1.1 These General Terms and Conditions are applicable on all offers, reservations and agreements with regard to all the holiday villas and other facilities at the Country Club of Mazarron, which are being let by Casaña.
1.2 In these General Terms and Conditions, the notion of ‘tenant’ is understood as follows: the person whom via Casaña, makes an agreement with the landlord with regard to the rent/use of a holiday villa.
The notion of ‘user’ is understood as follows: the tenant, and the by the tenant submitted persons who will make use of the holiday villa rented by the tenant. The notion of landlord is understood as the person whom by mediation of Casaña rents out his holiday villa.
1.3 These General Terms and Conditions are applicable regardless of your (preceding) references to possible own terms or any other general terms and conditions. Casaña will neglect any terms and conditions to which you will refer or which will be used by you. 1.4 Divergent agreements of these General Terms and Conditions are only valid if, and only if, agreed on in writing.
2.1 Casaña will only deal with reservations made by persons with the age of 18 or older. Reservations done by persons younger than this age are therefore not valid.
2.2 Casaña will preserve the right at all times – without any assignment of reason – to refuse to take a reservation into handling.
2.3 If Casaña will deal with your reservation, Casaña will send you a written confirmation as well as the invoice within 14 days after you have made the reservation. You need to check this for correctness directly after you have received it. Possible errors need to be reported to Casaña immediately.
2.4 If you have not received a written confirmation/invoice within 14 days after reservation, you should contact Casaña immediately, for absence of which you can not make an appeal on the reservation.
2.5 Between you and the landlord an agreement will be made at the moment Casaña has sent you the written confirmation as well as the invoice.
2.6 For the rental of 12 months or longer, the contract shall be made for 6 months, after which it will be extended by another 6 months.
Changes in the agreement
3.1 If you, after realization of the agreement, wish to make changes in the agreement the landlord is not obligated to accept those. It is the free choice of the landlord to determine if, and in what way, these changes will be accepted. In case the landlord will accept your changes, the landlord may charge you with additional costs of these changes.
Replacement proposition/ in place of proposition
4.1 The tenant and other users are not allowed to, under any denomination and from which thought process whatsoever, give use of the holiday villa to any other persons named in the reservation, unless agreed upon differently in writing with the landlord.
4.2 If you and the landlord have agreed that you and/or one or several users will be replaced, you will, besides the tenant and/or users who will replace you and/or other users, be held mainly responsible towards the landlord for the payment of the part of the rental price you still owe, the additional costs of any changes (see art. 3.1) and possible extra costs as a consequence of the replacement and possible cancellation costs.
5.1 You owe Casaña the agreed upon rental price, as mentioned in the written confirmation as well as the invoice of the reservation. If the costs for Casaña (personnel, energy, taxes etc.) after settling the agreement have verifiably and unforeseeably risen, Casaña has the right to raise her prices and to charge the raised price to you. If the raise in the price will be made within 3 months after the agreement has been settled, the raise in the price will be maximally 5% of the prior settled price and you will have the right to terminate the agreement on those grounds (cancellation)
5.2 The use of discounts and/or special offers can no longer be used if the confirmation of the reservation/invoice has been sent by Casaña
5.3 All prices are, as far as they are applicable including VAT, unless mentioned otherwise.
5.4 Water-, electricity- and energy costs are included in the rental price.
6.1 You/the tenant, apart from the rental price, also owe cleaning costs. These costs, dependent on the size of the villa, are mentioned on the invoice.
6.2 You do not need to pay tourism taxes.
6.3 If there is a possibility of keeping a pet in the holiday villa, an extra amount will be charged on the invoice, which is a different amount for each holiday villa.
7.1 If it concerns a reservation within 30 days, you will need to transfer the full amount (rental price, guarantee deposit and the cleaning costs) by bank to Casaña within 7 days after you have received the invoice.
7.2 For an early booking you need to pay 20% of the total sum within 7 days after you have received the invoice, the remainder (80% of the total payment) needs to be paid to Casaña in total 30 days prior to your stay.
7.3 If it turns out that, on arrival at the park, the total sum is not yet transferred to the bank account of Casaña, Casaña can deny you the use of the holiday villa and/or other facilities.
