Rental Terms & Conditons
www.charmingvillas.net belongs to Charming Villas Catalonia SL, a Spanish limited liability company registered in Registro Mercantil de Girona,Tomo 3387, Folio 46, Inscripción 1, Hoja GI-71142 , with company registration number (C.I.F.) B10849651, and registered address at Carrer Sant Agusti 3, Besalu.
The customer, by booking a property of Charming Villas Catalonia SL, agrees to abide by the following Conditions:
Charming Villas Catalonia SL, (also referred to in these Terms and Conditions as “we”, “The Company”, “Charming Villas Catalonia” or Charming Villas") arrange bookings of accommodation (and other holiday related services).
Any reference to either “us” or “‘we” in these Booking Conditions refers to Charming Villas Catalonia SL.
References to “you” or “your” are references to the person making the booking and all members of the holiday party
Any reference to The "Owner(s)" means the owners and/or managers/ suppliers of the properties.
The "Extra Services" refer to any optional additional services that are independent of the property reservation that may include any or more of the following: cooks, nannies, guides, activities, transfers, car hire, bike hire, boat hire, etc, as advertised on the Website or via any other communication offered by Charming Villas.
1. OUR DUTY
1.1 Charming Villas Catalonia acts solely as an intermediary booking agent between the owners of each individual accommodation listed on this website and our clients.
1.2 Charming Villas is paid a fee for its time and service in connection with identifying and arranging holiday/seasonal accommodation, and in recognition of its efforts acting as a go-between for owners and clients. All rental charges quoted are inclusive of this service fee.
1.3 When proceeding with a reservation and paying for the deposit, an agreement is established on behalf of the Owner of the property - who is solely responsible for the accommodation- and you.
1.4 So that you understand the basis of the contract between you and the Owner, when you book your accommodation, we have laid out, as clearly as possible, the conditions to which your reservation is subject to.
2. How to book
2.1 When you communicate to us that you are ready to make a booking the following process will be initiated:
2.2 You will receive two emails, one with some user details (user name and password), and one with the subject title “Booking Option” which contains the details of the reservation and a link to access a private client area in our website. Please keep both emails for your reference.
2.3 Once you have logged in to our website you will have to fill in your details (name, address, contact telephone and passport number), select the desired form of payment and approve our Terms and Conditions.
2.4 The person who completes the Booking Form and accepts our conditions certifies that he/she is authorized to agree to its terms on behalf of all the persons included on the Booking Form, including any persons who may be substituted/added at a later date.
2.5 The person making the booking must be a member of the party occupying the property and must be 18 years or over. Bookings will not be accepted from parties of young people less than 18 years of age.
2.6 Immediately upon receipt of deposit payment, we will mail you a Confirmation of Booking. This will note the remaining balance, and security deposit, and when these payments are due. Keep this email for your reference.
2.7 One week before the final payment is due you will receive a reminder email, and you will be able to log in to our website again to proceed with the payment of the balance, and fill in your arrival details.
2.8 Upon receipt of final payment you will be able to download the accommodation voucher and routing instructions to the accommodation.
3.1 The initial payment required to secure a reservation is 30 percent of the total rental price.
3.2 The balance must be paid not less than 6 weeks (42 days) prior to your arrival at the property.
3.3 Bookings taken within 6 weeks of your arrival at the property must be paid in full.
3.4 The Owner and Charming Villas Catalonia are entitled to treat your booking as cancelled if you fail to pay the balance on time.
3.5 Payments are accepted by bank transfer or by card (Visa, Visa Electron, Maestro or MasterCard).
3.6 Please note that card payments from outside the EU have a small 1% administration fee. This is the amount that Charming Villas is charged for handling these transactions. To avoid this charge you can pay by transfer.
3.7 Some properties have different arrangements for payment of the deposit and balance. If applicable, this will be explained at the time of booking.
3.8 Local Tourist Tax: The Catalan Government has implemented a tax for stays in tourist establishments. This tax obliges all customers over the age of 16 to pay € 2.25 in Barcelona or € 1.00 in the rest of Catalonia (+ applicable VAT) for each day of their stay (with a maximum of 7 days). Unless indicated, this tax is NOT included in the price and will have to be paid locally in cash to the property owner or owner representative at the time of check-in at the accommodation.
4. SECURITY DEPOSITS
4.1 In most bookings a security deposit is required to cover the cost of any damages or breakages at the property, any additional cleaning, the cost of telephone and/or other services/utilities that are not included in the rental price. This amount is set by the Owner/Manager and will normally be collected in cash upon arrival at the property. On other occasions you will be required to provide a credit card, or sing a credit card guarantee accepting your responsibility for any additional costs or damages incurred during your stay. We will inform you in any case when making the reservation.
