General Terms and Conditions of Take a Holiday in Spain
Article 1: Definitions
- Take a Holiday in Spain: The trade name of Jasper van Tongeren, who rents out and manages holiday accommodations on behalf of owners.
- Owner: The rightful owner of a holiday accommodation who enters into an agreement with Take a Holiday in Spain.
- Tenant: The person or group of people renting a holiday accommodation through Take a Holiday in Spain.
- Agreement: The agreement between Take a Holiday in Spain and the owner, or between Take a Holiday in Spain and the tenant.
- Accommodation: The holiday accommodation offered by the owner.
Article 2: Applicability
- These terms and conditions apply to all offers, agreements, and services provided by Take a Holiday in Spain.
- Deviations from these conditions are only valid if agreed upon in writing.
- If any provision of these terms and conditions is declared invalid or void, the remaining provisions shall remain fully in force.
Article 3: Services
- Take a Holiday in Spain mediates in the rental and management of holiday accommodations.
- Services include:
- Advertising management of accommodations on its own platform, social media, Google, and print media.
- Advertising management on other platforms.
- Mediation between owners and tenants.
- Customer service for tenants and owners.
- Financial management, such as rent and deposit collection.
- Optional: cleaning, maintenance, and key transfer.
- Take a Holiday in Spain acts as an intermediary and is not a party to the rental agreement between the owner and the tenant.
Article 4: Obligations of the Owner
- The owner guarantees the accuracy and completeness of the information provided about the accommodation.
- The owner ensures that the accommodation complies with local laws and regulations and is suitable for rental.
- The owner grants Take a Holiday in Spain permission to advertise and rent the accommodation.
- The owner is responsible for all costs and taxes related to the accommodation.
Article 5: Obligations of the Tenant
- The tenant is required to use the accommodation with care and avoid causing damage.
- The tenant must vacate the accommodation on the agreed date in the same condition as it was found.
- In the event of cancellation by the tenant, the cancellation terms described in Article 7 shall apply.
Article 6: Payments
- The tenant must pay the full rental amount and any security deposit in accordance with the instructions of Take a Holiday in Spain.
- Take a Holiday in Spain transfers the received rental amounts, after deduction of agreed commissions and fees, to the owner.
- Any damages or additional costs will be deducted from the security deposit
- A deposit of 30% must be paid upon reservation, the remaining part of the payment and the deposit must be paid no later than 8 weeks before arrival. If your arrival date falls within the period of 8 weeks/56 days upon reservation, you will pay the entire amount including the deposit.
- The deposit will be refunded within 5 days after departure to the bank account number from which the payment was made.
Article 7: Cancellations and Changes
- Cancellations by the tenant must be communicated in writing.
- In case of cancellation, the following costs apply:
- Up to 56 days before arrival: 30% of the rental price.
- Within 56 days before arrival: 100% of the rental price.
- Cancellations by the owner will be communicated to the tenant in writing, with all paid amounts refunded to the tenant’s account. The owner cancels only when the accommodation cannot be rented in the agreed manner. In such cases, Take a Holiday in Spain will make efforts to arrange a suitable alternative accommodation.
Article 8: Liability
- Take a Holiday in Spain is not liable for direct or indirect damages resulting from the rental or stay in the accommodation, unless caused by intent or gross negligence.
- The owner is responsible for insuring the accommodation.
- The tenant is liable for any damages caused by them to the accommodation.
Article 9: Management and Maintenance
- If agreed, Take a Holiday in Spain will manage and maintain the accommodation on behalf of the owner.
- The costs for management and maintenance will be agreed upon in writing in advance.
Article 10: Privacy
Take a Holiday in Spain processes personal data of owners and tenants in accordance with applicable privacy laws. Refer to the privacy policy on our website for more information.
Article 11: Disputes
- All agreements and disputes are governed by Spanisch law.
- Disputes will preferably be resolved amicably. If this is not possible, disputes will be submitted to the competent court in the Spain.
Article 12: Warranty
- No warranties of any kind apply to rentals, promotions, and the services provided by Take a Holiday in Spain.
- In case of emergencies, complaints, or any dissatisfaction from/by tenants, Take a Holiday in Spain will always act as a mediator and take all reasonable actions to resolve the issue.
Article 13: Amendments to the Terms and Conditions
Take a Holiday in Spain reserves the right to amend these terms and conditions. Changes will be communicated to owners and tenants in writing or via email and will take effect 30 days after notification.