Terms of use

OBJECT. The owner and leasing party of this contract assigns a seasonal use lease. The Landlord states that said house is fully furnished and with all the furniture and appliances in good condition of use and use. The landlord or owner will give the tenant on the date the keys and hand over the house in a good state of cleanliness, together with sheets, bedspreads, towels, etc. The owner and leasing party declares that all the goods are in good condition, and that they lack any type of breakage or malfunction or hidden defects, of which the tenant party will not be responsible. This lease constitutes a Season Lease for vacation reasons, as provided in article 3 2 of Law 29/1994 on Urban Leases, and under no circumstances and situation that occurs, the lease of the object of this contract may used regularly.

CANCELLATION. Guests who need to cancel a booking should contact us as soon as possible. Deposits already paid are only refunded according to the following conditions; 

• Cancellation made 30 days or more prior to arrival date = Refund of payments already made and cancellation of the booking with no additional obligations.
• Cancellation made between 30 and 7 days prior to arrival date = 50% refund of the cost of the stay, net of deposits already made. 
• Cancellation made less than 7 days before the arrival date = Full amount of the reservation is due, with no refund.

It is suggested that booking guests take out holiday/cancellation insurance where necessary. The property is not responsible for cancellation by the hirer due to circumstances beyond our control. Liability to the hirer is in any case limited to the refund of any payments already made.

INCOME AND DEPOSIT. The rent for the total season will be provided by the website or electronic platform on which the reservation is made, depending on the date of entry, exit, number of occupants and other factors. This rent includes all the expenses corresponding to the supplies of: water, electricity, gas, Internet and the community of said house. Additionally, a payment will be made to the lessor as a guarantee for damages of the rented home, which will be returned by the owner or lessor after a maximum period of 15 days from the date of termination of the lease, if there is no place for its retention. Said deposit will be returned by bank transfer to the account indicated by the lessee for this purpose, only discounting the damages - if any - caused by the misuse of the property by the lessee, duly described, valued and documented by the lessee.. The payment of the rent and the deposit that will be paid through the electronic payment system of the website www.porta-maris-javea.com or on the vacation rental platform where the reservation is made.

DURATION. This housing lease contract is granted exclusively for the season starting at 6:00 p.m. on the agreed entry day and will be automatically terminated without the need for any notice at 12:00 p.m. on the departure day. making on this date the tenant party the delivery of the keys. The Lessee must leave the rented home in the same state in which they found it, leaving it free of effects and furnishings, with the services available to it remaining in good condition: furniture and furnishings, except for wear and tear caused by ordinary use thereof.

OBLIGATIONS OF THE PARTIES. The tenant party is obliged to keep the rented home in good condition during the period of duration freely agreed between both parties, except for wear and tear caused by ordinary use of it.

• The tenant party may not carry out annoying, unhealthy, harmful, dangerous, illicit or contrary to the bylaws of the Community of Owners in the home. Nor can you store flammable, explosive or corrosive materials in the home and / or carry out commercial or industrial activities there.
• The tenant party must observe the rules of the house, which are attached as an annex to this contract.
• The Lessee will be directly and exclusively responsible and exempts the property from all responsibility for: I) Damages that may be caused to people or things and are derived from facilities for services and supplies of the rented seasonal home. II) Damages, deterioration or losses that occur in the same, caused by the misuse of the same by the tenant or the people who live in the house.
• The tenant will not be able to carry out works, or introduce any modification without written permission of the lessor. In no case may you drill or drill holes in the walls.
• The owner or leasing party will keep the supplies of water and electricity, gas, etc., up to date with payment and in full operation as well as the current home insurance.
• The tenant party will inform the landlord of the number of people who will spend the night during the contracted stay. Said number may not exceed in any case the maximum capacity of the house, which is 16 people. If, after hiring, more people than those initially informed would be allowed to stay overnight, the owner's authorization must be requested, never being able to exceed the maximum capacity (The less than 16 people or the maximum allowed by law or competent authority in the entire duration of the reservation).
• Although we will do our best to reunite lost properties with their owners, we do not accept any responsibility for the replacement of lost items and we encourage guests to ensure that they have all their belongings prior to departure.

DISCLAIMERS. The tenant party waives the rights contained in articles 31 to 33 of the Urban Leasing Law, and therefore the rights of lease, subrogation, assignment, or transfer, whether in whole or in part, trial, withdrawal and right to challenge the transfer or sale of the rented home. The lessor informs the lessee that, as part of the security system of the dwelling, there are 3 cameras located inside the dwelling that control the main accesses to the dwelling. These cameras are perfectly visible and are in no way intended to invade the privacy of the tenants. Moreover, the camera lens can be blinded at will by means of a sliding tab integrated in the camera equipment. The landlord authorises the tenant to blind these cameras at will for the duration of the tenant's stay. The security system of the flat is also equipped with an intercom microphone which is used to communicate with the alarm centre in the event of an alarm being triggered. These cameras or microphones are only activated in the event of an alarm. During the tenant's stay, the alarm is always switched off, so that the cameras or microphones can only be activated in the event of misuse of the security equipment in the flat by the tenant. The tenant declares that he is aware of and agrees with these circumstances, which in no way violate his right to privacy.

