Terms and conditions VillAndalux

Article 1 
1. These general conditions apply to all bookings with VillAndalux or Appartementen Nerja. If and sofar for certain holidayhomes bookings obtain abnormal conditions, apply these abnormal conditions above the general terms and conditions.
2. In these terms and conditions shall apply:
• VillAndalux: VillAndalux, the company that offers to one or more persons against payment accommodation of  a third  (private) party. Appartementen Nerja is part of Villandalux. All conditions that apply to Villandalux also apply to bookings made through Appartementen Nerja.
• Lease agreement: The agreement whereby VillAndalux itself against its counterpart
undertakes to provide a (landlords) accommodation.
• Tenant: the counterpart of VillAndalux.
• Tenant: The person who enters into the agreement with VillAndalux.
• Tenant: He for whom or on whose behalf the tenant enters into the agreement with VillAndalux.
• Tenant: the person who, in accordance with Article 9 of these conditions, entered in the agreement in the place of the original counterparty of VillAndalux.
3. The tenant must realize that VillAndalux rent out holiday apartments of private third parties and he must in all cases accordingly to draw and behave.
Be aware, GROUPS OF YOUNG PEOPLE ARE NOT ACCEPTED. Exceptionally, groups of youngsters are accepted, but only after consultation in advance and on payment of an additional security deposit.
4. Under the rented holidayhome is defined the holidayhome
with garden, terrace, yard, other buildings, swimming pool (s), inventory, tools and all at
the corresponding holidayhome belonging (im) movable things.

Article 2 Booking and payment
1. VillAndalux is authorized to change the prices, when between the booking and booked holiday a time limit expires on 7 months or longer.
2. By sending the completed reservationform on our website, the tenant declares that he read and agree to the terms and conditions.
3. The rental agreement is established as soon as the reservationform (via Internet) is received by VillAndalux (or once the booking is made by telephone) and the availability is confirmed by VillAndalux.
This under the condition that the owner still can decide within 24 hours after receipt of the
bookingsform,-for whatever reason-, that let in that period is not possible. 
If above mentioned happen, and the tenant suffers damage, VillAndalux excludes any liability for the invoking of this condition subsequent.
The tenant receives the final written booking confirmation by email.
4. Within 5 days after the date of the booking, the deposit of 50% of the
total agreed rental fee and the booking fees and any additional fees has to be credited on the bankaccount of VillAndalux. Unless otherwise agreed in a writing agreement.
5. The final payment of 50% of the rent and possibly payable damage deposit 
must be credited on the bankaccount of VillAndalux  8 weeks before commencement of the rental period. Unless otherwise agreed in writing agreement.
6. If the rentalagreement is established less than 8 weeks before arrivaldate, the entire
rent, including other costs, need to be transfered at once (by phone or via internet banking) to the bankaccount of  VillAndalux,  within 24 hours of receipt of the booking confirmation and invoice.
7. For late payment of amounts, the tenant automatically becomes in default.
VillAndalux sends a reminder by mail. If the amount due within 7 days after the date of the reminder is not in possession of VillAndalux, the agreement shall be deemed to have been canceled in which case VillAndalux is entitled to charge cancellationfees
as defined in Article 10 of these conditions. Already paid
funds will be settled with the cancellationcharges.

Article 3 Rent
1. The stated prices are per week payable unless otherwise mentioned or 
agreed in writing. The rental fee and additional costs are mentioned on the website and 
booking confirmation / invoice.
2. Saturday is generally the day of arrival and day of departure. Different changeover days are
possible, this will always be confirmed in writing to the tenant. On request and depending on
availability a stay can be extended per day. The arrival and departure day are considered as a whole day. 

