Date of last revision: September 2016
CASA NINHO – VILLA RENTAL AGREEMENT
TERMS AND CONDITIONS
The owners of Casa Ninho shall hereinafter be referred to as “the Owner”. Person(s) or company hiring or renting Services from “the Owner” shall hereinafter be referred to as “the Hirer”. The Hirer shall be deemed to include the signatory and any spouse, child, invitee, personal representatives, agent, guest or assign thereof. “Price” shall be as stated in the booking confirmation. “Service” shall be as described in the booking confirmation.
The sale of goods and/or service between the Owner and the Hirer shall be governed by English law. The construction, validity and performance of the contract shall be governed by English law. In the event of a default of this agreement, these terms and conditions of sale shall be governed by English law.
3. Contract Of Hire
Unless expressly stated in writing the terms and conditions printed herein shall apply to every hire/rental contract made by the Owner. The Hirer, and all persons in their party, shall be deemed to have confirmed the contract and to have accepted these terms and conditions in full by act/submission of their initial deposit for the property rental.
A non-refundable deposit of 25% of the total rental cost is required to secure your booking. All bookings must be made by post, email, through the website or by telephone (and followed by written confirmation) and will be held provisionally for five working days or until the full Deposit is received by the Owner, whichever is sooner. Any booking made within six weeks of the hire commencement date must be accompanied by full payment. Should the Owner not receive the full balance within the stated five day period, the Owner shall be entitled to cancel the booking without prejudice.
5. Confirmation Of Booking
Bookings will only be confirmed following receipt, in full, of the due Deposit. The Owner will provide written confirmation to the Hirer, by email or post, stating the balance cost and payment due date. The Owner will not issue any further payment reminder notice.
6. Final Payment
The balance due shall be paid eight weeks prior to the hire commencement date. Any booking made within six weeks of the hire commencement date will be deemed provisional for five days or until full payment is received, whichever is sooner.
7. Form Of Payment
All payments due prior to hire commencement date shall be paid by either internet bank transfer, electronic bank transfer or cheque made out to payment in UK Sterling, unless otherwise agreed. Bank account details will be provided at time of booking. Any payments arising during the villa hire period shall be made in cash in Euros.
Payments due to the Hirer by the Owner, e.g. refund of the damage waiver deposit, will be refunded to the Hirer by either internet bank transfer or cheque in UK Sterling unless otherwise agreed.
8. Cancellation By The Hirer
All booking cancellations must be notified to the Owner, in writing, and received by the Owner no later than twelve weeks prior to commencement of the rental period. Cancellations notified prior to this deadline shall incur forfeit of the booking deposit only. Where cancellation is notified to the Owner within twelve weeks of commencement of the rental period the full hire cost shall be incurred.
9. Alterations And Cancellations By The Owner
In the unlikely event that the villa becomes unavailable due to circumstances beyond the control of the Owner, the Hirer may be offered alternative accommodation. In the event that no suitable accommodation can be offered, all monies already paid for the villa rental will be refunded. Any such refund will be restricted to the villa hire costs and the Owners shall not be liable for any other consequent or cancellation costs incurred by the Hirer.
10. Booking Amendment Charges
In the event that the Hirer wishes to alter details of a fully confirmed booking within six weeks of commencement of the rental period, a booking amendment charge of £25.00 per change shall apply in addition to any increase in the cost of the revised arrangement. The Owner will provide written confirmation of any such amendment to the Hirer by email or post.
11. What Is Included
The villa rental includes the cost of a weekly change of bed linen and towels (please do not use house towels on the beach or by the pool), water, electricity, gas, maintenance of swimming pool and garden. Any defects or deficiencies must be reported within 48 hours of commencement of the rental period. After this time it will be assumed that everything is in order.
12. What Is Not Included
The villa rental price does not include personal, travel or cancellation insurance, transportation, airport transfers or mid-stay cleaning of the villa, beach and pool towels. Use of Satellite TV, video, DVD, garden furniture etc is free of charge and therefore the availability or function of any such item cannot be guaranteed.
Only those persons listed on the booking form may occupy the villa. The villa may not be re-let or sub-let to any group, party or individual without the written approval of the Owner.
Under no circumstances may more than the maximum number of persons specified in the villa description, or booking form, occupy the villa except by prior written agreement by the Owner. The Owner, or their representative, reserves the right to refuse admittance to the villa to the Hirer and their party should they be found to be in breach of this condition.
Any villa function such as a dinner party, wedding, reception, etc. requires prior written consent of the Owner. Any caterers working in the villa must be pre-approved by the Owner, be fully licensed, and appropriately insured.
We do not accept pets in the villa, however the Owner may agree to certain exceptions, please enquire. In such instances you must obtain the prior written permission of the Owner.
The Hirer is responsible for taking all reasonable care of the property and its contents during the rental period. At the end of the rental period, the property and its contents, including all equipment, furniture, utensils, etc must be left clean and tidy. Crockery and cutlery must be cleaned and stored in the appropriate cupboards and the Hirer must ensure that the cooker, oven, fridge and microwave are left clean. The Hirer shall also ensure that the barbecue is cleaned and that all rubbish is cleared away from the property and placed in the road side dustbins.
