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Preamble
EuroCasa Ltd is an e-commerce company, whose business concept is to provide rental opportunities via the Internet. EuroCasa Ltd enters into agency agreements with Agents, who are in the business of acting as agents in the arrangement of short term furnished lettings, for and on behalf of Landlords. The Agents have the full and unrestricted authority to do so on behalf of the Landlords who they represent. The Agents, in their turn, have authorised and appointed EuroCasa Ltd to: These General Terms apply between the Agent, acting through the agency of EuroCasa Ltd as set forth above, and the Tenant. Any legislation implemented in consequence of the European Council Directive 90/314/EEC on Package Travel and Holiday Tours is not applicable, as the rental is not combined with other obligations. All amounts in these General Terms are stated including value added tax, if any.
1. Definitions Agent: The natural or legal person who, through the agency of EuroCasa Ltd, enters into the Letting Contract with the Tenant. For Spain is Komsol sl. Santa Pola,(Alicante) mail ts@ eurocasa.nu phone 0034 649 777 099 appointed as General Agent2. Rental amount It follows from the information about the Rental Property on EuroCasa Ltd's web site if the rental amount stated therein does not include electricity, gas and/or water. Cleaning, bed clothes, towels, children's and extra beds and telephone are not included in the rental amount and are paid for separately by the Tenant, to the extent that they are used, unless otherwise specifically stated on EuroCasa Ltd's web site.
3. Booking Booking can only take place on EuroCasa Ltd's web site. In order for the Booking to be able to be received and registered in EuroCasa Ltd's database, it is required that the Tenant:3.2 The Booking will be promptly confirmed by e-mail. When paying by credit card, which is the only payment alternative for Booking that takes place later than 57 days before the Arrival Date, the Booking is only completed if the Tenant's payment of the rental amount is accepted.3.3 When the Tenant's Booking is confirmed, the Tenant receives a booking number, through which the Tenant obtains, among other things, access to the Specific Information as soon as the entire rental amount has been paid.
4. Payment Booking more than 60 days prior to the Arrival Date - rental deposit Within five days from Booking, which is made no later than 61 days prior to the Arrival Date, a rental deposit from the Tenant shall be available to EuroCasa Ltd. If Booking is made later than 61 days prior to the Arrival Date, payment of the rental deposit is governed by Section 4.3 below. The rental deposit is a first part-payment of the total rental amount. The rental deposit amounts to 30% of the total rental amount, excluding any cancellation insurance. When paying by credit card, the rental deposit can only be paid in conjunction with Booking on EuroCasa Ltd's web site, by the Tenant approving the debit of the rental deposit against his/her credit card. If so desired, the rental deposit may also be paid via the electronic payment instructions that are sent to the Tenant when the Booking is confirmed. If the Tenant, on payment in accordance with the payment instructions, does not pay the rental deposit in accordance with the above, the Booking will be cancelled and the Tenant may be charged with an administration fee of 30% of the total rental amount.
4.2 Final monies
4.3 Booking 60 days prior to the Arrival Date or later If the Tenant makes a Booking later than 61 days prior to the Arrival Date, both the rental deposit and the final monies, i.e. the total rental amount, shall be paid in their entirety to EuroCasa Ltd. If the Tenant, on payment against invoice, does not pay the total rental amount in accordance with the above, the Booking will be cancelled and the Tenant may be charged with an administration fee of 30% of the total rental amount. As from and including 56 days prior to the Arrival Date, the payment can only take place on EuroCasa Ltd's web site in conjunction with the Booking by the Tenant approving that an amount corresponding to the total rental amount being debited against his/her credit card.
4.4 Methods of payment 5. Cancellation
5.1 The Tenant is entitled to cancel the Rental Property only on EuroCasa Ltd's web site, in accordance with that stated in more detail below in this Section 5.
5.2 The Tenant's cancellation applies from the date it was received by EuroCasa Ltd. EuroCasa Ltd shall, by e-mail message to the Tenant, without delay confirm receipt of the Tenant's cancellation.
5.3 Cancellations that take place 50 days before the Arrival Date or earlier, entitle the Tenant to repayment of the rental amount paid excluding a fee of 30% of the total rental amount. The amount that the Tenant has in credit in accordance with the above, after deducting any administrative costs, shall be repaid without delay.
