BOOKING CONTRACT GENERAL CONDITIONS

1. LEGISLATION.

The leasing of the tourist accommodation is governed by current Tourist Legislation in Catalonia and, more specifically, by Decree 159/2012, of 20th November.

2. ACCEPTANCE AND MODIFICATION.

The general conditions stipulated below constitute a contract negotiated between the guest and the owner. Tanser Estates SL (henceforth K3HOMES) is acting as an intermediary between the guest and the owner of the accommodation, and is responsible for the correct execution of mediation, which will be carried out in accordance with current law. These general conditions will be governed, interpreted, and executed in accordance with Spanish law, under the courts of Girona, Spain.

By browsing the K3HOMES web page or making a booking via that page or in the offices of K3HOMES, the guest declares that they have read and accept these general conditions. The general conditions may be modified to improve the quality of the services provided.

3. CONTRACTUAL AND PAYMENT CONDITIONS.

The guest may book the accommodation by telephone, by internet or in person, at K3HOMES office.

• For this you must make a payment of 25% of the total amount of the reservation.
• During the next 24 hours (working hours) you will receive the email with the status of your reservation.
• 30 days before arrival the guest must pay another 25% of the total amount of the reservation and the remaining 50% is paid on the day of arrival.

Payment method:

• Bank transfer (minimum 10 days before arrival date)
• Cash
• Bank card (online or in person in the offices K3HOMES)

In the event of making the booking through a third party (travel agencies, tour operators, or other collaborators authorised by K3HOMES) then their own payment terms will apply.

4. AMOUNTS NOT INCLUDED IN THE PRICE. DEPOSIT.

The following amounts are not included in the price of accommodation and are obligatory:

• tourist tax (€1 per person/per day; over 16 years old, with a maximum of 7 days per person and per stay).
• final cleaning (the amount of the cleaning depends on accommodation, from € 79 to € 289, shown on the reservation form before making the payment and includes the price for bedlinen).
• towels (€ 9.90 per booking which includes a bath towel for each guest, a hand towel, and a bathmat for each bathroom)

At the time of check in (entry registration) the client must pay the Deposit. The Deposit varies from € 200 to € 500 depending on the accommodation and is returned to the same card or by banc transfer during the next 7 days after verifying the status of the accommodation after the client's departure. The full amount of the deposit will be returned, except if defects are detected in the accommodation, furniture or equipment, or situations of extreme dirt and waste or non-compliance with accommodation rules (p.9). The cost of restoring the conditions of the accommodation upon entry will be deducted from the Deposit.

5. ADDITIONAL SERVICES AND SUPPLEMENTS ON REQUEST

The following additional services, which are not included in the leasing price, are also provided, and must be booked in advance and are subject to availability:

• EXTRA set of individual bed linen - € 12,00 per set***.

• EXTRA set of double bedding - € 14,00 per set***.

• Shower towel - € 6,00 per towel ***.

• Hand towel - € 3,00 per towel ***.

• Beach / pool towel - € 6,00 per towel ***

• Baby cot - € 30 per cot per stay.

• Baby highchair - € 30 per chair per stay.

• Stay of the pet - € 10 per pet per day **.

• Late check in (after 20:00) - € 50.

 

All prices include VAT at 21%.

 

** - these services are not available for all stays; prior authorisation is necessary.

***-the price includes the hire of a single unit and does not include the changing of sheets or towels. If the guest wishes to change the towels or bed linen during their stay, they must book this service in advance. It is paid as a separate item, in accordance with the rates detailed above.

6. MODIFICATIONS TO PRICES, FEATURES AND PHOTOGRAPHS.

Although the descriptions of the accommodation and prices have been prepared with great care, in some cases there may be modifications, which will be communicated to the guest by email.

It may be the case that these modifications occur after booking confirmation and will affect essential points in the contract. In that case you can change the accommodation or cancel the contract, at no cost, within a period of five days, with any payment made being refunded.

All photographs are representative. Interior decor may vary.

7. MINIMUM STAY, TIME OF ARRIVAL AND DEPARTURE, MAXIMUM OCCUPANCY.

The minimum stay depends on each accommodation and seasons and can vary from one night to 14 nights. This information can be consulted on the K3HOMES website; it can also be consulted by phone or email.

The time of arrival will always be from Monday to Saturday between 4 pm and 8 pm and the departure before 10 am. Tickets after 20:00 have an additional cost of € 50 per ticket. To arrive on Sunday, please contact K3HOMES to arrange the time of arrival, via phone or email.

