GENERAL CONDITIONS OF CASA ANDALUZA
FOR SHORT STAYS IN TOURIST ACCOMMODATIONS
(last updated February 2024)
Casa Andaluza, in the following text referred to as "CA" or "the agency", has its registered office at C. Enólogos, 3, E-11140 Conil. Since 2010, Casa Andaluza is a registered trademark of Consulting y Marketing de la Janda, S.L.U. All contracts between CA and its clients (owners and guests) are subject to Spanish law, in particular to the Andalusian Tourism Law 13/2011 of 23 December.
- ACCEPTANCE: The making of any reservation implies the acceptance of these general conditions.
- USER: The person making the reservation must be of legal age and is responsible for the veracity of the data entered. Bookings by representatives or legal guardians of future guests are not permitted.
- SHORT STAYS - These conditions apply to contracts for stays of up to 30 days and in which the rent per day indicated in the publication of the advert applies, without prejudice to a possible discount for long stays that may be applied.
For stays of 30 days or more, where monthly rates apply, they are governed by the specific conditions for long stays.
- INTERMEDIARY AGENCY - CA acts as an intermediary agency for contracts between natural persons: the owners of the properties and the guests. The amount of the rent is therefore exempt from VAT, while the amounts accrued for the agency's services (intermediary commission, cleaning service) are subject to the legal VAT rate of 21%.
- The responsibility as an intermediary agent extends to the truthfulness of its advertising and to ensuring that the contracting parties (guests and owners) fulfill their contractual obligations, as well as to mediation in case of incidents.
- However, some attributes and inventory items may have changed without the agency being made aware of them. CA cannot be held responsible for these changes.
- It is the responsibility of the owner of the property to ensure that the accommodation and its furnishings are in good condition and in due compliance with the regulations of the Junta de Andalucía in relation to the requirements of Decree 28/2016, of 2 February and Decree 31/2024, of 29 January.
- The responsibility of the agency extends to the preparation of entry in those dwellings in which the management of services was granted by the owner to the agency: cleaning and provision with towels and sheets, as well as ammenities: basic stocks for cleaning and cooking.
If these services are provided by the owners of the property, it is they who assume responsibility for these services.
- PRE-RESERVATION - There is the possibility for the guest to request a pre-reservation of an accommodation for a maximum of 24 hours before paying the reservation deposit. We will send you the confirmation of the pre-reservation with its location number by e-mail. By mutual agreement it is possible to extend the pre-booking from 24 hours to a maximum of 3 days.
In some of the accommodations managed by CA, the agency does not have access to the owners' calendars in real time, and a check of the availability of the accommodation and/or acceptance of the booking by the owner is necessary. As a consequence, the agency has the right to cancel the pre-booking unilaterally and offer alternative accommodation for the requested space in case the booking request is not possible or rejected.
- CONFIRMED RESERVATION - The booking is confirmed and binding with the payment of the reservation deposit.
- PRICE - The full price of the booking is the sum of the rental of the accommodation, which is calculated in Euro per day, and the cleaning and provisioning fee, which is a single amount per booking. It may also include other agency services, such as intermediate cleaning, cot or extra bed rental or the pet cleaning supplement. Likewise, the full price includes the CA commission and, in case of bookings through booking channels such as booking, airbnb etc., the commission of this channel.
The rent of the property includes all utility costs such as electricity, gas, water and internet, as well as community fees, taxes, garden and swimming pool maintenance.
- PAYMENT - Before entering the accommodation, the guest must have paid the agreed price in full.
- The reservation deposit is between 20% and 50% of the full price and serves to confirm the reservation.
- The remaining balance must be paid 4 weeks prior to arrival. At the guest's request, there is also the possibility to settle a part of the payment on the day of arrival. In this case, the guest must have paid 50% or more of the full price 1 month in advance.
- The following payment methods are accepted: online payment via Stripe secure payment gateway; transfer to the agency's bank account; cash payment at the Casa Andaluza office.
In particular cases a direct payment to the owner of the property can be arranged. - Last minute bookings: In case the check-in date is less than 30 days before the booking date, the guest has to pay the full price to confirm the booking. On request you can choose to pay a deposit of 50% of the full price and pay the remaining amount on the day of arrival.
