- General –
- 1.1. Upon making a booking, you accept to enter in agreement between you as the “tenant” and the owner of the property, “homeowner”. CH Holidays acts as the “intermediary” of the homeowner.
- 1.2. These booking terms and conditions are drawn in accordance to the Valencian Community Tourist Homes Decree 19/1997, Decree 91/2009 and Decree 75/2015.
- Booking Confirmation –
- 2.1. To confirm the booking, both the tenant (who must be at least 21 years old) and CH Holidays shall sign the booking contract either electronically or in printed format. From that moment on, the rights and obligations arising from the booking contract will be effective for all parties. The tenant shall sign the booking contract within 3 working days to confirm their booking, failure to do so may result in cancellation and all payments will be automatically returned to the tenant unless permission to extend this period is previously obtained by the tenant in writing from CH Holidays.
- Booking Rates –
- 3.1. Unless otherwise stated, all rates are stated in Euros (€) per night per property.
- 3.2. All advertised rates exclude any taxes/fees/services related to the property and/or any additional services requested by the tenant for the entire duration of their stay. These costs will be displayed separately upon booking confirmation and may command separate payment terms.
- 3.3. CH Holidays reserve the right to alter any advertised rates. In the event of a rate amendment, CH Holidays shall notify and give the tenant 7 workings days to either accept these changes and pay the difference or cancel the booking. In the event the tenant fails to communicate their decision to CH Holidays, it shall be deemed that the tenant accepts the rate change and therefore shall be obliged to pay the difference. If the tenant chooses to cancel the booking, all amounts paid will be refunded to tenant within 7 working days thereafter.
- Booking Payments –
- 4.1. These are the current methods of payment accepted by CH Holidays:
Visa, MasterCard & American Express Debit/Credit Cards (transaction fee applicable of 1.5% of the total rental amount)
Alipay, Android Pay, Apple Pay & Bitcoin (transaction fee applicable of 1.5% of the total rental amount)
Bank Transfer (All transfer costs shall be borne by the tenant)
- 4.2. For bookings made 35 days or more before the commence date of the booking period the following payment conditions apply:
An initial payment of 25% of the total rental amount is due and must reach CH Holidays within 5 working days. Final payment of the remaining 75% of the total rental amount + any additional taxes/fees/services are due 28 days before the commence date of the booking period and must reach CH Holidays within 5 working days.
- 4.3. For bookings made later than 35 days before the commence date of the booking period the following payment conditions apply:
The total rental amount + any additional taxes/fees/services are immediately due and must reach CH Holidays within 5 working days
- Damage Deposit –
- 5.1. Unless otherwise stated, the damage deposit amount will be:
1-2 bed apartment = 250.00€
House or 3+ bed apartment = 300.00€
Villa = 400.00€
- 5.2. Upon arrival, the tenant must supply CH Holidays with a valid debit/credit card where an authorisation for the relevant amount will be charged and held until check out. In the event the tenant is unable to provide a valid debit/credit card, the damage deposit shall be paid in cash and will be returned on check out. In case the tenant checks out before the allocated check out times (see paragraph 6.4) then the only valid method is via debit/credit card. CH Holidays reserve the right to deny entrance to the property if the tenant is unable to provide full payment of the damage deposit.
- 5.3. Upon departure CH Holidays will verify that the property and inventory are in the same state as delivered upon the tenant’s arrival.
- Check in/Out –
- 6.1. Unless agreed otherwise, the check in will take place at the property, the property address will be provided upon final payment. The tenant must show proof of booking and identity in order to access the property. The tenant must also provide a valid telephone contact number and passports/identity cards for each member of their party. As a legal requirement, CH Holidays will take a copy of each passport/identity card from every member of their party.
- 6.2. The property will be available to check in Monday - Saturday from 16:00 – 20:00. For check ins from 20:00 – 24:00 a surcharge is applicable of 25.00€, and 35.00€ from 24:00 – 02:00. Check ins later than 02:00 are not admitted. Early check ins are permitted but are subject to availability and must be requested with no later than 3 days before check in and confirmed by CH Holidays. Earliest check in time is from 09:00 free of charge.