The departure time: The client agrees to leave the accommodation free and return all the keys before 10am on the day of departure. In case the accommodation will not be evicted, the client will pay a daily amount of double the daily amount contracted as well as claims for damages that may be objects by other people with confirmed reservations.

The place for the handing over of keys and checking in is the offices of K3HOMES, Avenida Riells, 32B, L’Escala.

Occupancy of the accommodation will be limited to the maximum number of people established in the advertisement for each accommodation. The owner, key-holder or representative of K3HOMES may prevent entry to the accommodation in the case of exceeding the maximum permitted occupancy number.

8. CANCELLATIONS

CANCELLATIONS by the guest for bookings:

If the guest cancels the booking during the 24 hours following the first payment, the cancellation will be free of charge, and 100% of the amount paid will be returned.

If the guest cancels the booking from the day following the first payment and up to 31 calendar days prior to the day of arrival, the cost of cancellation will be 25% of the total amount for the booking.

If the guest cancels the booking between 30 days prior to the day of arrival and the day of arrival itself, the cost of cancellation will be 100% of the amount for the accommodation.

If within the penalty period the guest is forced to cancel the reservation due to official mobility restrictions that prevent their arrival at the accommodation, the amount paid by the guest will be converted into a BONO and can be used to make another reservation at any K3HOMES accommodation during the 12 months after the start of your initial reservation. 

If the guest is already staying in one of the K3HOMES accommodations and is forced to leave the accommodation due to the official restrictions imposed due to Covid19, the amount corresponding to the nights not enjoyed will be converted into a BONO and can be used to make another reservation at any K3HOMES accommodation during the 12 months after the start date of your initial reservation.

If a guest has to change the number of nights of their future reservation due to the official restrictions imposed due to Covid19, the amount corresponding to the cancelled nights will be converted into a BONO and can be used to make another reservation at any K3HOMES accommodation during the 12 months after the start of your initial reservation.

If the guest wishes to change the reserved accommodation, he must notify K3HOMES at least 1 month before the day of entry by email and wait for the response. This change is subject to availability and may cause additional charges that will be communicated to the guest before making any changes to their existing reservation.

CANCELLATIONS by K3HOMES

Non-receipt of any payment of reservation within the time limits, will be grounds for immediate cancellation of the reservation. Charges will apply according to the policies mentioned above.

In the event of some serious unforeseen circumstance, K3HOMES reserves the right to cancel the contract during the 24 hours following the first payment by the guest, refunding the total amount paid.

In the event of any unforeseen event or incident with the accommodation, K3HOMES reserves the right to substitute the booked accommodation for another of similar or superior characteristics, or cancel the booking if the guest prefers that, refunding the amount paid.

In the event of making the booking through a third party (travel agencies, tour operators, or other collaborators authorised by K3HOMES) then their own cancellation policy will apply.

9. GUEST'S OBLIGATIONS AND ACCOMODATION RULES.

• Return the accommodation and the interior and exterior furniture and implements clean and in good condition ((the kitchen and barbecue surfaces must be clean, rubbish left in the corresponding containers outside the accommodation, interior and exterior walls of the accommodation, windows, doors, and swimming pool must not be damaged or marked), and in the event of imperfections or breakage it is the guest's liability to compensate for the damage with an amount to cover repair or replacement. If, during the stay in the apartment or house some material or utensil is broken (cutlery, crockery, glassware, for example), then you are requested to replace the broken article with an identical or similar item. If a more important item is broken, it is necessary to report the matter to the agency.
• Do not indulge in activities in the accommodation which are annoying, unhealthy, harmful, dangerous, or illegal. You may not store inflammable, explosive, or corrosive material in the accommodation and/or carry out commercial or industrial activities.
• Do not sub-lease, transfer or reassign the contract.
• Do not charge electric cars at the accommodation, otherwise it will be deducted from the DEPOSIT. Most accommodation is not prepared for the load of these, and it can be dangerous.
• Respect the internal regulations, or the statutes or rules which are stipulated in accommodation which is part of a community of owners. Avoid noise which may annoy the neighbours, above all after 10 p.m.
• Allow K3HOMES representatives to visit the accommodation during working hours with possible purchasers for the property (in the event that the property is also for sale). The number of visits cannot exceed a maximum of two per week
• Allow the gardener and the pool attendant covering the accommodation to carry out maintenance work and watering in the garden and pool areas.
• In order to prevent the risk of theft, do not leave personal effects outside the accommodation (patios or gardens), and ensure that all external points of entry, doors and windows are fully closed when leaving the accommodation, or when possible entry cannot be monitored. The insurance policy covering the house / apartment only covers property of the owner.
• The client assumes responsibility for the conservation of the accommodation, furniture and equipment as he found it on arrival and undertakes to leave it at the exit in the same state, while returning the keys of the accommodation. The client undertakes to inform K3HOMES of any damage that may arise in the facilities and services of the accommodation for the purpose of quick repair, allowing a technician sent by K3HOMES access to the accommodation at any time, unable to order repair at their own expense to other people. Otherwise, the damages and prejudices that this breach could cause will be of its exclusive responsibility.
• Notify K3HOMES if you plan to travel with a pet. Pets are not allowed in some of the accommodations. In those that are allowed, the following rules must be met:

