Terms and Conditions
Version 1.0
Article 1. General terms and conditions and definitions
Article 2. Establishment of rental agreement
Article 3. Payment terms
Article 4. Cost
Article 5. Deposit
Article 6. Obligations of the landlord
Article 7. Obligations of the tenant
Article 8. Arrival in and departure from the apartment
Article 9. Termination or modification of the rental agreement by the tenant
Article 10. Termination or amendment of the rental agreement by the landlord
Article 11. Liability and law
Article 12. Complaints
Article 13. Privacy
Article 1. General terms and conditions and definitions
These general terms and conditions apply to a temporary rental agreement between the landlord and the tenant of an apartment.
Tenant: The person who rents the apartment from the landlord for a certain period of time and has paid the agreed rental price to the landlord.
Landlord: EncantaSol Holiday Apartments, being the one who rents the apartment to the tenant.
Rental agreement: Agreement between the tenant and the landlord regarding the rental of an apartment.
Owner: The owner of the apartment, or his representative, who makes the apartment available to the tenant in consultation with the landlord.
Rental price: Price per overnight stay times the number of agreed overnight stays. The rental price may be increased by costs and deposit.
Down payment: The part of the rental price that the tenant owes to the landlord when booking.
Deposit: Amount that the tenant pays to the owner in advance or upon arrival at the apartment for any costs, damage or loss for which the tenant is responsible.
Arrival and departure times: The times agreed between the tenant and the landlord.
Article 2. Establishment of rental agreement
The landlord informs the tenant about the rental property, prices and conditions that are important for the conclusion of the rental agreement. The rental agreement is concluded after the tenant has fully completed and sent the booking on the landlord’s website or the booking platform and after confirmation of this has been sent to him by the landlord. In the case of a telephone booking or booking by e-mail, the rental agreement is concluded after written agreement from both parties.
Article 3. Payment terms
Within 3 days after booking by the tenant on the landlord’s website, the deposit must be credited to the bank account specified by the landlord to the tenant. If the deposit has not been credited to the landlord’s bank account within the specified period, the rental agreement is deemed not to have been concluded. The full rental price must be transferred to the landlord’s account no later than 6 weeks before the start of the rental of the apartment. If this is not met, the right to rent the apartment expires, in accordance with the provisions of Article 9.
Article 4. Costs
If costs apply in addition to the rental price, this will be stated on the landlord’s website or booking platform or discussed during the booking. The tenant will pay the additional costs in the same manner as the rental price, unless otherwise agreed.
Article 5. Deposit
The owner is entitled to charge a deposit to the tenant. The deposit must be paid to the owner at his request in advance or upon entering the apartment. The deposit will be settled immediately by the owner with the tenant after the agreed period of stay or refunded to the tenant’s bank account within 14 days if the deposit has been paid in advance. All this after deducting any costs of damage caused, defects and/or loss and consumption of energy and cleaning costs of the linen. Any deductions are reasonable and at the discretion of the owner.
Article 6. Obligations of the landlord
The landlord ensures that the apartment is made available to the tenant at the agreed arrival time in a well-maintained condition and in accordance with the booking confirmation.
Article 7. Obligations of the tenant
Upon arrival at the apartment, the tenant is obliged to inspect the home and the immediate surroundings for any defects. If, in the tenant’s opinion, there are any defects, he will immediately inform the owner. The tenant will give the owner reasonable time to rectify the situation. If, in the tenant’s opinion, the situation has not been sufficiently resolved, the tenant will immediately inform the owner or his representative.
Overnight accommodation is allowed in the apartment up to a maximum of the number of people stated on the landlord’s website or the booking platform. Only the persons specified by the tenant when booking are entitled to spend the night in the apartment.
Overnight stays for visitors are only permitted after prior permission from the landlord and payment of an additional rental price to be agreed upon. It is not permitted to allow persons into the apartment other than the tenant and the persons specified by him. The tenant is responsible for all persons specified.
