Terms and conditions for rental and booking
Waldemar Beck SL
carr. de camping (CD30)
43580 Deltebre / Urb. Riumar (Spain)
hereinafter referred to as - MARISOL
You as the lessee of our holiday homes
hereinafter referred to as - guest.
As of: 01.10.2013
Please note that by requesting a booking you accept these conditions; therefore, read fully and carefully the following text
1. Formalisation of the rental agreement
With the booking request the guest accepts the formalisation of a binding rental agreement with MARISOL. The reservation request can be made by Internet, telephone, fax or phone. The guest also performs the agreement for the number of persons stated in the reservation request, for whom the guest will be contractually obliged to respond in the same way as they would for themself. The rental agreement will be adjusted in accordance with the acceptance by MARISOL. Acceptance will not be needed in any particular way. When the agreement is formalised or immediately after, the guest will receive a booking confirmation. If the contents of the booking confirmation differ from the content of the reservation request, there will be a new offer by MARISOL, which will be valid for 14 days. The agreement will be adjusted based on the booking confirmation. It shall be deemed accepted by the lessee if they have not exercised their right to object in writing within 14 days.
The contractually agreed services shall be as shown in the description of the rented holiday house available on the website www.marisol.es. However, MARISOL reserves the right after the execution of the agreement to modify the service for objectively justified reasons, of certain importance and of an unforeseeable nature. If the service is changed, the guest shall be informed immediately after the change occurs or whenever MARISOL becomes aware of it. The subsidiary agreements that modify the scope of the deliverables contracted must be in writing and require confirmation by MARISOL.
3. Modification of services and price
Any change or difference of the specific services with regards the content of the contract agreed which are necessary after finalization thereof, and that have not been caused by MARISOL contravening the principles of good faith, shall be permitted only if the change or difference in question is not considerable and does not reduce the overall size of the rented holiday home. This does not affect guarantee rights in the event that the modified services present deficiencies. MARISOL will be obliged to notify the guest without any delay about the possible changes or differences in the services. In this case the guest will be offered a free change of booking or the free cancellation of the contract. MARISOL reserves the right to adjust the rental rates published and confirmed with the reservation in the event that the reservation covers more than one season. In the case of a sudden change in the holiday price, but not later than 21 days before the start of it, this should be brought to the attention of the guest. Price increases will not be permitted after this time. If the price increases by more than 5%, or if a significant change occurs in the rented property, the guest is entitled to terminate the agreement free of charge, or demand a change of booking for a holiday home at least the same, as long as MARISOL is able to deliver this at no charge to the guest. The Guest must enforce those rights against MARISOL in writing immediately after the declaration by MARISOL to increase the price or modify the services rented.
Upon receipt of the reservation request, payment of 25% of the rental must be forwarded within 10 working days. Twelve weeks (three months) before the date of arrival a second payment must be forwarded for the same amount. If between the reservation request and the date of entry into the house there are less than 12 weeks (three months), a single payment must be forwarded amounting to 50% of the rental. The outstanding rental balance and additional expenses (final cleaning, linen package, bike rental, use of air conditioning, extra bed, etc.) specified in the rental agreement and / or reservation request will be made in cash on-site. Different arrangements are possible, but these should be agreed previously. An on-site deposit may be required of €100. .
To determine whether their transfers were received by the deadline date, the date received in one of our accounts, or the account of the agency will be valid. If payment has not been made by the end of the payment period the guest´s payment will be automatically outstanding.
Upon delivery of the keys a deposit of €100, in cash will be required. When the holiday house is returned correctly to our staff this deposit will be refunded.
Just some of the reasons for withholding the deposit include: lost keys, damage to the leased object, a dirty barbeque, fireplace, grass or plot (for example, dog excrement). If the damages found exceed the fixed deposit, the guest will liable for the excess expenditure.
5. Termination by the guest, change of booking, other people
If the host cancels the agreement or does not start it, MARISOL may require compensation for lost profits corresponding to being unable to rent it. The amount of our right to compensation, taking into account the expenses usually saved and the possible use of the property by someone else shall be governed by the lump sum amounts indicated below:
up to 112 days (4 months) before the date of arrival €30 for handling fee
between 111 and 84 days before arrival: 25% of the rental
between 83 and 42 days before arrival: 50% of the rental
between 41 and 8 days before arrival: 75% of the rental
7 or less days before arrival and in the case of no show: 100% of the rental
For the corresponding calculation MARISOL or the intermediary agency must receive, a written statement of cancellation. To calculate the rental the number of accompanying guests is irrelevant. The guest can prove that there has been no damage or loss of value, or that the damage or loss of value produced is substantially lower than the corresponding lump sum.
5.2 Changing a booking
If after making the booking request the guest would like to modify or change a booking, if this is possible, the lump sum amounts for cancellation provided in paragraph 5.1 shall not apply. However, this will be on the condition that a new rental for the holiday house is possible. In that case the rentals shall compensate each other and the differential amount possible will be paid or refunded.
5.3 Other people
Until the beginning of the holiday the guest may request that instead of them, the rights and obligations of the rental agreement be transferred to a third party. MARISOL may oppose this transfer to a third party if this does not meet the specific requirements or if the laws or regulations of the relevant authorities impede this.
If the agreement is transferred to a third party, they and the guest will respond as joint debtors before the holiday organizer for the rental and additional expenses for this third party transfer. The possible booking changes must be processed as provided in 5.2.
5.4 Written Form
In your interest and for evidentiary reasons, statements of termination, cancellation, changes in the reservation and modifications must be carried out in all cases in writing.
