Conditions Rural Houses
VILLAS, COTTAGES AND
RURAL HOLIDAY HOMES IN TENERIFE
-LEGAL FRAMEWORK FOR TEMPORARY RENTAL AGREEMENTS
Information for User: The lodging you selected is rented for a short-term period, according to the article 3, Law 29/1994 of Urban Leasing – “LAU”
Short-term rental will be considered different from housing and 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 rental, as a different kind of house-rentals, is based on the will of the parties, or on the LAU and 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 is different from housing.
Deposit: when the agreement is signed, it is mandatory to give a cash deposit as a part of the total price of renting and the second part upon the arrival.
Renting agreement: written
Judicial process: As a main feature of renting different from housing, some rights according to the LAU (art. 31 and 33) must be expressed.
EXAMPLE OF AN 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 conditions:
PROPERTY: Address: __________________________________________ includes all the facilities and furniture described on the web page www.ruraltenerife.net, with reference ____________ .
The house will be clean, in perfect conditions, maintenance and habitability, and all facilities provided will be in perfect functioning conditions.
- Both parties agreed on the short-term renting of the house before described an will be written in the following agreement:
FIRST – OBJECT
The Homeowner will rent out the property for a short-term period and for the duration indicated to the Guest and accepts the holding and furniture described on article I. This renting is a Short-term Renting for a holiday, as reported in the article 3°2 of the Law 29/1994 of Urban Leasing and under no other conditions can be used for other purposes.
SECOND – RENT AND DEPOSIT
2.1 The rent of the temporary stay is _______Euros, and it will be paid as follows:
- approximately 20% or 30% of the mentioned amount, paid for the reservation of the house. (depending of the house)
- the rest of the amount (approximately 70% or 80%) will be paid upon the arrival to the house by the Guest.
2.2 At 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: The property is responsible for complying with the reservation, and with the conditions in the accommodation, agreed upon in the reservation with Rural Tenerife, from the moment it is confirmed and formalized by email, and the full refund of the amount advanced in Concept of Reservation, to block the property, in the case of canceling the reservation or with the partial or total refund of the amount paid for the stay, if they do not comply with any or all of the agreed conditions.
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 cancelled between 8 and 5 weeks before the arrival;
- 100% if cancelled less than 5 weeks before the arrival (the deposit will be given to the Homeowner)
(*) * Except in high season (Easter, July, August and December) when the deposit will not be refunded, but can be recuperated in the next reservation (under the same conditions).
Responsibility of keeping the reservation (by the company) stops, and the guest loses the deposit if they don’t show up until 12 hours after the scheduled arrival, unless they inform in advance about the delay.
In case of exceptional events (earthquakes, strikes, wars, storms) and the guest cannot have the lodging, the reservation will be refunded up to 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.
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 number of people staying in the house or using any of the houses’s appliances is not allowed.
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. The confirmation will be indicated when the guest receives all 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 by e-mail.
If no deposit has been done within the two following work days after the pre-reservation, the company reserves the right to re-offer the house to other potential guests.
5.3 The Guest is responsible for keeping the house in perfect conditions during the period agreed by both parties.
5.4 The Guest cannot do unpleasant, unhealthy, damaging, dangerous, illegal activities or activities against the Condominium Rules, or 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 for: i) Damages made to people or things by using the equipment in 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 do, neither change anything in the house without the written permission by the Homeowner. In no case can the Guest drill holes on the walls. Pets are accepted only after previous agreement by the two parties. It is forbidden to take utensils, bed linen, blanket, etc. from the house.
5.7 Homeowner will provide water, gas, and electricity supply depending on payment made.
5.8 The owner is responsible to comply with the services and the conditions of 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, of renting, substitution, cession or transfer, both totally or partly. Otherwise the reservation will be penalized.
EIGHTH – PENALTY CLAUSE
The breach of responsibility of leaving the house on the agreed terms will oblige the Guest to pay 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 their intervention was not mandatory.
NINTH – COMPLAINTS
Any kind of complaints by the guest must be made within the first six days from the arrival date, and every effort will be made to solve the problem.
Once the guest has left the house, no complaint will be accepted and no refund will be given.
All houses have been prepared and equipped with everything necessary for a pleasant and relaxing stay, but the guest needs to accept that because of the special conditions of the area where they are located, and if an unexpected event (climate problems, power cut, etc) happens they will be attended as soon as possible, but since these types of accommodations are not hotels, the service is not 24/7.
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 is applicable and in particular the law in force of Urban Leasing.
Both parties agree and sign twice, in the place and date reported an the beginning of this contract.
The Homeowner Signature
The Guest Signature