The Hirer shall ensure that no member of the party engages in anti-social behaviour such as may be likely to cause offence or annoyance to neighbours, or any activity in or around the villa and swimming pool which may cause damage, pollution to the water or damage to the structure or filtration equipment.
The Hirer and all persons in their party undertake that no person will suffer anything to be done which would endanger the villa owner’s insurance, in respect of the villa and its contents, which might make the same void or voidable.
The Hirer is advised that personal items lost or stolen are not the responsibility of the Owner. The Hirer will have a set of keys and will be solely responsible for locking of the villa and the safekeeping of their personal valuables during the rental period. The Owner assumes no responsibility for ensuring that the residence is locked and secured during the period of occupation by Hirer.
Neither the Owner nor their representatives can be held responsible for any circumstances which are beyond their control including, but not limited to, mechanical breakdown, illness, emptying of swimming pool for necessary maintenance, failure of any public service supply.
Smoking is not permitted inside the villa. Smoking is permitted outside only. Please dispose of any flammable materials properly and responsibly.
16. Damage To Villa And/Or Contents
Except in the case of normal wear and tear, the Hirer shall be responsible for making good any damage to the villa or its contents where such damage has occurred, either directly or indirectly as a result of negligence, wilful damage or irresponsible behaviour on the part of the Hirer, a member of their party or their guests. Any damage must be immediately reported to the Owner or their representative. The cost of the replacement or damage shall be borne by the hirer and paid to the Owner. At the owner’s digression a figure of £250.00 (unless otherwise advised) is held against damage to the property, furnishings, excessive cleaning requirements or unnecessary call-outs, including instances such as those outlined in section 14. above.
17. Rights Of Access
Whilst affording due regard to the convenience of the Hirer, the Owner, their representative and/or their sub-contractors shall have the right to access the villa at any time for the purpose of linen changes, inspection of the property or to carry out essential and routine repair or maintenance work.
18. Accuracy Of Information
The Owner takes a great deal of care to ensure that all published information and photography advertising the villa is correct. However, from time to time the Owner may make changes to details such as decoration, furniture and fittings. All information supplied by the Owner is given in good faith and is based upon information available at the time. Whilst all reasonable measures have been taken to ensure accuracy, the Owner and their representatives shall not be liable for any variation however caused.
19. Villa Arrival And Departure Times
The villa will be available for occupation from 2pm local time on the day of arrival and must be vacated by 10.00am on the day of departure. Booking periods usually run from Saturday to Saturday. Variations may be made to this with the prior written agreement of the Owner.
20. Keys, Directions And Local Contact Numbers
Detailed instructions for key collection, directions and a local contact telephone number should you have any problems whilst at the villa, will be sent to the Hirer approx. upon receipt of the full balance of the rental amount or two weeks prior to the rental commencement.
In the unlikely event that the Hirer wishes to complain about the villa or its contents during the rental period, any such complaint must be reported immediately to the Owner or their representative who will take reasonable steps to resolve the matter. The Owner shall have no liability for any complaint submitted following completion of the rental period.
22. Building Work
In the event of building and/or maintenance works being carried out by local authorities, private developers or neighbours, it should be noted that the Owner cannot be held responsible for any such work, is unable to stop such work taking place and is unable to control the level of noise, inconvenience or disturbance
23. Force Majeure
For the purpose of this Agreement the term Force Majeure shall mean:
war and other hostilities (whether war be declared or not) invasion, act of foreign enemies, mobilisation, requisition or embargo, rebellion, revolution, insurrection, military or usurped power or civil war, riot, commotion or disorder except where solely restricted to employees of the Owner or its sub-Contractors or sub-Suppliers, earthquake, flood, fire or other natural physical disasters except to the extent that any such disaster is caused by, or its effects contributed to by, the party claiming force majeure, a general industrial dispute not limited to the employees of the Owner or the employees of any of its sub-Contractors or sub Suppliers.
If either party to this Agreement considers that any circumstance of Force Majeure has occurred which may affect materially the performance of its obligations then he shall forthwith notify the other in writing to that effect giving full details of the circumstances giving rise to the Force Majeure event.
Neither party to the Agreement shall be considered to be in default of its obligations under the Agreement to the extent that it can establish that the performance of such obligations is prevented by any circumstance of Force Majeure which arises after the date of the Agreement and which was not foreseeable at the date of the Agreement.
The Owner regrets that they cannot accept liability nor pay compensation where the performance or prompt performance of our obligations is prevented or affected by ‘force majeure’.
The villa rental cost does not include any form of personal insurance cover for the Hirer or their party. It is a condition of booking that the Hirer understands that it is their sole responsibility to arrange any such cover as may be appropriate against such risks as, but not limited to, cancellation, personal accident and medical costs.