PENAL CLAUSE: Failure to comply with the obligation to leave the home after the agreed term will oblige the Lessee to pay, as a penalty clause, the sum corresponding to double the daily rent, payable for weeks overdue until the free availability of the home by the leasing party, without prejudice to the costs, expenses and other indemnities that were in his charge, including minutes of lawyers and attorney, although their intervention was not mandatory.

JURISDICTION AND APPLICABLE LEGISLATION. The integral parts submit to the jurisdiction and competence of the courts and tribunals of Madrid. The current law being applicable, both within or outside the Urban Leasing Law (LAU), and all the conditions and stipulations agreed upon within this contract by both parties. In the event of a conflict of interpretation of the conditions set out in these conditions between the Spanish version and any translation into other languages, it is the Spanish version that prevails.

ANNEX: House Rules

General requirements

All guests (and anyone else visiting the property) must adhere to the property's rules of use and other instructions provided by the owner during their stay. Guests must notify the owner / manager of any disputes and / or complaints by neighbors immediately.

Noise and neighborhood

Guests will be responsible for all acts carried out by minors accompanying them throughout their stay, and for any inconvenience caused to other residents of the neighborhood. Likewise, they will be responsible for the proper use of the house (including furniture, decorative objects, upholstery and walls).

Guests and their visitors should keep noise to a minimum so as not to disturb other residents of the area, especially during hours when they may be sleeping, and when they arrive and leave the property. Excessive noise is prohibited in any case and time, and can lead to the end of the guests' stay, eviction, the loss of the amount paid for the entire stay and a reduction of the deposit

Guests and their visitors are strictly prohibited from behaving in a disrespectful manner towards residents of the area, and should minimize their impact on them, and on the neighborhood in general.

Visits and parties

Guests are allowed to receive guests during their stay up to a maximum of 10 additional guests registered, as long as they do not stay overnight at the property. Guests are responsible for not exceeding the number of guests allowed. All guests must comply with the rules set forth in this document. If a guest wants to spend the night in the property, it must be communicated and previously approved by the owner.

Parties are not allowed on the property. Small gatherings, gatherings of friends and children are allowed, as long as the rules already indicated regarding noise, neighborhood and visits are taken into account. The celebration of mass gatherings, birthdays, weddings, communions, baptisms, bachelor parties, New Year's Eve, Carnival, as well as any commercial use of the house by the tenants that is not previously authorized by the owner is totally prohibited. Any of these actions may lead to the end of the guests' stay, eviction, the loss of the amount paid for the entire stay and a reduction in the deposit.

Parking

Parking of up to 5 cars is allowed inside the farm. Any other cars that park in the neighborhood must respect the local parking regulations.

Trash and recycling

Guests and their visitors must take care of garbage and recycling in accordance with current regulations, and will not leave any type of waste in common areas or unauthorized public areas. Garbage, conveniently closed in bags, should be stored in the plastic containers arranged for this purpose, and in no case outside of them.

In no case should garbage be left in said containers for more than a week, and must be transported by the tenants to the garbage collection area located in the Cap Martí park, where there are different containers provided for collection. Garbage must always be transported to said collection point before check-out, otherwise the owner reserves the right to charge a penalty of € 15 per container that has not been properly emptied, subtracting from the deposit.

The owner is not responsible for any potential fine due to the lack of adequate separation of the waste made by the tenants, and if it occurs, it will be passed on to them, subtracting it from the deposit.

Security

Whenever guests leave the property, it is their responsibility to ensure that windows and doors are properly closed so as not to jeopardize safety and prevent damage caused by rain or other atmospheric phenomena.

Guests will need to turn off lights, taps, air conditioners, fans, and electronics when they are not needed to save energy and water. They are not allowed to leave the air conditioning on when they are not in the house.

For safety reasons, the use of glass objects near the pool is strictly prohibited. It is the responsibility of the guests to supervise any minor when using the balconies and terraces, as well as the swimming pool or the vicinity of the water tank. There must be at least one adult in the pool area, when minors are present in the area.

The house has fire extinguishers to deal with accidental fires. It is strictly forbidden to use the extinguisher without just cause. In case of being used, regardless of the reason, it is essential to notify the owner for its replacement, since once opened, it is completely consumed and is unused for future uses.

It is not allowed under any circumstances to use the built-in barbecue, or to make fires anywhere in the entire property. For this purpose, a barbecue and a paella pan are available to guests, both with gas and with enough butane. It is also not allowed to use the fireplace. The house has gas central heating and supplementary electric radiators. In the event that remains of embers or ashes are found in the property, a cleaning charge of 70E will be applied with a charge to the deposit.

It is totally forbidden to manipulate the alarm equipment of the house, which will remain deactivated during the stay of the guests. If this rule is breached by the guests, causing the alarm to be triggered, the owner reserves the right to apply a penalty of 200 Euros against the deposit. 