6. Unused services
If the guest does not use certain services provided because of an early departure or for other compelling reasons, MARISOL, on the basis of its own contractual obligations to the owner, will attempt to repay the expenses saved. This obligation shall not apply if it concerns completely irrelevant services or if the legislation or the competent authorities oppose it.
7. Cancellation and termination by MARISOL
MARISOL may cancel the rental agreement before the holiday or terminate it after arrival in the following cases:
a) The termination will take place without notice...
If the guest disrupts the execution of the agreement permanently despite receiving the requirement to refrain from doing so from our personnel.
If the guest exceeds the maximum number of persons indicated for the holiday.
If they behave in a manner contrary to the agreement which would cause the immediate cancellation of the contract to be justified.
If the termination without warning is declared by MARISOL, the right to claim the rental without modification will continue to exist. Ancillary costs are recalculated taking into account the time of departure from the house and will be reimbursed on-site.
If necessary, our personnel have instructions to conduct the eviction from the house, even with police intervention.
b) The ordinary termination with a notice period of 7 days will automatically occur if the deposit is not received.
The guest´s payment will be automatically outstanding at the end of the second payment period if the second payment has not been received into the account. The delay may entitle MARISOL to terminate the rental agreement. Guests will assume cancellation charges referred to in paragraph 5.1. The payment of the balance will be due immediately.
8. Keeping of Dogs
Dogs are welcome in Riumar. All the houses which allow dogs to be kept are identified as such on our website. When requesting the reservation you must indicate, where appropriate, that you will be bringing a dog. Upon delivery of the keys you must satisfy an additional €20 lump sum for final cleaning. Guest will be responsible for animals that they bring with them. You must ensure that dog excrement is removed immediately. Our staff have instructions to retain part of the deposit proportional to the how dirty the house is because of the dog.
9. MARISOL´s Responsibility
MARISOL will respond, in keeping with the due diligence of a business person, in terms of the desired preparation, the careful selection of holiday homes and that the description provided on our website is correct, as well as the reservation request, except when before the execution of the agreement MARISOL has declared a modification of the data in accordance with paragraph 3. This is without prejudice to possible errors or misprints.
If an agreement is not fulfilled according to agreement, the guest may require the correction of non-compliance stated within a reasonable time. MARISOL can also correct the non-compliance by making the equivalent replacement service.
10.2 Reduction of the price of the holiday
The guest may require the corresponding decrease in rental (price reduction) depending on the duration of the breach of a service provided in the rental contract. The price reduction shall not apply if the guest culpably omits the immediate communication to MARISOL about the deficiency concerned indicating a reasonable term to address it. Written communication should be used by the guest. However, verbal or telephone communication is also possible. If the deficiencies can be overcome in a short period of time, there will be no right to price reduction.
10.3 Termination of the agreement
If your stay at the holiday home is significantly disrupted as a result of a deficiency and MARISOL has not remedied it within a reasonable time, the host may terminate the rental agreement in accordance with the law (it is within the guest´s own interest and for reasons of evidence that the termination in question is stated in writing). The guest will owe MARISOL part of the share of the rental corresponding to the services used.
10.4 Compensation for damages
In addition to exercising their right to a price reduction or termination of the contract, the guest may demand compensation for damages for non-compliance, unless the failure is due to circumstances not attributable to MARISOL.
11. Limitation of Liability
Any complaints of any kind shall be made by the guest to MARISOL on-site and before leaving the house. After returning the house to MARISOL the guest does not have any right to demand accountability.
11.1 MARISOL’s contractual liability for damage that does not affect health or physical integrity is limited to twice the rental amount.
-If guest damage were not caused intentionally or gross negligence or-
if MARISOL is solely responsible for the damage by the guest.
11.2 In case of delictual liability, liability for property damage not due to wilful or grossly negligent conduct will be limited for the rental period to the amount of €400.
11.3 MARISOL will not be responsible for abnormalities of the services which are merely brokered in terms of third-party services. In this case the provisions of who is to make the service shall apply; guests will be granted access to these provisions if they so wish. By making a payment or prepayment, the guest expressly agrees to such provisions.
12. Obligation to cooperate
If service anomalies occur, the guest is obliged to cooperate within the framework of the law to prevent or minimize potential damages. The guest is obliged in particular to bring their complaints to the attention of our staff without delay. MARISOL will remedy any abnormalities within a reasonable time, if the correction is possible. If the guest culpably omits the communication of a deficiency they shall not be entitled to a reduction in price or compensation for damages.
13. Exclusion of claims and expiry
Any claims due to the equipment in the holiday home differing from the agreed contract must be made by the host to MARISOL without delay, at the latest the next day.
14 Intermediary agency of MARISOL
These agencies are service providers which act independently. Their function is to broker contracts between guests and MARISOL. No further brokerage commission is charged for its activity. Your contractual partner in any case is only MARISOL - Waldemar Beck SL, Deltebre (Spain).
15 Customs regulations, passport, visa and health
Guests are personally responsible for complying with all customs, passport, visa and health regulations. The costs of noncompliance or ignorance will only be on account of the guest.
All personal data made available to us will be protected against misuse, in accordance with the applicable laws.
17. Ineffectiveness of specific provisions
The ineffectiveness of the specific provisions of the rental and reservation conditions will not result in the ineffectiveness of all conditions. If the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the law.
19 Place of jurisdiction
The place of jurisdiction and fulfilment is Tarragona, Spain.
riumar family resort
Waldemar Beck SL
Owner: Mr. Waldemar Beck
carr. de camping (CD30)
43580 Deltebre / Urb Riumar
Tel. +34 977267714
Mobile: +34 634327646
Internet: www.marisol.es; www.riumar-family-resort.de