5.4 Cancellations that take place from 49 to 14 days prior to the Arrival Date inclusive, entitle the Tenant to repayment of 50% of the rental amount paid, excluding the rental deposit (i.e. 50% of 75% of the rental amount paid), provided that the cancelled Rental Property has been re-booked during the corresponding Rental Period and EuroCasa Ltd has received the full rental amount therefore. If this is not the case, the Tenant is not entitled to any repayment. The amount that the Tenant may have in credit in accordance with the above, after deducting any administrative costs, shall be repaid without delay when EuroCasa Ltd has received the full rental amount in question.
5.5 Cancellations that take place less than 14 days prior to the Arrival Date, do not entitle the Tenant to any repayment of the rental amount paid.
6. Cancellation insurance Cancellation insurance is voluntary and any contract concerning this is concluded separately by the Tenant upon Booking. That paid by the Tenant for cancellation insurance is not refundable.
7. Alteration of the Rental Property or the Rental Period If the Tenant wishes to change the Rental Property or the Rental Period, the above-mentioned terms for Booking and cancellation apply.
8. Right to substitute object If the Rental Property cannot be made available in accordance with the Letting Contract, the Tenant shall be advised about this as soon as possible. In that event, the Tenant is at liberty to either accept the substitute object offered, which shall as far as possible be of equivalent or higher standard than the original Rental Property, or to withdraw from the Letting Contract.
8.2 The Tenant shall, within 14 days from when notification in accordance with Section 8.1 above is available at the Tenant's e-mail server, though not later than three days prior to the Arrival Date, give notice to EuroCasa Ltd whether he/she accepts the substitute object or wishes to withdraw from the Letting Contract. If the Tenant accepts a substitute object with a lower rent, the Tenant is entitled to compensation for the price difference. If the Tenant does not give any notice to EuroCasa Ltd in accordance with the above, the Tenant loses his/her right to a substitute object.
8.3 If the Tenant declines to use his/her right to a substitute object in accordance with Section 8.1 above or if such an object cannot be offered, the Tenant shall without delay be refunded everything that he/she has paid to EuroCasa Ltd in accordance with the Letting Contract. 9. Number of guests The maximum number of guests for every Rental Property, which is indicated by the information about the Rental Property on EuroCasa Ltd's web site, may not be exceeded without the Agent's or EuroCasa Ltd's preceding approval. Children shall, in this connection, count as guests irrespective of age, unless otherwise stated in the information about the Rental Property on EuroCasa Ltd's web site. EuroCasa Ltd, the Agent or any other person appointed by them is entitled to immediately reject all guests if the number of persons stated in the Booking is exceeded. 10. Responsibility for information provided
10.1 The Tenant is ultimately responsible for the Booking.
10.2 The Tenant must, if directed, provide written personal details of all those who will have access to the Rental Property during the Rental Period. It is allowed to substitute one or several persons in the company, provided that this does not apply to the Tenant. The Tenant is responsible for updating the personal details that have been provided. Neither EuroCasa Ltd nor the Agent is responsible for any errors that may arise as a consequence of out-of-date personal details. 11. Arrival, departure and security deposit
11.1 The provisions applicable for arrival at and departure from the Rental Property can be found in the Specific Information. The key shall normally be collected at the designated key address between 1600 and 1900 local time on the Arrival Date. The Rental Property shall normally be evacuated not later than 1000 local time on the Departure Date. Each change to the arrival date and the arrival time shall be advised to and approved by the Agent at least three days before the Arrival Date. In case of unavoidable delay on the arrival date, the Tenant must call the Agent, the Landlord or the local contact person to inform about the delay. If the Agent, the Landlord or the local contact person is not available when the Tenant has failed to arrive within the time period stipulated and has not communicated this delay according to the above, the Tenant cannot hold any of them responsible. To the extent that the Agent or the Landlord is obliged to make unplanned displacements to the Rental Property due to the delay, they are entitled to claim reimbursement from the Tenant for their expenses.
11.2 Some Agents require that the Tenant pay on the Arrival Date a security deposit computed on the value of the Rental Property, with the purpose of covering any expenses for damage, subsequent cleaning and extra costs. The security deposit shall normally be paid in cash in local currency and repaid on the Departure Date, after approved cleaning inspection. The rental amount for certain Rental Properties includes cleaning and the security deposit is repaid as soon as possible after the Departure Date. The Agent, the Landlord, the local contact person or a person appointed by them, is entitled to take the entire or part of the security deposit in claim, if the Tenant's cleaning is inadequate or the Rental Property has been damaged as a result of the Tenant's carelessness or neglect.
