Rental Conditions and Cancellations

1.- IDENTIFICATION OF THE PARTIES.

On the one hand, “RELAX IN THE SUN, S.L.”, hereinafter HAPPY IN THE SUN, whose other identification data are included in the Legal Notice and owner of the domain https://www.happyinthesun.com, hereinafter Website, and on the other hand, the User who contracts the products offered on the Website. HAPPY IN THE SUN and the User, may be designated according to the context as the party/parties.

2.- SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION.

The present general booking conditions, from now on GBC, govern the reservation contracts between HAPPY IN THE SUN and the User, regardless of the channel in which it has been carried out: Website, e-mail or telephone call.

The User, who declares that he/she has sufficient legal capacity* to contract, will be linked to these GBC at the moment that he/she makes a reservation in any of the channels indicated above.

The GBC may be unilaterally modified by HAPPY IN THE SUN without previous notice, however, the User will be bound to those in force at the time of making the reservation.

The possible particular conditions that may be applicable, or the modification of the present GBC, must be formalised by means of a separate document, which, in order to be effective, must be signed by both parties.

*LEGAL LIMITATIONS: It is understood that the User is not under 18 years of age. Minors are technically restricted from registering on this website and therefore may not make purchases or reservations, in compliance with legal regulations. Data sent by minors will not be processed, as this is prohibited by law.

 3.- PAYMENT CONDITIONS. PRE-CONTRACTUAL AND CONTRACTUAL IMPROVEMENT.

Reservations can be made, as indicated above, through three channels: Website, e-mail or telephone call.

To confirm the reservation, 30% of the total rental price (excluding costs) must be paid.

The remaining 70 % of the rental price (excluding costs) must be paid at least 30 days before arrival.

The remaining payment (such as deposit and extra charges) must be paid at the latest upon arrival and handover of the keys, however, in case this percentage varies, the User will be informed in advance on the Website or by e-mail, depending on the chosen channel of contracting.

During the high season, from June to September inclusive, the minimum stay is 7 days. There may be exceptions. During the rest of the year, the minimum stay is 4 days in most of the houses.

The parties are not bound until the contract has been finalised both pre-contractually and contractually.

The signature of the rental contract implies the acceptance of each and every one of the present conditions independently of the contracting channel through which the reservation has been made: by telephone, the Website or through booking centres or tour operators with which HAPPY IN THE SUN has collaboration agreements.

Additionally, the rental of one of our houses, implies the acceptance of the particular conditions that apply to the rented property that are specified in the booking contract sent to the User.

4.- METHODS OF PAYMENT

The User has the following means of payment:

·          Credit card (Visa, MasterCard, Maestro, UnionPay Credit Card). You will receive an email with a link through which you can pay securely with your card.

·         Bank transfer, to the account indicated in the rental contract.

·         Cash (remaining payment as extra charges or deposit).

Holiday vouchers and holiday cheques will not be accepted as a form of payment.

5.- FEES AND APPLICABLE TAXES.

The prices published for accommodation vary according to the week chosen and include the corresponding VAT(IVA).

The prices of the accommodations are indicated, according to the case, per month, per week or per day. HAPPY IN THE SUN is not responsible for any errors in the published fees, in which case, the User will be duly informed of this circumstance, and may choose between contracting the service for the correct amount or canceling the aforementioned services without any cost or penalty.

Rental prices vary according to the house and season. The prices are clearly detailed on the Website, you can also contact the agency.

HAPPY IN THE SUN reserves the right to modify the price list published on the Website when it considers it appropriate. In any case, the above will not be applicable to those services contracted prior to the modification.

6.- OBLIGATIONS OF THE PARTIES.

6.1.- Obligations of  HAPPY IN THE SUN:

6.2.- User’s Obligations:

7.- CANCELLATION POLICY.

In case of cancellation, modification or absenteeism, the following penalties will apply:

- A cancellation is possible up to 30 days before the start of the rental period in case of serious reasons. In this case, the landlady will keep the advance payment of the reservation as compensation (30 %).

- If the contract is cancelled less than 30 days before the start of the rental period, the full amount of the rent, excluding costs, must be paid. For this reason we advise you to take out travel cancellation insurance. The company does not offer any insurance, so you should check with your own insurance company.

The amount of the penalty will be used to cover the costs incurred and damages suffered, as well as for loss of profit.

No difference will be paid in favour of the User if he/she decides to withdraw from the accommodation before the end of the contracted stay.

