General Conditions

DEFINITION OF TERMS

In these General Conditions the following is understood as:

• La Caza: La Caza Moraira-Benissa S.L. with the address Av. l'Alcudia 14, 03720 Benissa, info@lacaza.nl, registerd with the ‘Registro Mercantil de Alicante’ under tab A-172308, part 4338, folio 160 with CIF no. B502919504, hereinafter referred to as La Caza
• (Main) Tenant: A (natural) person who rents or intends to rent a Holiday Home from the offer of La Caza.
• Fellow Tenant: The person who stays in the Holiday Home together with the (Main) Tenant.
• Manager: The person who takes care of the management tasks of the holiday home on behalf of the owner of the holiday home.
• Consumer: A natural person who rents a holiday home and does not act in the course of his business or profession.
• Third Parties: Any other (legal) person, not being La Caza or the Tenant.
• Owner: The rightful owner of a holiday home (or his representative) who offers the house to La Caza for rental purposes.
• Cancellation: The revocation or dissolution of the booking.
• Booking: A reservation of a holiday home accepted by La Caza.
• Dissolution: The judicial “undoing” of the rental agreement on account of noncompliance with the obligations by virtue of the rental agreement.
• Holiday Home: For example a home that is offered for rent by La Caza as holiday accommodation.
• Stay: The factual use of a holiday accommodation.

General

These General Conditions are applicable to all proposals and offers of, agreements with and deliveries and services of La Caza. Thus you must properly take note of the content of these conditions in advance. They contain both our and your rights and duties.

The General Conditions will apply to all accommodation agreements concluded and proposals of, agreements with and deliveries and services of La Caza. You must therefore read the contents of these conditions very well in advance. Your and our rights and duties are stated there.

Deviating stipulations, arrangements or regulations are only applicable if and to the extent that they are confirmed by La Caza in writing. Oral arrangements and/or promises of employees of La Caza are exclusively valid if confirmed in writing by thereto authorised employees of La Caza.

These General Conditions are exclusively applicable to legal relationships between La Caza and Consumers and not to legal relationships between La Caza and companies respectively persons acting in the course of their business or profession.

Kind of agreement

La Caza mediates with regard to the realization of rental agreements between owners and tenants. The rental agreement is always an agreement between the owners and the tenant. Only between these parties rights and obligations arise from the rental agreement.

La Caza acts as representative of the owners and is only responsible as far as it concerns the performance of the mediation. Anyway, La Caza is only responsible for the rental sum paid by the tenant.

Information on Cookies

For the use of our website we need to make use of cookies. The cookies are used with the purpose to recognise you as soon as you visit the website again. These cookies are solely for the purpose to ease the use of our website.

If you wish you can configurate your browser to giving you a message when a cookie is placed and to prevent the installation of a cookie on your hard drive. However, this does not enable you to then make use of all the possibilities within our website. The storage and passing of your data through the internet are secured. La Caza does not gather data and/or personal information through cookies. Please consult the instructions of your browser for more information.

Reserving your holiday

You can make a reservation by phone or through the internet. Every booking commission will be confirmed by La Caza by mail with an invoice / booking confirmation. If you do not receive this confirmation within 24h after your reservation, you must immediately contact La Caza.

The booking confirmation sent by La Caza contains all relevant information for the stay at the booked holiday home. In the interest of a good booking and to avoid misunderstandings the Tenant undertakes to immediately after receipt of the booking confirmation check the correctness and completeness of the booked information and to report possible incorrect or incomplete information to La Caza within 7 days after receipt of the booking confirmation. If this kind of communication fails to materialise within the imposed deadline then the Tenant will no longer be entitled to invoke the incompleteness or incorrectness of the booking confirmation.

La Caza will reserve the right to refuse or accept a reservation request without giving specific reasons.

Rights and obligations of the Tenant of the holiday home on the spot

Apart from these conditions local laws are always applicable to the situation on the spot. To the extent not otherwise determined by law these conditions will prevail.

The Tenant must, unless stipulated otherwise in the rental agreement or the voucher, have left the holiday home not later than the time specified in the rental agreement. La Caza will never be liable for the consequences of departure later than the specified time.

In case of a departure later than the time specified on the voucher the Tenant must pay an extra rental price per day.

The Tenant must act as a good tenant and must use the holiday home in accordance with the reasonable instructions for use given by La Caza or the Owner/Manager.

