LUXURY HOLIDAY VILLAS IBIZA means us, company acting as a independent agent “mediator” for both tenant and landlord.
TENANT means you, the person, firm or company who becomes a party leader of the property either by his signature on the contract or, in its absence, by the reservation payment.
LANLORD means the owner or his/her representative of the property.
CONTRACT means the document that is formalized in rental agreement of the property between the owner and you.
Our website “www.luxuryholidayvillasibiza.com” is an Internet venue where visitors can search for properties that are available for rent. We don’t own any of the properties listed on its website, nor are involved in the renting out any of properties listed on the website directly. In the event that a visitor books a property for renting, that visitor will enter into a contract directly with the owner of this property.
Therefore the purpose of Luxury Holiday Villas Ibiza is to facilitate visitors who want to rent a property in finding a suitable accommodation for his holidays and entering into an agreement with the owners of that property, so we can not be held liable for the actions of either party or the same consequences.
When making a reservation for property, the following general terms and conditions shall come into effect and shall govern the rental agreement for a seasonal accommodation signed by you as a “tenant” and the owner of the villa as a “landlord”.
1. Reservation and Contracting
1.1 In order to carry out a reservation, once you have chosen a property and read this terms and conditions please contact us with your choice. Having verified the availability with the owner and previously formalized by filling out your personal data and that of the owner we will send the you by e-mail the contract of the property required in which all the details of your reservation are indicated specifying the conditions and payment also, all prior signed and accepted by the owner. From that moment you will have an option of 5* working days to confirm the booking sending by email to us the following documentation:
I.- Receipt with date and stamp of the bank, stating the reservation payment of 50% of the total rental price to the owner bank account reflected in the contract.
II.- The contract signed by you.
III.- A copy of your passport or identity card.
1.2 When you receive the contract, please check all details on it. We recommend you keep a copy for your own reference. The person who signs the contract certifies that he/she is authorised to agree to its terms on behalf of all persons included on the rental agreement, including any persons who may be substituted/added at a later date. The signatory must be a member of the party occupying the property and must be 21 years old or over.
1.3 Your signature on the rental agreement or, in its absence, the reservation payment on account of 50% of the rental price entails the acceptance and understanding, without reservations, of this genaral terms and conditions and you agree to pass on them to all members of your party, as they govern the property rental and everyone in your party.
1.4 Receipt and banking of any deposit does not constitute acceptance of any booking. A binding contract exists when the owner confirm us that has received your transfer in his account, moment at which the booking is considered firm and we will immediately confirm you by email.
1.5 If reservation payment of 50% has not been deposited in the landlord’s bank account on the due date of the contract, usually with a maximum of 5 working days after received, the owner reserves the right to cancel your reservation without prior notice. The tenant shall then not be entitled to claim for or demand the fulfilment of the reservation.
1.6 The 50% of the remaining rental price shall be paid in the same account you made the reservation payment and provided that this amount is deposited no later than 30 days the entry into the property. Non-payment of the remaining rental entitles the landlord to refuse the tenant access to the property until the total payment is done, where in this case would be allowed to entry but only in the range of entry and exit dates prior agreed in the contract. If the tenant past the exit date and still not paid the remaining balance, the landlord will be also entitled to full payment of the price agreed in the contract.
1.7 If the confirmed reservation is done 30 calendar days or less before the beginning of the rental you will have to transfer the entire rental price.
1.8 Some properties may have different arrangements for payment of reservation and balance. If applicable, this will be explained at the time of booking and reflected in the contract/agreement.
(*) Except for last minute bookings (these are bookings made 30 days prior to arrival date), for which the confirmation time is 2 working days.
2. Prices and Included Services
2.1 Prices indicated for property are nightly rental prices with all taxes and fees included. These prices include either all the expenses attached to the use of the property; usual consumption of water, gas, electricity, particular household items and maintenance service for the swimming-pool, gardens and other facilities if available, which are noted on each property description and in the additional documents sent through with the contract. The rental price does not include phone or heating (indoor or of the swimming-pool, if necessary) consumption.
2.2 Most of the properties are provided with house linen (bed sheets and towels) except for the beach and pool towels. This is normally changed minimum at the end of each week. If you require more frequent changes you should request this at the time of booking, for which there may be an additional cost to pay at the end of the stay. We recommend that you take your own cot linen for your baby’s comfort and hygiene.
