VILLAS, COTTAGES AND
RURAL HOLIDAY HOMES IN TENERIFE
LEGAL FRAMEWORK FOR TEMPORARY RENTAL AGREEMENTS
Information for User: The lodging you selected is rented for short-term periods, according to the article 3, Law 29/1994 of Urban Leasing – “LAU”
Short-term rental: They will be considered rental different from housing, those house rentals of urban holdings temporarily made and in every season of the year (article 3 Law 29/1994 of Urban Leasing – “LAU”).
Legal Framework: The Short-term rentals, as a different kind of house-rentals, is based on the will of the parties, otherwise on the LAU and after on the Civil Code.
Special rules: In spite of the rules previously reported, some special rules of the LAU will be applied with mandatory effect to Short-term Rentals, specifically the following:
Law framework: depending on the LAU as lodging different from housing.
Deposit: when the agreement will be signed, it will be mandatory to give a cash deposit of an amount equal to one part of the total price of renting in house renting and two parts in renting for a different use of housing.
Renting agreement: written
Judicial process: As a main feature of renting different from housing, desisting to some rights according to the LAU (art. 31 and 33) must be expressed.
EXAMPLE OF AGREEMENT THAT WILL BE GIVEN TO THE GUEST FOR THE RENTING
AGREEMENT FOR SHORT-TERM RENTING
On the____________ of _____________ of 20
This Short -Term Rental Agreement (the “Agreement”) is made by and between _______________________ (“Homeowner”) with Passport/ID Card N°______________ and _____________________ (“Guest”) with Passport/ID Card N°______________ as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby:
- That the Homeowner owns the following property in perfect use conditions:
PROPERTY: Address: __________________________________________ includes all the facilities and furniture described on the web page www.ruraltenerife.net, with reference ____________ .
The house is clean, in perfect use condition, maintenance and habitability, and all facilities provided are in perfect functioning conditions.
- Both parties agreed on the short-term renting of the house before described that will be written on this agreement based on the following:
FIRST – OBJECT
The Homeowner rent for a short-term and for the duration indicated to the Guest, who accepts, the holding and furniture described on article I. This renting is a Short-term Renting for holiday, as reported on the article 3°2 of the Law 29/1994 of Urban Leasing and under no other situation the renting of the object can be regularly used.
SECOND – RENT AND DEPOSIT
2.1 The rent of the temporary stay is _______Euros, and it will be paid as follows:
- 20% of the previous amount, paid for the reservation of the house.
- 80% of the amount will be paid before arriving to the house by the Guest.
2.2 Before the arrival to the house, the Guest will make a deposit of ________Euros, according to the art. 36 of the LAU. Deposit will be given back at the end of the Agreement, once the house has been checked.
THIRD – RESERVATION AND CANCELLATION
3.1 Cancellation of the Reservation by the Homeowner: If the Homeowner is forced to cancel a reservation, the amount of the reservation will be entirely given back, and we will make every effort to source suitable accommodation alternatives.
3.2 Cancellation of the Reservation by the Guest: If the Guest cancels the reservation, the deposit will be withheld in the following way:
- 50% if made between 5 and 3 weeks before the arrival;
- 100% if made less than 3 weeks before the arrival. In case of groups if the cancellation is made within 21 days before the arrival, the deposit will be given to the house owner.
Responsibility of keeping the reservation (by the company) will stop, with the loss of the deposit, if the guest does not show before 12 hours of the day after the scheduled arrival, unless, within this deadline, the guest confirm the arrival and this will be before that the amount of the lodging of the days of stay exceeds the amount of the deposit.
In case of exceptional events (earthquakes, strikes, wars, storms), if the guest cannot have the lodging, the reservation made will be refund till a maximum of 75%.
FORTH – DURATION AND OCCUPANCY
4.1 This agreement is granted for a period of _____days, from the ________, at 12 p.m. and it will cease automatically without any notice, on the______, at 10 a.m., as the Guest must give back the keys in advance.