The Tenant is by law liable for the damages to the holiday home or the goods located therein caused by him or his fellow tenants. Damages must immediately be reported by the Tenant to the Owner or the Manager. Repair or replacement costs must forthwith be paid by the Tenant on demand of the Owner/Manager.

Upon departure the Tenant must leave the holiday home behind in a good state, i.e.: broom-clean. The goods present in the holiday home must always be returned to their original location (upon arrival). Crockery must be washed and stored at the thereto designated location. The Owner/Manager is entitled to carry out a final check at the moment of departure. If the Owner/Manager observes that (multiple) goods have not been returned to their original location or if the holiday home is not broom-clean the Owner/Manager will be entitled to charge the Tenant extra (cleaning) costs.

The Tenant must use bedclothes on the beds and is not authorised to use the beds without bedclothes.

Termination of the rental agreement

La Caza is entitled to terminate the rental agreement with immediate effect: a. if, after having been given notice of default, in default of compliance with any compelling obligation by virtue of the rental agreement and/or these conditions; b. if the Tenant, after having been demanded, does not act as a good tenant, in particular if the Tenant, despite warnings of the Owner or of the Manager, causes serious hinder to his surroundings.

Accommodations on request

Many of our accommodations are available on request. This implies that we have to contact the (foreign) lessor for approval. If the accommodation is available, your request will be automatically changed into a definitive reservation. We would like to point out that a request is not free of obligations. If Lessor cannot accept the booking, we will contact you within 3 working days. We will obviously be pleased to help you find an alternative accommodation.

Arrival and departure

The minimum rent period is 7 nights, with the exception of the accommodations for which a different period is explicitly stated.

In general the arrival time is between 16.00 hours and 18.00 hours, and the departure time between 08.00 hours and 10.00 hours. If you arrive earlier, this will be at your own risk! In the event of delay and an expected later arrival, the client will be obliged to report this directly to the reserved accommodation by phone. If this condition is not complied with, the accommodation will remain reserved for a maximum of 24 hours.

Maximum number of persons

Tenant will not be allowed to let more or other persons stay or spend the night in the accommodation than the persons mentioned in the booking. When this maximum number of persons is exceeded or other persons stay or spend the night in the accommodation, this may result in a deduction from the security deposit or removal of Tenant from the accommodation, without Lessor being obliged to offer any compensation or restitution. It is possible that the Manager will ask you and your fellow travelers to identify yourselves.

It is also not allowed to stay in tents or campers at the site of the accommodation and/or use facilities of the accommodation for others persons than the persons mentioned in the booking.
Only persons who are known to and have been accepted by La Caza in the booking are allowed to use the house within the agreed period.

The accommodation will be arranged for the accepted number of persons in the booking. You can always submit a request to use the house with more persons than initially accepted in the booking. Lessor will reserve the right to refuse the request for more persons without giving any specific reasons.

Rents will also be based on the number of persons. The rent will therefore be increased pro rata according to the number of persons who wish to use the accommodation.

Persons

Persons will be taken to mean: everyone from the age of 18 months and older.

La Caza will assume that children up to 18 months will sleep in a child’s bed / camping bed. A camping bed can be rented at La Caza or you can take it along yourself.

Personal details

La Caza must know all personal details of you and your fellow travelers. At arrival you and your fellow travelers must identify yourselves with the Manager of your holiday home.

Additional costs

In the house descriptions and price calculation tables it is mentioned which additional costs you have to take into account.

Tourist tax

The local authorities may levy accommodation tax, which has to be paid at arrival or departure (€ 0.15 à € 0.90 per person per day). Sometimes it is decided to increase or introduce a certain tax at a very stage. Neither we nor Lessor can exert any influence in this respect. This tourist tax is often calculated as from the age of 12 years and older.

Address details house

La Caza does not provide any address details of the accommodations in advance. This is to protect the privacy and safety of the tenants and home owners, who themselves live in the accommodation outside the available rent periods.
You will receive the address details after the total sum has been paid together with the information about the route to the accommodation and other information about the house and vicinity.

Car rental

The car rental company Giner offers its services through our website. This company is responsible for the complete transaction, delivery and service regarding the car rental. La Caza is not responsible and liable for these activities. Prices and pictures of the cars displayed on our website are indicative only. You will receive the final offer directly from car rental company Giner, after which you will be given the opportunity to agree.

Prices

Offers of La Caza are always without engagement and are made subject to interim changes.