Article 4 Safety deposit
1. In all villas rented by VillAndalux, a safety deposit is required.
2. In some cases, the safety deposit has to be paid to VillAndalux and it other cases the deposit has to be paid locally to the owner / keyholder. When the safety deposit has to be paid to VillAndalux,  it must be paid together with the final payment 8 weeks before arrivaldate.  After the rental period, the safety deposit, will be returned within 14 days of your return, provided no damage is reported. VillAndalux can unfortunately take no liability for refunding the safety deposit or for deduction from the deposit.
3. If the deposit has to be paid locally, then it must be paid in cash upon arrival. The deposit is generally returned to the tenant on departure minus any incidental costs or damages caused by the tenant (for example costs for breakage or damage) or extra cleaning. Sometimes the safetydeposit will be returned to your bankaccount.
4. The payment of the safety deposit locally and its returning  is a matter between the
owner / keyholder and the tenant. VillAndalux accepts no liability for damage caused by this sorts of problems.
Note: make sure you  have an insurance that covers serious damage caused by you to the rented holidayhome.

Article 5 Liability tenants
1.De tenant is responsible and fully liable for the rented accommodation. The tenant will fully reimburse fortwith all damage to property caused by tenants, by joint tenants or any visitors, to the owner or manager. A by the tenant observed damage has to be reported directly to the owner or manager.
2.If the damage was caused during the rental period, the renter is responsible for the damage, unless the contrary is proved. If this damages exceeds the amount of the deposit, the tenant is obliged to pay still more. The determination of the damage after the departure of the tenant, doesn't reduce the liability of the tenant. Damage also includes damage caused by, or related to damage, destruction, breakage, loss, fire, theft, etc. 3.De tenant is responsible for all keys that are handed over to him. For the loss of one or more keys is  Euro 50,00  per key replacement charged plus any costs for a locksmith. If one or more keys to exterior doors are missing, then the tenant is also liable for the replacement of the locks.
4.Almost every holidayhome has a television. Usually there is even a satellite television. The tenant is not entitled to reset these television channels. If the preset TV channels are lost, a technician has to visit the property to reset these channels. The renter is liable for the costs of this technician.
5.If the compensation for the damage is not fully reimbursed locally,  the tenant continues unabated liable for the remainder. All additional costs, such as collection costs shall also be borne by the tenant.

Article 6 Additional costs
1. A booking fee of € 30 is payable for each booking. These costs are listed separately on your invoice.
2. In general, the cost of electricity, gas, water and final cleaning are included in the price, unless otherwise stated. For winterlets normally electricity is not included and will be charged locally, unless otherwise stated.
3 On request tenant can ask for a cot, if available and against a fee.
4. Any tax is a local tax, if applicable, should be payed for locally

Article 7 Travel Documents
Upon receipt of the entire rent and may be payable deposit and the other amounts by
tenant owed, the tenant receives about 2 weeks before the date of arrival the travel documents. In here appointments, address, directions and details of your holidayhome.
Article 8 Arrival and departure
1. Normally saturday is the day of arrival and day of departure. Different changeover days are possible, when agreed in writing.
Arrival time is between 16:00 and 19:00 on the day the
rental period begins (unless the owner uses other times), from that time, the holidayhome is
available for the tenant.
2. Arrival after 19.00 and before 21.00 is possible in consultation with the owner / keyholder possible, with intervention beforehand by VillAndalux.
3. Check in after 21:00 is only possible on request and approval by the owner / keyholder, in some cases there will be a surcharge. VillAndalux has no influence and is not liable for any damage whatsoever if it appears that arrival after 21:00 is not possible.
4. Tenant has to leave the house on the last day of the rental period before 10.00 am. Unless
otherwise agreed in writing.
The house is swept clean and be left behind tidy. The dishes must be clean, empty dishwasher, fridge empty. The garbage should be deposited in the containers. All furniture are in place. 

