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ELECTRICITY USE: The rental includes electricity consumption considered as normal use. Any consumption exceeding 10% of the total rental price will be considered excessive use. In such cases, and provided the property has electronic meters to verify the exact consumption, the excess amount may be charged from the deposit as excessive consumption.
INCLUDED SERVICES
TENANT AGREEMENT: The TENANT declares having read and agrees with the descriptions and services offered of the vacation accommodation they have rented, as it appears in the advertisement. Claims for services not specified in the advertisement will not be accepted. The property is rented "as is" as shown in the photos, any discrepancy between the text and the images will not be a reason for compensation.
OCCUPANCY
REGISTRATION AND OCCUPANCY LIMIT: Only persons registered through the welcome app are authorized to reside in the property during the rental period, respecting the occupancy limit declared in the advertisement. It will be mandatory to present identification documentation of all guests through our guest portal.
ENTRY AND EXIT
CHECK-IN AND CHECK-OUT TIMES: The lease agreement begins at 16:00h on the day established as check-in and concludes at 11:00h on the day marked as check-out. The schedule to carry out the check-in extends from 16:00h to 2:00h.
ADDITIONAL COSTS FOR LATE ENTRY:
Entries made between 16:00h and 21:00h do not incur additional costs.
Entries between 21:00h and 00:00h will incur an additional cost of 50€.
Entries between 00:00h and 02:00h will incur an additional cost of 100€.
IMPORTANT: Properties equipped with smart locks offer access without additional time restrictions from 16:00h to 02:00h, provided that the late arrival communication is made with a minimum of 24 hours in advance. In the event that the client arrives outside office hours without prior communication and cannot access the property due to any unforeseen event, Homewatch will not assume hotel costs or compensations, due to the possible unavailability of the check-in team outside office hours.
HOMEWATCH is not responsible for arrivals after 02:00 even with an electronic lock.
COST FOR DELAYED DEPARTURE:
The departure must be made before 11:00h. Each hour of delay not previously agreed in writing with Homewatch will be penalized with a charge of 50€ per hour, which will be deducted from the deposit.
ARRIVAL TIME COMMUNICATION:
The TENANT must communicate their approximate arrival time at least 24 hours in advance. On the day of arrival, they must confirm their exact arrival time to Homewatch one hour before. Homewatch will receive the tenant at the accommodation and provide all the necessary instructions.
KEY DELIVERY REQUIREMENTS:
It is mandatory to present an official identification document of each person in the guest portal for the key delivery. In case the identity of the tenant or the match with the person who made the payment for the reservation cannot be verified, Homewatch reserves the right not to deliver the keys. The tenant will receive a code, an opening link, or a set of keys for the accommodation. In case of loss, they must immediately notify Homewatch, being responsible for the replacement costs or lock change if necessary. Once the check-in is done, the tenant is responsible for always carrying the key; the electronic lock is a complement but not the primary access method.
MAINTENANCE, CLEANING, AND BEHAVIOR
MAINTENANCE AND CLEANING:
FINAL CLEANING: The property will be delivered clean at the beginning of the lease. The tenant is responsible for maintaining the property during their stay, and a final cleaning will be performed after the tenant's departure. This final cleaning is included in the rental, however, the property must be left in reasonable order and cleanliness conditions.
POOL AND GARDEN MAINTENANCE: In properties that have a pool or garden, a gardener will perform weekly maintenance. It is mandatory to allow access to the gardener. Lack of access resulting in damage due to lack of maintenance could result in deductions from the deposit.
BED LINEN AND TOWELS: A set of sheets and replacement towels will be provided for each person. In properties with a pool, a pool towel per person will be included. ADDITIONAL SERVICES: Cleaning during the stay is not included and can be contracted separately, along with other services such as chef, sheet changes, babysitter, extra towels, etc., through [email protected].
TENANT RESPONSIBILITIES:
TRASH: Leave the property without trash inside and deposit it in the corresponding containers. APPLIANCE USE: Use the appliances appropriately. Specifically, ensure that electric blinds are free of obstructions before use and close the parasols after each use to prevent damage. INCIDENT COMMUNICATION: Communicate to Homewatch any water loss, dampness, or incident within the first 24 hours to prevent further damage.
BEHAVIOR:
NOISE RESTRICTIONS: A silence schedule must be respected from 22:00 to 08:00. During the rest of the day, noise is allowed at normal levels. Parties and the entry of unregistered persons in the property are prohibited. PETS: Allowed only if specified in the advertisement, limited to one pet under 20kg, unless special authorization is obtained. Animals are not allowed in common areas, and their feces must be collected daily. SMOKING: Smoking inside the property is prohibited. Smoking is allowed on terraces, provided cigarette butts are deposited in the trash.
