Rental agreement – Version 2.8 – Last revised february, 2019

In consideration of the agreements of the Tenant, known as;

Name:
Number of Tenants:

The Owner;

Name:
Nationality:
Address:
Mail:
Phone:

Hereby rents them the Townhouse at;

Address:

Calle Consejo, 29716 Canillas de Aceituno, Malaga.

Rental period;

Check in :
Check out:
Nights:

Price;

Rental price:
Final cleaning:	100 EUR.
Internet:	Provided – FREE OF CHARGE
Clean bedding:	Provided – FREE OF CHARGE
Towels:	Provided – FREE OF CHARGE
Water:	Provided – FREE OF CHARGE
Washing machine:	Provided – FREE OF CHARGE
Electricity:	You are covered for a normal consumption calculated to 3 kWh / per quest / per day. Consumption above this is charged by 0.3EUR/kWh.
Security deposit:	100 EUR. Will be refunded after departure.

HOUSE RULES
In the event that the premises are a portion of a building containing more than one unit, or a single family dwelling, Tenant agrees to abide by any and all house rules, whether promulgated before or after the execution hereof, including but not limited to rules with respect to noise, odors, disposal of refuse, pets, parking and use of common areas.

KARMA BOOKSHELF
The theme is: “Pick a good book, and leave an even better!” – That is a principle – We call it karma bookshelf because it gives good karma to give a book on, which youreally have enjoyed.

NOISE AND MUSIC
Of course,you are allowed to play music, laugh and have fun. Just do not send the tones of your favorite music throughout Canillas de Aceituno in the middle of the night! Also remember not to have loud arguments when you are outside in the patio or the roof terrace at night. Just keep a lowprofile after 10 pm. and everything will be fine. Remember also that the Spaniards have siesta. Therefore, they can make noise from 7 am in the morning, while the siesta period from 1-4 pm. is the time when they take a nap or relaxing with family.

NO SMOKING
Tenant acknowledges that smoking is prohibited in this rental.It is not allowed to smoke inside. But you may smoke on the roof terrace and patio. It is important that you not smoke inside, when the house is a non-smoking house. A fee of 100 EUR for odor removal will be charged for no compliance.

MAINTENANCE, REPAIRS OR ALTERATIONS
Tenant acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Upon vacating, Tenant shall deliver premises vacant and clean (Se also Final Cleaning). In the event the premises are returned in condition poor enough to prevent Owner from re-renting to a qualified new tenant, Tenant shall be responsible for rent lost as well as the cost of restoration of the rental to the condition it was at the commencement of this lease. Tenant shall be responsible for damages caused by his negligence and that of his family, invitees or guests.

APPLIANCES & FURNISHINGS
The dwelling contain various appliances, such as stoves, microwave oven, refrigerators, dishwashers, laundry machines, etc. These appliances are not included in the rent, but the use of them is allowed for the tenant’s convenience only. If Tenant wishes to use these appliances, Tenant shall assume responsibility for care, repairs and maintenance. If appliances are equipped with manuals and/or warrantee papers, Tenant shall not lose or discard these documents, and will be responsible for their return. The appliances provided in the Townhouse are documented in the pictures you find on the website: Canillas.org.

PLEASE INFORM US IF SOMETHING BREAKS
Please info us if something breaks The houseis filled with art, beautiful furnishings and decor. The equipment comes from exotic places like Thailand, Morocco, etc. It is not something that can be easily replaced. We therefore expect respect for these beautiful and unique things. If an accident occurs and should anything be damaged, break, please send us an email. We would much rather hear it from you than from our cleaning staff.

RIGHT OF ENTRY FOR PERIODIC INSPECTION
The Owner or his agent may enter the premises with prior consent of the tenant or with 24 hours written notice to any tenant on the premises to be entered. The Owner may enter during reasonable hours and for the purpose of inspecting the premises, making necessary or agreed repairs, decorations, alterations or improvements, supplying necessary or agreed services, or exhibiting the dwelling unit to prospective or actual purchasers, mortgages, prospective tenants, workmen, contractors, or insurance inspectors.