HAPPY IN THE SUN reserves the right to substitute the booked accommodation for another of similar characteristics in the case of a serious unforeseen event that prevents the client from enjoying the stay in the planned accommodation. In case it is not possible to replace the accommodation with one of similar characteristics or the User does not like the proposed accommodation, HAPPY IN THE SUN will offer a change of dates or the cancellation of the booking, returning the total amount paid to the User.

HAPPY IN THE SUN revises the rented properties periodically, in order to avoid incidences during the stay of the User. Therefore, we appreciate that the User indicates any incident or suggestion during their stay to help us to improve.

If an error or deficiency is found in the accommodation, the User is expected to notify us immediately, in order to avoid misunderstandings. In case of any serious complaint, the User must communicate it immediately to the company HAPPY IN THE SUN. In this way, we will have the opportunity to solve the User's complaint as soon as possible. The company has complaint forms at your disposal if necessary.

8.- DEPOSIT.

HAPPY IN THE SUN  may require payment of a deposit. The payment of the deposit will be established according to the house and will be paid at the latest on arrival by credit card or in cash, or by bank transfer a few days before arrival.

The User will be informed of the amount of the deposit before formalising the booking.

The deposit will be returned at the end of the stay. However, the deposit will be subject to possible compensation for loss and/or damage to the rented property attributable to the User and other occupants of the accommodation.

The deposit will be returned within a maximum period of 4 weeks after departure, by bank transfer, once the corresponding amounts for damages caused by the tenant, loss of keys or objects and dis-configuration of TV and WIFI have been deducted, if applicable.  The User must remove the waste generated during the stay in the accommodation, as well as, in case of use of barbecue, must keep it clean, otherwise an amount of 50€ for the cleaning of the barbecue and 50€ for waste in the accommodation will be deducted from the deposit. Damage concealed during check-out will be documented and also deducted from the security deposit. In the event of damage exceeding the amount of the security deposit, the agency reserves the right to demand compensation of the respective costs from the tenant.

If the damage and/or losses in what has been rented are greater than the amount of the deposit, the User will be obliged to pay the corresponding difference before leaving the accommodation.

The User must immediately notify HAPPY IN THE SUN  of any loss and/or damage to the rented accommodation.

9.- CHECK IN AND OUT.

In and out time:

-          Check-in is from 15:00h. Exceptions are possible.  

The check-in takes place in the house itself, where a person from the agency will explain in detail the functions of the house and give a brief explanation of the region. It is therefore advisable to indicate the approximate time of arrival and to inform the agency 30-40 minutes before arrival. On arrival, all identity cards of the tenants over 16 years of age will be required.

-          Check-out will take place before 10:00 a.m. Exceptions can be made, if necessary.

On the day of check-out a person from the agency will come to the flat to read the electricity meter, check the house and receive the keys.

-          An extra charge may be applied for late arrivals:

We are always available to the customer 24 hours a day in case of emergency.

10.- VARIOUS PROVISIONS.

The final cleaning is a compulsory charge which varies according to the house, and you can also add costs such as wifi (if you wish) in some houses or a pet supplement, if applicable. However, everything will be reflected in the rental contract. 

Below are the extras that you can add during the booking, if you wish:

-          Towels and bed linen (15€/pers. y 15€/pers.)

-          Accompanied by a pet (50 €/pet)

-          Cot and/or highchair (20 € each or 30 € both)

-          Arrivals out of hours (from 20h, see prices in section 9.)

-          Extra cleaning (20 €/hour) during your stay (talk to agency to arrange day and time)

-          Extra bed (60 €)

-          Wifi internet on request 5 €/day, in case the house does not have it.

* For long term bookings (28 days or more) there are special prices, therefore, extra costs apply such as Wifi (1 €/day), water 30 €/month (for flats and bungalows) and 45 €/month (Villas and Chalets), electricity according to consumption, gas according to consumption, etc.

11.- RESPONSIBILITY OF THE PARTIES.

11.1.- User's responsibility.

The User who books an accommodation for him/herself and other users, is responsible for the full payment of the rent and for any damage caused to the rented accommodation.

The reservation is valid for the number of persons indicated in the reservation contract. The accommodation of more persons than indicated shall not be permitted and occupation with a higher number of persons may result in the termination of the rental contract without refund and the forfeiture of the deposit. If the User intends to accommodate in the rented property more people than the allowed number, he/she must consult with HAPPY IN THE SUN.