EMERGENCIES:
EMERGENCY CONTACT: For any emergency during the stay, the tenant can contact Homewatch at +34 952839409 [email protected]
DEPOSIT AND SECURITY
DEPOSIT DEFINITION: The deposit is a refundable security deposit that the tenant gives to the landlord at the time of booking. Its purpose is to cover possible damages, losses, or breaches of contract during the stay in the property.
DEPOSIT AMOUNT AND CONDITIONS: The amount of the deposit will be determined by the landlord and communicated to the tenant before formalizing the contract. This amount must be reasonable and proportional to the value of the property and the rental period.
RETURN OF THE DEPOSIT: The deposit will be returned to the tenant at the end of the stay, deducting any costs arising from damages, losses, or breaches detected. The procedure and deadlines for the return will be specified in the contract.
PROPERTY SECURITY: The landlord commits to delivering the property in safe and functional conditions, including safe lock systems and alarms if there are any.
TENANT RESPONSIBILITIES: The tenant must use the property responsibly, avoiding causing damage or alterations. They must respect the furniture, appliances, and common areas, as well as follow the rules of coexistence and respect towards neighbors.
BREACHES AND PENALTIES: Any breach of the conditions established in the contract, including damage to the property or the landlord's belongings, may result in the partial or total retention of the deposit and, in severe cases, legal action.
Payment and Cancellation Policy
PAYMENT POLICY
RESERVATION AND DEPOSIT: To confirm the reservation of a property, a deposit of 50% of the total rental price is required at the time of booking.
FINAL PAYMENT: The remaining 50% must be paid one month before the scheduled arrival date.
RESERVATION CONFIRMATION: The reservation is considered confirmed once the deposit has been received. A written confirmation will be sent to the tenant.
DATE FLEXIBILITY: For stays booked at least two weeks in advance, we offer the flexibility to adjust the arrival date by ±3 days, subject to availability, without reducing the total number of nights booked.
CANCELLATION POLICY
CANCELLATIONS AND DEPOSITS: Any payment made as a deposit or final payment will not be refundable in case of cancellation by the tenant.
FORCE MAJEURE MODIFICATIONS: In circumstances of duly justified force majeure, we will evaluate cancellation or modification requests on a case-by-case basis, seeking an amicable solution that may include date changes or credits for future stays.
CANCELLATION BY THE OWNER: In the unlikely event of cancellation by the owner, they commit to returning the total payments made by the tenant.
CANCELLATION NOTIFICATION: All cancellations or modification requests must be communicated in writing to the email address provided in the booking confirmation.
TENANT'S RESPONSIBILITIES
The tenant must be adequately informed about the payment and cancellation policies before making a reservation. It is the tenant's responsibility to ensure payments are made on the agreed dates to avoid cancellation of the reservation.
APPLICABLE LAW AND JURISDICTION
APPLICATION OF ANDALUSIAN TOURISM LAW: In accordance with the Statute of Autonomy for Andalusia and the Law 13/2011, of December 23, of Tourism in Andalusia, this contract is governed by the provisions applicable to tourist-use housing, established in the Andalusian regional legislation. This includes the obligations and rights of both users and entities exploiting tourist-use housing.
REGISTRATION AND COMPLIANCE: The housing subject to this contract is duly registered in the Tourism Registry of Andalusia, complying with all the requirements established in Decree 28/2016, of February 2, as well as any other modification or applicable regulation to date.
RESPONSIBILITY AND MANAGEMENT: The management and administration of the tourist housing correspond exclusively to the contract holder, who assumes the responsibility derived from its operation, thus guaranteeing the quality, accessibility, security, and other rights of the users, in accordance with the established in the Andalusian tourism legislation.
COMPETENT JURISDICTION: For any dispute or controversy that may arise in relation to the interpretation, compliance, or execution of this contract, the parties expressly submit to the jurisdiction of the courts of the Autonomous Community of Andalusia in Málaga Marbella, renouncing any other jurisdiction that may correspond to them.
HOMEWATCH PRIVACY POLICY
Homewatch, with CIF B92028018 and registered office at Urb Costabella C./ Berlin 118, Marbella, Málaga (hereinafter, "Homewatch"), is committed to protecting the privacy of its users and customers. This privacy policy describes how Homewatch collects, uses, stores and protects the personal information of its users and customers in compliance with current data protection legislation.
