1. THE CONTRACTS:
1.1 Holiday rental contract:
The holiday rental contract will be signed by the client, whether natural or legal person in their own name and on behalf of Marbella Banus, Garu Ventas y Alquileres SLU.
The contract will come into effect at the moment the reservation is confirmed in the system as long as the payment conditions have been met, 50% of the total amount of the reservation and the remaining 50% 30 days before arrival. In the event that your booking is made through one of the booking portals such as Booking.com or Airbnb you will have to respect the payment conditions announced on the portal.
These booking terms are governed by Spanish law, in case of dispute between the parties arising from the contract, both parties, expressly waiving their own jurisdiction, submit to the jurisdiction of the courts of Marbella.
2. OWNERSHIP
All the photographic material, texts, etc. advertised on our website are correct and correspond faithfully to the condition of the property, however, Marbella Banus warns that there may be small changes that do not affect the general characteristics of the advert, such as a change of some electrical appliances, and we do not accept any responsibility in this respect.
3. OCCUPANTS OF THE PROPERTY
At the time of booking, the tenant must indicate the number of persons who will occupy the flat. In no case may the number of occupants exceed the maximum number of persons advertised in the property and may be grounds for expulsion from the property without the right to reimbursement for nights not enjoyed.
In the event that the number of persons is greater but does not exceed the maximum capacity and is not the number indicated on the reservation, you must inform the agency at the latest the day before your arrival, otherwise an extra amount of 20€ will be charged and will be provided as soon as possible.
Pets are not allowed in any of the properties in Marbella Banus, unless otherwise agreed with the agency. In the event that an unauthorised pet is found in the property, it will be grounds for immediate expulsion without the right to a refund of the nights not enjoyed.
4. CHECK-IN AND CHECK-OUT TIMES
The official check-in time is 16:00h on the date of arrival and the official check-out time is 12:00h. These times must be respected unless a different time has been agreed with Marbella Banus.
Changes to check-in or check-out times may incur an extra charge.
If the check-out time is not respected, an extra charge of 30€ + VAT per hour of delay will be made, the first few minutes will count as a full hour, it will not be split.
5. TERMS OF PAYMENT
For the confirmation of the booking, 50% of the total cost of the accommodation must be paid.
The remaining 50% of the rental, cleaning fee and extras agreed with the agency will be paid 30 days prior to occupancy. If your booking is through an internet portal such as Booking.com or Airbnb you must respect the payment conditions of the portal.
Cancellation by the tenant of the booking will result in forfeiture of all monies paid, unless there is an express agreement with Marbella Banus.
Failure to respect the payment terms will be grounds for cancellation of the reservation without the right to a refund of the amounts paid for the reservation.
6. CANCELLATION / REFUNDS
Cancellations more than 60 days prior to arrival, you will receive the full amount paid minus a 2% handling fee.
Cancellations between 59 and 30 days prior to arrival will not be entitled to a refund of 50% of the rent paid.
Cancellations within 30 days of arrival will not be entitled to a refund of the stay, but the cleaning fee and the contracted extras will be refunded, as long as it does not harm Marbella Banus.
It is possible, as long as at least 48 hours notice is given, that the stay is enjoyed by a relative, friend or person of confidence of the client. This person will become the holder of the booking, which must be for the same amount and dates as the original booking and must respect the conditions and policies of Marbella Banus.
If Marbella Banus is responsible for the cancellation for reasons beyond its control, it will offer the client an equal or better property than the one chosen by the client, or the client will be entitled to a 100% refund of the amount paid.
A change of dates may be made provided that the agency is informed more than 60 days prior to arrival, within 60 days of arrival cancellation charges will apply.
If your booking is through a portal the terms, if any, agreed with the portal will apply, otherwise Marbella Banus rules and terms will apply.
7. CONSERVATION AND RULES OF USE OF THE PROPERTY
The client undertakes to make good use of the property and to keep it in good condition.
The client must comply with the rules of the community, in the event that we are called to attention for non-compliance with these rules, located in the communal areas, parties/events are held, loud noises are made or any type of behaviour that disturbs the neighbours, Marbella Banus will call the relevant authorities if necessary and clients will be evicted immediately without the right to a refund of the nights not enjoyed or any of the amounts paid for the booking, plus a penalty in the event of any damage to the property, the amount of which will be deducted from the security deposit or claimed from the relevant gateway. If the amount of the damage exceeds the security deposit, it will be claimed directly from the client, otherwise it will be reported to the competent authorities of the city of Marbella.
8. LOST ITEMS
Marbella Banus is not responsible for any articles left in the property.
In the event that any items have been left in the property, please contact the agency as soon as possible.
9. SECURITY DEPOSITS
Marbella Banus will block an agreed amount of money on your card as a security deposit. This amount will be blocked the day before your arrival and will be returned within 7 days after departure. Security Deposits are managed by Stripe, Stripe does not allow a block for a period longer than 7 days so if your booking is for 7 days or more this amount will be released and re-blocked on your card.
10. DELIVERY OF KEYS
Marbella Banús will deliver two sets of keys to the clients in a manner previously agreed upon according to the property.
In the event that a set of keys is lost, the client will assume the costs derived from the management and the duplication of the key/lock replacement.
In the event that the client leaves the keys inside the property, it is recommended to contact the agency if it is during daylight hours. In the event that the agency cannot solve the situation or it is late at night, the client must call a 24-hour locksmith and assume the costs.
11. BED LINEN AND TOWELS
The bed linen, towels and all the linen in the property must be delivered on the day of departure, in the same condition in which it was delivered, otherwise, replacement/extra cleaning will be requested.
The rental price includes:
One set of sheets per bed.
One mattress protector.
A pillow protector.
A duvet.
A duvet cover.
A pillow.
A set of towels per person.
12. RIGHT TO ENTER THE RENTED PROPERTY DURING THE STAY
Marbella Banús will notify the client, whenever possible, 24 hours in advance of the need to enter the property and justify the reason. Marbella Banús will do everything possible to not disturb you during your stay. Only in the case of force majeure, an open tap, electrical problems and any type of emergency, Marbella Banús will enter the property without notice.
13. COMPLAINTS
Marbella Banús has Complaint Forms, you only have to contact us to provide you with the form.
14. INSURANCE AND LIABILITY
Please note that Marbella Banus is an intermediary agency that is obliged to comply with the contracts with the physical and legal entities that own the properties sold, so we recommend that you take out some type of insurance in case any unforeseen event arises before or during your stay.