In the event of violation of the above provisions, the rental agreement will be terminated with immediate effect and access to the apartment will be refused. The tenant remains liable for the full rental price. After termination of the agreement, the owner is entitled to rent the rented property directly to another party.
Furthermore, it is not permitted to open closed spaces. When leaving the apartment, even for a short time, the apartment must be completely locked. In the event of theft or loss as a result of non-compliance, the tenant will be held liable for the entire damage. Smoking is not allowed in the apartment. In the event of fire as a result of negligence, the tenant will be held liable for the damage.
Use of water and electricity will be deducted from the deposit unless otherwise agreed. If it turns out that the deposit is insufficient and there is disproportionately high consumption, costs will be charged to the tenant.
Article 8. Arrival in and departure from the apartment
Arrival and departure take place on the arrival and departure dates stated in the booking confirmation. Arrival of the tenant is from 3 p.m. Departure must take place before 11:00 am.
Upon arrival, the tenant checks the apartment and the immediate surroundings to ensure that, in his opinion, there are no defects (see Article 7.).
Upon arrival, the tenant checks whether the apartment and whether the inventory is complete and undamaged. If anything is damaged or missing, the tenant must report this to the owner within 12 hours of arrival. He will do his utmost to repair or replace or supplement it.
The expected time of departure must be communicated in a timely manner by the tenant to the owner or his representative, who will inspect the property together with the tenant.
The apartment will be delivered neat and “broom clean” at the end of the tenant’s stay. Crockery and accessories are placed back in the cupboards clean and dry. Moved furniture must be returned to its original location. Damage, defects or missing items must be reported immediately by the tenant to the owner or his representative.
Article 9. Termination or modification of the rental agreement by the tenant
The tenant cannot make any changes to a booking other than after consultation with and approval of the landlord.
In the event of full or partial cancellation of the booking of the stay in the holiday home or termination of the rental agreement by the tenant, no refund of the rental price will be made. This is regardless of whether the cancellation takes place before, during or after the stay.
In the event of subsequent employment or premature termination of the stay in the apartment, the full rental price remains due.
Article 10. Termination or amendment of the rental agreement by the landlord
The landlord can terminate or change the rental agreement in the following cases:
A. In the event of failure by the tenant to pay the rent (on time).
B. Force majeure, war, strike, natural disaster, extraordinary weather conditions, fire, death of landlord or homeowner or their immediate family. All amounts paid by the tenant for unexpired overnight stays will be returned to the tenant within 30 days after termination.
C. Due to circumstances that are of such a nature that rental of the holiday home becomes impossible, such as: theft of inventory, vandalism to the holiday home and the unauthorized admission of persons as described in Article 7. If this is the fault of the tenant, amounts paid for overnight stays that have not yet expired will not be refunded.
The landlord is not liable for any damage the tenant suffers as a result of the termination of the agreement.
Article 11. Liability and law
The landlord accepts no liability for:
A. Theft, loss or damage of any nature whatsoever that occurs to the tenant during or as a result of the rental of and stay in the rented apartment.
B. The breakdown or decommissioning of technical equipment in the apartment, temporary failure or disruptions to water and/or energy management, road and/or construction work in the area surrounding the apartment.
C. Damage or injury resulting from the use of the apartment, including inventory, or accidents in and around the apartment.
The tenant is jointly and severally liable for all loss and/or damage to the rented property and its inventory, regardless of whether this is the result of actions or omissions of the tenant or third parties who are in or around the rented apartment with the tenant’s permission. . In case of incorrect use or incorrect abandonment of the rented apartment, the costs will be passed on to the tenant. The landlord will make every effort to provide correct information to the tenant, but is not liable for any unexpected inaccuracies and/or omissions in the information provided.
Spanish law applies to all disputes between tenant and landlord.
Article 12. Complaints
All complaints relating to the use of the apartment must be immediately submitted by the tenant to the owner. The tenant will give the owner sufficient opportunity and cooperation to resolve the complaint within a reasonable time.