2.3 When a cleaning service is provided, the staff will ensure that all surfaces and floors in the house are cleaned. The cleaning staff is not responsible for bed making and personal cleaning. All properties normally include this service minimum once a week. If you require more hours you should request this at the time of booking, for which there may be an additional cost to pay at the end of the stay. Maid service during your stay is often available at extra charge
2.4 Some owners include ‘end-of-stay’ cleaning by a professional cleaner in the rental price, but most ask for a fee in cash. If the house is left in an unacceptable condition (eg. dirty kitchen appliances and crockery), the owner may withhold further monies from your security deposit (based on a guide figure of €12 Euros per hour extra cleaning) over and above the normal ‘end-of-stay’ cleaning fee.
2.5 Some Properties have different arrangements of included services. This should be mention it clear at the time of booking and should be reflected in an additional document.
2.6 At the beginning of the rental, the tenant shall receive keys and key ring. The key ring with all keys must be returned on departure. For each missing key or gate opener, a sum of 100€ shall be retained from the security deposit.
3. Concierge Services
3.1 We do our best to arrange the finest suppliers for concierge services. However, these will be provided by a separate company and we are unable to guarantee their performance or otherwise be liable for their services. Please note however that we do not take any commission, nor do we act as agent in respect of these services. Payment for these services is normally made on location, although some suppliers may require a deposit to be paid prior to departure for items such as food. Where the supplier asks us to collect and pass on such deposits to them this does not give rise to any liability on our part for these services.
4. Security Deposit
4.1.- A security deposit shall be handed over to the landlord on the day of arrival at the property so that the tenant may take responsibility for non-fulfilment of the terms and conditions hereby established as well as for any possible damages or breakages(of any nature whatsoever) and for cover any extra charges incurred by the tenant which might occur at the rented property. Non-payment of the deposit entitles the landlord to refuse the tenant access to the property and may lead to cancellation of the rental contract and loss of the sums paid.
4.2 The deposit will be fully returned on the day of the Tenant’s departure once it has been checked that the property has not suffered any damage. In order to check the good condition of the property the landlord reserves 14 days from the completion of the contractual relationship so that all the necessary verifications can be carried out. Delays may arise whilst waiting for utility bills as proof of damage. All security deposits are fully returned within 75 days of departure.
4.3 If the security deposit paid by you is not sufficient to cover the cost of such utilities and/or services or damage, the owner is entitled to recover any additional costs from you.
4.4 In the unlikely event that any dispute as to the amount of final charges to be deducted from the security deposit arises, we will, at your request, intervene with the owner to authenticate the claimed damage and mediate the dispute. However, since we have no facility for fact-finding or adjudicating the dispute, in most cases it will accept the owner’s word as to the fact and the extent of the damage
5. Cancellation by the Tenant
5.1 The Tenant has the legal authority to cancel the booking at any moment. Any such cancellation must be communicated to us by way of a written advice, signed by you and sent by email. We take no responsibility for non-delivery or non-receipt of the notification of cancellation from you. The effective date of cancellation is the date we receive written notification and will determine the following cancellation penalties:
I.- Up to 90 days prior to the date of arrival, the penalty will correspond to 25% of the total rental price.
II.- If the cancellation occurs between 31 and 89 days prior to date of arrival the penalty will correspond to 50% of the total rental price.
III.- Cancellation less than 30 days prior to the date of arrival will result in the payment of 100% of totall rental price.
5.2 In case of a cancellation by the tenant we will endeavour to obtain a replacement for the landlord, and this is often possible. If a replacement is obtained, the landlord will then refund all payments made by you, less any difference between the price you paid for the property and the price paid by the replacement tenant.
5.3 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Claims must be made direct to the insurance company concerned.
5.4 No liability can be accepted and no compensation will be paid by the landlord and us, where the tenant or his personal property (and/or any person in the tenant party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the landlord are prevented or affected, by “force majeure”.
6. Force Majeure
6.1 In this contract/agreement “force majeure” means any event which neither we nor the lanlord could not have foreseen or avoided for alteration, delay or cancellation of your holiday because of war, or threat of war, riot or civil strife, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, strikes, action at an airport or port by any governmental or public authority, technical problems relating to transport , airport regulations, technical, mechanical or electrical breakdown with your accommodation and all similar events or Acts of God beyond our control.
7. Death or Personal Injury
7.1 We are not responsible for death or personal injury to you or your party unless we have been negligent. If the negligence is that of the owner, your recourse must be against such person. Most properties have dangers such as engine rooms, electrical boxes, swimming pools, dry stone walls, un-gated access to roads, steep staircases, unfenced drops, etc… so you and your party must take care.
7.2 Children must always be supervised by adults. You are responsible at all times for the safety and behaviour of your children, especially with regard to swimming pool safety. All swimming pool use is at your own risk. Even if the pool area is fenced or has an alarm, accidents can and do happen. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool. Any gyms are used at the sole discretion of the party. Children under 16 are forbidden to enter and use a gym.