ACCESS TO THE PROPERTY MAY BE REFUSED IF THE DEPOSIT IS NOT PAID.
4.2 The cost of utilities and/or other services used by you (if chargeable) and/or any damage caused by you will be deducted from the security deposit and the remaining balance will be returned to you. If the security deposit paid by you is not sufficient to cover the cost of such utilities and/or services and/or damage, the Owner is entitled to recover any additional costs from you.
4.3 Generally all or virtually all of a client's security deposit (minus any appropriate charges) is returned on the departure day. Sometimes a small portion may be withheld until the owner checks phone or other charges for the client's stay. Delays may also arise whilst waiting for utility bills as proof of damage.
4.4 In the unlikely event that any dispute as to the amount of final charges to be deducted from the Security Deposit arises, we will, at your request, intervene with the owner to authenticate the claimed damage and mediate the dispute. However, since we have no facility for fact-finding or adjudicating the dispute, in most cases we will accept the owner's word as to the fact and the extent of the damage.
5. WHAT IS INCLUDED / WHAT IS NOT INCLUDED
5.1 Properties are let fully furnished and equipped.
5.2 Linen and bathroom towels are included in all the properties but not beach/pool towels (unless indicated otherwise). If you come with a baby please check at the time of booking whether cot linen is provided or if you should bring your own.
5.3 For stays of more than one week, there will be a change of bed linen and towels at the end of each week. If you require more frequent changes you should request this at the time of booking, for which there may be an additional cost.
5.4 Garden/pool maintenance is included.
5.5 Electricity, gas and water are also included (unless indicated otherwise). The usage of utilities is based on average readings of meters in previous rental periods. In the case of excessive usage the owner has the right to charge for the excessive consumption.
5.6 Heating for swimming pools if available, will normally be charged extra
5.7 The property will be clean at the beginning of the rental period and you are asked to kindly leave it in a reasonable condition at the end of the period. The owner has the right to charge for any additional cleaning necessary done at the time of departure, should the property not be left in adequate condition i.e.: excessive amount of rubbish, stained sofas, curtains, etc within reason. The cleaning service does neither include washing up nor disposal of rubbish.
5.8 The website states the additional facilities and services included at individual properties, other facilities/services may available upon request at extra charge. Please contact us if you require further information of what is and what is not included in the property you are renting.
5.9 Changes to the Booking Form incur a supplementary charge of 30€.
6.1 No pets will be allowed unless agreed otherwise.
7. SWIMMING POOLS
7.1 Swimming pools may not be available all year round. If your rental period is outside of June, July, August or September please check with us that the pool will be ready for use. Charming Villas cannot be responsible for low water temperatures at any period.
7.2 Please note that swimming pools carry their own inherent risks. Upon arrival at the property you and all members of your party must take time to familiarize yourselves with the location, layout, and depths of any swimming pool(s) at the property. Please take note of any pool warning signs, depth markings and other instructions for use, which may be displayed. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool.
POOLS ARE USED AT YOUR OWN RISK. ALL CHILDREN MUST BE PROPERLY SUPERVISED.
8. ARRIVAL AND DEPARTURE
8.1 Check in to the property is normally between 1600 and 1900 local time unless previously agreed with Charming Villas Catalonia. If your arrival is delayed you must inform the person whose details will be provided to you upon payment of the balance. If you arrive after 19.00 (without making arrangement to arrive late) you may not be able to gain access to the property until the following day.
8.2 Earlier check-in times must be requested in advance but may not always be possible.
8.3 You must vacate the property by 10.00 am on the day of departure. Late check outs may be requested but are not always possible, as they are subject to the discretion of the property owner.
9.1 The Owner or their representative shall be allowed access to inspect the property prior to your departure. They also have a right to access the property during your stay if urgent maintenance is required. Gardeners and pool maintenance staff may enter the grounds during your stay, normally very early in the morning.
10. SECURITY AND VALUABLES
10.1 Any valuables left at the property are left at your own risk. Neither the Owner nor we are responsible for any loss. When provided, burglar alarms must be activated, safes used and proper care be taken against theft and burglary. It is your responsibility to ensure all doors and windows are closed and locked when leaving the property, or when by the poolside/in the grounds. If theft or damage to the owner’s property occurs through negligence on your part the owner is entitled to seek compensation from you. No refund can be given should you decide to vacate the property as a consequence of a burglary unless it can be proven that the Owner has failed to inform you of anti-burglary measures in the property.
11. EXTRA SERVICES at EXTRA COST
11.1 Charming Villas provides you with a number of optional additional services that are independent of the property reservation so that your stay can be tailored to your requirements as much as possible. It is strongly recommended that any extra services are booked well in advance of your holiday to avoid disappointment.