Article 9 Amendments by tenant
1. Any amendment to this Agreement shall require the express written permission of VillAndalux.
2. Any change in an already made reservation VillAndalux charge a fee of € 50, -.
3. Up to 4 weeks before the day of arrival tenant may request for a change in the rental agreement. 
(For example to set someone else in his place). This change will as far as possible be
allowed. Condition is that the tenant pay the revised rent in accordance with the
arrangements as referred to in Article 2. On the requested amendment shall as soon as possible be
decide. Rejection will be explained by telephone or in writing (email).
4. 4 weeks prior to arrival, changes  usually will not be possible.
5. When a request for a change in the booking or reservation is rejected and tenant
nevertheless maintains to his request to amend, this will be considered by VillAndalux as a cancellation of the rent and the cancellation conditions of Article 10 shall apply.

Article 10 Cancellation by the tenant
1. If the tenant wishes to cancel the contract, he will be charged for the cancellation and booking fees.
2. The tenant must cancel during office hours. If outside office hours will be canceled,
the cancellation is deemed to be made on the next working day (Monday / Friday).
3. VillAndalux is entitled to cancel the agreement if the tenant is in default and / or otherwise in the cases described in these terms and conditions.
4. If canceled before the period of 8 weeks before the start of the stay, is the tenant an amount of
50% of the total rent due.
5. If canceled within the period of 8 weeks before the start of the stay, is the tenant the full rent due
6. In case of premature termination of the stay, is the tenant the full rent due.
7.We strongly recommend you take out cancellation insurance.
8. Reservation fees are not refundable.

Article 11 Amendment by VillAndalux
1. VillAndalux has the right to amend the agreement or to dissolve because of
compelling circumstances. Described conditions meant that fulfillment through VillAndalux not reasonably can be expected (for example: sale of the rental property, death of the owner, fire, withdrawing of the holidayhome of the rental market). If VillAndalux and / or the owner in whole or in part are not being able to fulfill the contract by them through war, strike, natural disaster, fire, extreme weather conditions, death owner, restrictive government measures or any other extraordinary circumstance, the contract can be dissolved by them without the tenant has any claim to any compensation.
2. VillAndalux is entitled in such a case, to offer an alternative in the form of an equivalent holidayhome. In such case VillAndalux will do its utmost to achieve the best possible alternative offer. If this is not possible or the tenant accepts the alternative offer not, then the rent paid will be refunded.
3. Liability for any other / additional and / or delay damages, is not accepted by VillAndalux, unless the damage is the result of intentional and / or deliberate recklessness of VillAndalux.

Article 12 Liability
1. VillAndalux accept no liability for damages or inconveniences of any kind
by the tenant and others suffered as a result of and / or in connection with, his stay in the holidayhome.
VillAndalux accepts no liability for loss, theft, damage or injury of any nature whatsoever caused to or by tenants through VillAndalux rented holidayhomes.
VillAndalux accepts no liability for loss, theft, damage or injury of any nature whatsoever caused to or by owners, landlords, managers or their representatives of holidayhomes for which VillAndalux mediates.

2. VillAndalux never accepts liability for:
a) photographs, brochures and other promotional materials issued under the responsibility of third parties
b) manifest errors or mistakes on its website or other notices on websites of third parties.
c) VillAndalux cannot guarantee the working of (wireless) internet  even as it is indicated that it is present in a villa. The owner or VillAndalux cannot be charged if the internet/wifi is not present or not working.
d) Most pools are used between mid May and late September. However, there are exceptions. VillAndalux is not liable for the hours and dates of pools. VillAndalux is not liable for any damage therefor.
The tenant is responsible to ensure to keep the supervision on children who use the pool.
VillAndalux accepts no liability for damage caused by improper use of the pool.
e) VillAndalux accepts no responsibility for any changes in or around the house, or made by the owner or by other causes beyond the control of VillAndalux to circumstances such as natural disasters.
f) VillAndalux accepts no liability for inoperative of technical equipment and loss of power and / or water. The lack of power and / or water supply in Spain is unfortunately frequently, and sometimes even more than one day. We ask for your understanding
4. The tenant is pointed out that damage to a holidayhome during the stay
is allocated to the tenant, unless the contrary is proved. VillAndalux hereby stipulates for the owner that the tenant is obliged to reimburse any damage to the holidayhome to the owner. Tenant is recommended to make sure he has a liability insurance.
5. VillAndalux is not liable for damages resulting from defects in the rented or inconveniences locally, unless such defects or inconveniences are such that the essentials of the lease concern in which case the damage is limited to a maximum of the height of the rent.
6. In the choice of our holiday apartments and villas we have tried to save you as much as possible 
from  construction nuisance. VillAndalux can not avoid new build initiatives or changed plans being done.
It sometimes happens that nearby construction activities take place. For
such a situation, we accept no liability.

