Terms and Conditions

Holiday Rental Agreement – Málaga

This agreement sets the terms for a short holiday stay in a registered tourist home (vivienda de uso turístico) in Málaga.

The stay is a tourist accommodation service under the Andalusian Tourism Act (Ley 13/2011) and Decreto 28/2016 as amended by Decreto 31/2024. It is not a residential or seasonal tenancy under the Spanish Urban Leases Act (LAU), and it creates no right to remain in the Property after the departure date.

1. Parties and property

1.1 The Lead Guest must be at least 23 years old and is responsible for every member of the party.

1.2 The Property is let fully furnished and equipped for immediate use, as an entire home, for holiday purposes only.

2. Booking, price and payment

2.1 The booking is confirmed when the Host receives the booking deposit and sends written confirmation by email.

2.2 For bookings made less than 30 days before arrival, the full price is due on booking.

2.3 Payment is by bank transfer to [bankaccount].

2.4 If the balance is not paid on time, the Host may cancel the booking after a written reminder giving 3 days to pay. Section 7 then applies as if the Guest had cancelled.

2.5 The Host will issue a receipt or invoice showing the registration code, dates, number of guests, price and payment date.

4. Occupancy and guest registration

4.1 Only the guests named in the booking may stay overnight, up to the maximum occupancy in section 1. Extra guests or visitors staying overnight need the Host’s written consent. The Host may refuse entry to anyone beyond the authorised number.

4.2 Spanish law (Real Decreto 933/2021) requires the Host to record and send to the Ministry of the Interior the identity and booking details of every guest, through the SES.Hospedajes system. Before or on arrival, each guest aged 14 or over must provide a valid ID document, and the Lead Guest must provide the details of any minors and their relationship to them.

4.3 If the required guest details are not provided, the Host may refuse check-in. This counts as a cancellation by the Guest under section 7.

5. Check-in and check-out

5.1 Check-in is from 15:00 and check-out by 11:00. Early check-in or late check-out is subject to availability and must be agreed in writing; a fee of €50 may apply.

5.2 Arrival arrangements (key handover, lockbox or smart lock) will be sent [x] days before arrival. The Guest must tell the Host their expected arrival time. Arrivals after [22:00] [may incur a fee of €[amount] if in-person check-in is required.

5.3 On departure the Guest must leave the Property in reasonable order: rubbish taken out, dishes washed, windows and doors locked, air conditioning and lights off, and keys returned as instructed.

5.4 If the Guest stays past check-out without agreement, the Host may charge €20 per hour or part hour, or the price of one extra night, whichever is lower.

6. House rules

6.1 The Guest agrees to follow these:

• Quiet hours from 22:00 to 08:00; no noise that disturbs neighbours at any time.
• No parties or events.
• No smoking inside the Property, including e-cigarettes. Smoking is permitted on the Strand terrace. Guests staying in Mistral should smoke on the pavement to avoid smoke affecting guests upstairs.
• Pets are not allowed.
• Separate and dispose of rubbish in the street containers as described in the house manual.
• Do not move furniture between rooms or take bedding, towels or kitchen items outside.
• Use water and energy responsibly; switch off air conditioning when windows are open or the Property is empty.

6.2 Serious or repeated breaches — in particular excess occupancy, parties, or conduct that leads to complaints from neighbours or the police — entitle the Host to end the stay early. The Guest must then leave within the time the Host reasonably sets, with no refund for unused nights, and the Host may claim any resulting costs or fines.

6.3 The Host or the Host’s representative may enter the Property for urgent repairs or emergencies, and otherwise with reasonable notice to the Guest.

7. Cancellation

7.1 The Guest may cancel at any time by email. Refunds depend on how long before arrival the Host receives the cancellation:

If the Host re-lets the same dates, the Host will refund the amount re-let, less any reasonable costs.

7.2 Holiday rentals for specific dates are excluded from the EU 14-day withdrawal right for distance contracts (Article 103(l) of the Spanish Consumer Act, RDL 1/2007). The Guest is encouraged to take out travel insurance.

7.3 If the Host has to cancel, or the Property becomes unusable through no fault of the Guest, the Host will refund all payments in full within 14 days, or offer alternative accommodation of a similar standard if the Guest agrees.

7.4 Neither party is liable for failure caused by events beyond their reasonable control (force majeure), such as natural disasters, government orders, or utility failures not caused by them. In that case the Host will refund payments for nights the Guest could not use.

8. Damage, liability and the Host’s obligations

8.1 The Host will hand over the Property clean, safe and in good working order, with the equipment listed on the booking page, bed linen and towels, a first-aid kit, operating instructions for appliances, and local emergency contact numbers.

8.2 The Host will provide a contact person available by phone from 08:00 to 22:00 to deal with problems during the stay. The Guest should report any fault or damage promptly so it can be fixed.

8.3 The Guest is responsible for loss of or damage to the Property, its contents and the communal areas caused by any member of the party or their visitors, beyond normal wear and tear.

8.4 The Host is not liable for loss of or damage to the Guest’s belongings, or for interruptions to utilities, Wi-Fi or community facilities beyond the Host’s control, except where caused by the Host’s negligence. Nothing in this agreement limits liability for death or personal injury caused by negligence, or any other liability that cannot be excluded under Spanish consumer law.

8.5 The Host holds civil liability insurance covering the Property and its use by guests.

9. Complaints, data protection and governing law

9.1 Complaints. Official complaint forms of the Junta de Andalucía (Hojas de Quejas y Reclamaciones) are available at the Property and on request. The Host [is / is not] a member of the Consumer Arbitration System (Sistema Arbitral de Consumo).

9.2 Personal data. The Host processes guests’ personal data only to manage the booking, meet the guest-registration duty in section 4, handle payments, and comply with tax and tourism rules, under the EU GDPR and Spain’s Ley Orgánica 3/2018. Guest-registration data is kept for 3 years as the law requires; other data no longer than needed. Guests may exercise their rights of access, correction, deletion and objection by writing to [email], and may complain to the Agencia Española de Protección de Datos.

9.3 Whole agreement. This agreement, the booking confirmation and the house manual form the whole agreement. Changes are valid only if agreed in writing (email is enough).

9.4 Governing law. Spanish law governs this agreement. Disputes go to the courts of Málaga, except that a Guest acting as a consumer may also bring proceedings in, and may only be sued in, the courts where the law allows them to.

9.5 Language. This agreement is made in English.

Signatures

By ticking the acceptance box when booking, [firstGuestName] [guestName]confirms they have read and accepted these terms on behalf of the whole party.