General conditions
Terms & Conditions
1. Making your booking
2. Paying for your booking
3. Cancellation and Amendments – if caused by You
4. Cancellation and Amendments – if caused by Us
5. The Property
6. Your Obligations
7. Complaints
8. Our liability
9. Law
10. General
1. Making your booking
Once you confirm that you want to book a property a booking form will be sent and we will hold the property for 2 days. The booking form stipulates that you must pay an initial deposit followed by a balance payment. You must make both payments within the time periods specified. If the booking form states payment in full, you must pay the full amount by the due date.
If the payments are not received by the requested dates, Take a Break Rentals reserves the right to cancel the booking and apply cancellation charges as stated below.
Once the initial deposit or full payment has been received, you will receive an email confirming the booking. The contract will only be formed when you receive the payment confirmation email and is subject to these Booking Conditions. We will also send you directions to the property and give you information about how we meet you at the property with the keys.
By paying the stipulated amount you are confirming that you have read and accepted the terms and conditions of the booking.
Your booking is not confirmed until you have received a booking confirmation. We do not recommend that you book flights before you have paid the deposit and received a booking confirmation.
2. Paying for your booking
You can pay by bank transfer to our Spanish account (the client must pay all Bank charges) and for some properties, by PayPal/Credit Card via our website. If you fail to make a payment, due to us in full, and on time, we may treat your booking as cancelled by you.
You should carefully check the details of your booking before making a payment, as well as the confirmation email and inform us immediately of any errors.
DAMAGE DEPOSIT
For all bookings we take a refundable damage deposit. The damage deposit may be used for any repair and/or replacement of the property, furnishings, fixtures and fittings that are necessary after your stay. The damage deposit may be held against any excessive noise made while you are in the property and it may also be held against extra cleaning, if the property is left in an unreasonable condition. We will return the damage deposit to you following the return of the keys to us, less any deductions in accordance with the conditions listed above.
You must notify us of any damage to the accommodation, contents fixtures or fittings which occurs during your stay, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault. We will make the final determination as to whether the damage constitutes fair wear and tear in the circumstances.
If you do not notify us of any such damage you will be fully liable for such damage on a full replacement basis. Any items having to be purchased will be replaced with 'like for like', of the same quality and standard. No 'markup' will ever be added.
You will be charged at €40 per hour to cover our time obtaining quotations, labour, travel, telephone, shipping expenses and any additional work required to fix, repair or replace broken or damaged items in time for our next guest.
3. Cancellation and Amendments – if caused by You
If you need to cancel or amend your Booking you must write to us or email us as soon as possible. A cancellation will not take effect until we receive confirmation in writing or via email from you. Credit card fees and bank charges will not be refunded.
After the deposit or full payment has been received, all cancellations will be subject to a charge of a percentage of the total rental price.
The email you received when you did your booking will have the cancellation policy on it.
Not all properties have the same cancellation policy.
4. Cancellation and Amendments – if caused by Us
We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very seldom cancel bookings. If this does happen, we will contact you as soon as possible and inform you of the cancellation or the change to your Booking. If we cancel your Booking, we will refund you any fees you have already paid to us. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
To our knowledge none of the properties in our portfolio are for sale. However, sometimes owners act without consulting us and properties change hands.
In the event of a sale and the Ownership changes, we cannot guarantee the property will continue to be used for holiday letting by the new Owner. We will notify you immediately if the property has been sold, giving you the opportunity to source alternative accommodation with our help. We will refund you any fees you have already paid to us in case we cannot find a suitable alternative.
5. The Property
The maximum number of people per property is specified on the booking form and must be respected. If we become aware that the number of people is exceeded, we reserve the right to terminate the booking without any refunds.
You are responsible for the keys to the accommodation and if you lose or do not return them, you will be charged a replacement fee of up to €300 to cover the locksmith costs.
Bed linen, bath towels as well as beach towels are provided in all our properties.
No pets are allowed in any of our properties.
Properties are available after 16.00 on the day of arrival and must be vacated by 10.00 on the day of departure, unless previously agreed in writing by us. We will always try to get you into the property as early as possible if it is cleaned and ready. If you arrive after 22.00 there will be a charge of €50 to check you into the property, and after 24.00 a charge of €90.
If your arrival is delayed, you must contact us via phone or email so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the arrival date and you do not advise us of your anticipated late arrival we will treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us.