Tobacco and animals

Pets are not allowed on the property, except by prior authorization from the owner. Smoking is allowed on the property, but restricted to outdoor areas (terraces and garden). Smoking is not allowed inside the house, only in outdoor areas (terraces and garden).

Books, toys and DVDs

The house may contain a certain amount of books, toys, CDs or DVDs intended for the enjoyment of the guests during their stay. These items can only be enjoyed inside the property, and should be treated with care and left where they were found, for the enjoyment of future guests.

Furniture and furnishings of the villa

It is forbidden to move from one room to another any furniture, belongings or equipment of the villa. It is only allowed to move to any room of the house for its supplementary use, the folding tables and chairs, the baby cot and the high chair, which are in the engine room at the disposal of the guests. Failing to comply with this rule will be penalized with 50 Euros charged to the deposit

Damages

Guests are responsible, charged to the deposit, for any damage or damage done to the property or any of their belongings during their stay by them or the minors under their care. Any damage and damage must be reported to the owner / manager as soon as possible. To avoid damage and damage, it is prohibited to move furniture from one room to another. It is expressly forbidden to eat or drink in the bedrooms, as well as to throw wipes, compresses, tampons or any other waste in the toilets. In case of flooding of any room in the house for this reason, the cost of the repair will be passed on to the guests, as well as all the damages that this fact may have caused. It is the responsibility of the guests to keep them indoors when not all the facilities are used. Furnishings that could be damaged by rain or atmospheric phenomena: hammock textiles, terrace sofas, hanging chairs, wooden furnishings and furniture, etc.

In the event that, due to a flagrant breach of these rules, the house is left in an inappropriate state of cleanliness and neglect after a stay (e.g. remains of food or cigarettes in the bedrooms, bags of rubbish inside the house, blockages in the toilets, remains of vomit, heavy furniture out of its usual place, etc.), the landlord has the right to contract an extraordinary cleaning with a fixed cost of 400E at the tenant's expense, which will be charged against the security deposit.

Cleaning and laundry

Guests will find all beds made and clean. All bedding and bathroom messages in the house will have been previously washed in the industrial laundry before your arrival and in no case will it have been used between the laundry and the guests' check-in. The basic accommodation service contracted includes a weekly change of bed linen or towels. Additionally, there is a cleaning and laundry service that can be hired to suit the guests directly with the property manager, if they so wish. The prices for this service indicated in this guide are indicative for the current year, but could experience variations, being those provided by the Property Manager in any case valid.

Guests can use the in-house washer and dryer to wash their bedding or towels on their own. We ask that the correct sealing of the doors be monitored to avoid possible flooding, the washing or drying cycles are completed, and the washing machine is never left on when leaving the house.

In the case of being used, the barbecue must be left clean when the guests leave. Otherwise a charge of 25E will be applied to the guests with a charge to the deposit.

The dishes used by the guest must be left clean, for which the dishwasher can be used without restriction. Otherwise, tenants will be charged a charge of 25E for each cycle of dishwasher required against the deposit.

Maintenance employees

The property receives periodic visits from Garden and Pool maintenance employees. In general, the gardeners come weekly and the pool keeper once or twice a month with no fixed day. The garden and pool maintenance employees in no case have the need to access the house to carry out their tasks.

Employees have a directive to do their work without disturbing the guests, who at all times must allow them to do their work without restrictions. The owner in general will try to notify guests when employees have to come so that they are not taken by surprise, although - if this happens - it should not be a cause for alarm.

The maintenance employees can be trusted and have been working with us for years, although they may be accompanied by other occasional collaborators. Employees have their own access key to the farm, but not to the house. If it is absolutely essential to carry out any maintenance task that coincides with the visit of the guests, and requires access to the house (eg electricians or plumbers), the owner or the manager of the house will notify the guests in advance and They will indicate the approximate time of the professional's arrival. In this case, guests must provide access to the apartment without restrictions.

Check-in and Check-out

The minimum time of entry (Check-in) of the guests will be 18:00, unless the owner authorizes otherwise. For this purpose, guests will contact the property manager at least 1 hour before arrival to receive the keys at the entrance and for the manager to provide them with 3 sets of keys and a little tour of the house. Each set of keys is valued at € 100 and will be deducted from the deposit if any of them are lost.

The property manager is not obliged to check-in after 8pm. If guests will arrive after this time, they must contact him / her to notify them and to be able to deliver the keys through the outside safe.

The maximum departure time on check-out days is 10:00h, unless the owner authorizes otherwise. For this purpose, guests will contact the manager of the property to provide the keys upon departure and that the manager previously inspect the property before the guests leave.

Compliance

Failure to comply with any of these rules implies a breach of the conditions applicable to the vacation rental contract. The owner / manager has the right to terminate the guest's period of stay if he / she does not comply with any of the rules of this house or causes inconvenience to neighbors and other residents of the community.