- 6.3. Sunday’s and national holiday dates have a check in surcharge of 25.00€ from 16:00 – 20:00, 35.00€ from 20:00 – 24:00 and 50.00€ from 24:00 – 02:00. Check ins later than 02:00 are not admitted. Early check ins are permitted but are subject to availability and must be requested with no later than 3 days before check in and confirmed by CH Holidays. Earliest check in time is from 09:00 with a 25.00€ surcharge applicable.
- 6.4. Standard check out time will be no later than 10:00. Late check outs, subject to availability, are permitted until 12:00 free of charge or until 16:00 with a surcharge of 50% of the daily rate, and must be requested with no later than 3 days before check out and confirmed by CH Holidays.
- Cleaning, Linen & Towels –
- 7.1. Fees for the departure clean, mid stay cleans (if applicable), linen and towel fee (per guest) will be specified upon booking confirmation, all obligatory.
- 7.2. The property will be pre cleaned before check in and a minimum of 2 sets of linen and towels will be provided for each guest. In case the booking period is longer than 21 days, the tenant is required to pay for an obligatory clean which will take place every 21 days until check out. Any cleaning required by the tenant must be previously agreed with CH Holidays, additional charges will apply.
- 7.3. All cleaning is to be exclusively undertaken by CH Holidays. If the tenant wishes to do laundry, washing machine and drying facilities are provided in every property.
- Occupancy –
- 8.1. The maximum amount of guests permitted, stated in the property’s information, may not exceed the stated amount unless authorized by CH Holidays.
- 8.2. The identity of each guest may not vary that of the details provided upon check in by the tenant unless authorized by CH Holidays.
- 8.3. Visitors are permitted during the tenant’s stay however in the event the tenant wishes to hold any functions, events or celebrations this must be authorized by CH Holidays. In addition, visitors pernoctation is strictly forbidden.
- Standard of Conduct –
- 9.1. Unless agreed otherwise, pets are not permitted. Smoking is only permitted on terraces, balconies and outdoor areas of the property and in the permitted communal areas. In addition to local laws, all communal rules much be respected. Any disturbances, loud music, anti-social behaviour and parties are strictly forbidden.
- Property Condition –
- 10.1. Should the condition of the property not be of the acceptance to the tenant at check in due to insufficient cleaning, damage or defects to the property, the tenant is obliged to immediately report them to CH Holidays so that they can be rectified as soon as possible. Failure to do so will result in the assumption that the property is free of any damage and defects.
- 10.2. Should any damages or defects occur during the tenant’s stay, regardless of negligence, the tenant is obliged to immediately reported them to CH Holidays in order to be rectified as soon as possible. Failure to do so may result in the damage being attributed to the tenant.
- 10.3. The tenant has the duty to carefully look after and the return the property in same state as received, to maintain the property’s cleanliness and to ensure to turn off the lights, A/C, TV, etc. every time they leave the property, ensuring it’s properly secured with all doors, windows shut and locked, and any security systems switched on.
- Construction Work/Noise –
- 11.1. If the tenant unexpectedly experiences noise from construction sites, traffic, neighbours etc. neither the homeowner nor CH Holidays shall be held liable. In the event that noise levels break the local law then shall be the responsibility of the tenant to communicate so to the local authorities.
- Tenant Liabilities –
- 12.1. The tenant assumes all obligations and liabilities for all members of their party related to this booking contract.
- 12.2. In relation to paragraph 5.3, the tenant shall be liable for any damages caused by any members of the tenant’s party, visitors and (if previously agreed) pets to the property and/or its inventory/furniture/appliances or facilities if wilful or negligent conduct is observed. Should this occur, CH Holidays will evaluate the time and cost of repairs or replacements, and reserve the right to deduct the costs from the damage deposit stated in paragraph 5.1. In the event the cost exceeds the amount held, the tenant is liable to immediately pay the difference. If the damages impede the commencement of any future bookings, the tenant shall be liable for any relocation costs associated to the new tenants. In all cases, the tenant will be provided with a detailed receipt of expenses within 14 working days once of all repairs have been completed.
