Casa Frigiliana\u2013terms and conditions
The following general terms and conditions apply to all holiday homes and apartments located in and around Frigiliana, Spain.
Casa Frigiliana is the agency of the holiday property between the owner and the tenants.
1. 1. Entering a rental agreement with Casa Frigiliana.
1.1. The tenant of a holiday home through Casa Frigiliana takes place by submitting an order to Casa Frigiliana.
Casa Frigiliana’s work is the mediation of holiday rentals between tenants and owners of holiday homes. Casa Frigiliana
establishes a binding rental contract immediately after receiving the order. The order is binding and can be made in writing via
email to info@casafrigiliana.com.
After receiving the order, Casa Frigiliana sends a written confirmation to the tenant.
1.2. Together with the confirmation, Casa Frigiliana sends a rental certificate for the holiday home, indicating the addresses of
the holiday home and the key collection point. On arrival at the key collection point, the tenancy certificate is handed over to
the home owner or his representative. The tenant is then given the key to the holiday home.
1.3. If the content of the confirmation differs from the order, Casa Frigiliana is bound by the offer in the confirmation sent for
5 days. If the deviations cannot be accepted, the tenant can cancel the rental agreement in writing within 10 days, after which
the deadline expires.
1.4. Until the arrival, the tenant can transfer the tenancy certificate with its rights and obligations to a third party. Casa
Frigiliana can object to the transfer if the third person does not fulfill the purpose of a holiday home rental or the third person’s
participation is contrary to the public authorities legislative regulations. If a third party takes over the tenancy certificate, both
the tenant and the third party are jointly and severally liable for payment of any remaining balance and any costs resulting
from the transfer. Casa Frigiliana’s costs for transferring the tenant’s rights and duties amount to EUR 150.00.
2. Payment
2.1. Upon conclusion of the rental agreement, Casa Frigiliana sends confirmation and a rental certificate to the tenant. At the
same time, the first installment of the rent is due for payment.
2.2. The remaining rental amount must – due to Casa Frigiliana’s obligation towards the holiday home owner – be in Casa
Frigiliana’s hands no later than 4 weeks before the move-in day.
2.3. When ordering later than 40 days before the start of a lease, the full rental amount is due immediately.
2.4. If the full rental amount is not paid in time, Casa Frigiliana can cancel the rental agreement without notice. The tenant
has no claim to fulfillment of the rental agreement, and neither Casa Frigiliana nor the holiday home owner has any obligation
to fulfill the rental agreement. Casa Frigiliana considers non-payment as default, as per clause 6 of the rental conditions, with
the payment due date as the deadline.
2.5. The prices shown are weekly prices. The price depends on the current season. For stays of more than one week, the price
for the weeks may therefore vary, depending on a change in the seasons.
2.6. The prices are given in euros.
3. The holiday home
3.1. Casa Frigiliana is not the owner of the holiday homes, but only brokers of the holiday homes intended for holiday
purposes. Casa Frigiliana is entitled by the holiday home owner to act in its own name and at the holiday home owner’s
expense. Casa Frigiliana passes on the part of the rent to the owner of the holiday home that belongs to him.
3.2. The rental certificate shows the address of the holiday home.
3.3. The holiday home may be occupied by a maximum of the number of people stated in the description. It is permitted to
bring a child under 3 years of age in addition to the permitted number of persons. In the event of exceeding the maximum
number of persons, both Casa Frigiliana and the holiday home owner have the right to reject the excess number of people.
Setting up tents, caravans etc. on the grounds is not permitted. Final cleaning of the holiday home is included in the price,
however, even if final cleaning is included, the holiday home must be left in a tidy condition and washing up must be carried
out by the tenant, so that plates, cutlery and similar kitchenware are left in a clean condition. At the end of the tenancy, the
tenant must normally leave the holiday home no later than 10:00 a.m.
3.4. It is not normally permitted to bring pets into the holiday homes, however separate permission can be given to have pets
in the holiday home by prior agreement.
4. Lease agreement
4.1. The services covered by the rental agreement appear exclusively from
Casa Frigiliana’s house description as described at the time of confirmation. In addition, any changes applied to the rental
certificate or subsequently notified to the tenant in writing apply. Agreements deviating from the above must be confirmed in
writing by Casa Frigiliana.
4.2. Descriptions and prices are binding on Casa Frigiliana. After this, the new descriptions and
prices. However, reservations are made for printing errors etc.
4.3. Travel agencies and other booking sites are not authorized to enter into agreements that deviate from the rental
conditions.
5. Amendment of the rental agreement and price increase
5.1. Changes or deviations to the rental agreement that occur after entering into this are only permitted when these have not
been made by Casa Frigiliana against its better knowledge and do not affect the holiday home stay as a whole. Casa Frigiliana
is obliged to immediately inform the tenant of changes or deviations to the rental agreement. If the changes are significantly
disadvantageous for the tenant, Casa Frigiliana offers a free rebooking or free cancellation. In addition, no further
compensation is provided. The tenant must immediately assert his claims in accordance with these rights in writing.