Swimming pool
If the holiday home has a private or communal swimming pool, the tenant is responsible for the use of the swimming pool. Children should not remain in the pool area without adult supervision. Some communal swimming pool have lifeguards. Even if the communal swimming pool has a lifeguard it is still the responsibility of the tenants to keep their children safe. The use of the swimming pool is 100% at the tenants own risk. Neither the accommodation provider nor Take a Break Rentals can be held liable for any inconvenience caused by any pool or poolside closures due to work needing to be done, bad weather or any local/regional/national laws ordering the closure of pools.
Construction work
The rental accommodations are usually private properties that belong to individual owners and are typically located in large residential districts. The accommodations are usually not located in holiday parks, so construction work may occasionally occur nearby. This work may be carried out by homeowners or contractors and / or public institutions, with whom we have no relationship whatsoever and over whom we cannot exert any control. Neither the accommodation provider nor Take a Break Rentals can be held liable for inconvenience caused by any construction work.
Property decoration and furniture
We do our best to keep the pictures of the properties up to date. Nonetheless, owners make updates and changes in terms of decoration and furniture and we can not guarantee that the pictures will be updated prior to reservation. Therefore, no refunds will be made for changes within the property.
6. Obligations of the Guest
You agree to maintain the rental property and its contents in the same condition as at the beginning of the holiday. You must inform us immediately of any breakages, losses or damage to the holiday rental property during your stay. You will be responsible for the cost of any damage caused by you or your party. It is your responsibility to check the property on arrival and to report any damage or non-functioning items to Take a Break Rentals within 24 hours. If no report is made of damage or non-functioning items is made, and Take a Break Rentals finds damage or non-functioning items in the property after the departure of the client, these damages will be taken from the damage deposit of the client.
Parties - Events
It is not allowed to hold parties or events in the rented accommodation without the express written permission of Take a Break Rentals. If the tenants does not comply with these instructions Take a Break Rentals reserves the right to terminate the letting agreement with immediate effect and without further notice, expel all tenants without a refund of rent.
Music and noise
At any time of the day, it is not allowed to play music or make noise, that can be heard outside the boundaries of the rental property. If the tenants does not comply with these instructions Take a Break Rentals reserves the right to terminate the letting agreement with immediate effect and without further notice, expel all tenants without a refund of rent.
You agree to comply with the community regulations and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition. You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighboring properties.
You agree to take all necessary steps to safeguard your personal property. Parents are responsible for the safety of their children whilst staying in our properties
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
We recommend that you get a European Health Insurance Card (if you reside within the EU) – The EHIC covers accidents and just about every medical emergency. It gives all EU citizens whilst here on holiday free of charge, or reduced cost access to all state medical treatment. Please check your local travel authority or National Health Service for more information on how to apply or renew.
We will treat any of these circumstances as a cancellation of the booking by you and we shall be under no obligation to refund you for fees already paid to us in those circumstances. Any refund will be at our sole discretion.
You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs or in an emergency.
The property must not be sublet during your stay.
7. Complaints
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway.
If any complaint cannot be resolved during your holiday, you must write to us with full details within 14 days of the end of it.
8. Our liability
Our maximum liability for losses you suffer as a result of us acting in breach of these terms and conditions is strictly limited to the total fees (accommodation rent) you have paid for the Booking.
We shall not be liable for any losses which are not a foreseeable consequence of us breaking these Booking Conditions. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
We shall not be liable to you for any personal injury or damage to or loss of personal property, except where the injury, damage or loss is caused by our negligence.
This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Take a Break Rentals acts only as a booking agent for the property owner and administers the property on his or her behalf. Take a Break Rentals cannot be held responsible for the actions of the property owner.
If as a result of any of the following circumstances / force majeure (e.g. war, natural and pollution disasters, epidemics, droughts, border closures, traffic, foreign exchange regulations , strikes, lockouts and other force majeure), which could not be foreseen by the rental agreement, Take a Break Rentals and the property owner are entitled to cancel the rental agreement, since neither house owner nor Take a Break Rentals can be responsible for these events. The tenant is as a result of force majeure not entitled to recover all costs incurred.
Take a Break Rentals will not be held responsible should any damage be caused to the holiday home by insects.
9. Law
These terms and conditions and all matters that may arise from them are subject to Spanish Law and to the jurisdiction of the courts of the area where the rental property is located.
10. General
You may not transfer your Booking or any rights and responsibilities under these Booking Conditions to any other person, without our prior written consent.
If at any time any part of these Booking Conditions is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
These Booking Conditions, together with the booking form, the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the booking and supersedes any previous agreements, arrangements or discussions.
All bookings are subject to our Terms & Conditions.