-         It is strictly forbidden for pets to climb on the furniture of the accommodation (including garden and terrace).

-         It is strictly forbidden for pets to relieve itself in the accommodation facilities both inside and outside (including garden and terrace).

-         Failure to comply with these conditions will result in a charge of € 100.

The following causes can be reasons for eviction and non-return of the rent paid:

- Exceeding the maximum number of people.

- The inappropriate behaviour of the tenants, such as causing excessive and repetitive noises that disturb the neighbours.

- The deterioration of the rented goods.

10. CLEANING.

The accommodation will be made available to the customer properly clean. The customer undertakes to leave the accommodation in reasonable cleaning conditions with no rubbish or food remains, the kitchen and barbecue equipment clean. Otherwise, you will be subject to a penalty of €100.

11. EQUIPMENT.

All properties managed by K3HOMES are verified and checked before they are handed over to the tenant: structure, proper functioning, and cleanliness. If the tenant detects any anomaly, breakdown or lack of cleaning that may impair the stay, they must contact the agency within the first 24 hours for immediate action.

In any case of breakdown or lack of internet, water or electricity services, the tenant must inform the agency as soon as possible so that the supplier of supplies can be contacted. These services do not depend on K3HOMES, and therefore, no compensation claims will be accepted.

12. DROUGHT SITUATION.

The measures to manage episodes of regional water shortages agreed by the Government of Catalonia
(Generalitat de Catalunya) and/or other competent public administrations will be mandatory for both
contracting parties. In compliance with the regulations, services may be affected that cannot be carried out
normally. No such event will entail any type of compensation.

13. CLAIMS.

If the client wishes to make a complaint or suggestion, this can be done by email, or by going to the offices of K3HOMES. The offices also have official complaint forms.

14. K3HOMES LIABILITY.

If the booked accommodation has very serious deficiencies which prevent its normal use, then K3HOMES promises to find an alternative solution of similar characteristics and price. If this is impossible due to a lack of available accommodation, or because the guest rejects all the proposed offers, then it will refund all or part of the amount of the booking – in accordance with the time the accommodation has been used, with K3HOMES bearing no additional liability.

The liability of K3HOMES is limited to its function as an intermediary, in accordance with the scope and effective performance by K3HOMES that this involves, and no personal liability will be assumed that, in accordance with the Law, corresponds to ownership in the leasing of seasonal accommodation.

K3HOMES will not assume any liability in the following cases:

• Negligence or omission of services attributable to third parties.
• Faults or incorrect functioning of swimming pools, children's play areas and sports facilities of any nature, with the use of these being strictly the liability of the user.
• Theft in the accommodation.
• Damage or injury to persons or objects caused by force majeure or unforeseen mishaps.
• Noise from works, commercial premises, or nearby homes.
• Delayed orders for home appliances or repairs by the brands' official technical services.

In any event, the guest accepts that the economic liability of K3HOMES for any possible non-material loss which may occur because of its intermediation, will be limited to the total amount paid with regards to the leasing.

15. PERSONAL DATA.

The client authorises the inclusion of personal data within K3HOMES files.

Responsible: Tanser Estates SL with CIF B55099360 and registered office at AVDA. RIELLS 32B, L'ESCALA (17130), GIRONA.

Purpose: Provide the services requested and send commercial communications; ensure information on mandatory security measures in relation to COVID-19

Legitimation: Execution of a contract, legitimate interest of the Responsible Party and consent of the interested party provided in this document; and mission in the public interest

Recipients: Data transfers are planned for: Public administration with competence in the matter, Tax Administration, Financial entities and Security Forces;

Rights: You have the right to access, rectify, limit, oppose, port, and delete the data, as well as other rights, indicated in the additional information, which you can exercise by contacting the address of the person responsible for the processing.

Provenance: The interested party himself.

Additional information: info@k3homes.com.