7.3 You shall accept full responsibility for any accidents caused by or arising out of your own negligence, misuse of property or failure to comply with applicable statutes and regulations. Equally, no claims of any sort will be entertained by us nor the owner in the event of incidents occurring whilst occupants or guests are under the influence of medicaments, alcohol or any drugs, whether therapeutic or not.
8. Security and Valuables
8.1 Any valuables left at the property are left at your own risk. When provided, burglar alarms must be activated, safely used and proper care be taken against theft and burglary. It is essential and your responsibility to ensure all doors, shutters, windows are closed and locked when leaving the Property. It is your responsibility to advise the landlord immediately in case of burglary.
8.2 Neither we nor the landlord accept responsibility for any loss or damage due to theft or any security related incident however caused. No refund can be given should you decide to vacate the property as a consequence of a burglary unless it can be proven that the landlord has failed to inform you of anti-burglary systems in the property.
9.1 In addition to the medical and belongings insurance described above, you must ensure that you and all members of your party have sufficient travel insurance in place to cover you, together with your personal property, at all times and for all potential risks. You must ensure that your insurance covers you for the full duration of your holiday including, but not limited to, medical expenses, injury, death, repatriation, cover for damage to the property, cancellation and curtailment of your trip, and in respect of any sports or activities that you wish to do whilst on your holiday. Evidence of sufficient cover will need to be provided at the time of booking.
9.2 Neither we nor the landlord can be held responsible for any problems arising out of the organisation of insurance.
10. Amendings by the Tenant
10.1 If, after your booking is confirmed, you wish to amend your booking (i.e. the chosen date of departure or the rental period), we will try to accommodate these changes, but it may not always be possible. Any extension of the rental period may require you to transfer to a different property (second property) for the extended part of the rental period.
10.2 If you are unwilling to transfer to a second property for this extended part, you may make another booking for another property (replacement property) for the total revised rental period (further references to a property shall include any such replacement property), however, shall apply to any cancellation of your booking for the original property.
10.3 In any of the amending situations described above compensation will not be paid, nor will liability be accepted, other than offering alternative accommodation and always subject to availability.
11. Our liability and that of the Landlord
11.1 As we act only as a mediator between you and the owner we cannot accept any liability for any act(s) or omission(s) of the owner or anyone representing, or employed by, the opwner. For all arrangements, your contract will be with the owner. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the owners. We are not a property management company.
11.2 Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by any third party such as an owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question.
11.3 The owner reserve the right to refuse a booking without giving any reason. In case that, due to unforeseen and non-fource majeure reasons which are not attributable to us, the property cannot be occupied, the owner must inform us by writing an email and shall provide them with an alternative solution consisting of other accommodation of equal or superior characteristics. If this option is not possible or the change is not accepted, the booking shall be cancelled and the Owner shall refund immediately, within 7 days, all monies paid by you.
11.4 The tenant is not responsible for the general functioning of the house, water pumps, pool, electricity, airconditioning, etc… if it ceases to function during your stay the Owner is obliged to fix it as soon as possible. It is a reality however that sometimes it simply isn’t possible to find a contractor or repairman on a Sunday afternoon to fix the swimming pool filter or the broken television.
11.5 Neither we nor the landlord accept responsibility for disruption of local services beyond our control, for example water supply, electricity and telephone/internet systems. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering, construction works, noise or disturbance originating beyond the boundaries of the property or which is beyond the owner’s control. In the event that a source of reasonably obvious disturbance or noise has been in existence prior to your arrival and be informed in writing of it by owner, we will contact you immediately to inform you of the disturbance.
11.6 Where the property is advertised as having sky/digital television, we cannot guarantee access to as many channels as you may receive at home. Any requests for access to specific channels must be made in writing to us at least 30 days before the rent commencement date.
11.7 The makers and hosters of this site can not be held responsible for the use that is made of it.
12. Tenant Behavior
12.1 The tenant is responsible for keeping the property and all its contents and grounds in the same state of cleanliness, repair and condition as at the commencement of the holiday. Also will be responsible for the payment for any breakages, loss or damage caused to the property. When you go out, you must lock all windows and doors securely, and connect the alarm system if any. The Owner reserves the right to make deductions from the security deposit for any extra cleaning, over the number of hours committed to departure cleaning, and to claim against you for damage or loss, the cost of which exceeds the security deposit.
12.2 If you or a member of your party break or lose anything of the property, you must tell us so the owner can arrange replacement or repair to the highest standards, which is what other tenants will expect. You must not try to rectify the problem yourself.