- In case a partial payment is agreed on the day of arrival, the guest has to guarantee this payment with his credit card.
- SECURITY BREAKAGE DEPOSIT - CA may ask the guest to pay a deposit to ensure compliance with the rules and the condition of the property and its furnishings. Although not generally required, the payment of the deposit may be mandatory in certain accommodations and will appear in the description of the property.
The payment of a deposit of between 200€ and 400€ is mandatory for guests under 30 years of age due to a high risk of incidents that occur due to non-compliance with rules and misuse of the property. This deposit must be paid by credit card via online payment within 24 hours after receipt of the letter of payment.
Even if a deposit has not been required, CA has the right to demand from the guest the amounts due for:
- non-compliance with the rules
- Damage to the property caused by misuse, negligence or irresponsibility.
- excessive soiling
- late departure after 11 a.m. without prior agreement with the agency.
- OCCUPANTS AND AGE RESTRICTIONS (YOUTH GROUPS) - Only the maximum number of people allowed in the description of the accommodation and according to the number of people indicated in the reservation can be accommodated.
Young guests: CA reserves the right to refuse bookings from persons under 25 years of age, due to the risk that this demographic group poses to the condition of the accommodation as well as to the coexistence in the neighbourhood and in the locality. In any case, the acceptance of reservations of this type of guests is subject to the express acceptance of the rules by each of the guests who are part of the group as well as the deposit of the deposit mentioned in point 9.
- CLEANING, TOWELS & SHEETS AND AMMENITIES - The accommodation will be made available to the guest duly cleaned, provided with sheets, towels and other items for immediate use.
- Payment for cleaning on arrival/departure: The fee is to be paid together with the rent of the accommodation.
If cleaning is carried out by AC service staff, this fee includes the salaries and insurance of the cleaning staff as well as the statutory VAT of 21%. - Sheets and towels: For stays of up to 14 days, 1 set of sheets per bed and 1 set of towels per person will be provided, as well as several courtesy towels. For stays of > 14 days, a double set of sheets per bed and towels per person will be provided.
- Intermediate cleaning: CA offers cleaning service and change of sheets and towels during the stay against payment: 20€ per hour of cleaning (minimum 2 hours) and 7,50€ per person for the change of linen.
- CANCELLATION BY THE GUEST - The guest can cancel their reservation at any time and must do so in writing (email, whatsapp, sms) addressed to the agency. Depending on how far in advance of the day of arrival, the guest must pay the following cancellation fees:
- up to 61 days: 20% of the rental price
- between 60 and 35 days: 50% of the rental price
- between 34 and 10 days: 80% of the rental price
- less than 9 days: 95% of the rental price.
Cancellation fees do not apply to cleaning and other contracted agency services, which have not yet been rendered.
Cancellation fees are subtracted from the cancellation fees for profits with new booking(s) that fill the cancelled space, taking into consideration possible discounts and promotions that may have been necessary to find new customers at short notice.
The minimum agency management fee is €50.
We recommend our guests to take out travel insurance to cover cancellation fees.
- CHANGE OF RESERVATION - A change of confirmed reservation (dates or accommodation) is possible without cancellation penalty 61 days prior to arrival. A handling fee of min. 50€ will be applied for the change.
If your arrival date is in 60 days or less, any rebooking involves the cancellation of the booking combined with a new booking, especially if a change of house is involved.
Please note that each booking has a separate contract with an individual owner.
In case of late arrival or early departure, there is no right to a (partial) refund of the rent.
- CANCELLATION BY CA - CA can cancel the confirmed booking before arrival in case of non-payment of the fee, especially if the client, after having received a payment reminder from CA, does not respond.
CA may cancel the booking after arrival, if guests behave in a way that could cause damage to the property and/or generate excessive costs for the owner or the agency. This refers especially to incivility, negligent or irresponsible behaviour, or in cases of over-occupancy. In such a case, the agency is not obliged to refund the amounts paid and is entitled to claim, both on behalf of the owner and on your behalf, amounts for damages suffered.
