying and making further payments

You are required to make payment of the deposit and all balances subject to our rental licence contract.  Payment of the deposit and / or making further payments for your reservation constitutes the unequivocal acceptance of our Vacation Rental Licence Terms, Conditions & Agreement by you.  If you fail to make any further payments due to us in full and on time, you give us your unequivocal authority to automatically debit all charges that become payable from the payment source we hold for you, 7 days after the payments become payable.  Should any payment be declined, we may treat your booking as cancelled by you and we will hold you liable for the full rental costs, unless at our sole discretion we are able to secure a replacement for your Booking.  

 

7.  Damage security deposit

We require a nominal damage security deposit of £500 to be partially applied against the reasonable cleaning, damage, and/or replacement of our Property, furnishings, fixtures and fittings during your stay.  As this is only an insignificant security deposit, please note that your legal responsibility and accountability for damages sustained to our Property will not be limited to payment of your security deposit.

If you are leasing our Property with large groups, a number of different families, or with a large number of children and / or infants, you will be required to take out Property Damage Protection Insurance to cover any unforeseen or unreasonable damage that may arise to our Property. 

In the alternative after assessing any potentially increased risks involved, an additional £500 will be authorised on your payment card during your stay.  At our sole discretion we may also request an increased damage security deposit, hold the details of an additional credit or debit card in your or a parents name, and / or request a guarantor agreement to be signed by a responsible parent or any other party at our sole discretion.

We will return your damage security deposit less any deductions in accordance with the conditions contained in our contract, within 14 working days after your departure.  This is also conditional upon the return of all keys and all remote controls for our electronic gates to us, and upon our Property including fixtures and fittings being returned to us in a clean and undamaged condition. 

 

8.  Additional credit card/s security

We reserve our legal right and you hereby permit or authorise us to unequivocally debit all payments in respect of damages sustained to our property during your stay from the payment cards provided.

All damages which exceed the nominal £500 security deposit will become automatically deductible with your unequivocal authority from the credit or debit cards details used, authorised and being held by us for your reservation.  Any payment deduction from your credit or debit cards may include, and is not limited to the following, additional damages, additional cleaning, additional rental by overstaying your welcome, failing to leave or vacate our property on your departure date, our costs together with legal, professional and all other ancillary costs and charges to cover your eviction and removal from our property.

 

9.  House rules “Villa Manual”

Our house rules are contained in our “Villa Manual” and form an integral part of our Vacation Rental Licence Terms, Conditions & Agreement (“T&C’s”).  Our house rules contain very important information about what is expected from you and is available to assist you with the rental of our property and hopefully answer any questions that you may have whilst at our property. 

You agree to read our house rules within 30 minutes of checking in, report to us all damages or faults within 12 hours of your arrival, and observe our policies during your stay.  Failure to observe our rules would be deemed to be your unequivocal agreement to waive all rights after this period.

10.  Travel & Health Insurance

For total peace of mind when travelling to Spain, we strongly advise all guests to purchase comprehensive travel insurance to include health insurance for unexpected circumstances, including but not limited to accidents, emergencies, delays, missed flights, disruptions, flight cancellations, curtailment, and force majeure, which may prohibit you from travelling, fulfilling or complying with our licence terms of this rental agreement. Details of comprehensive travel insurance service providers, may be obtained from our website or travel provider.

 

11.  Your Accommodation - Arrival & Departure Times

We operate a fixed timetable with back to back reservations, similar to hotels for a major part of the year.  You can arrive at our Property any time after 16.00 hours (4pm) on the Arrival Date and you must leave our property by 10.00 hours (10am) on the Departure Date.  Unless otherwise agreed in writing, if you fail to leave by our 10.00 hours check out time, or arrive earlier that our 4pm check in time, you will incur an excess charge of £100.  If you fail to leave before 12.00 hours or arrive earlier than 10.00 hours, we will reserve our right to withhold your full security deposit.

Facilities for checking in or checking out, during our out of office hours are also available.   You are required to notify us at your earliest convenience your flight details together with your approximate check in and check out times.

You are also required to provide us with a copy of your inbound and outbound flight tickets (only for the main booking person), when booking your flights.  If your arrival will be delayed, you must contact us on: Tel: +34 64 36 28 550 (Spain) or +44 (0) 74 74 24 80 55 (UK) to enable us to make alternative arrangements for your expected arrival at our property.  If you fail to do so, you may not be able to gain access to the Property.  If you fail to arrive by midday on the following day (after the Arrival Date), and you do not advise us of your anticipated late arrival we may treat your booking as having been cancelled by you.