- 12.3. With reference to paragraph 6.2 and 6.3, in the event of a delayed check in, the tenant is obliged to contact and inform CH Holidays of their modified check in time expectancy. CH Holidays shall not be held responsible in case the modified check in time is not compatible CH Holidays’s schedule. In this case both parties shall set a new check in time suitable for both parties.
- 12.4. In relation to paragraph 10.3 the tenant shall be liable for any additional cleaning required which exceed the standards of the departure clean imposed by CH Holidays. To avoid additional cleaning costs, the tenant is expected to ensure that the general level of cleanliness is of the same level as received upon check in, that all dishware, cutlery and kitchenware are cleaned or at least placed in the dishwasher (if provided) and that all rubbish shall be disposed of correctly, away from the premises.
- 12.5. The tenant shall be liable for replacement and installation costs of any keys/cards/electronic devices related to the access of the property and communal areas. Whether a locksmith and/or the presence of a member of CH Holidays is required in order to gain access to the property, CH Holidays reserve the right to order a lock change to the property to ensure the security of premises and the tenant. All costs shall be borne to the tenant.
- 12.6. All call out’s requested by the tenant which are considered non-essential i.e. equipment functionality, tourist information or general visits shall incur a fee of 15.00€ per hour from hours between 09:00 – 20:00 Monday – Saturday and 30.00€ all other times.
- CH Holidays/Homeowner Liabilities –
- 13.1. CH Holidays and the homeowner are exempt from any liability for loss, damage of property, accidents and injuries to all members of the tenant’s party and visitors during their stay.
- 13.2. CH Holidays and the homeowner will not be liable for any acts of force majeure or events in which they were unable to foresee or prevent.
- 13.3. CH Holidays and the homeowner will not be liable for the tenant’s use of swimming pools, children’s play areas, sport facilities of all kinds, the use of which are entirely at the tenant’s own risk.
- 13.4. CH Holidays and the homeowner will not be liable for any damages and losses resulting from theft or burglary on or off the premises to the tenant or the tenant’s property.
- 13.5. CH Holidays endeavour to ensure all information published on http://www.chholidays.com is accurate, however as changes and errors occur, CH Holidays reserve the right to correct details in such circumstances. In the event of a booking taking place before the rectification occurs, CH Holidays will not be held liable in case the tenant decides to cancel their booking.
- 13.6. CH Holidays shall not be liable for errors contained in listings of their properties on any third party websites.
- 13.7. Neither CH Holidays nor the homeowner shall be liable for any indirect damage (consequential damage) or any damage of a non-financial character (non-pecuniary loss).
- 13.8. With reference to paragraph 12.3 CH Holidays and the homeowner shall not be liable for any costs i.e. accommodation costs, fuel, meals etc., due to the tenant’s failure to agree an acceptable check in time with CH Holidays.
- 13.9. With reference paragraph 15.4, the homeowner shall only be liable to pay the rental costs of an alternative property with similar aspects and quality to property booked, with maximum coverage of 25% of the rental price if the booking price of the new property is higher than the original booked property. In the event the tenant wishes to stay in the property until the problem has been rectified, the tenant will be entitled to a refund for the affected days. CH Holidays shall not be held liable in they are unable to find a suitable alternative property for the tenant.
- 13.10. With reference to paragraph 15.2, CH Holidays shall not be liable for any claims of compensation.
- Booking Amendments –
- 14.1. Any amendments to the booking contract shall only be valid in writing and must be accepted by both CH Holidays and the tenant.
