Your Holiday Rental Agreement

BonaSOL standard terms and conditions

 

These terms and conditions apply to all BonaSOL holiday rental agreements. You will be given a copy as part of your contract.

The Rental Agreement and Contract (the Agreement) is a legally binding agreement made and entered into as from the reservation date shown on the accompanying Holiday Rental Agreement form and made between the undersigned Client and BonaSOL, the management agent for the property owner, pursuant to which the Client has agreed to rent the property described on the accompanying Holiday Rental Agreement form for the total rental fee.

Occupancy

The Client agrees that no more than the maximum occupancy shall be permitted in the Property at any time during the rental period, and all of whom shall at all times comply with the conditions and restrictions imposed upon the Client under this Agreement.

Condition and use of the property

The Property is provided in ‘as in’ condition. BonaSOL shall use its best efforts to ensure the operation of all amenities in the Property, however BonaSOL shall not be held responsible for any items failure to work, but will make every effort to correct any issues as reported as quickly as possible. The Client acknowledges that the use of amenities such as swimming pools, terraces, kitchen appliances etc. may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and so such use is at the Client’s own risk.

The Client shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in a clean and sanitary condition at all times. The Client, and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or otherwise inconvenience neighbours. The Client shall not use the Property for any immoral, offensive, on unlawful purposes, nor violate any law, community or urbanisation rules, nor commit waste or nuisance on or around the Property.

Guests are reminded that the laws in Spain may differ from those you are used to. Local Police are employed by Town Halls to enforce tourist laws and regulations, these include noise and disturbance, being drunk in public, and any other form of unsociable behaviour. In addition, be advised that some developments (urbanisations) have their own private security services who are empowered to detain. These urbanisations may have their own strict rules about noise, parties, and disturbances.

 

Default

If the Client should fail to comply with the conditions and obligations of this Agreement, the Client will surrender the property and at the same time remove all the Client’s belongings and leave the Property in good order and free from damage. No refund of any portion of the total rental fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.

Assignment or sublease

The Client may not assign or sublease the Property or permit the use of any portion of the Property by any other persons who are not family members or guests of the Client and included within the number of and as permitted occupants under this Agreement.

Indemnification and risk of loss

The Client agrees that all personal property, furnishings, personal effects and other items brought into the Property by the Client or their permitted guests and visitors shall be at the sole risk of the Client with regard to any theft, damage, or destruction or other loss and BonaSOL shall not be responsible or liable for any reason whatsoever.

The Client also covenants and agrees to indemnify and hold blameless BonaSOL, their agents and any contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, or fees incurred by the Client, permitted guests or visitors or agents, representatives or successors of the Client due to any claims relating to destruction of the Property or injury to persons or loss of life sustained by the Client or family and visitors of the Client in or about the Property, and the Client expressly agrees to hold BonaSOL, and its agents harmless in all such cases.

Release

The Client hereby waives and releases  any claims against BonaSOL, the Property Owner and their successors, assigns, employees or representatives, officially or otherwise, or any injuries or death that may be sustained by the Client on or near or adjacent to the Property, including any common facilities, activities or amenities. The Client agrees to use any facilities or amenities entirely at the Client’s own initiative, risk and responsibility.

Entry and inspection

BonaSOL reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters, or other authorised persons. If BonaSOL has a reasonable belief that there is imminent danger to any person or property, BonaSOL may enter the Property without advance notice. BonaSOL may also enter the property without advance notice if a complaint of a serious nature has been made and the door is not opened after knocking or ringing the doorbell/entryphone system either for the purposes of leaving a formal notice, or to meet with the client. In the event that communication with the client is not possible, for whatever reason, BonaSOL reserve the right to enter the property to leave a written notice or other communication.

Unavailability of the property

In the event that the Property in not available for use during the rental term due to reasons, events or circumstances beyond the control of BonaSOL, BonaSOL will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy, location, and value that meets the reasonable satisfaction of the Client. If such a replacement property cannot be found and made available BonaSOL will return all rental payments made by the Client, whereupon this Agreement shall be terminated and BonaSOL shall have no further obligations or liabilities in any manner pertaining to this Agreement.

Additional terms to this holiday rental agreement

In addition to the standard terms described here, the Client acknowledges and agrees that the following additional terms and conditions apply to the Client’s rental of the Property:

General provisions

This agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications shall be void unless the same are in writing and signed by both the Client and BonaSOL.

This agreement shall be subject to and governed by the laws of Spain. The terms ‘Client’ and ‘BonaSOL’ shall include their respective heirs, successors, and representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach. If any provision in this agreement is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included on the attached Holiday Rental Agreement form, and or into the rented accommodation. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. The execution of a digital signature shall be deemed a valid signature.

Payments

Payment for short stays (up to 4 weeks) will usually be made in advance. Longer stays may be subject to staged, or monthly, payments. Invoices may be issued for rent, and or utility payments if applicable. Payment is required on receipt.

Cancellation policy and payment terms – holiday rentals

  • Full payment is normally required by BonaSOL at the time of booking.

 

  • Cancellation by YOU more than 60 days before the date of arrival will entitle you to a refund of 50%.

 

  • Cancellation by YOU less than 60 days before the date of arrival will not entitle you to any refund.