 

12.  Baggage & luggage drop off & storage

A limited 5 minute baggage drop off facility is available, prior to your 4pm check in time.  To take advantage of our service, you are required to notify us of your approximate arrival time, at least 2 days prior to your arrival.  If you fail to leave our property within 15 minutes of dropping off your luggage a charge of £50 will become payable.  If you fail to leave our property within 30 minutes of dropping off your luggage a charge of £100 will become payable.  If you fail to leave our property within 1 hour of dropping off your luggage we will reserve our right to retain your entire security deposit and demand from you an additional credit or debit card in your name for added security.

If your flight departs late in the evening, it may be possible for us to store your luggage and to allow you to return to our Property to collect your luggage at a pre booked time slot that is convenient for you.

 

13.  Welcome Pack

A FREE welcome pack is provided for you upon your arrival.  This includes a selection of fruits, local produce and the possibility of a complimentary bottle of house wine or cava.

 

14.  Services

(a)  Cots & High-Chairs For Infants

FREE use of 3 sleeping Cots and 3 High-Chairs are available at the Property.  Additional requirements are available upon request and rental rates will apply.

(b)  Grocery Service

If you are arriving on a public holiday or very late in the evening, we may be able to offer you a supermarket / grocery collection service ready for your arrival.  A 15% service charge will be added to your shopping bill and will become payable locally.

(c)  Free Swimming Pool Heating

​FREE Solar Pool Heating is provided for your stay and wellbeing. This is dependent upon the weather conditions and other factors.  You are required to cover the swimming pool with our telescopic sliding pool enclosure, when the swimming pool is not in use and also at night.  Pool heating should be adequate during the swimming season between the months April - October.  If you fail to cover the swimming pool, you will be charged an additional pool heating cost up to £500 to raise the temperature adequately for the arrival of our new guests. 

 

(d)  Additional Pool Heating outside the swimming months of October – March; through our high output 28kw electric air to water heat pump, is also available at a cost of £500 per week if required, CURRENTLY FREE.  This additional pool heating involves the combined heating of the swimming pool with solar and also with our powerful 28kw electric heat pump.

 

(e) Air Conditioning

The Property is Air Conditioned and heated to keep you comfortable during your stay. A fair and reasonable usage policy applies to protect us against unnecessary breakdowns and needless call out costs.  The fair usage policy takes into account seasonal demand, weather conditions and conditional upon the windows and doors being closed during the air conditioner use.  You also agree that our air conditioner units will be switched off during periods of absence or when you are outdoors.  If you or your guests damage or tamper with any of our air conditioners, room sensors and / or any other equipment, you will be held liable for their full replacement costs and / or forfeit your total security deposit, at our sole discretion.

(f) Central Heating

Our Main 6 bedroom Property is centrally heated during the cooler months of October - April, to keep you warm and comfortable during your stay.  During this time, apart from the air conditioning / heating units inside our glamping pods, all Air Conditioning units inside the main property will be inoperative.

(g)  Free Broadband Internet & 4G Wi-Fi

Our Property is provided with complimentary 4G wireless Wi-Fi access points for high speed broadband Internet for you to catch up with friends, family and business matters.  We disclaim total responsibility and accountability for this service, including but not limited to breakdowns, loss of service, poor or slow service, poor signals and maintenance during your stay.

(h)  5G Internet Wi-Fi

Unlimited 5G WiFi Internet is also available at a cost of £20 per day or £100 per week.  Payment for this service is payable locally on-site.  We disclaim total responsibility and accountability for this service, including but not limited to breakdowns, loss of service, poor or slow service, poor signals and maintenance during your stay.

(i)  Towels

Each guest will be provided with one set of clean towels, consisting of a face, bath & beach towel, together with clean bedding.  We also offer the option to replace the beach and bath towels after your 1st week at a cost of £5 per set if you are staying at the Property for longer than 1 week.  Payment for this service is payable locally on-site.

(j)  Midweek cleaning

A general 4 hour mid-week clean inside the main property is available if required at a cost of £100.  Payment for this service is payable locally on-site on a pre-booking service only.

 

(k)  Bed Linen

Bed linen will be provided for your stay.  A changeover of bed sheets and bed pillow cases is also available at a cost of £5 per single bed and £10 per double bed.  Payment for this service is payable on-site on a pre-booking service only.

(l)  7 Seat Private Taxi Service

We operate a luxury 7-seater SUV private taxi service on site for shopping, nights our, restaurant trips, tours or local trips into the town centre, at discounted rates, if and when required and subject to availability.

