Standard Contract Terms

1. General

These terms are an integral part of the agreement between you (below referred to as ‘the Contract Partner’) and EnjoySpain Costadelsol, Sociedad Limitada, Fuente Del Baden II 57, 229780 Nerja, Malaga. Phone +34 616 02 33 11. Hereafter called EnjoySpain.

2. Entering a contract

By using our online platform or by making an e-mail order or reservation you are entering into a contract with EnjoySpain. The obligations and rights arising from the contract or reservation will be effective for you and for EnjoySpain immediately.

EnjoySpain confirms receipt of the booking electronically.

2.1 If deposit is not received (paid) within 5 days from receipt of the order/reservation, EnjoySpain may dispose of the reserved property as it sees fit.

2.2 If you have any special requests the booking agent can only accept them on a non-binding basis. You have no legal right for such request to be fulfilled unless it has been confirmed in writing by EnjoySpain.

3. Extra Services/prices

3.1 Normally all prices for extra services are available on EnjoySpain.com, and can be booked directly and paid for online at the platform, but in some cases when it is not mentioned on the site prices of laundry, cleaning utilities, final cleaning and local taxes are not always included in the rental price and are payable locally per person and/or according to consumption.

Additional services requested by the customer and which could not be booked online will be payable on arrival.

3.2 The minimum rental period

is 3 days. Arrival and departure days are always calculated from Saturdays, so if uneven days are chosen there might be a mark-up for these days. This will automatically be calculated and shown when you search on the portal, and be included when you order.

3.3 The infrastructure services are not part of the responsibilities of EnjoySpain.

4.0 Payments

The total rental for the booked rental property is payable before the travel date, as follows:

30% of the total rental for the reserved rental property is payable online immediately when ordered.

The balance remaining must be paid to EnjoySpain by not later than 6 weeks prior to the start of the rental period. In the case of short-notice reservations of less than 45 days before the start of the rental period the total rental is payable immediately at the time of booking and must be paid to EnjoySpain on the online portal.

If the balance amount is not paid on time, or the total rental in the case of short-notice bookings,
EnjoySpain may refuse to provide services.

Payments by credit or debit card will be debited by EnjoySpain Costadelsol, Sociedad Limitada, Fuente Del Baden II 57, 229780 Nerja, Malaga

4.1 Cancellation costs

If you withdraw from the contract, we will invoice you the following cancellation charges:

  • 43 days or more before the start of the rental period: 15% of the rental
  • 42 to 29 days before the start of the rental period: 50% of the rental
  • 28 to 21 days before the start of the rental period: 80% of the rental
  • 20 days or less before the start of the rental period 100% of the rental

The relevant date is the date of receipt of your notification (cancellation) which needs to be sent to rental@enjoyspain.com

Cancellation insurance can be added to the rental of the property. The policy is provided by

Europäische Reiseversicherungs AG, St. Alban-Anlage 56, Postfach, CH-4002 Basel (Schweiz).

Claims arising from the insurance policy may only be made by the policy holder against the insurer.

It is recommended that the traveling party also takes out an additional travel insurance.

4.2 Price changes

Care has been taken in preparing the property descriptions and price calculations. Nevertheless,
we cannot completely rule out the possibility of amendments to services or price changes. You will
be notified of these at the time of booking and at the latest in the reservation confirmation. The
details given on the reservation confirmation will apply.

Although changes to services after conclusion of the contract are unlikely, they cannot be completely ruled out. If there is a major change to a material point in the contract, you have the right to withdraw from the contract without charge within five days of receipt of the notification.

Payments already made will be refunded without delay.

We expressly reserve the right to effect price increases up to 22 days before the start of the rental
period on the following grounds: raising or introduction of taxes and duties on specified services
and/or changes in exchange rates after conclusion of the contract.

If prices are increased by more than 10%, you will have the same rights as detailed in the previous
paragraph.

4.3 Change to services,

Alternative rental and cancellation of the contract by EnjoySpain

EnjoySpain has the right to rescind the contract before or during the rental period if unforeseeable or unavoidable circumstances make it impossible to hand over the rental property, endanger the hirer or the property or impair the provision of services to such an extent that it is no longer reasonable to fulfill the contract.

Alternatively, you may, if notified by us before starting your journey, request us to provide a rental property of at least equivalent value within 10 days if we are able to offer such a property from our range without any additional cost.
EnjoySpain is under no obligation to pay compensation in any of the instances referred to in section 4.3

5. Arrival and departure;

Curtailment or extension of stay When the final payment has been made in full and not more than
6 weeks before your arrival date you will receive the travel documentation showing you as the authorized hirer for the rental property booked. You should hand this voucher to the keyholder on arrival.

