Holiday apartment with private garden and pool in Benatalaya, Benahavís

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.