 

15.  Wheelchair for disabled guests

A wheelchair for one disabled guest is available on-site and charged at the current rate of £35 per week or as listed on our website.

 

16.  3rd Party intermediary service providers

(a)  Airport Transfers

Third party intermediary airport transfers are available and can be provided by a designated service provider.  Please bear in mind that this service is strictly between you and the service provider that has been designated for you.  We accept no responsibility including but not limited to force majeure, acts or omission, between you and any third party service provider, which may or may not result in any loss or damage being suffered by you or any of your guests.

(b)  Taxi’s / Cabs

Third party intermediary taxis & cabs are available and can be provided by a designated service provider.  This third party service is strictly between you and the service provider that has been designated for you.  We accept no responsibility including but not limited to force majeure, acts or omission, between you and any third party service provider, which may or may not result in any loss or damage being suffered by you or any of your guests.

(c)  Private minibus

A 10, 16 seat and 23 seats, third party intermediary private minibus service is available and can be provided by a designated service provider.  This third party service is strictly between you and the service provider that has been designated for you.  We accept no responsibility including but not limited to force majeure, acts or omission, between you and any third party service provider, which may or may not result in any loss or damage being suffered by you or any of your guests.

(d)  Catering services

Third party intermediary catering services are available and can be provided by a designated service provider.  This third party service is strictly between you and the service provider that has been designated for you.  We accept no responsibility including but not limited to force majeure, acts or omission, between you and any third party service provider, which may or may not result in any loss or damage being suffered by you or any of your guests.

 

17.  3rd Party intermediary web links

We disclaim total liability, accountability and responsibility for any third party providers including but not limited to, the accuracy and reliability of web links on our web sites, social media accounts, emails, text messages or promotional materials.  These are provided for your reference only and strictly without any responsibility or liability on our part. We have no control over any service provider or websites and disclaim total liability and accountability, including but not limited to their content, web security or service being provided by any company or individual. The inclusion by us, of any web links to websites is neither an endorsement nor relationship by us with any third party service provider.

You agree that we cannot be held responsible nor be held liable for consequential, direct or indirect costs or losses that you may suffer from any 3rd party service provider.

 

18.  Final cleaning fee

We charge a nominal and insignificant £385 cleaning fee against all bookings & reservations at our Property, which includes a major contribution towards the reasonable preparation and cleaning of all bed linen & towels.

As it takes 42 hours (approximately £400) purely to prepare the Property for rental and a further £300 for laundry, we stress that this fee DOES NOT include, nor does it excuse any guests returning of our Property in a filthy, grubby, soiled and wholly unreasonable and unjustified condition.

You are required to return the Property back to us in a clean and undamaged condition upon your departure.  Whilst we do not generally make any unnecessary charges for very minor wear and tear, any additional cleaning and / or laundry costs over and above what would be considered reasonable, including but not limited to neglect, disrespect, carelessness, bed wetting, blood stains, cigarette smoke, negligence, will be charged at £100 for an additional 2 hours clean, and thereafter at £50 per hour or part thereof.

 

19.  Pool cleaning

Our swimming pool is checked, cleaned and maintained for proper chlorine and PH levels, for your total safety and well-being.  We carry out this pool cleaning approximately 2 - 3 times per week or additionally if required.  This is carried out very early in the morning in order to minimise any disruption to your holiday vacation or to your guests.  All guests using our swimming pool must shower before using the swimming pool, and are required to remove all sun tan lotions, creams, bodily fluids, which could adversely affect the pool chemistry of our swimming pool and which could cause the pool to lose its clarity and become cloudy.  We reserve our right to make charges for any additional and reasonably incurred pool cleaning and pool chemicals used to maintain the correct pool chemistry for the pool during your stay.

We also reserve our right to secure a minimum charge of £500 on your payment card as a direct result of any neglect, carelessness and negligence if our swimming pool looses its clarity, becomes cloudy, dirty, filthy or murky.

 

20.  Grounds maintenance

The grounds at the Property are maintained to allow for lawn cutting and tree pruning.  This is usually carried out once per week or additionally before your departure date with some flexibility to respect you privacy and preference.

© Copyright

21.  Barbecue BBQ & outdoor cooking facilities

There are 2 Barbecues (BBQ’s) together with outdoor cooking facilities available at our Property.

(a)  A top of the range handmade charcoal BBQ will be provided for your perfect al fresco dining experience.  Charcoal for the BBQ is not provided, and can be purchased at the local supermarket / petrol station / convenience store.

(b)  For larger groups, you will also be provided with a gas BBQ.