7.4 In absence of payment in time of the amounts charged to you, you will be, immediately after expiration of the term for payment, in absence. In this case Casaña will offer you an opportunity in writing to pay the indebted amount within 7 days.
If payment will then still be in absence, Casaña preserves the right to cancel the agreement as of the day the term of 7 days will expire and also hold you accountable for all damages which Casaña will suffer as a consequence of this, under which all costs which Casaña has incurred with regard to your reservation and the termination will be counted.
7.5 In any case Casaña has the right to charge cancellation costs per accommodation.
In that case the enactments of article 13 are applicable.
Casaña will always have the right to deduct claims of any kind from the payments you made of any kind.
Arrival and departure
8.1. At least one week prior to arrival you are impelled to inform Casaña on the expected arrival time, might this change on the day of arrival for any reason whatsoever, you ought to contact the contact person in Spain. The phone number of this contact is mentioned in the information which you have received with your reservation.
8.2 The rented accommodation can, on the settled date of arrival as mentioned on the confirmation of the reservation, be entered from 15.00 hours. On the settled date of departure, as mentioned on the confirmation of the reservation, you need to leave the accommodation before 10.00 hours.
8.3 If you wish to stay for a longer period than agreed upon with the landlord, and the landlord will agree, Casaña will still have the right to assign you to a different holiday villa.
8.4 If the use of the holiday villa and/or other facilities will be ended before the settled date, as mentioned on the confirmation of the reservation, the tenant does not have the right to restitution of (a part of) the rental price and/or costs.
9.1 Each accommodation can only be occupied by the number of persons which is mentioned by Casaña, on the website or on the flyer for the concerned accommodation.
9.2 Necessary maintenance (e.g. swimming pool maintenance) that might be done during your stay will have to be allowed by you, without the right to an allowance, on the accommodation or on other facilities.
9.3 For safety reasons it is not allowed to place tents near the holiday villa.
9.4 The tenant needs to leave the holiday villa as clean as possible (so: do not leave any dirty dishes, remove the bed linen and fold them up, clean the kitchen and refrigerator, place the litter bag in the container). An amount of € 50,- will be kept from the guarantee deposit if the villa is not left as clean as possible .
9.5 The tenant and users can make use of bed linens, which can be found in the villa and no extra costs will be charged for this use.
10.1 Dependent on the holiday villa one or maximally two pets of the tenant or users are allowed by Casaña. If you and/or other users wish to bring pets along with you, you need to directly report this in your reservation. In that case Casaña will charge you with a fee which you will have to pay accordingly. Casaña preserves the right to – without assignment of reason – refuse pets on the park. Pets will never be allowed in some of the holiday villas.
10.2 Pets do not have access to swimming pools.
10.3 The pets may not cause any disturbance towards other guests and/or neighbors.
10.4 A dog basket needs to be brought and a flee collar is obliged for dogs/cats.
10.5 Caged animals are free of charge (indicate in reservation)
10.6 Pets of visitors are not allowed.
10.7 For the transport of animals within the EU, animals need to have a passport according to European standard (as of the 3rd of July 2004). The animals have to be vaccinated against rabies and identification by means of a chip or tattoo is obliged.
10.8 You yourself are responsible for the possession of proper travel documents which are required for your destination.
11.1 The tenant, named on the invoice of the reservation, is responsible, that which the accountability or responsibility of the other users/guests is let unhampered, for an orderly way of affairs in and around the rented accommodation or elsewhere in the park, insofar as these by him or his company/the other users are being influenced.
11.2 Next to that the tenant will be responsible, that which the accountability of the other guests is let unhampered, for damage by breakage and/or absence and/or other damages of inventory and/or accommodation. Possible damages need to be reported by the tenant to Casaña immediately and need to be paid on the spot, unless the tenant can show that the origin of the damage is not the fault of himself, other users or any of the members in his company. The tenant will then be justified to deduct the damaged from the guarantee deposit.
12.1 Prior to checking in to the villa the tenant will pay a guarantee deposit of € 200,- to Casaña .
If the guarantee deposit is not paid at the total payment Casaña will be authorized to withhold the tenant and/or other users from access and use of the holiday villa.
12.2 If you fall short in paying the guarantee deposit, Casaña will further more be authorized to cancel the entire agreement immediately.