DATA PROCESSING RESPONSIBLE
Homewatch is responsible for processing personal data collected through its websites, applications, and services.
PERSONAL INFORMATION WE COLLECT
2.1 Homewatch may collect personal information from its users and customers, including but not limited to:
Identification data: name, surname, identification document, date of birth, nationality.
Contact data: address, telephone, email.
Economic and transactional data: credit card information, details of purchases and reservations.
Web browsing and usage data: cookies, IP addresses, device and browser information.
2.2 Personal Information of Minors
Homewatch may collect and process personal information from users who are over 16 years old. If you are under 16, you should not provide any personal information without the consent and supervision of a responsible adult.
PURPOSE OF DATA PROCESSING
Homewatch processes personal data for the following purposes:
Manage reservations and provide services to our customers.
Send commercial communications and promotions, provided that the user has given their consent.
Improve the quality of our services, personalize the user experience and perform usage and navigation analysis.
Comply with our legal and administrative obligations.
LEGITIMIZATION OF DATA PROCESSING
The processing of personal data by Homewatch is based on:
The user's or customer's consent, obtained through forms and checkboxes.
The execution of a contract or pre-contract in which the user or customer is a party.
Compliance with a legal obligation by Homewatch.
4.1 Withdrawal of Consent
Users and customers have the right to withdraw their consent to the processing of their data at any time. If you wish to withdraw your consent, you can contact us using the details provided in the contact section of this privacy policy.
RECIPIENTS OF PERSONAL DATA
Homewatch does not sell or transfer the personal data of its users and customers to third parties, except in the following cases:
When necessary to provide services to our customers, such as accommodation, transportation or tourist activity providers.
When required by law, government authorities or courts.
In case of sale, merger or acquisition of Homewatch or part of its assets.
RIGHTS OF USERS AND CUSTOMERS
Users and customers have the following rights in relation to their personal data:
Access: request information about the personal data that Homewatch has about them.
Rectification: request the correction of inaccurate or incomplete personal data.
Deletion: request the deletion of their personal data when they are no longer necessary for the purposes for which they were collected.
Objection: object to the processing of their personal data for direct marketing purposes.
Limitation of processing: request the limitation of the processing of their personal data in certain circumstances.
Portability: request the transfer of their personal data to another data controller or to themselves in a structured, commonly used and machine-readable format.
To exercise these rights, users and customers can contact Homewatch through the following means:
Email: [email protected]
Postal mail: Urb Costabella C./ Berlin 118, Marbella, Málaga
Telephone: +34 952 83 94 09
6.1 Supervisory Authority
If you believe that the processing of your personal data infringes data protection regulations, you have the right to lodge a complaint with a data protection supervisory authority. In Spain, the supervisory authority is the Spanish Data Protection Agency (AEPD).
SECURITY OF PERSONAL DATA
Homewatch implements appropriate technical and organizational measures to protect the personal data of its users and customers, including the use of encryption, firewalls, access controls and internal security policies. However, we cannot guarantee the absolute security of the information transmitted over the Internet.
CONSERVATION OF PERSONAL DATA
Homewatch will retain the personal data of its users and customers for as long as necessary to fulfill the purposes for which they were collected and to comply with our legal and administrative obligations.
LINKS TO THIRD PARTY WEBSITES
Our website may contain links to third-party websites. Homewatch is not responsible for the privacy policies and practices of such websites. We recommend that users review the privacy policies of third-party websites before providing personal information.
CHANGES IN THE PRIVACY POLICY
Homewatch reserves the right to modify this privacy policy at any time. Any changes to our privacy policy will be posted on our website and, when necessary, communicated to users and customers by email or through our platform.
CONTACT
If you have questions or concerns about this privacy policy or the processing of personal data by Homewatch, please contact us through:
Email: [email protected]
Postal mail: Urb Costabella C./ Berlin 118, Marbella, Málaga
Telephone: +34 952 83 94 09
Last update date: 24/02/2023
11.1 Data Protection Officer Contact
If you have any questions or concerns about the way we handle your personal data, you can also contact our Data Protection Officer (DPO) through:
Email: [email protected]
Postal mail: Urb Costabella C./ Berlin 118, Marbella, Málaga
Telephone: +34 952 83 94 09
12.SPECIFIC INFORMATION FOR THE HOMEWATCH APPLICATION
The Homewatch application may require the use of the user's location. If the application explicitly requests this, this permission is solely to ensure its correct technical operation. The user's location data are NOT collected in any way by the data controller.