5.2. Casa Frigiliana reserves the right to adjust the rental price if certain services, such as charges change. Adjustments can
be made to the following extent:
5.2.1. If the amount is increased for e.g. tax at the conclusion of the rental contract with Casa Frigiliana, Casa Frigiliana can
increase its weekly price accordingly.
5.2.2. A price increase is only permitted if the period between the conclusion of the rental contract and the rental period
exceeds more than 4 months, and the resulting increases had not already occurred at the conclusion of the contract, or at that
time could be foreseen by Casa Frigiliana.
5.2.4. Should such an adjustment of the rental price become necessary, Casa Frigiliana is obliged to inform the tenant
immediately. Price increases later than 20 days before moving in do not apply. In the event of a price increase of more than
5%, the customer is entitled, without any further justification, to withdraw from the rental contract or to demand at least an
equivalent holiday home stay as compensation, if Casa Frigiliana has the opportunity to offer such from its other range of
holiday homes, at no extra cost to the customer. The tenant is obliged to notify Casa Frigiliana such a wish immediately after
notification of a price increase due to the above reasons.
6. Tenant’s cancellation of the rental agreement
Before the start of the holiday home stay, the tenant can cancel the rental agreement at any time. Cancellation must be made
in writing to Casa Frigiliana and stating the reason for the cancellation. The cancellation is only valid when it is received by
Casa Frigiliana. The following cancellation fees will be charged and normally cover Casa Frigiliana’s expenses and
compensation claims:
6.1. Up to 4 weeks before the start of the tenancy: 0% of the total rent.
6.2. From 4 weeks up to and including the day of arrival or later and in case of no-show: 100% of the total rent.
7. Amendment of the rental agreement
Up to 60 days before the start of the stay, Casa Frigiliana accommodates the tenant’s request for changes to the rental
agreement as far as possible. For this, Casa Frigiliana charges a change fee\/rebooking fee of EUR 150.00. Later changes can
only be made as a cancellation of the rental agreement in accordance with the above conditions (ref. 6.) and at the same time
a new order.
8. Unused agreed services
If the tenant, for reasons beyond Casa Frigiliana’s control, fails to use or claim the services agreed in the rental agreement,
the tenant is not entitled to a partial refund.
9. Cancellation of the Agreement by Casa Frigiliana
Casa Frigiliana can cancel the agreement in the following cases:
9.1. If the tenant or one of his companions neglects the holiday home or grossly neglects his obligations, then Casa Frigiliana –
upon order from either the owner or Casa Frigiliana – can cancel the rental agreement with immediate effect. Casa Frigiliana
retains its right to additional compensation in addition to the rent and deposit until all costs have been accounted for and paid.
Any additional costs in connection with the return journey are borne by the tenant himself.
9.2. If the holiday home is not ready for occupancy – despite – that Casa Frigiliana has tried all options – because the owner
cannot, for unforeseen reasons, comply with the agreement entered into with Casa Frigiliana. Casa Frigiliana’s right to
cancellation only exists if Casa Frigiliana is not to blame for the underlying circumstances and when Casa Frigiliana can prove
the circumstance that led to the cancellation and when Casa Frigiliana, if this is possible, has offered the tenant an equivalent
House. If the tenant does not accept the replacement house, Casa Frigiliana can use the right to cancel the rental agreement.
In that case, the tenant receives back the rental amount already paid.
9.3. If the tenant does not comply with the 2 stated payment conditions and payment deadlines, Casa Frigiliana is entitled to
cancel the rental agreement.
In the case of Casa Frigiliana’s cancellation due to non-payment, the cancellation rules apply (ref 6.).
10. Cancellation of the rental agreement due to extraordinary circumstances
If, due to circumstances that could not be foreseen when the rental agreement was entered into, the stay becomes
significantly more difficult, threatened or hampered as a result of force majeure (e.g. due to war, strike, lock-out, oil and
petrol rationing, border closures, epidemics, natural – and pollution disasters), then Casa Frigiliana or the tenant can cancel
the rental agreement. If the agreement is cancelled, then Casa Frigiliana can demand a proportionate compensation for the
costs already incurred or for the costs associated with the termination of the stay.
11. Illness
Expenses in connection with illness during the holiday stay, including expenses for any transport home, must be borne by the
tenant himself. If the tenant’s state of health gives rise to a report, Casa Frigiliana recommends that the tenant contact their
doctor before booking a holiday home.
12. Addresses and remedies
12.1. Casa Frigiliana, Plaza del Ingenio 1, 29788 Frigiliana
Tel. +34 690 06 1559 –
email: info@casafrigiliana.com.
12.2. Casa Frigiliana wishes all customers a pleasant holiday stay. However, should problems arise unexpectedly, the tenant is
obliged to contact Casa Frigiliana or the owner first.
12.3. The tenant is obliged to ensure that damages and defects are avoided or occur to the minimum possible extent in
accordance with general law. The tenant is obliged to immediately report any damages or shortages to Casa Frigiliana.<\/div>\n
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