If any defects found or a complaint cannot be resolved on site with the owner, the tenant must contact the landlord as soon as possible. He will make every effort to resolve the complaint as quickly as possible and to the tenant’s satisfaction.
If the complaint cannot be resolved satisfactorily, the tenant must submit it to the landlord in writing and stating reasons. Complaints can be submitted no later than 14 days after the end of your stay in the holiday home.
DISCLAIMER
Information you provide in our guestbook can be read by other visitors. Therefore, please make sure that you do not entrust any personal information to the guestbook. EncantaSol Holiday Apartments reserves the right to refuse or change comments at its sole discretion and without giving any reason.
By making a booking you will be included in our address database. If you no longer wish to receive this, please let us know via the contact option on the website. In the context of the Personal Data Protection Act, we do not provide your personal data to third parties. We use your information to keep track of the status of your reservation and payment. Furthermore, to send you the necessary information about your stay and finally to keep you informed about our services.
The address of the complex and directions can be found in the confirmation of your reservation.
In various places on our site, links have been made to third-party websites. EncantaSol Holiday Apartments is not responsible nor liable for the content hereof.
EncantaSol Holiday Apartments gives you tips to enhance your stay in Spain on the Costa Blanca. Following these tips is entirely at the tenant’s own risk and no rights can be derived from this.
Article 13. Privacy
Collection of Personal Information.
As a visitor to the EncantaSol website, you can participate in various activities without providing any personal information. However, if you register as an EncantaSol customer you can use the website to order products or services and make reservations. We may collect the following personal information about you to provide you with these services:
• Contact details such as your name, company name, telephone number, address and email address;
Depending on the reservation, some of the information we request from you will be designated as mandatory and some as optional. If you do not fill in the mandatory information for a particular reservation, we cannot accept the reservation.
As with most websites, EncantaSol or third-party sub-processors authorized by EncantaSol may collect certain technical and routing information about your computer when you use the Website to facilitate your use of the Website and associated services. For example, we may track environmental variables such as browser type, operating system, CPU speed, and your computer’s Internet Protocol (IP) address. We use these environment variables to view and simplify the way you use the site and associated services. EncantaSol also uses environmental variables to measure traffic patterns on the website. To better understand the needs of our visitors, we may occasionally link such information to your personal information.
To limit errors in our database, validate our users, and prevent misuse of our system, we may occasionally supplement the personal information you have entered with information from third parties. For example, we may supplement your contact details with address details provided by PostNL, to qualify your information and prevent errors in our database. We may supplement the information we collect directly from you with information stored in third party databases, such as demographic data or company information, to increase the likelihood that any promotional material we send to you will be relevant and interesting to you.
Update your personal information and privacy preferences.
Upon request, EncantaSol will provide you with information about whether we hold or process any of your personal data on behalf of a third party. Please contact us at info@encantasol.com if you would like to request this information.
You have the right to view, correct or delete your personal data and privacy preferences at any time. For security reasons, certain personal information can only be changed by contacting support. We try to respond to your request within a reasonable time.
How your personal information is used.
EncantaSol uses your information to confirm reservations, comply with our legal obligations and send our newsletter. Your personally identifiable information will not be shared or sold or rented to third parties other than as described in this privacy policy. EncantaSol may use this information for the following:
• Process your financial transactions;
• Send you confirmations for a reservation;
• Respond to questions and problems;
• Send information requested by you;
• To keep you informed of special offers from EncantaSol;
• Manage promotions you participate in;
• Keep you informed via our newsletter;
• To meet our research needs to improve our website, services and offerings;
In certain situations, EncantaSol may be required to disclose personal data. We may release information about you if we determine that such release is necessary for national security, law enforcement, or other matters of public interest.
Share information with service providers/agents.
