Rental Agreement
Casa Andaluza, in the following text called "CA", was founded in Munich in 1998. Since 2001, our place of business and legal seat is at C. Chiclana, 64, E-11140 Conil. In January 2010, Casa Andaluza became a registered brand of Consulting y Marketing de la Janda, S.L. As an agency for holiday lettings, CA is acting as an intermediary between property owners and holiday makers. All contracts between CA and their customers are subject to Spanish legislation. Please read the terms of business carefully.
We are not responsible for typing errors or mistyped numbers in the object description.
1 Reservation and Booking
Send us your inquiry per online-reservation, email, phone or fax, indicating the property and travel dates. Although our online booking calendar is always updated, it shows only confirmed bookings, not pre-reservations. You will get an immediate response (max. 24h on workdays), with the confirmation of availability or a suggestion of alternative properties.
You can now confirm the booking or ask us to hold an option on the property, valid for max. 48hs (pre-reservation). If you do not confirm the booking within this period, your option is cancelled (usually we send you a brief email reminder to find out if you are still interested). If you confirm your booking, we send you the travel documents (invoice, information about arrival) and the contract between CA and the customer is valid.
2 Terms of Payment
To calculate the rental price, you choose the daily rental price which corresponds to the length of your stay and the season(s) and multiply by number of days (for each season, if more than one is included in the time requested).
The minimum rental time is usually 7 days, but on request there are also possibilities for short breaks. In this case, you calculate the rental price as follows: 6 days = price for 7 days * 90%, 5 days = 80%, 4 days = 70%, 3 days = 60%, 2 days = 50%.
Deposit payment of 20% of the rental sum is due as soon as you receive the travel documents.
Balance payment of 80% is due 4 weeks before arrival. If the date of booking is less than 4 weeks to your arrival, the whole amount has to be paid immediately.
Payment in cash on the spot is only possible when
a) you have settled at least 50% of the rental price in advance and
b) the payment is backed up by an authorisation to debit your credit card for the owed amount.
Bank transfer and credit card: You can either pay by bank transfer to our account at UNICAJA in Conil (all bank expenses have to be paid by the customer) or by sending us your credit card details in the form enclosed with the invoice. Please note that there is a commission of 3% on credit card payments.
We only hand out the keys to the property after the whole price is paid. CA can cancel a booking in case of delay and non-reply to reminders sent.
3 Obligations and Responsibilities of CA
Our part of the contract consists of letting you the booked property in the state and with the equipment described on the website and, where it applies, with all additional information or agreements.
Not included in our responsibilities are all circumstances that are not directly related to the property and the services of CA, without regard of our obligation to inform you about any changes to the property and its situation, as far as we have knowledge of those facts. This relates especially to the surroundings, beaches and regional circumstances (e.g. construction work).
We are not responsible for defects or faults of our business partners (e.g. car rental company).
If by any circumstance outside of our responsibility, the booked property cannot be used as a holiday accommodation, we can offer you an alternative property of similar characteristics. Only in case we are not able to offer you a suitable alternative, you have the right to remain in the property with a price reduction or get your rental back for the days you are not using the property. This applies especially to building noise in the surroundings, or climatic events, which have caused deterioration to the property or its access.
4 Cancellation, change of reservation
You can cancel the booking before arrival day anytime. In your own interest and as a mean of evidence we recommend to send us your cancellation per email.
In case of cancellation we charge the following fees:
a) Cancellation until 61 days before arrival 20% of the rental price
b) Cancellation between 60. and 35 days before arrival 50%
c) Cancellation between 34. and 10 days before arrival 80%
d) Cancellation less than 9 days before arrival 95%.
The rental price includes usually a
travel insurance for cancellation fees. Only hotel bookings and last-minute bookings are not insured. You can renounce to this insurance within 48hs after receipt of your travel documents witn a refund of 10 Euro.
If you want to change your travel dates or the accommodation after the booking has been confirmed, we charge a fee of 30€, in case the arrival date is 61 or more days ahead. If the date of your arrival is 60 days or less, any change of reservation supposes the cancellation of the booking together with a new booking. If there are only minor changes, which are possible without major effort and costs, we reduce the fee to 30€ + possible other costs that arise from that change. Please observe that each booking involves an independent contract with the corresponding property owner, therefore a change to another property supposes the cancellation of the individual contract with the owner with the booking of another property.
5 Cancellation by CA
We can cancel the contract before arrival in case of non payment of the 1st or 2nd instalment after having sent a reminder of payment.
We can cancel the contract after arrival, if you or your travel companions are behaving in a way, which might cause a damage to the property and/or lead to excessive costs for the owner or the agency. This refers especially to negligent or irresponsible behavior. In that case we have the right to keep the total amount of the rental. However, we pay back 80% of the payment received for re-renting the property during the period of time in question.
6 Unclaimed services
In case of delayed arrival or early departure, you have no claim for a (partial) devolution of the rent. However, we pay back 80% of the earnings we receive by a new rental for period of time in question.
We will refund you the payments made for unused extra services, once deducted the costs incurred by delivery etc.
7 Security deposit
We ask for a security deposit of at least 100€ (we ask for higher deposits for luxury properties, mentioned in the property descriptions) to cover - damages of the property, its outside area and its inventory- additional cleaning costs when property is left in a state of excessive untidiness- waiting time of cleaning team when you leave the property later than 11:00 on the day of departure.
If you bring a pet, the security deposit is 250 Euro. You can either send the securtiy deposit together with the balance payment, or by authorizing us to debit your credit card for the amount of the security deposit. If the deposit is sent by transfer, we return the amount approx. 4 weeks after departure. In case of credit card deposit, we do not debit your card unless we receive a damage report.
In case of a damage report, we inform you about the damages reported and send you all receipts to justify the compensation.
8 Special obligations of the customer
The property can only be used by the number of people that are named in the booking. In case of overbooking, we can ask for a compensation payment for the period of the overbooking (usually 10% of the rental price per person) and can demand the immediate dislocation of the excess of guests.
It is strictly forbidden to camp on the estate (put up tents, park caravans..). You are responsible for all people that are travelling with you, to treat the property with care and to notify CA immediately about damages and defects.
You are obliged to leave the property in a clean and tidy state (dishes washed, garbage removed, floors clean from sand and dust, everything on its place, and linen removed from the beds).
You are obliged to do everything possible to avoid any damage, disturbance or defect, which includes pulling back sunshades when strong wind is coming up or taking inside cushions and mattresses before rain starts or at night time.
9 Notice of defects
In case of defects you are obliged to immediately notify the owner, property manager or CA, asking for remedial action. In case that remedial action is not possible, we can offer you a discount on the rental price. If it is objectively impossible to continue your holidays in the booked property, we will offer you an alternative accomodation of similar characteristics. Only in case that we can not offer you an comparable accommodation for your holidays, you have the right to withdraw from the contract and claim a refund of the payment which corresponds to the cancelled period.
Any claims to CA have to be notified within one month after departure. After that period, any claims will become statute-barred.
We do not accept any claims for compensation or price reduction "a posteriori" if we haven't been notified of defects during your stay.
10 Statute barred claims, prohibition of cession, jurisdiciton
Any claim are in lapse 6 months after the departure day according to the contract. You can not cede your claims to other persons which have travelled with you, spouses etc. Jurisdiction is in the courts of Chiclana de la Frontera.
© Casa Andaluza 2001 - 2011
Casa Andaluza is a brand of Consulting y Marketing de la Janda, S.L. with business seat in in C. Chiclana, 64 in E-11140 Conil de la Frontera and VAT-ID ES-B72147705.