All statements on the website of La Caza are deemed to have been made in good faith and are always made subject to interim adjustments. La Caza is not responsible for general information on its website and the information supplied there that has been drawn up under the authority of third parties. The Tenant declares to have taken note of the description of the holiday home by La Caza on the website and not to desire a further description.

Prices are always including VAT but excluding costs of a cancellation and travel insurance and possible other costs. Special additional costs, like energy costs, cleaning costs and possible local compensations established by or on behalf of the government, are specified separately. Prices are based on cost-determining factors (like price index figures, currency and interest rates and the like). La Caza is authorised to in case of a change in these cost-determining factors implement a corresponding adjustment of the prices and fees used. The prices and fees applicable at any moment in time are exclusively mentioned on the website of La Caza .

Pricing

The number of persons with whom you want to use the accommodation influences the price-making process.

Other and extra costs are always mentioned separately in the price calculation table of the accommodation. They must be paid over the entire length of stay and are not included in the rents.

It applies to all reservations that the entire reserved period will have to be paid in the event of a later arrival or a premature departure.

The prices will be mentioned in Euros per week (based on the number of persons) and for each accommodation. 
We reserve the right to change the cost of the trip if there are changes in the payable levies, rates of exchange and taxes. Increases in these costs will be passed on as net sums, so without any surcharge. No rights can be derived from printing errors in the price list. If this increase takes place within three months after receipt of the reservation form, Tenant will have the right to dissolve the agreement. The already paid sums by Tenant will be refunded.

General

Parking is in all cases at a person’s own risk, also at one’s own site.

Bed / Bath and Kitchen linen

Bed and bath linen are available in the accommodation per person. The bed linen consists of a set of sheets and a pillowcase, the bath linen consists of at least 3 bath towels and the kitchen linen consists of 2 tea towels and 2 towels. A large beach towel is not available.
If you would like to have your bed linen and towels cleaned during your stay, this can be arranged through the key holder/Manager (extra charges) or you can do the washing yourself (in the house description it is mentioned a washing machine is available).

Final cleaning

The final cleaning is carried out by the landlord the accommodation. However, the accommodation must always be left in a clean and tidy condition in accordance with the house rules (for example, dishes clean in the cupboard, no left rubbish, BBQ cleaned, ovens without a caked layer). Noncompliance with these rules may result in a deduction from the security deposit.

Electricity/gas costs

Whenn these will not be inclusive then we will charge extra for this and are in accordance with consumption. Gas and electricity will be charged according to consumption/meter reading. The incurred costs will be deducted from the security deposit after departure.

Upon your arrival and departure the Manager records the meter reading of electricity and gas. The Tenant must also check this in person.

Some accommodations have a BBQ that works on gas. A gas cylinder for this can be purchased at many supermarkets and is not included in the rent.

The following rates will be calculated:   

- gas € 4,50 per m3, gastank € 26,00 per %
- elektra € 0,25 per kw 

Child’s bed and chair

A child’s bed and/or child chair can be ordered on request at extra costs. This must be mentioned on the booking. If you want to be absolutely sure, then take the child’s bed linen with you; it is not always available. However, bath linen is available.

Satellite TV

When satellite TV is mentioned in the description, this does not automatically imply that Dutch programs, for example of RTL or SBS, can be received. The often foreign owners have decoders that are not always suitable for receiving Dutch programs.

Sometimes you can rent a card for receiving Dutch broadcasting stations. You should ask the key holder of your accommodation about this.

Water and electricity

In countries such as Spain, Portugal, France, Italy and Greece failures in water and electricity supply occur more frequently. Municipal and/or regional authorities can decide to temporarily close or reduce their distribution for various reasons. Your accommodation provider or our organisation cannot be held liable for the incurred damage.

Internet

If Wifi is offered in the accommodation, we must inform you that we cannot guarantee its quality. Personal computers are not available in the accommodation. You must take along your own PC/Laptop.

Security deposit

When there is a deposit payed, and if the house/accommodation is left in an unclean condition or if the inventory of the accommodation is damaged or absent, a part of the total security deposit may be deducted. Apart from this, the consumption of gas and electricity will also be deducted from the security deposit. The remaining security deposit will be refunded within 14 days after departure.

For the benefit of the restitution the Tenant must report his complete address and bank details (account number, IBAN and BIC) to the administration of La Caza.

The security deposit for rental periods for a longer period of time (more than 3 weeks) will be progressively higher.