11.2 Payment for such additional services you may require is normally made on location, although some suppliers may require a deposit to be paid prior to departure for items such as food. If the supplier asks us to collect and pass on such deposits to them this does not give rise to any liability on our part for these services.
11.3 Please note that our local service suppliers, such as private transport, guides, cooks, bike rental etc, have their own booking conditions, and these conditions are binding between you and the supplier, and not us.
11.4 We have no legal liability for anything that goes wrong on such service/activity and any claim which you might have arising out of the service/activity will be against the relevant local company and subject to the local company's terms and conditions. Some activities carry inherent risks and if you are participating in such activities you may be asked to sign a form or contract by the local supplier.
12. PASSPORTS, VISAS, DOCUMENTATION, HEALTH REQUIREMENTS
12.1 You are responsible for all members of your party's travel and health documentation (passports, driving licenses, vehicle registration documents, green card, motor insurance etc) and for any consequences arising from failure to carry correct documentation or to comply with all relevant passport or visa requirements.
13.1 It is highly recommended that all customers purchase comprehensive travel insurance prior to their trip, including cover for damage to the property and possible cancellation of your trip.
13.2 For those who participate in sports and activities whilst on holiday, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain the relevant insurance.
13.3 We cannot be held responsible for any problems arising out of the organization of insurance.
14.1 In the unlikely event of a significant change or cancellation of your booking by the Owner, we will inform you as soon as possible. If requested and if available we will try to arrange alternative accommodation of a similar type, price, standard and location. Alternatively, we will refund all monies paid by you.
14.2 Any cancellation by you (for whatever reason) must be in writing by e-mail. The effective date of cancellation is the date we receive written notification.
14.3 If you cancel 6 weeks or more prior to your arrival at the property you will lose your deposit.
14.4 If you cancel less than 6 weeks before your arrival at the property or the booking is cancelled due to your non-payment, the Owner shall be entitled to the full cost of the holiday from you.
14.5 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Claims must be made direct to the insurance company concerned.
15.1 You are responsible for keeping the property and all its contents and grounds in the same state of cleanliness order and condition as at the commencement of the holiday. You will be responsible for the payment for any breakages, loss or damage to the property caused by you. The Owner reserves the right to make deductions from the security deposit for any extra cleaning, over the number of hours committed to departure cleaning, and to claim against you for damage or loss, the cost of which exceeds the security deposit.
15.2 The person signing the contract is responsible for the correct and decent behavior of all members of the party. Should you or a member of the party not behave in such a manner, the Owner may use their absolute discretion to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. Neither the Owner nor we will have any further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and neither the Owner nor we will pay any expenses or costs incurred as a result of the termination.
15.3 Only the persons stated on the completed Booking Form may use the property unless otherwise agreed in advance by us and the Owner. The maximum numbers of people, including infants allowed at the property may not be exceeded. The Owner has the right to terminate hire without prior notice and without refund or compensation if the numbers are exceeded. A pro rata sum will automatically be deducted from your security deposit for any additional adults/children.
15.4 The property is rented as holiday/short term accommodation. If you intend to organise a function (e.g. party, wedding, cocktail party) or any busness activity at the property, you must seek prior permission from us and the property owner. Additional charges and/or an increased security deposit may be sought at the Owner’s discretion.
15.5 No smoking is allowed inside the property. Clients agree not to smoke, nor to allow smoking inside the property at any time. If this is not strictly adhered to and there is clear evidence that smoking has occurred (smoke smell, damage or burns) this may lead to a deduction from your security deposit.
16. PROPERTY DESCRIPTION
16.1 The Company applies all reasonable measures to ensure that the properties and services included in our website meet and maintain the appropriate standards, and we use a great deal of care to make sure that the description, prices and details are correct, up to date and accurately conveyed or advertised by us.
16.2 All the descriptions and information reproduced on our website, on our documentation or given by us verbally or by email, are given in good faith, based on the latest information available. However, changes can occur, and sometimes there may be small differences between the actual accommodation and its description, as both the Company and the Owners are always seeking to improve services and facilities.
16.3 Charming Villas Catatonia accept no responsibility for any descriptions which contain inaccurate, incomplete or misleading information or errors and which have been supplied by the Owner nor can we accept responsibility for any descriptions which contain inaccurate incomplete or misleading information or errors and which have been supplied by us unintentionally (as opposed to the Owner).
16.4 Furthermore, even though every effort is made to book you a property that meets your criteria we cannot be responsible for ensuring that the property is suitable in all respects for you or your party's needs.
16.5 Owners reserve the right to make modifications to the property specification that are considered necessary in light of operating requirements. In the interest of continual improvement Owners reserve the right to alter furniture, amenities, facilities, or any activities, either advertised or previously available, without any prior notice.