Article 13 Obligations of tenant
1. The tenant is obliged to comply with all instructions of VillAndalux.  Tenant is liable for all damages caused by him, both affecting against the owner as against VillAndalux. 
Tenant should realize that VillAndalux rent out holidayhomes of private parties and that he must in all cases behave as a good tenant. At the holidayhomes present or supplied house rules are inextricably part of the rental agreement  and must be strictly adhered to.
2. The number of persons mentioned in the description of the property is the maximum
allowable number (including children) and must not be exceeded, unless in writing
agreed with VillAndalux. In case of written agreement VillAndalux is allowed to charge additional costs. Tenant must give up the right number of people when he fils in the reservationform. Should this number be changed later than the tenant has to inform VillAndalux as soon as possible in writing (emaill, post). This also applies to any guests. Occupation by more persons than the maximum allowed without permission of VillAndalux gives the owner / VillAndalux  the right to terminate the contract with
immediate effect. The tenant will be automatically  in default in respect of its obligation of
the rental agreement and is obliged to pay the damages.
3. Tenant will agree in advance that the damage ago by VillAndalux is set on € 150.00 per day per person, for the number of persons that exceeds the maximum number allowed. This provision should be seen as a penalty and applies
fecting VillAndalux still to demand for fulfillment of the agreement or to punishment requirements for the damages of any kind whatsoever.
4. The tenant is required by the owner to comply with established rules. If the tenant does
not comply with the rules, the owner / lessor can oblige him to leave the rental property, the tenant is not entitled to a refund of rent paid and / or
damages. In addition, in that case the owner / lessor has the right to contain the 
safety deposit to cover the damage suffered by him.
5. It is at all times, but in any event between 00.00 and 08.00 am forbidden to cause noise. The violation of this prohibition, gives right to the owner and his agents to terminate the rental agreement immediately, without (partial) refund of the rent.
Article 14 Interest and collection costs
The tenant who fails to fulfill the financial obligation to VillAndalux, is over the principal an interest of 1% for each month or part of a month. Furthermore, he is obliged to pay for the extrajudicial collection costs to a minimum of € 50.00.

Article 15 Complaints
1.Complaints during the stay must be reported by the tenant  within 24 hours after arrival at the keyholder on spot. Should the complaint cannot be solved, then the tenant is obliged  to report to VillAndalux without delay but not later than 48 hours after arrival, so that VillAndalux can try to solve the complaint.
2. Early departure without giving VillAndalux  the opportunity to solve the complaint or without VillAndalux has agreed on this, the tenant has not entitled to a refund of the amounts paid by him.
3. Complaints and claims that haven't achieved (by mail or written) VillAndalux within 4 weeks after leaving the house can not be processed. All claims lapse if the said period of four weeks has elapsed. Claims, including those relating to loss of holiday enjoyment, can never exceed the amount of the rent.

Article 16 Right Choice
1. All disputes VillAndalux is governed by Spanish law. Any disagreements about the interpretation of our rental conditions or the quality of your rented apartment, we solve preferably in concert. Notwithstanding in Article 14, these disputes may be submitted to the competent court in Torrox (Malaga).

November 12, 2011