(c)  An outdoor gas oven with gas hob is also available outdoors for your perfect al fresco dining experience.

 

Please note that due to health, safety and well-being of our guests, both BBQ’s and all outdoor cooking facilities will be provided to you in a very clean hygienic condition, and must be returned back to us in a similar & clean condition.  As it takes approximately 3 hours to fully clean and prepare each BBQ and the outdoor cooking facilities for rental, a reasonable cleaning charge of £30 will be levied against your security deposit, for each BBQ and outdoor cooker / oven which has not been returned clean after your departure.

 

22.  Outdoor Hot Tub / Jacuzzi

We have two outdoor Hot Tubs / Jacuzzi’s for your comfort, wellbeing and relaxation.  Both hot tubs are heated 24 hours per day with an Air Source electric Heat Pump. 

For smaller groups fewer than 12 guests’ only one hot tub / Jacuzzi will apply. 

We carry out cleaning of the outdoor Jacuzzi’s / Hot Tub’s a minimum of two times per week, very early in the morning so as to minimise any possible disruption to your holiday vacation or your guests. 

Due to health & safety, children under the ages of 13 are not permitted in or around the vicinity of the Hot Tubs without proper adult attendance and supervision at all times, and you accept full responsibility for your actions.  You also agree to ensure that the Hot Tub / Tubs are covered with the insulated solar thermal cover provided when not in use.

 

23.  Our listings, photos, description, representation, depiction - DISCLAIMER

Please note that we are constantly making improvements, modernisations and changes to our vacation rental home on a constant ongoing basis.  Accordingly, we do not guarantee the accuracy or reliability of any information given or represented . We unconditionally disclaim total accountability and liability including but not limited to, accuracy, omissions, description, warranties, mistakes, depiction, mistaken information, and representation of all information including but not limited to websites, third party listing sites & social media websites, e-mails, sms messages, documentation and literature available or provided to you.

The information, including without limitation to photos published or given on our websites, promotional materials, business cards, logos, emails, replies, messages, texts, calls, may without limitation incorrectly include mistakes, faults, errors, omissions, inaccurate, incorrect, or out dated photos, information and material, errors in rates or prices quoted, errors in availability, errors in sizes quoted, errors in the security deposit required, errors in description, errors in amenities, errors in distances, measurements, travel and journey times.

Where an error has been made on a rate or price quoted by us, or on any of our listings or websites, you will be notified of the error at our earliest possible convenience and given the option to either proceed with your reservation at the correct current rate.  Alternatively we reserve our legal right to terminate the contract with a full refund with no further benefit.

We disclaim total liability including but not limited to any breach of our agreement, negligence, personal injuries, death, damages to your property, other damages, costs, expenses and losses.  We will not entertain any refunds, including but not limited to delays in the preparation of our property before your check in time, nor cancellations, strikes, acts of government, acts of authority, civil unrest, epidemics, pandemic disease, force majeure and all other causes beyond our control.  We further disclaim responsibility and accountability for any additional expenses, including but without limitation to costs, charges, delays, omissions, acts of government, and acts of authority and any other matters which may arise in connection with our rental licence agreement or use of our website and you are advised to seek independent legal advice for clarification.

We are not obliged to offer or entertain any refunds or compensation for any direct or indirect loss that you may suffer.

 

24.  Property managers

The owners / managers of the Property Dorothy & Danny are available on-site in a separate, self-contained, soundproofed underground office / luxury apartment.  They manage the Property like a high end boutique hotel, and are available to assist you with any of your adventures and travel plans.  Whether you want to charter a boat, go on a balloon ride, arrange for a round of golf at our local golf course, or pick up of local grocery, this can be arranged for you. 

They also operate a 7-seater SUV private taxi service for shopping trips, nights out, restaurant trips, tours or local trips into the town centre, at discounted rates, if and when required, and have local partners with access to a 10, 16 and 23 seat private minibus service at preferential rates, for tours, days out, sightseeing and visits to all major theme parks, attractions, resorts, night outs, as and when required and subject to availability.

They are also available to assist with any health, medical, doctor or emergency issues and have access to a local private doctor for any unexpected emergencies and can offer free translation and mediation service whilst you are in Spain. 

Whilst they are very responsive to all of your requirements, they also offer you total privacy to the property and private use of the swimming pool at the Property.  The property and grounds including but not limited to the driveway and right of access is shared with the owners to enable them to undertake the pool maintenance & cleaning, hot tub / jacuzzi maintenance & cleaning together with maintenance, repairs and servicing of the property.