- 14.2. Subject to availability and acceptance, if the tenant requests to change the dates of the booking with more than 35 days or more before the commence date of the booking period, this change shall bear no additional fees other than the change of booking price and taxes/fees/services related to the property or requested services by the tenant, however if such request is less than 35 days before the commence date of the booking period, CH Holidays reserve the right to charge an administration fee of 20.00€
- 14.3. If the tenant wishes to reduce their booking period and the request is made less than 35 days before the commence date of the booking period, CH Holidays reserve the right to uphold the previously agreed booking price and taxes/fees/services related to the property or requested services by the tenant however If either the tenant wishes to increase their stay or the request to reduce their booking period is received by CH Holidays with more than 35 days before the commence date of the booking period, no other administration fees will be charged other than what is stipulated in paragraph 14.2.
- 14.4. In relation to paragraph 8.1, CH Holidays reserve the right to charge any additional fee’s related t obligatory services required in order to accommodate the increase of property’s occupancy.
- 14.5. In relation to paragraph 9.1, CH Holidays reserve the right to increase the damage deposit amount held in the event the tenant wishes to bring a pet to the property.
- Booking Cancellations –
- 15.1. If the tenant decides to cancel the booking contract on his/her own accord, CH Holidays reserve the right to retain the following amounts:
30 days or more before commence date of booking contract – 10 % of the booking price
7 – 29 days before commence date of booking contract – 50 % of the booking price
0 – 6 days before commence date of booking contract – 100 % of the booking price
- 15.2. If in the event the booking contract cannot be fulfilled before the commence date of the booking contract due to reasons beyond CH Holidays’s control i.e. property sold, court orders, breach of contract between homeowner and CH Holidays, unplanned repairs, flooding, loss of utilities etc., CH Holidays reserve the right to cancel the contract, the tenant will immediately receive a full refund and CH Holidays will endeavour to help find the tenant a property of similar nature.
- 15.3. If the tenant vacates the property before check out due to acts of force majeure or events of significant degree which are unable to be foreseen or prevented, the tenant shall receive a full refund of the paid amount, minus the rate corresponding to the days the property was used.
- 15.4. If the tenant intends to vacate the property due to circumstances that impede the continuance of the property’s correct usage i.e. loss of utilities etc. they first agree to allow CH Holidays the opportunity to rectify the situation within a maximum timeframe of 2 working days, failure to respect this timeframe, the tenants waives their right to a refund from the days the property was unable to be used until check out. Once this timeframe has ended, the tenant has the right to leave the property and seek independently seek an alternative property until all problems have been rectified. CH Holidays commits to help find a suitable alternative property on behalf of the tenant.
- 15.5. CH Holidays reserve the right to cancel the booking contract if the tenant intends to and is found guilty of subletting the property to a third party, the tenant will automatically waive any rights to a refund.
- 15.6. CH Holidays reserve the right to cancel the booking contract if the tenant fails to fulfil the terms stipulated in paragraph 4, 5, 8, 9, in all cases the tenant automatically waives the right to any refunds.
- Complaints –
- 16.1. CH Holidays agrees to resolve any complaints as quickly as possible during the tenant’s stay however in the event that the tenant wishes to submit a complaint after check out, all evidence (including photographs, were applicable) shall be submitted in writing to CH Holidays within two weeks after the check out date. Any complaints submitted outside this timeframe and stipulations, the tenant automatically forfeits all rights to compensation.
- Law and Jurisdiction –
- 17.1. This booking contract shall be governed by Spanish Law. All parties involved submit to the exclusive jurisdiction of Spanish courts.
- Data Protection –
In accordance with what is stipulated in Article 5 of Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), CH Holidays would like to inform you regarding the processing and protection of personal data of those people who voluntarily communicate to CH Holidays by email, electronic forms or fill in forms will be collected in a database under the responsibility of CH Holidays, ensuring the confidentiality of the information provided and that under no circumstances this information will be shared with third parties or unrelated companies, unless authorized by the user or required because of the nature of the service requested by the user. In any case, users can exercise their right of access, rectification, cancellation and opposition by sending an email to firstname.lastname@example.org.