INDEMNIFICATION
Owner shall not be liable for any damage or injury to the tenant, or any other person or to any property, occurring on the premises or any part thereof, or in common areas thereof, unless such damage or injury is the proximate result of the negligence of the Owner, his agents or employees. Tenant agrees to hold Owner harmless from any claims from damages, no matter how caused.

LOCKOUTS & KEY BOXES
Should Tenants lock themselves out of their dwelling and be unable to gain access through their own resources; they may call a professional locksmith or the Owner to let them in, and will be responsible for damages if any. Tenant shall be responsible for the cost of the locksmith and also to provide the Owner with new keys if the locks are changed. If Owner is called upon to let Tenants in, there will be a 100 EUR charge.

EXTRA KEYS
Because lockout can happen we have a extra set of keys in another key box. This is placed in a little room which can only be accessed from the street. If you need the code for the lock on this room, and the code for the key box which is inside this room just send us an e-mail or SMS. If you have lost the original key you must make a duplicate and when you leave make sure there is a one key in both key boxes. If not then our cleaning staff might have problems getting access to the house and you will be charged a fee of 100 EUR. So just make sure there is a key in both key boxes when you leave and everything is fine. Keys can be duplicated at the local ferreteria or at the shopping centre El Ingenio, or at many shops in Velez Malaga.

RECIVING THE KEY
When lease contract is signed and payment is made you will receive the code for the key box to the house. Getting in is very easy. Just use the code we send you to open the key box at the front door. Here you will find a key. And this you can use for getting into the house. Easy. You do not have to wait for anyone to show up and let you in.

CHECK IN & CHECK OUT
The dates and time indicated for check-in and check-out must be obliged. Its important because we tell our cleaning team when they can arrive. If these dates and times are not obliged you risk being charged for extra days rent, plus being charged for paying the cleaning for extra trip around the house.

NUMBER OF QUESTS
You have paid for a certain number of quests. This number is indicated above in this lease agreement. You can not be more than this number. Not only for a short time, unless you have an understanding with the owner about this. If you do not obliged to this rule you face the risk of having to pay for all the number of quests in the house for the hole rental period.

ORDINANCES & STATUTES
Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, of which may hereafter be in force pertaining to the use of the premises.

ASSIGNMENT AND SUBLETTING
Tenant shall not assign this agreement or sublet any portion of the premises .

WAIVER
No failure of Owner to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of partial payment be deemed a waiver of Owner’s right to the full amount thereof. This lease supersedes any other lease on the premises during the term stated herein. No terms in this lease shall be deemed waived, regardless of any conflicting terms or rules in any governmental rent assistance programs.

ATTORNEY’S FEES
In any legal action to enforce the terms hereof or relating to the premises, regardless of the outcome, the Owner or agent shall be entitled to all costs incurred in connection with such action, including a reasonable attorney’s fee. Tenant acknowledges all attorneys’ fees shall be classified and billed to tenant as “added rent.”

CANCELATION POLICY

Short term rental

Fee for final cleaning will always be refunded if you do not check in.
Have you used any third part to make the payment, then their fees is a matter between you and this third part.
Have you used bank transfer or PayPal your payment will be refunded according to rules listed below.

Cancellation more than 8 weeks before check-in. 90% refund.
Cancellation less than 8 weeks before check-in. 80% refund.
Cancellation less than 6 weeks before check-in. 50% refund.
Cancellation less than 4 weeks before check-in. 20% refund.
Cancellation less than 2 weeks before check-in. 10% refund.
Cancellation less than 1 week before check-in.0% refund.
Interrupted vacation. There is no refund.

Long term rental

Long term rental is any period beyond 3 months.
Fee for final cleaning will always be refunded if you do not check in.
Have you used any third part to make the payment, then their fees is a matter between you and this third part.
Have you used bank transfer or PayPal your payment will be refunded according to rules listed below.

Cancellation 3 months prior. 100% refund of cancellation 90 days before check-in.
Cancellation 2 months prior. 50 % refund of cancellation 60 days before check-in.
Cancellation less than 2 months prior.There is no refund.
Notice of termination. 30 days written notice, unless date is indicated in the field for rental period above.