Please note that the gated entrance and part of the driveway is shared with the owners / management of the Property.  They have English, Spanish, Polish and Russian-speaking representatives that are on hand to answer any questions.

 

25.  Parking & remote controlled automatic gated entrance

FREE off street parking is provided for up to 6 car rental vehicles at our Property.  Vehicles must be parked reasonably, without any obstruction to other vehicles, or as instructed in designated areas during your stay.  Parking on the private road is strictly prohibited at all times. 

If you are travelling with any foreign plated vehicles, then please note that we require your vehicle registration details to be logged with us and agreed in writing prior to your arrival.  We reserve our right to refuse entry of any foreign registered vehicle on our private off street parking grounds.

Due to Health & Safety, wellbeing of our guests and insurance underwriters policy exclusions, we do not accept any camper vans, motor homes, R.V's, camping vans, caravans or large people’s carriers on our site.

Please note that our automatic gates are operated by electronic remote control, and must ONLY be operated by adults over the age of 18 years.  We reserve our right to make charges for all damage without limitation caused to our gates, gate motors or PCB circuit boards, which are caused by the wholly unreasonable operation of our gate motors without vehicular access.  We further disclaim accountability and liability for any loss and damage caused to any vehicles parked on our private Property or any damage caused by our gates to your, any third party vehicles or your guests.

 

26.  Your obligations & responsibilities

By entering into this short term vacation rental licence agreement you agree to the following:

(a)  You warrant that you are of legal age and all payment methods used by you including but not limited to credit cards and debit card details belong to you, or authorised to you.

(b)  You agree to check your booking form for the accuracy of all details you have provided, including but not limited to the arrival date, the departure date, the total number of guests and your full contact details.

(c)  You agree to comply with the house rules and regulations of our Property and any other regulations reasonably made from time to time, and to ensure that all members of your party observe them. 

(d)  Due to health and safety and in an effort to eliminate accidents and emergencies, you agree to keep the inside and outside areas of our property in a clean and tidy condition at all times and you further agree not to place any items whatsoever on top of our telescopic pool enclosure.  Nor must you allow any person, child or infant to walk on our telescopic pool enclosure.

(e)  You agree to remove from our swimming pool all items including but without limitation to pool inflatables, toys, balls, water guns, fishing nets and clothing, before ending your day.  In an effort to eliminate heat loss and to reduce any potential risk of drowning, you further agree to close the telescopic pool enclosure before ending your day.

(f)  You agree to remove all items, including but without limitation to sun loungers, cushions, inflatables and glassware from the grass lawns before our water sprinkler system kicks in no later than 22:00 hrs (10pm).

(g)  Due to health and safety and in an effort to eliminate pest control services, you agree to place all household waste only in bin liners and to transport to the local communal dumpster when full at all times.  You further agree not to stockpile or place any rubbish / household waste in any part of our property, pods or grounds.

(h)  You are held personally responsible for the actions of other people, including any guests or visitors they might have, within the Property including any unreasonable noise, nuisance or disturbance which they may make.  You agree to respect the peace and enjoyment of other neighbouring properties and to limit the peaceful and reasonable enjoyment of music till midnight.  We reserve our right to issue formal cautions, or upon receiving complaints from any neighbouring properties or if the local police are called out to the Property.  Furthermore, we reserve our right to terminate your rental and require you to leave our Property, if we feel that our rental licence or establishment is threatened by your unreasonable conduct or actions.

(i)  After 12 hours of checking in, you agree and accept full responsibility accountability and liability for any damaged goods, damage to the Property or damage to anything else related to the Property or owners belongings, whether caused by you or your accompanying guests or visitors.  You agree to keep and leave the Property together with all fixtures and furnishings, both inside and outside, in a clean, undamaged and reasonable condition throughout your stay.

(j)  You agree not to cause any damage to the walls, doors or windows of the Property, nor to rearrange the make-up of our Property including the moving of furniture, fixtures and fittings nor moving any of the indoor furniture, fixtures and fittings outdoors without our written consent, or to do anything that may be reasonably considered to cause a nuisance or annoyance to any other neighbouring properties.  Nor can you take any pet into our Property at any time without our written consent.  If you do so, we can refuse to hand over the Property to you, or can require you to leave our Property.  We will treat any of these circumstances as a cancellation of the booking by you.