12.3 The number of persons who may occupy the property may never surpass the number which is stipulated in the contract; children and babies are counted as persons for the purposes of occupation. In the event of a greater number of persons, the owner has the right to either prevent the tenants having access to the property, without prior notice and without any right to refund or compensation, or increase the rental rates which it considers appropriate in accordance with the price per person per day of the rented property. Pets will only be admitted in the rented property as long as permission has been sought previously and admission has been confirmed in writing by the owner.
12.4 If you intend to organise a function (e.g. party, wedding, cocktail party, photo-shooting, etc… ) at the property, you must seek prior written permission from the owner. Please note that you shall respect the normal standards of cohabitation among neighbours and the municipal ordinances currently in force, therefore music and any type of noise must be kept to a minimum between the hours of 11 pm and 9 am daily. The organization of parties without the relevant municipal licence is not allowed in Ibiza.
12.5 The tenant is responsible for the correct and decent behaviour of all members of the party. Should you or a member of the party not behave in such a manner, the owner may use their absolute discretion to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required, either by the Owner or his/her representative, to vacate the property immediately. Neither we nor the owner will have any further responsibility toward such person(s), no refunds will be made or pay any expenses or costs incurred as a result of the termination.
13. Incidents and Claims
13.1 Any incident or complaint concerning the rented property shall be communicated by phone or email to us within 48 hours of your arrival, we will then forward to the owner directly to try to solve the problem as soon as possible. If, despite everything already done, the problem has not been solved to the tenant’s complete satisfaction, the tenant shall notify such by written advice sent to our email or fax, during the first 5 days of their stay. Once this period has elapsed, no complaint shall be considered as lodged. The complaint will be transmitted at once to the owner and we will communicate his answer to you. In the absence of a solution or agreement, only the courts of Ibiza will be qualified. We don’t accept liability for incompliance of bad compliance of the landlord.
13.2 If the tenant sets up a claim against the landlord because of incompliance or bad compliance, we will pass on the claim immediately to the landlord. On request of the tenant, we will also give the tenant the data of the landlord needed to settle his/her claims. We are at your disposal during your whole stay in order to solve all the little matters and to help you enjoy a happy stay.
13.3 Tenants who leave the accommodation prematurely without respecting the times and the steps of claim, they lose all rights to claim reimbursement possible from the landlords. You must give the landlord the opportunity to try to resolve any problems or complaints you may have whilst you are at the property. Complaints lodged at the end of the rental period will not be taken into consideration. Similarly, complaints made after departure from your home can not be verified and, therefore, can not be considered for any possible return.
14. Website Content
14.1 This website is constantly being upgraded, altered and amended as and when we receive different prices, conditions and alterations from the owners. Thus it is not a brochure which has a beginning and end date, however therefore it is possible that information and prices may have changed by the time that you decide to book a holiday. Therefore we emphasize that it is essential that at the time of booking you check all details, verify all prices of accommodation any other extras which we may arrange on your behalf.
14.2 The descriptions we receive from the owners are transcribed faithfully into our web page and to further ensure shall be joined with these conditions with the owner’s signature. If in spite of all precautions your rental object does not correspond to the description given, we, as intermediate service agency cannot be held responsible for faults (due to concealment, omission, hidden faults…) or changes made by the owner.
14.3 Where we state that we have personally inspected the property(ies), this is to ensure that they are of the general standard of property we wish to include on our website and thus guarantee that the owner’s data and photos of the property correspond with reality but we are not responsible for small changes or differences that may arise because of the concealment of the owner.
15. Arrival and departure
15.1 Hour of arrival at he properties: between 15 h. and 17 h. local time. Times of departure from the Properties: between 9 h. and 11 h. local time. If the tenant cannot arrive at the date envisaged in your rental, for whatever reason he should imperatively inform us as soon as possible.
15.2 Some properties may have different arrangements for the arrival and departure time. At all events this will be explained at the time of booking and reflected in the Contract/Agreement.
16. Access to the property
16.1 The owner or their representative shall be allowed access to inspect the property prior to your departure. They also have a right to access the property during your stay to carry out urgent maintenance. Gardeners and pool maintenance staff enter the grounds during your stay, normally very early in the morning. In any of this cases we will tell you in advance and try to keep any disruption to a minimum, except in an emergency.
17. Passports, visas, documentation, health requirments
17.1 You are responsible for all members of your party’s travel and health documentation (passports, driving licences, vehicle registration documents, green card, motor insurance etc) and for any consequences arising from failure to carry correct documentation or to comply with all relevant passport or visa requirements.
18. Jurisdictional Submission
18.1 For any divergence that is provoked between the parts in order to the interpretation and/or fulfillment of the present contract the parts are put under, with express resignation to any other law that could correspond to them, to the jurisdiction of the courts of Ibiza.