11.3 As soon as the entire rental amount has been paid, the Tenant may, with the assistance of his/her Booking number obtain access to the Specific Information, which includes, among other things, more detailed information about the provisions for arrival, departure and security deposit as well as location, road map and the Landlord or the local contact person. The Tenant can never, as a ground for release from responsibility, refer to circumstances in relation to which information was available in the Specific Information not later than three days before the Arrival Date. 12. Responsibility for the Rental Property
12.1 The Tenant may not use the Rental Property for another purpose than that intended. This means that:
12.2 The Tenant is responsible for all expenses referable to any damage that the Tenant or someone in his/her company causes to the Rental Property or its inventory by carelessness or neglect.
12.3 The Rental Property shall be returned in clean condition and the Tenant is liable to pay compensation for circumstances that can detriment the possibility of renting the Rental Property out during the forthcoming Rental Period, for example, if the Rental Property is in need of extra cleaning or needs to be repaired as a result of damage caused by the Tenant.
13. Notice terminating the Letting Contract Notice terminating the Letting Contract with immediate effect may be given if the Tenant or someone in the Tenant's company misuses the Rental Property or in some other way seriously breaches the Letting Contract despite reprimand by Yellowrent, the Agent, the Landlord, the local contact person or any person appointed by them. 14. Damages If any of the parties breaches the Letting Contract or does not satisfy other provisions that are of importance for the contractual relationship, the other party is entitled to compensation for any costs that have arisen as a result of the breach of contract. However, the party suffering damage shall take suitable measures in an endeavour to limit the damage. If such measures have not been taken, the claim for damages may be reduced. The damages in accordance with this Section 14 comprise both pure financial loss and compensation for personal and property damage. The claim for damages may not be referred to if any of the provisions in Section 15 below applies. 15. Grounds for release from liability
15.1 If satisfaction of any of the parties' obligations in accordance with the Letting Contract is impeded by unforeseen circumstances that the parties do not control, such as labour market conflict, measure or omission by a public authority, lightening, fire, flood, war, war-like event, currency restrictions, riot, civil commotion, restrictions as regards power supply, general shortage of transport, supplies and energy, together with faults or delays in supplies from sub-contractors as a result of circumstances that have been stated above, the deviation from the Letting Contract resulting from such unforeseen event constitutes a ground for release from liability to pay compensation and other sanctions under the Letting Contract. It is the obligation of a party who refers to this Section 15.1 to immediately give written notice to the other party concerning the occurrence of the above-mentioned event together with its cessation.
15.2 It is not guaranteed that the information about the Rental Property on Yellowrent's web site is free from inaccuracies. Neither Yellowrent nor the Agent is responsible for minor deviations from the Letting Contract as regards the qualities of the Rental Property.
15.3 Compensation shall not be paid to the Tenant if it can be proved that performance of the Letting Contract was impeded as a result of circumstances that were outside the control of the Agent and which could not reasonably be anticipated when the Letting Contract was concluded and the consequences of which could not reasonably been avoided or overcome, for example, the Landlord's liquidation or bankruptcy, accidental events, theft, traffic noise, discomfort caused by insects, allergies and the like. 16. Complaints
16.1 The Tenant undertakes to do his/her best to resolve or minimise any problems that may occur with the Rental Property. If the Tenant for some reason is unable to do this, the Tenant shall immediately contact the local contact person or a person appointed by him on the Arrival Date by telephone. This oral complaint shall be confirmed in writing within 24 hours. The Tenant shall give the Agent, the Landlord, the local representative or any person appointed by them the time necessary to rectify the problem. If rectification is not implemented within a reasonable time, EuroCasa Ltd's contact centre shall be contacted. Further information about the contact centre and its 24-hour service is provided on EuroCasa Ltd's web site.
16.2 The Tenant is entitled to, subject to the limitation of the provision stated in Section 16.3 below, a reasonable price reduction for the damage that the defect has caused.
16.3 Complaints shall be made in order that the Agent shall have an opportunity to remedy the defect, including a right to access the Rental Property, or, if so required, provide a substitute object. If complaint is not made within the prescribed period according to the above, or if the defect is remedied without inconvenience to the Tenant, the Tenant cannot seek a reduction of the price under this Section 16. The same applies for a Tenant who leaves the Rental Property prematurely, if no complaint has been made according to Section 16.1 above and explicit authorisation is missing, unless a legal right to cancel exists. 17. Applicable law and disputes
These General Terms shall be governed by the law of the country in which the Agent is incorporated (or, if the Agent is a natural person, is resident). The parties shall endeavour to resolve any disputes concerning the interpretation or application of the Letting Contract through negotiations. If the parties cannot agree, a public court shall determine the dispute. |