(k)  You agree to take all necessary steps to safeguard your personal belongings at the Property.  No liability to you is accepted in respect of damage to or loss of such Property, except where the damage or loss is caused by our gross negligence.  You are required to check our Property immediately upon your arrival.  Faults that are found before or during the rental period must be reported to us immediately and within 12 hours of your arrival.  Complaints, issues, damages or faults must be reported to us in writing only by email, sms, or whattsapp messenger, within the first 12 hours of your arrival.  After this period, you agree to waive all subsequent rights.

(l)  You agree to report to us immediately, all damages that you or your guests have incurred to our property to enable us to undertake the necessary repairs or replacement of items before the arrival of our new guests.

(m)  You also agree to take all necessary steps to safeguard our rental Property and to keep all windows and all doors closed when the Property is left vacant or unoccupied to safeguard our belongings. 

(n)  You agree not to invite or to allow any other persons or guests access onto our Property, other than guests which are documented on your booking form.

(o)  You also agree not to invite or allow access to our Property, to absolutely anyone (excluding members of your group and us) without our written consent.

(p)  You agree to ensure that each member of your party is covered by comprehensive travel insurance (including but not limited to, cancellation, flight delays, loss and damage to baggage, belongings, cash, passports, documents and cancellation of your reservation by force majeure) and health insurance (including evacuation and repatriation coverage).  You also agree to bring along with you, any European Health Card or equivalent for your country, for the duration of your stay. 

(q)  You agree to ensure that all children, infants and persons with disability or guests requiring assistance are supervised at all times in order to avoid without limitation, accidents, emergencies and drowning and you unequivocally agree that we disclaim total responsibility and / or accountability for your actions.

(r)  You agree to allow us or any representative of ours, without limitation, access at any time during your stay for the purpose of, including without limitation, essential repairs, maintenance, servicing  or emergencies.  

(s)  You agree not to sublet our Property, use our Property for hire and reward, or any events, functions, photo shoots or any other service without our written consent.

 

27.  If you cancel or amend your reservation

We allow a 7 day cooling off period to cancel any reservation at our Property.

 

If you cancel your reservation within 7 days of receiving our written confirmation, we will refund the full balance of any money you have paid us, less any credit or debit card processing fees, bank or PayPal fees we may have incurred and a £50 administration fee.

After the initial 7 days cooling off period, all reservations at our property are strictly non refundable and non transferable. Nor can your booking be cancelled after this date. If it is indispensable for you to cancel or amend your reservation, you must contact us in writing immediately by email to sales@albatrosvilla.com or sales@vacationrental.es.  A cancellation will not take effect until we receive written confirmation from you, and we have acknowledged receipt of your cancelation request.

If you cancel your reservation after our initial 7 days cooling off period and have made part payment for your reservation, we reserve the right to retain the amount of the part payment paid, and to request full payment unless and until such time and at our sole discretion, we are able to secure an alternative booking, for your booking dates. 

If you cancel your reservation after our initial 7 days cooling off period and have made full payment for your reservation, we reserve the right to retain the full rental amount paid, unless at our sole discretion, we are able to secure an alternative booking, for your booking dates. 

If you wish to amend your reservation (at least 90 days before your arrival), for an alternative date, you may be charged an additional fee of 40 - 80 %, depending on the likelihood of us being able to secure an alternative reservation for your original dates.  Our decision to amend your dates and the additional fees imposed are dependent on the notice period given to secure an alternative reservation and factors giving rise to your cancellation notice. See 2a and 2b above.

                             

If your vacation is cut short, or if for any reason you terminate your stay before your departure date, you will not be entitled to any refund and will still be liable for the full rental price under the terms of this licence.

 

28.  If we cancel or amend your reservation

We would not expect to make any changes to your booking, but sometimes impediments or emergencies may occur and we may have to make alterations, or very occasionally cancel bookings, in cases such as, but without limitation to, force fire, flooding, earthquake, storms, hurricane winds, acts of god, act of government, act of authority, emergency maintenance, wilful or negligent damage by a previous guest, current guest failing to depart or vacate our property, death, illness, accidents and emergencies.

We will not offer any refund nor accept any accountability, liability or responsibility where the performance of our responsibilities is curtailed or prevented directly or indirectly as a result of government proscription which prohibits us from lawfully rendering or performing our service without imitation to protests, riots, violent protests, government restrictions, lockdowns, civil unrest, strikes, and closures.  In these circumstances our services will not be rendered and you will not be entitled to any refund.

We may also treat your reservation as cancelled if you fail to send us your completed booking form, fail to make any payment, fail to send us the documents requested within the period specified, or give us any reason to believe that doubts have been cast on your reservation and reasonable integrity.