16.6 It is not always possible for the Company to control all elements of the accommodation whereby advertised facilities can sometimes become unavailable at short notice. However, if we become aware of material changes we will let you know as soon as possible.
16.7 Distances given are approximate. Times are approximate, based on driving, not walking.
16.8 The prices given are in Euros, and the rental period is weekly, unless otherwise stated.
16.9 Where an inventory is provided, it is in your own interest to see that this is accurate so that any loss/damage is not wrongly attributed. Please inform us of any discrepancies/malfunctions within 24 hours of arrival, after which time you will be deemed to be responsible.
17. CHARMING VILLAS CATALONIA ACTING AS INTERMEDIARY AGENTS
17.1 Charming Villas Catalonia acts merely as an intermediary booking agent between you and the Owner and/or suppliers.
As agents, we accept no liability in relation to any contract you enter into for the accommodation or for any extra services you purchase through us, or for the acts or omissions of any Owner or anyone representing, or employed by, the Owner, or supplier(s) or other person(s) or party (ies) connected with the accommodation and /or services arranged.
Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owners.
17.2 The Company shall have no liability to you for the death or personal injury to you or any member of your party. You must take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property.
17.3 If you have any complaints regarding any services we provide (as opposed to any provided by the Owner or another supplier), you must inform us immediately in writing and in any event within 7 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by any third party such as an Owner or another supplier, for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question.
17.4 While every effort is made to perform the contract, we cannot accept liability for any injury, death, loss, inconvenience or damage, alteration, delay or cancellation of the booking as a result of war, threat of war, riot or civil strife, strike, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns or with the client’s accommodation or other circumstances as amounting to ‘force majeure’ or Acts of God or other similar events beyond our control.
18. OWNER’S CONDITIONS
18.1 In connection with your booking you may be also asked to sign a contract with the owner or property manager/representative, which may specify terms additional to or different from the terms herein. Any additional requirements with respect to the use and occupancy of the premises shall be as set forth in the Agreement between you and the owner or owner’s representative, if any.
19. YOUR COMMENTS OR COMPLAINTS
19.1 Most of the properties that Charming Villas Catalonia offers to its clients are not official tourist structures or hotels. Rather, they are private homes, real people’s houses. Being such, they do not have standards or categories recognized internationally, but instead reflect in their architecture and furnishings the local traditions and personal taste of the owners. Each of them therefore is going to be different and each will have their own peculiarities. Customers much accept differences in the properties, be them architectural or cultural, relative to their own homes.
19.2 Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint we are anxious that remedial action is taken as soon as possible. It is essential that you contact the Owner or his representative immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owners or the property manager/representative is promptly notified. Discussion of any criticisms with the Owner or his representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the accommodation) cannot possibly be investigated unless registered whilst you are in residence.
19.3 If you cannot make contact with the Owner or his representative, or if the complaint is more complicated, you should communicate directly to Charming Villas Catalonia who will then attempt to resolve the problem on behalf and in liaison with the owner/manager of the property.
19.4 Complaints received at the end of the holiday will not be accepted. If you vacate the property before the departure date without notifying our local representative you will not necessarily be entitled to a refund.
19.5 If the problem was not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing within 7 days of your return. We will forward your written complaint to the Owner and will within reason liaise with the Owner to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property you may have. However, it is your responsibility to take the complaint up with the Owner directly if no satisfactory settlement can be reached.
19.6 Neither we, nor the Owner can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner's control. In the event of building works taking place by local authorities, private developers or neighbours, it is important to note that we are not responsible for such work, are unable to stop such work taking place or unable to control the level of noise. If a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance.
19.7 We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas, electricity or internet connection.
19.8 Where internet connection is provided, we cannot be held responsible for the tenant’s inability to connect to a working connection for the speed of the connection , for the technical variability and potential incompatibility of networks, hardware and software, or for a non-functioning connection.
19.9 In the event of discharge our liability shall be limited to the return of the sums paid to us as agents, in respect to the unused portion of the rental calculated on a pro rata daily basis.
20. changes to the terms
20.1 We reserve the right to update these terms and conditions from time to time and you agree to abide by the most recent version of these conditions.
21.1 In the event of any dispute arising under this Terms and Conditions for which resort to the courts becomes necessary, Charming Villas Catalonia and you each agree that personal jurisdiction and venue in any such legal proceedings shall be exclusively dealt by the Girona Courts, Spain.
21.2 By confirming and paying for the booking, the customer implies that Charming Villas Catalonia Terms and Conditions have been understood and have thereby been accepted without reserve and without exception. If any of the conditions of this contract have become invalid or were invalid or if in this contract there should be a gap, the other conditions cannot be contested.