The location for the handover of keys on arrival and departure will not necessarily be at the holiday home or resort. You must follow the arrival times in the travel documentation, normally between 16.00 and 20.00, and must depart before 10.00.
The arrangements for arrival shown in your travel documentation are binding; exceptions cannot be guaranteed and must be agreed in good time with EnjoySpain or directly with the keyholder.

If you are unable to take over the property as agreed, e.g. because of increased volume of traffic, strikes, etc., or for personal reasons, the rental will remain payable in full. The same will apply if you vacate the property early. If you would like to extend your stay, you should discuss this as early as possible with the booking agent. During the season, it may be necessary to wait at the office where the keys are to be handed over.

5. Occupancy

The rental property must only be occupied by the specified number of persons (including children
and infants). The keyholder may refuse to accept additional persons or invoice them separately.

In the event of over-occupancy, the keyholder is authorized to refuse to hand over the key and/or
to immediately take the key back during the holiday.

6. Additional duties of the hirer

6.1 Security deposit

If you have entered a EnjoySpain membership, and been approved you don’t have to pay a deposit at arrival.

If not a member of EnjoySpain, A security deposit must be lodged on taking over of the key.

You will find the amount of the security deposit, and the payment method (in cash or by credit card) in the travel documentation. If the security deposit is not provided, handover of the property may be refused.

6.2 Duty of care

The rental property must be carefully looked after in use. Local house rules apply, and consideration
must be given to neighbours (noise, behavior).

6.3 Kitchen cleaning

Cleaning of the kitchen furnishings, crockery and cutlery is the responsibility of the hirer (and is always not included in the final cleaning).

6.4 Barbecue cleaning

Responsibility for the cleaning of the barbecue, if that is supplied at the property, is always upon the hirer. If it isn’t cleaned sufficiently, the cleaning will be done and charged the hirer.

6.5 Liability for damage

If the hirer or co-users cause any damage this must be reported immediately to the keyholder.

The hirer is liable for any damage caused by him/her or co-users.

The same applies if the apartment cannot be handed over to the next hirer. Any loss or damage may be offset against the security deposit or if an EnjoySpain member the amount will be charged on your credit or debit card. (paragraph 6.1).

7. Duty to report faults and period for registration of claims

Should the condition of the property not be in accordance with the contract, or if you suffer any injury, this must be reported immediately to rental@EnjoySpain.com or the keyholder. If the latter is unable to rectify the fault within a reasonable time, it is imperative that you inform travel@EnjoySpain.com immediately. If notification is not given immediately on commencement of the rental it will be assumed that the property is free of any defects. The same rules apply if any fault occurs during the rental period.

External circumstances and specific regional circumstances such as the presence of insects, stray dogs, unfavourable weather conditions or the condition of official nature trails do not entitle hirers to claim compensation.
Keyholders are not authorized to recognize claims or to issue legally binding statements. Any claims that cannot be settled immediately by the EnjoySpain must be notified in writing to the travel@enjoyspain.com within four weeks from the end of the contractual rental and the necessary evidence submitted (photographs, confirmation of the keyholder or the local office, etc.). If you fail to comply with the above regulations and registration period you will forfeit all rights to compensation.

8. Liability of EnjoySpain

Statutory liability for loss or damage other than personal injury (e.g. damage to property or financial loss) is limited to the rental (with claims from all persons involved being counted together). If the services of EnjoySpain become subject of international conventions or national laws which further limit or exclude its liability, those conventions or laws will apply. EnjoySpain will not be liable if the loss or damage is caused by any of the following:

  • acts or omissions on your part,or on the part of a co-user;unforeseeable or unavoidable omissions by third parties who are not involved in the provision of contractual services;
  • force majeure or events which EnjoySpain, the intermediary or support personnel (e.g. keyholders)were unable to foresee or prevent despite exercising all due care;
  • use of swimming pools, children’splay areas, sports facilities of all kinds (such as tennis courts, football pitches, training facilities). The use of such facilities is at the participant’s own risk;
  • damage and losses resulting from theft or burglary;
  • public access roads and personal injury or material loss caused by these;
  • liability for support personnel is expressly excluded.

These terms and conditions apply analogously to non-contractual liability.

9. Statutory period

Compensation claims against EnjoySpain, contractual rights reserved, expire by limitation after
one year. The statutory period begins on the day following the end of the rental period.

11. Choice of law and place of jurisdiction

The relationship between you and EnjoySpain is subject to Spanish law. Any legal proceedings may only be brought against EnjoySpain Malaga. EnjoySpain may take legal action against the customer at their place of domicile or in Spain.

Valid from 15/10/2018