Pets are not allowed in all the houses. The User is obliged to check with the company if animals are accepted in the property. The extra cost per animal is 50 € per stay. If it is found that the User has brought an animal into the rented property that does not allow animals, the company is authorised to cancel the rental, without refund.

Celebrations or parties: 

They are only permitted if the number of attendees is equal to or less than the maximum number of users allowed in the property, provided that the schedules and regulations in force in this respect in each property are respected.

Garden and swimming pool:

In houses with a private garden and/or swimming pool, regular maintenance is required. As a general rule, it is usually 1 or 2 times a week. Our trusted professional has a key to access the plot to minimally disturb.

Electricity:

For short stays included are 85kwh/week for Apartment/Bungalow and 150kwh/week for Villas, on arrival the kWh of the electricity meter is recorded next to the guest, as well as on departure. In case of excess consumption as agreed in the rental contract, it will be charged the difference at 0,40€/kWh. For long term stays (28 days or more), it will be charged according to the invoice. The guest is recommended to make a responsible and reasonable use of the heating or air conditioning to avoid additional costs during their stay.

Keys to the property:

The User will be provided with one or two complete sets of keys to the flat. In the event that the User fails to return or misplaces the keys provided, the cost of replacing the keys, and if necessary changing the locks, will be deducted from the security deposit.

Additional extras:

HAPPY IN THE SUN offers the User is various complements for the rentals, such as: extra bed, cots, high chairs, etc. The prices of these extras are mentioned in the section "Various provisions". You can also check them directly with HAPPY IN THE SUN.

Internet/Wifi: 

Only available if expressly indicated in the description of the accommodation. In some houses Internet is charged, it will be reflected at the time of booking. The internet connection via WIFI is a service contracted by the owner for actions that do not consume a very high amount of data and it will not be possible to complain in case of speed problems or lack of connection.

Satellite/cable TV: 

If satellite or cable TV is indicated in the description, this does not automatically mean that you will be able to receive all the programmes you want. Homes have decoders that are not always able to receive all international programmes. It all depends on the type of decoder..

Water and electricity:

There may be occasional water and electricity cuts due to the increase in the number of inhabitants in the area, especially during the high season. Under no circumstances can the company or the owner of the property be held responsible for any inconvenience or damage caused by such limitations.

Works: 

The accommodations are generally privately owned properties of different individual owners and are generally located in large residential areas, so that unexpected building work may incidentally take place in the neighborhood. These works are usually carried out by landlords, building contractors or governmental organisations and we have no influence on these actions. Neither the owner nor the company assumes any liability for any nuisance caused by works that are not carried out on behalf of the person in charge of the accommodation.

Accidents and thefts:

Neither HAPPY IN THE SUN nor the owner of the accommodation are responsible for any damage or harm (injury, illness, death, property damage or theft) suffered by the User or his companions during his stay. The User when making the reservation agrees to assume responsibility for his personal safety and that of his belongings and exempts the company and the owner of the accommodation from any responsibility for them. In order to minimise potential risks, special care should be taken in the use of the kitchen and the swimming pool, as these are areas of the property with additional risks for the User, as well as ensuring that all doors and windows of the property are properly closed..

11.2.- Responsibility of HAPPY IN THE SUN

HAPPY IN THE SUN will not be responsible in any way for any loss and/or damage caused to User and the occupants during the rental period.

HAPPY IN THE SUN may modify or cancel any of the essential elements of the rental contract in case of force majeure or fortuitous event.

12.- BREACH OF CONTRACT.

Both contracting parties must proceed to comply with the obligations assumed in this contract in the terms established throughout it. In the event that either of the parties should fail to comply with any of the essential obligations of this contract, or should fail to comply with them in a defective manner, the party that has in turn complied with its own obligations may consider that there has been a breach of contract under the terms established in Article 1.124 of the Civil Code, being entitled to choose between terminating the contract or demanding compliance, claiming, in both cases, the corresponding compensation for damages.

13.- RIGHT OF WITHDRAWAL.

In accordance with Article 103 letter L of the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users, "The right of withdrawal shall not be applicable to contracts that refer to: The provision of accommodation services for purposes as housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance".

14.- NOTIFICATIONS.

HAPPY IN THE SUN with address for notification provided in the Legal Notice. The email provided by the User during the registration process shall be used by HAPPY IN THE SUN  as an address to service. All notifications made in accordance with the procedure indicated shall be considered to have been properly made.

15.- APPLICABLE JURISDICTION.

In case of litigation between the parties, territorial jurisdiction shall correspond, imperatively, to the Court in which the rented property is located.