General Terms and Conditions of Use
February 2010
1. Definitions:
Holidaymaker: The person or representative of the people who are wanting to rent a property for the purpose of a holiday in Ibiza.
Ibiza Prime Rental: A trading name of Ibiza Prime SL, a Spanish limited company with tax number: B57564593 and postal address of Apartado de Correos 772, Ibiza, Baleares, Spain.
2. The Ibiza Prime Rental website (www.ibizaprimerental.com) is an Internet venue where holidaymakers can search for properties that are available of short-term holiday rent. All the properties are privately owned. Ibiza Prime Rental does not own any of the properties listed on its website, nor is Ibiza Prime Rental involved in the renting out any of properties listed on the website directly. In the event that a holidaymaker books a property for renting, that holidaymaker will enter into a contract directly with the owners for that rental.
3. The purpose of Ibiza Prime Rental is to facilitate holidaymakers who want to rent a property in finding a suitable property and entering into an agreement with the owners of that property.
4. Ibiza Prime Rental charges a fee for its marketing services and in helping to facilitate the each successful holidaymaker-owner transaction. Our fee is 15% (including Spanish VAT (IVA) at the prevailing rate) of the total rental price for the duration of the rental period. This fee is included in the displayed rental price, as shown on the website.
5. Contract and rental procedure:
i) On selecting a property with its dates and other options, holidaymaker will need to pay an initial 15% deposit (either by credit card or bank transfer) to ourselves. The property will then enter into an initial reservation period of 1 week (3 days if start date is within 6 weeks from the current date).
ii) The contract will then be emailed to you. This will need to emailed back with “Agreed” and your name added to the bottom.
iii) The main deposit payment for 50% of the remaining balance (or 100% of the remaining balance if the within 6 weeks of the start date) will need to be made direct to the owner. Ideally with would be by bank transfer, but other means are available. By paying any part the outstanding balance, the holidaymaker is deemed to have confirmed the contract and to have accepted these terms and conditions.
iv) The security deposit (see No.5 below) will need to be paid two weeks before the start date of the rental. Access to the property will not be allowed unless cleared funds are received before the start of the holiday rental.
v) The initial 15% booking deposit can be paid by using a credit card without any addition fees. However, should you wish to pay the balance or security deposit with a credit card, an additional charge of 4% will be added to those payments.
6. Security deposit (for breakages):
A security deposit will need to be paid two weeks before the start of the rental period. This needs to be paid in cleared funds. (A personal bank check presented on date of arrival will not be acceptable.) The size of the security deposit is usually shown on the website and will be communicated in the rental contract.
The purpose of the deposit is to be the first port of call to cover breakages or other damages that the holidaymakers have caused during their stay. Damages are not limited to the size of the deposit, and a further invoice may be sent to the holidaymaker to cover any excess damages, and if necessary, this will be pursued through the courts. Damages can include (but are not limited to) breakages, excessive wear, staining (e.g. red wine stains) and fines from authorities for making excess noise or for lighting bonfires. Damages may be claimed for unexpected cleaning required (e.g. for example removing drink stains from carpets or furnishings).
At the end of the rental period, the property will be inspected. Usually, the owner, or a representative of the owner, who knows the property well, will do this. This inspection will take time and cannot be done at the moment of departure. If everything is all right, then the owner should make a bank transfer for deposit, normally within 14 days, but this can take up to two months where damages have to be subtracted and the monetary value of those damages is not yet known.
If at the start of the rental period the holidaymaker becomes aware of some recent damage by previous occupants that he believes may have gone unnoticed, then he should bring this to the attention of either the owner or ourselves.
Should the number of individual guests at a property exceed the agreed number, a further charge may be deducted from the security deposit in respect of the additional guests.
7. Guests:
Holidaymakers are allowed to invite guests back to the property, but at no time should the number of invited guests exceed double the normal occupancy number of the property. Invited guest may only stay for a short visit and may not sleep-over in the property if they have no other official accommodation in Ibiza.
If the number of invited guest is exceeded, or if there is any attempt to hold a large party (without written permission from the owner) then holidaymakers will be considered in breach of the rental agreement and the agreement will be terminated and the holidaymakers and their guest will be escorted from the property without any refund.
8. Parties:
If you want to rent a property to put on a big party, you should contact us before making a booking. There are some properties where the owners may be amenable to this, and with prior knowledge of your requirements we can try to arrange something for you and give you written permission.
9. Keys:
You will be responsible for the safe return of all keys issued. If keys are lost, then the cost of replacing them and/or the locks with be charged to you and come out of your security deposit.
10. Pets:
No pets of any type are allowed without receiving written permission from the owner. This written permission should be requested before making the booking.
11. Cleaning services will be as agreed at the time of booking. Often cleaning is provided only once per week at changeover. You will be expected to keep the property clean and tidy and to take the rubbish to the nearest rubbish disposal point. There is no door to door dustbin service in Spain.
12. We will do our best to help you have a pleasant stay. Life is life however, and from time to time equipment does brake down and needs to be repaired or replaced. If something goes wrong whilst you are staying in the property then we will do our best to assist the owner in having it fixed or replaced. However, with many repair engineers taking their holidays in August, this month in particular can be a difficult time to get breakdowns repaired fast, so please bare with us.
13. Repeated calls for wasted time following up silly or pointless requests for help will be charged at 50 euros per visit. So for example, if the television is not working when you switch it on, please check that the electrical lead is plugged into the socket on the wall before calling us out to the property.
14. Arrival time on the date of arrival is after 5pm. Departure time is before 10am.
If you need a half day extension because you have an evening flight then please contact us in good time. Depending upon other bookings, this may be possible to arrange, but we cannot guarantee it. If prior arrangements have not been made and the property has not been vacated by midday, then you may be liable for additional payment of 2 days stay (pro rata) to pay for the wasted journey of the cleaners who will have to be compensated. If at any time you think you will be late, please contact us so as to minimise the cost and inconvenience. 15. Cancellation my the holiday maker. Cancellations need to be advised in writing (email or fax is acceptable). The cancellation request needs to be from the person who has made the booking, or an explanation given as to the authority of the person who is making the cancellation request. The cancellation fee can vary between properties, but normally the fee is as follows:
- More than 45 days prior to start of booking: 20%
- Between 45 days and 30 days prior to start of booking: 50%
- 30 days or less to start of booking: 100%
17. These terms and conditions are governed by the laws of Spain.