If this happens, we will contact you as soon as is reasonably practical and inform you of any cancellation or change to your booking.   If it is necessary for us to cancel your booking, we will refund the full amount of any money you have paid to us, or offer you at our sole discretion and subject to your approval, an alternative holiday accommodation (subject to availability) on a similar like for like basis at no additional cost.

 

29.  Termination by you after arrival

You are required to check our property prior to unpacking any of your belongings, within one hour of your arrival.  If for any reason you are not entirely happy with our property we will be happy to offer you on a strictly “Without Prejudice” basis a full refund less a 20% cancellation fee which is conditional upon you leaving our property within 2 hours of your arrival.  You agree that any complaint, including but not limited to compensation, grievance or criticism made by you after this time cannot and will not be entertained by us and you agree to accept our property “AS IS” expressly waiving any subsequent complaints including but not limited to any claim for damages, compensation, for any direct, indirect or consequential loss.

If for any reason you are unhappy with our property and you fail to leave our property, within the first 2 hours of your arrival, we will deduct payment for the rental of 1 day and refund to you the balance of all monies, less the cleaning and damage security deposit by bank transfer upon your departure from our property.

 

30.  Termination by us after arrival

Your licence agreement will be terminated by us with immediate effect if we, our staff, personnel, employees, workmen, feel threatened by your or your guests actions during any part of your rental licence agreement, including but not limited to verbal abuse, assault, attack, punching, beating, stabbing, spitting, physical contact, violence, threats, use of inappropriate, vulgar language, swearing, intimidation, bullying, extortion and abuse of our house rules and property policies.

 

31.  Overstaying your welcome and failing to check out / depart on your departure date

If you or any of your guests fails to vacate our property on your departure date, any unauthorised stay will constitute a serious breach of this agreement.  You unequivocally agree and give us unequivocal consent to debit the following payments from the credit card details that you have provided as additional security for your stay.

(a)  Extending your stay by 1 day, without our written consent will be charged on your credit card at the rate of £1,000.

(b)  Extending your stay by 2 days, without our written consent will be charged on your credit card at the rate of £1,500 per day.

(c)  Extending your stay by 3 days, without our written consent will be charged on your credit card at the rate of £2,000 per day.

(d)  Extending your stay by over 4 days, without our written consent will be charged on your credit card at the rate of £3,000 per day.

If payment on your card is declined or you do not hold sufficient funds in your account, you unconditionally and unequivocally agree to reimburse us with the full costs listed above.

 

32.  Force Majeure

All guests are required to purchase comprehensive travel insurance.  We will not pay any compensation nor accept any liability where the performance of our responsibilities is prevented directly or indirectly as a result of force majeure by acts or omissions which are well beyond our reasonable control including but not limited to, fire, flooding, earthquake, hurricanes, acts of terrorism, acts of vandalism, extreme weather conditions, acts of god, natural disasters, failure in our electric supply, failure in our water supply, failure in our gas supply, failure in any of our utilities, failure in our internet services. 

 

33.  Complaints

Every effort has been made to ensure that you have an enjoyable and memorable stay. 

You are advised to check our Property and facilities immediately upon your arrival and to report to us in writing by sms text, whatsapp, viber or email, any unforeseen faults or concerns that you may have within the first 12 hours of your arrival.  It is important that you allow us to take corrective action as soon as possible, and you advise us immediately during your stay so that any issues can be promptly resolved.   

It is often extremely difficult (and sometimes impossible) to resolve difficulties properly, unless we are swiftly notified of any damages or faults. Discussion of any criticisms and disparagements with us whilst you are in our residence will usually enable shortcomings to be rectified immediately. In particular, complaints of a transient nature including but not limited to the preparation, cleaning, cooling or heating of the Property cannot possibly be investigated unless reported or registered with us whilst you are in our residence.

If any complaint cannot be resolved during your stay, you must write to us with full details within 24 hours of your departure date to sales@albatrosvilla.com

 

Any complaints by you which have not been raised during the initial 12 hours of your stay will not be entertained by us under any circumstances whatsoever.

34.  Reviews & comments

Whilst most reviews are generally written by reviewers who show the utmost respect and admiration for our very high standards and passionate hard work of our establishment, there may be times when the booking party or some guests shows total disregard, disrespect, ignorance and impertinence to our house rules and reasonable policies by choosing to unlawfully avenge their anger by writing and submitting totally unsupported, unfounded, vindictive, spiteful, malicious libellous, slanderous, defamatory, suggestive, false, fake, untruthful, fraudulent, questionable, objectionable, offensive, unsubstantiated and severely damaging reviews.