Payments

The invoice will mention the following costs: the rent, extra costs for bath and bed linen per person, costs for the compulsory final cleaning, your security deposit and any additional costs, for example a child’s bed. 
After receiving the booking confirmation/invoice you must immediately pay 35% of your rent (within 3 days). The remaining rent will have to be paid at the latest 60 days before the confirmed arrival date. 
If the booking takes place within ten weeks before the start of the rent period, the full sum must be at once within 3 days after the booking date.
After receipt of the full payment, the information/travel package will be sent to you as soon as possible by mail. You will receive the required information at the latest 2 weeks before departure, with the exception of last-minute bookings. 
We would like to point out that if the agreed terms of payment are exceeded, La Caza will reserve the right to cancel the reservation and hold the client liable for any incurred costs. With regard to the payment of the price Tenant cannot invoke a settlement with any claim that Tenant pretends to have against La Caza.

La Caza is not obliged to beforehand point the Tenant to the expiry of a payment term or to send account statements or the like unless expressly otherwise agreed upon.

The Tenant is never entitled to suspend the payment. After the expiry of the payment term the Tenant will be in default. The Tenant can lift the default by yet paying the complete rental price to La Caza within 3 days after the occurrence of the default.

In case of failing or untimely payment all judicial and enforcement costs as well as all extrajudicial collection costs will be borne by the Tenant. The extrajudicial collection costs amount to at least fifteen percent of the invoiced amount with a minimum of EUR 100.00.

La Caza is always entitled to both before and after the conclusion of the rental agreement desire payment security, such upon suspension of the execution of the rental agreement until security has been provided; all without prejudice to the right of La Caza to claim compliance, compensation for damages and/or entire or partial cancellation, all without any judicial intervention and without La Caza being held to pay any compensation for damages.

Payment can take place by written or electronic transfer of the payable amount. In case of payment by giro or bank transfer the crediting of the rental price to the bank account of La Caza is considered the payment date. If so desired by La Caza, the Tenant is to present La Caza proof of payment.

Insurances

We strongly advise you to conclude a cancellation insurance with your insurance agent, also when you have booked shortly before your departure. We also urgently advise you to conclude a travel insurance.

Force majeure

In case of force majeure, both of a permanent and temporary nature, La Caza will be entitled to dissolve the agreement either in whole or in part or to temporarily suspend the same without the Tenant being entitled to claim compliance and/or compensation for damages. Force majeure is understood as yet not limited to: death of the Owner, divorce of the Owner, unannounced sale and/or use of the holiday home by the Owner and the like as a result of which full or partial compliance with the agreement can in accordance with the requirements of reasonableness and fairness no longer be expected of La Caza.

If the force majeure takes effect whilst the Tenant has only been able to partly enjoy the holiday home, the rental agreement is also considered dissolved for the already enjoyed time.

In such a case La Caza will only be obliged to refund the sums that have already been paid by Tenant to La Caza. In order be able to continue the quality, the accommodation provider will reserve the right to replace the rented accommodation by a comparable accommodation.

Cancellation and change

Cancellations must be reported to La Caza in writing or by e-mail. If a travel agreement is cancelled by the client, every client will have to pay the following sums, apart from the due reservation costs:

a. in the event of cancellation up to 60 days before the day of arrival: 35% of the cost of the trip;
b. in the event of cancellation from the 60th day (inclusive) until the day of arrival: the full travel sum;

The cancellation of a booking by the (Main) Tenant also counts as cancellation in the name of the fellow tenants.

Tenant shall own a cancellation insurance. Cancellation by the tenant in connection with threat of war, war, uprising, wilful damages, strikes, boycott, traffic or transport difficulties, government measures, scarcity of raw materials, natural disasters and moreover all circumstances, extraordinary weather conditions Tenant is not entitled to restitution of money payments and apply to the same cancellation policy.

Cancellation by La Caza: La Caza must present a change proposal in the form of an alternative offer to the traveler within 48 hours (2 working days) after the compelling circumstances took effect. This obligation expires if the cause of the change can be blamed on the Tenant.

The costs associated with a chance made by the Tenant amount to € 35.00.

Substitution/replacement

We would like to point out that if you or one of the members of your travel company is unable to come, another person can take the vacant place. If the booking is taken over in its entirety by a different family, we can change the booking, if the accommodation in question will allow this replacement. Unfortunately, there are accommodations who regard replacement as a cancellation. If the replacement is successful, you have to pay € 35.00 for the change.