GUEST NO ALLOWED. OR USE THE PROPERTY FOR MORE PEOPLE THAN AGREE IN THE BOOKING CONFIRMATION.
The property and its equipment must be left clean and tidy at the end of the stay and in the same conditions they have been delivered to the guest, as reported in article I, without no changes, unless agreed by the parties.
FIFTH – RESPONSIBILITY OF THE PARTIES
5.1 The maximum number of guests in the house is limited to ______adults, __________ children and _______babies. Additional stays in the house of more people then established on the Confirmation of the Reservation will give the Homeowner the right to take the appropriate measures.
5.2 Confirmation of the Reservation: Requesting or receiving information about the availability of any of the houses does not imply the confirmation of a reservation by the Company. This confirmation will be indicated by the sending to the guest of the necessary data to make the deposit; in this moment the House will pass to the status of Pre-reservation for the following 2 work days. Once the Deposit is received, the Reservation will be permanently confirmed and this confirmation will be sent to the guest.
If no deposit has been done within the two following days after the pre-reservation, the company reserves the right to re-offer the house to other potential guests.
5.3 Guest is responsible of keeping the house in perfect conditions during the period agreed by both parties.
5.4 The Guest cannot make unpleasant, unhealthy, damaging, dangerous, illegal activities or against the Condominium Rules. Neither the guest can store flammable, explosive or corrosive material in the house, or carry out commercial or industrial activities.
5.5 The Guest is directly and exclusively responsible and exempt the property from responsibility regarding to: i) Damages made to people or things and originating from equipment for service and supplying of the house during the renting time. ii) Damages, deterioration or loss happening in the house, caused by the Guest or by other people living in the house.
5.6 The Guest cannot make works, neither changes without written permission by the Homeowner. In no case the Guest can make drills or holes on the walls. Pets are accepted only after previous agreement by the two parties. It is forbidden to take away utensils, bed linen, blanket, etc. from the house.
5.7 Homeowner will keep water, gas, and electricity supply depending on payment made.
5.8 The owner is responsible to comply with the conditions regarding the house agreed in the booking with Rural Tenerife.
5.9 Both parties will be subject are subject to the conditions regulated by Decree 113/2015, approving the Regulation of the vacation homes in the Canary Islands is approved.
The company aims ruraltenerife.net contacting customers and owners on rural rental housing or other types. Therefore the owner is responsible for any problems that may occur from acceptance and payment of the reservation until the end of the stay of the tenant.
SEVENTH – RENUNCIATION
The Guest renounces to the rights reported on the article 31 to 33 of the Urban Leasing Law, and then to the rights of renting, substitution, cession or transfer, both totally or partly, estimate, rectification, right of contestation of the transfer.
EIGHTH – CRIMINAL CLAUSE
The breach of responsibility of leaving the house in the agreed term will oblige the Guest to pay, as criminal clause, an amount of three times the daily rent, required for expired weeks till the free availability of the House by the Homeowner, apart from costs, expenses and other compensations including lawyers bills, even if the Guest’s intervention is not mandatory.
NINTH – COMPLAINTS
Any kind of complaints by the guest must be made within the first six days from the arrival date, and we will try to solve the problem.
Once the guest has left the house, no complaint will be accepted and no refund will be given.
Even if all houses has been prepared and equipped with all the necessary to have a pleasant and relaxing stay, the guest of all rural houses accepts that for the special philosophy of these houses and the conditions of the area where they are located, the guest care in unexpected events (climate problems, power cut, etc) could not be immediate.
For this reason, we want to inform the guest that these kind of houses, unlike hotels, do no have a 24h customer care, even if we will try to solve any problem as soon as possible in any unexpected event.
TENTH– APPLICABLE LAWS
The parties accept the jurisdiction and power of the court and tribunals of the place where the House is located, expressly renouncing to their own law. Spain’s law are applicable and in particular the law in force of Urban Leasing.
Both parties ratify this agreement and sign twice, in the place and date reported on the opening.
The Homeowner Signature
The Guest Signature