Any negative reviews and comments that you make on any review site including but not limited to our websites, other listing sites, social media sites and the internet can be extremely damaging and cause severe harm and substantial financial loss to our unblemished establishment.  This can ultimately severely affect our potential income, prospective bookings, business and establishment.

You unconditionally and unequivocally agree to indemnify us on an "indemnity basis" , without limitation to costs, our substantial fees, all legal costs, legal counsel / barrister / attorney fees, claim for substantial damages, court fees and interest on all sums awarded by the courts and occasioned by your or your guests actions.

Unless you have specifically raised the issue of any complaint to us in writing whilst at our property, including but not limited to your opinions, grievance and criticism, of our property, features or facilities, you unconditionally and unequivocally accept to waive any subsequent claim for compensation or financial reward, and further unconditionally and unequivocally accept to waive your right to blackmail and or submit any review or testimonial of our property or services during or after you have vacated our property.

You are strongly advised to seek independent legal advice before writing, blackmailing or threatening to write any unsupported, prejudiced, unfounded, subjective, slanted, biased or libellous, review and which could have severe implications, consequences and repercussions on your assets, possessions, belongings and finances.

 

35.  Our limited liability disclaimer

Our maximum liability for losses you suffer as a result of us acting in breach of these terms and conditions is strictly limited and any losses, which are a foreseeable consequence of us breaking the agreement or caused by our negligence, up to the total cost of your reservation with us.  You agree not to hold us liable for indirect or consequential loss or damage. Losses are foreseeable where you and we could contemplate them at the time your reservation is accepted by us.

You agree to supervise all children and infants at all times whilst staying at the Property, and you agree not to leave them unattended at any time, and you agree to accept full responsibility for your, and your guest’s actions.

We repudiate liability and disclaim accountability for all incidents at our property, including but not limited to slipping, personal injury, illnesses, sickness accidents, emergencies, other health or medical related issues, drowning’s, deaths, or damages caused to you or your guests whilst you are at our Property during the provision of our agreement unless specifically caused by our negligence.

Noting in our T&C’s limits or excludes our liability to you for death or personal injury resulting from our negligence or statutory legal rights that cannot be limited or excluded.

Liability on our part can only be established if it is proven that we had been negligent by failing to exercise reasonable care and skill.

 

36.  Intellectual Copyright & Trademarks

The contents of our websites, including but not limited to web design, photos, graphics, logos, literature, advertising materials, trade names, booking forms, terms & conditions, villa manual, house rules, etc., are protected by intellectual property rights and copyright © 2018 Vacation Rental Albatros Villa. All rights reserved. 

 

Use of our website, literature, or materials without our direct written consent for the purpose other than making a reservation is strictly prohibited.  

Duplicating, replicating, modification, mimicking or publication of our website or material including but not limited to photos, description, T&C’s, villa manual, house rules and maps, in whole or part is strictly prohibited.  

 

Legal action will be taken against any person infringing any of our copyright and trade materials.

 

37.  Your indemnification agreement

You agree to indemnify us including but not limited to our personnel, agents, employees, and new guests that we may have after you have vacated our property against any costs, losses, damages, cause of action, claims, fines, penalties, demands, expenses, legal fees, accountancy fees, loss and damage caused by the loss of our rental licence, brought or claimed by any third party as a result of your acts, omissions, breach of the peace, abuse of the law, third party rights, caused by “including but not limited” to your breach of our agreement, our services and use of our website.

 

38.  Law

The law of Spain governs the contract between you and us, and you agree that the Spanish Courts will deal with any dispute, matter or other issues, which arises between us. 

In the alternative, where legal action is commenced against you, the law of the United Kingdom will govern the contract between you and us, and you unconditionally and unequivocally agree that the United Kingdom Courts will deal with any dispute, matter or other issues, which arises between us. 

These terms and conditions and any matters contained within them are subject to change at any time without prior notification, full details or the latest copy may be found or published on our www.VacationRental.es website or reasonably requested from us anytime.  All modifications shall be deemed your unequivocal acceptance to be bound by our T&C’s.

 

Any invalid or unenforceable provisions of our T&C’s will not affect the validity or enforceability of our remaining provisions which will remain with full force and outcome.  You are advised to visit our website periodically or contact us for a copy of our latest T&C’s because they are legally binding and enforceable upon you.

If we are found liable for any loss or damage caused to you, which arises as a direct result of this short term licence agreement, our liability, accountability and obligation will not exceed the proportionate rental cost for the days that you may have vacated our property.

                                                                                                                                                                                                                                                                                 

© Copyright