Pets

Pets are usually not allowed. If allowed, the client must always receive a confirmation from La Caza and submit it to the Manager at arrival. If and when La Caza has approved to the renter bringing along a domestic animal, then an extra charge of € 50,-will be calculated.

If a pet is allowed, supported by a confirmation of La Caza, you must visit the veterinary surgeon on time (at least 30 days before the start of your trip). There you must arrange the vaccinations and passport for your pet.

It is obvious that pets are not allowed in swimming pools and on beds and chairs. When this rule is violated it is possible that deductions will be made from your security deposit.

Pets are forbidden in public buildings, restaurants, on beaches and in swimming pools.

Building activities, noise nuisance and environmental problems

It incidentally happens that building activities may unexpectedly take place in the immediate vicinity of an accommodation. We cannot assume any responsibility for this. The same applies to noise nuisance by neighbours, clock bells or agricultural machinery. We can also not protect you against environmental problems in your holiday region (for example, pollution of seawater). We therefore advise you to follow the media if applicable.

Remarks

If there are any failures or defects when you arrive at your destination, you are expected to notify the key holder/Manager about this at once. Then your inconvenience can be solved and complaints can be dealt with. However, you may be of the opinion that your complaint is justified, despite all efforts and concerns. In that case you should immediately discuss this complaint at the location itself and with the key holder/Manager of the accommodation, so that they can deal with the complaint at once. The above-mentioned remarks, inconvenience or complaints do not automatically entitle a person to any compensations and restitutions.

Liability

La Caza will not be held liable for loss and theft (money included), damage to property and damage or injury caused to its clients, in whatever way.

La Caza cannot be held liable for damages incurred by the Tenant or third parties as a result of the stay at the holiday home; the Tenant indemnifies La Caza against claims in connection therewith. More in particular, La Caza is not liable for failures in and at the holiday home such as, yet not limited to, failures of the power and water supply and of technical installations, not or untimely announced construction activities and changes to access or main roads.

La Caza can only be held liable for damages that can be blamed on gross culpability or negligence on the part of La Caza.

Without prejudice to the provisions set forth in the previous paragraphs the liability of La Caza, if and to the extent La Caza can legally be held liable on account of the rental agreement, is always limited to direct damages and any form of consequential damages is excluded.

Lessor/Manager of the holiday accommodation will be free to submit instructions to Tenant and/or his/her fellow traveller about the use of the accommodation and all that belongs to this.

During your stay you will be responsible for damage to the holiday accommodation, the interior and all mattress that belong to the rented accommodation caused by you and/or your fellow traveller.

A fellow traveller an be anyone who is part of your travel company, or who can otherwise be considered to belong to the circle of Tenant. It is therefore very important that you have a third-party insurance and travel insurance that is valid abroad. If the damage has not been settled with Lessor/Manager of the accommodation, La Caza will be entitled to hold Tenant liable for the sustained damage and damage to be sustained. All related costs will be paid by the tenant who is mentioned on the booking confirmation.

The person who (also) books the trip for other participants will be severally liable for all persons that he/she puts forward for the booking. With regard to minor travellers it must be proved that parents or guardians have granted permission.

Complaints

Each and every holiday home has accurately been selected and inspected by La Caza. La Caza warrants the correctness of the description of the holiday home, with the understanding that a deviation of 15% of the indicated living surface and distances is deemed acceptable. The description and impressions of the holiday home and the direct surroundings, such to include facilities, decoration and recreational options, can as a result of their nature or because of interim changes or seasonal influences slightly deviate from the description on the website of La Caza.

The Tenant is always entitled to present his grievances to La Caza by means of a complaint. La Caza will always handle a complaint adequately and with due speed and such that the complaint is handled in accordance with the standards of reasonableness and fairness.

The Tenant submits a complaint, occurring upon arrival at the address of the stay or during the stay, to the Owner/Manager not later than within 24 hours. The Owner/Manager will try to forthwith solve the complaint on the spot. If the observed complaint cannot be solved on the spot with the Owner/Manager, the Tenant must telephonically notify La Caza of the complaint not later than within 48 hours after observation thereof in order to offer La Caza the possibility of yet solving the complaint on the spot. The notification can be made telephonically to the alarm number of La Caza.

You must at all times offer La Caza the possibility of finding a suitable solution for the complaint during your stay.