EncantaSol shares personal information with certain companies that provide services on our behalf. We only share the personal data necessary for them to provide these services. We require any company with which we may share this personal information to protect the data in a manner consistent with this policy and to limit the use of such personal information to the performance or services for EncantaSol.
We do not resell or otherwise provide personal information to other companies for the marketing of their own products or services.
Retention of data.
We will retain your information for as long as your information is necessary to provide you with reservations and orders or as required to comply with our legal obligations. If you wish to delete your account or request that we no longer use your information to provide you services, please contact info@encantasol.com. We try to respond to your request within 30 days. We will retain your information and use it as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Choice/unsubscribe.
You can opt out of receiving email updates and newsletters from EncantaSol by sending an email to info@encantasol.com.
Protection of your personal data.
We are committed to protecting the personal information provided to us. We do this both during the provision of the data and after its receipt. However, no method of transmitting information over the Internet or storing it electronically is 100% secure. Although we consider the sensitivity of the personal information we collect, process and store, and the current state of technology to use these measures to protect your personal information, we cannot guarantee absolute security.
If you have any questions about security on our websites, please contact us at the following email address info@encantasol.com
Cookie and Tracking Technologies.
The site may automatically collect information as you browse, such as internet service provider, browser type and version, operating system and device type, average time spent on our site(s), pages visited, the information you obtain, the internet protocol address ( IP address) used to connect your computer to the Internet and other relevant data. Such information is also called web analysis or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve the services we provide, to improve our marketing and analytics, and to provide site functionality.
Technologies such as cookies, beacons, tags, and scripts are used by EncantaSol and our partners, analytics services, and service to provide site features and functionality. These technologies are used for trend analysis, site administration, tracking users through the site, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies from these companies on both an individual and aggregate basis.
• A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which are deleted when a user closes his or her browser, and/or persistent cookies, which remain on the user’s computer until manually deleted. Most browsers can warn you that cookies are being used or refuse cookies altogether. If you do not want us to use cookies in your browser, you can set your browser to refuse cookies or to notify you when a website tries to place a cookie on your computer. Rejecting cookies may affect your ability to use the site.
We give you the opportunity to share information such as messages, photos and videos from EncantaSol. Please note that we cannot control the actions of others with whom you choose to share your pages and information.
Changes to the privacy policy.
EncantaSol reserves the right to change the Privacy Policy from time to time in its sole discretion and will post notice on the home page of the Website when we make any material changes to the Privacy Policy prior to the change becoming effective. If you would like to adjust the way EncantaSol may use your personal information because of these changes, you can do so by sending an email to info@encantasol.com.
Links to third party sites.
Our site contains links to other websites where a different privacy policy may apply than that of EncantaSol. If you submit personal information to such a site, that information will be treated in accordance with the privacy policy of that site. We encourage you to carefully read the privacy policies of any sites you visit.
Social media widgets.
Our website may employ social media features, such as the Facebook Like button and widgets, such as the Share button, or interactive mini-programs that run on our site. These features may collect your IP address, track which pages you visit on our site, and set a cookie to enable the feature to function properly. Social media features and widgets are hosted either externally or directly on our site. Your
interactions with these features are governed by the privacy policy of the company that provided the feature.
Single sign on
You may be able to log in to our site using login services such as Facebook, Instagram or an Open ID provider. These services verify your identity and give you the option to share certain personal information with us, such as your name and email address, to partially complete our registration form. Services such as Facebook, Instagram give you the option to post information about your activities on this website to your profile page to share with other people within your network.
Children
We do not intend to collect personal information from minors. Do not enter any information on this site or use our services if you are under 18.
Privacy complaints
EncantaSol takes the privacy concerns of its users seriously. If you believe that EncantaSol has not adhered to its privacy policy regarding personal information, please email EncantaSol at info@encantasol.com. Please describe in your email, in as much detail as possible, the ways in which you believe EncantaSol’s privacy policy has not been adhered to. We will promptly investigate your complaint and contact you as soon as possible.