PAYMENT POLICY
You can use PayPal, transferred via bank or pay in cash. Please notice that we do not agree to bear any fees. When you make the payment via PayPal you must indicate that you agree to bear the fees. You can avoid the fee for Currency conversion by paying in Euro.

Paying via bank transferee:
Unicaja, 29716 Canillas de Aceituno, Malaga, Spain
Account: 2103 3009 55 00 3000 6907 | IBAN: ES79 2103 3009 5500 3000 6907 | BIC/SWIFT: UCJAES2M

Paying via PayPal:
Paypal@canillas.es

PAYMENT TERMS & DEADLINES
If the deadlines are not respected,owner reserves the right to treat the booking as canceled and rent the house to other guests. Any payments already received will be returned after the rules in our cancelation policy.

Booking
50% of the rental price must be paid before we can confirm a booking.

Full rental price + Final cleaning + Security deposit
100% of the rental price + Final Cleaning + Security deposit must be paid 6 weeks before check in.

Security deposit
Your security deposit will be refunded in full within 7 days after your departure, if everything is ok. If consumption of electricity has exceeded the normal consumption then this will be deducted from your security deposit.

Long term payment
The rent must be paid within 3 regular business days, every first of the month, our bank account in Unica in Canillas de Aceituno.

Consumption of electricity
The meter is placed right outside the main door and will be read by our professional team before you arrive and at the day you leave. Your are welcome to also do the reading yourself. The key for the meter box is in the house.

FINAL CLEANING
It is important that you come down to a house where things are in order, which is cleaned well and nicely – so that the start of your holiday is as optimal as possible. Therefore, we have a rule that the final cleaning should always be handled by professionals. These people will also ensure that if any furniture is damaged or broken, it will be sorted for the next guests arrive. That is a certainty that the house is optimal when you arrive. The final cleaning is obligatory does not mean that you can leave the townhouse in a mess. You are expected to have cleared up nicely after you, and that the dishes are placed in the dishwasher and bed clothes are made of the beds and put into the laundry basket.

Please be aware that there is a limit of how much you can leave for the cleaning staff. So please do some laundry yourself during your stay. Per person you can leave for the final cleaning are: 2 towels, 1 Tea towel, 1 bed covers, 1 pillow cases, 1 duvet, 1 carpet. Extra items will be charged 5 EUR per item for the cleaning staff. If tenant desires cleaning of apartment during stay there is a 100 EUR cleaning fee.

LIVESTOCK
Of course, doggie can go on holiday with you. It may not be in the furniture, and you will be able to control it so it does not makes people feel uncomfortable. If the cleaning company says that your pets have made extra shrinkage, or done damage to the townhouse – you run the risk of extra expense of repairing the damage. But you can prevent this by clearing up nicely before you leave. The house has excellent cleaning facilities, a vacuum cleaner, etc. There is no rental cost for bringing your dog(s) but you have to pay an extra cleaning fee of 100 EUR per animal you bring.

USE OF CUSIONS AND CARPETS OUTSIDE
Please respect that you are not allowed to use any of the cushions and carpets intended for indoor use, outside as colors quickly fade in the sun.

NOTICES
If something is broken, or is something missing, or if the cleaning is not okay, or if you notice something that does not seem okay, then please notice us by e-mail or SMS within 24 hours of check-in. Please indicate in your mail/SMS if you would like us to take care of this right away or you just want to inform us about the issue

HOLDING OVER
Any holding over this lease agreement to other part is not allowed.

ILLEGALITY
If any part of this lease is not legal according to local laws, the rest of the lease will be unaffected. Illegal activity of Tenant(s), invitees or guests on premises constitutes a breach of this lease.

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HOW TO ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL PARTS OF THIS DOCUMENT, AND HAVE RECIVED A COPY

If this document is part of the rental process using one of the websites where the house is published (HomeAway, etc.) then you automatically do this when you make the booking. Else just send us an e-mail telling us that you have read, understood and agrees to the lease agreement. In this e-mail please identify yourself by name and some form of unique identification with your profile picture on.