12.3 The guarantee deposit or possible remainder of this, after payment of claims by Casaña on the tenant and/or users, will be paid back if you leave the accommodation duly, taking article 9 into consideration. Possible claims for amends will not be cancelled out by this restitution.
13.1 If a reservation is cancelled, cancellation costs are owed. These amounts are, for cancellation up until 28 days prior to arrival, 30% of the total costs and, for cancellation from the 28th day prior to arrival or later, the total costs/agreed rental price.
13.2 You can insure yourself against this risk by taking a cancellation insurance.
13.3 If you have not arrived 24 hours after the settled date without further notification, this will be considered as a cancellation. Casaña is then authorized to rent out the villa to another party, so as to limit the damages.
Changes and Powers out of our reach
14.1 In the case Casaña will not be able to, in a timely manner, carry out the agreement in full or in part because of powers out of our reach, you will, within 14 days after she has been informed of the impossibility to comply with the agreement, be able to present a different proposal (for another holiday villa/another period etc.).
14.2 Powers which are out of reach to Casaña exist if the execution of the agreement, in full or in part, temporary or not is prevented by circumstances which are out of Casaña’s will, under which included are threat of war, strikes, blockages, fire, floods and other disturbances or events.
14.3 You are justified to reject the different proposal. If you reject the different proposal, you need to make this known within 14 days after receiving the different proposal. In that case Casaña preserves the right to terminate the agreement immediately. You will then have the right to remission and/or a return of (the already paid part) the rental price. Casaña will then not be held responsible for paying any damages.
15.1 Casaña preserves the right at all times to cancel the agreement immediately, if in the reservation, personal information of you and/or other users is incomplete and/or falsely submitted. In such a case no restitution of the rental price or a part of this will take place.
16.1 Casaña and/or the landlord can not be held accountable for theft, loss or damages on belongings or of persons, of which degree whatsoever, during, or as a result of a stay in one of the holiday villas and/or other facilities of Casaña and/or the landlord, unless there is a matter of intentional or coarse guilt of Casaña and/or the landlord or (one of) her employees.
16.2 Responsibility for damages existing of loss of enjoyment of the vacation or damages due to business or other consequences, is under any circumstance out of the question. Casaña and/or the landlord is furthermore in no case responsible for damages of which claims to compensation exists from a travel- and/or cancellation insurance or any other insurance for that matter. .
16.3 Casaña and/or landlord is not responsible for disturbances in provision of services or shortcomings of services granted by third parties
16.4 You are, with the user mainly responsible for all losses and/or damages on the rented accommodation and/or other belongings of Casaña and/or landlord which arise during the stay in it by you and/or other users, regardless of the fact that this is the consequence of actions or neglect of yourself and/or third parties whom reside at the park with your consent.
16.5 You guard Casaña and/or landlord against any claims with regard to damages of third parties which are (also) the consequence of any actions or neglect of yourself, other users, your travel companions or third parties which reside at the park with your consent.
16.6 On improper use or improper abandonment, including but not restricted to excessive pollution, of the accommodation extra costs will be charged, which you are then obliged to pay immediately.
17.1 Despite the care and efforts of Casaña you can be of the opinion that you have a justified complaint with regard to your holiday residence. At the latest a month after you have left the holiday villa you will have the opportunity to submit a complaint in writing to: Casaña, Wilhelmina Druckertuin 12, 1705 JM Heerhugowaard with reference to booking confirmation number, Name,Address and Place of Residence, dates of your stay and accommodation number. We will be deal with the complaint with the greatest of care.
18.1 On the agreement between the tenant on the one hand and the landlord and/or Casaña on the other hand the Dutch law is applicable.
18.2 If the defendant’s party lives in The Netherlands, the court of justice of their place of residence is authorized to take notice of all the matters of dispute between the tenant on the one hand and the landlord and/or Casaña on the other hand. With regard to defendants who do not have a place of residence in The Netherlands, the court of justice of Haarlem is authorized.
19.1 You yourself are responsible for the possession of valid travel documents which are required for your destination. Casaña and/or the landlord do not hold any responsibility for the consequences which result from not being in the possession of the proper travel documents.
20.1 Apparent typographical errors or misprints do not bind Casaña. With these general terms and conditions, all prior publications have expired.
20.2 All of the data which you provide to us will be put in a file. This data file will be used for our guest administration.