CHANGE OF ACCOMMODATION BY CA.- The agency reserves the right to change the contracted accommodation for another with similar characteristics or of a better category, in the event that the accommodation cannot be used temporarily as a holiday home. For example due to incidents occurring suddenly after the date of the booking, noisy construction activity in the neighbourhood or sale of the property. These changes will not affect the price agreed for the original accommodation.
- INCIDENTS - In the event of the detection of damage, the guest must notify the agency as soon as possible, so that the necessary measures can be taken to eliminate the damage as quick as possible. If the incident lasts longer than the deadline established for the solution, which usually is a maximum of 24 hours, the guest is entitled to claim a rent reduction.
The guest is obliged to give access to the service personnel responsible for the remedy / elimination of the defect.
When notifying the incident, it is recommended that the guest adds evidence (photographs or videos) together with a brief description if necessary.
The right to claim rent reduction for damage shall become due upon notification to the agency and after the deadline for remedying the damage has expired.
- LIMITATION OF LIABILITY OF THE AGENCY
CA or its employees are not liable for:
- errors, omissions or misspelled words
- misinterpretation by third parties
- personal damage or injury during your stay in one of the accommodations
- disputes between a guest and a third party
- content of external links you will find on our website
- external factors that could (temporarily) change the environment, such as public works, flood or storm damage, etc.
- SPECIAL OBLIGATIONS OF THE GUEST
- If you are under 25 years old, you have to check with CA if the property accepts groups of young people. In any case, you will have to accept and respect the special rules for young travellers.
- You are responsible for the whole group travelling with you, for treating the property with care and for notifying CA immediately about damages and defects.
- The property can only be used by the number of persons named in the booking. In case of over-occupancy, we may request we may demand immediate departure of the excess guests and/or a compensation payment for the period of over-occupancy (10% -15% of the rental price per person).
- It is strictly forbidden to camp on the estate (pitching tents, parking caravans...).
- On the day of arrival, check-in is possible from 5pm; on the day of departure, check-out is before 11am. Early check-in or late check-out is only possible with the express permission of CA.
- On the day of departure, you are obliged to leave the property in a clean and tidy state (dishes washed, rubbish removed, floors cleaned of sand and dust, everything in its place and sheets removed from the beds).
- You are obliged to do everything possible to avoid damage, disturbances or defects, which includes removing umbrellas and awnings when a strong wind comes or bringing cushions and mattresses inside when it rains or when at night the sprinklers start running ...
- You are obliged to allow service personnel, also without prior notification, access to the property for the maintenance of the pool and garden.
- PETS - If you want to come with your pet, please check the property description to see if pets are allowed. Owners may deny access if a guest brings a pet to a property where pets are not admitted.
Requirements to enter with a pet are:
- Payment of a one-off supplement of 35 € (in some properties, this price may vary) to compensate for additional cleaning and laundry efforts,
- a security deposit of 250€ to guarantee any damage or cost that the animal may cause.
- The owner of the dog has to be sure of the good behaviour of the animal which should not disturb the neighbourhood by barking, scratching the door or furniture, digging holes in the garden or destroying plants.
The owner of the dog must remove all excrement in the garden.
- USE OF THIS WEBSITE.
The use of the website www.casa-andaluza.com/es/de is limited to your own private use and may not be used for commercial exploitation. You are not entitled to make copies of any part of the site, change it or create a site based on it without the express permission of CA. We reserve the right to make changes to the website at any time we deem necessary. The information provided may depend on a third party, and while CA tries to ensure that all information is correct, we cannot be held responsible for any errors.
EXPIRY OF CLAIMS, PROHIBITION OF ASSIGNMENT, CASE-LAW Claims arising from the contract expire after 6 months from the day of departure.
The assignment of these claims to third parties, including spouses, is not possible.
CA is subject to the jurisdiction of the courts of Chiclana.
- Platform for Online Dispute Resolution of the European Union
Casa Andaluza 1998-2024
Casa Andaluza is a trademark of Consultoría y Marketing de la Janda, S.L.U. with registered office at C. Enólogos, 3, 64 in E-11140 Conil de la Frontera and CIF B72147705.