The contract signed between RENTIT and Mr./Mrs. …………………………………………………………………… (hereinafter, the Client), as parties with mutual and full legal capacity to act and bind themselves, shall be governed by the following terms and conditions, which both parties declare to know and expressly accept, assuming the responsibility that corresponds to each of them.
For the purposes of this contract, the following terms may be used, whose meaning is as stated:
• COMPANY: “Rentit Vacation Rentals” (RENTIT), managed by Mr. Bogdan Gabriel Smarandache, of legal age, resident of Motril (Granada), with an address at Avenida San Agustín, number 26, Local 4 (C.P. 18600), holder of N.I.E. number X-8048603Y.
• GUEST/CLIENT: Any person who, through the corresponding rental contract, stays in a property for tourist use managed by RENTIT. This includes both the person who makes the reservation and their companions.
• OWNER: Legitimate owner of a property managed by RENTIT, their representative, or a person legally authorized by them.
• PROPERTY: All properties managed by RENTIT, such as Villas, Chalets, Rural Estates, Apartments.
• WEBSITE: The portal or website where properties managed by RENTIT are advertised.
1. PROPERTY SUBJECT TO THE CONTRACT
The Property is registered in the Andalusian Tourism Register with the following alphanumeric code: (number mentioned in the advertisement). The Property meets all the technical and quality conditions required by the applicable state and regional regulations for properties intended for tourist use.
2. PERSON OR ENTITY OPERATING THE PROPERTY
The owner or owning entity will be the main operator of the tourist activity on the property described in the first section. Rentit (COMPANY) is the entity responsible for managing and promoting the rental of the property described in the first section, through its legal representative, Mr. Bogdan Gabriel Smarandache, residing in Motril (Granada 18600) Avenida San Agustín 26 Local 4. He will also be responsible for immediately addressing and resolving any incidents or queries related to the property. The contact phone number is: +34 858 88 28 51 and the email address is: [email protected]. It is expressly stated that Mr. Bogdan Gabriel Smarandache holds all the necessary documents, contracts, and permits for managing and promoting the rental of the property. Hereinafter, in this document, the term “Host” may be used to refer, indistinctly, to RENTIT, Bogdan Gabriel Smarandache, or a person legally authorized by him.
3. USER
The user is the person listed on the check-in form and will be responsible for all occupants of the Property. The user agrees that the Property will only be occupied by the persons listed in the reservation form. Persons not included in the reservation must have the express authorization of the property operator.
4. PRICE
The offered price is per night of stay, including water supply, electricity, heating, cooling, cleaning upon guest entry, kitchenware, and one set of bed linen and towels. Reservations equal to or longer than one week are entitled to a weekly change of bed linen and towels. Also included is pool maintenance (for properties with a pool) for stays longer than five nights. The total price of the stay must be paid prior to entry into the Property, otherwise access will not be allowed, and the reservation will be canceled with no right to refund any partial amounts paid to date. The host has the right to update prices, which will take effect on the publication date and affect reservations made after publication.
5. RESERVATION
To complete the reservation of the Property, the user must have a bank account in their name and the corresponding debit or credit card associated with that account. The user must make a payment via credit card or bank transfer from the account in their name within 48 hours of the request. The user may choose to either pay 30% of the total stay amount or pay the security deposit according to section seven of this document. It is recommended that the person interested in making the reservation sends a proof of payment to the email address indicated in section two of this document. Once the host receives the reservation payment, a receipt confirming the reservation will be issued and sent to the email or fax provided by the user.
6. CANCELLATION OF THE RESERVATION
In case of cancellation by the user, the host will refund 100% of the amount if the cancellation is communicated more than thirty days before the scheduled arrival date. If the cancellation is communicated within thirty days, the host may retain 100% of the deposit. The user’s intent to cancel a reservation must be communicated to the host via email sent to the address indicated in section two of this document. If the cancellation is made by the host, they must refund 100% of the deposit paid by the user and commit to assisting the user in finding similar accommodation in the same geographic area. Cancellations due to force majeure, duly justified, will not incur any penalty. Force majeure includes circumstances beyond the control of the invoking party, abnormal and unforeseeable circumstances whose consequences could not have been avoided. Cancellations due to mobility restrictions adopted by the competent authorities as a COVID-19 containment measure will be free of charge, and the user may choose between a refund of the amounts already paid or a voucher for the amount paid, which can be redeemed, subject to agreement with the host, within one year from the cancellation of the initial reservation. (or according to the cancellation conditions mentioned on the chosen rental platform by the guest).
7. SECURITY DEPOSIT
Prior to the actual entry into the Property, the user must provide a deposit between three hundred euros (300) and one thousand euros (1000), which will serve to cover any possible damages and defects caused during their stay. The deposit can be paid by debit or credit card, or by bank transfer from an account in the user's name, at their choice, at the time of booking. When filling out the check-in form, which is mandatory, the system will request the card details for the deposit. At the end of the stay, the Property will be inspected to verify if there are any damages. If the Property is found to be in perfect condition, the deposit will be refunded within a maximum period of 72 hours from the check-out, using the same payment method used at check-in. If damages are detected, the corresponding value will be deducted from the deposit and the remaining balance will be returned to the user within up to two weeks from the check-out date. If the damages exceed the amount of the deposit, the user must cover the difference. The host will inform the user of any detected damages as soon as possible after their departure, providing supporting documentation. The user can dispute any deduction within 14 days from the notification. This deposit is not insurance, so the user remains fully responsible for any damage they cause to the Property during their stay. They are urged to treat the Property with the same care and respect as they would their own home.
8. BANK DETAILS
All payments made by users via bank transfer must be made to the account held by Mr. Bogdan Gabriel Smarandache: ES46 2100 0735 6702 0021 7865 (CaixaBank).
9. CHECK-IN AND CHECK-OUT CONDITIONS
Check-in is at 3:00 PM. The host will welcome the guests, inform them of the house rules regarding the use of the facilities and rooms, and provide instructions for the operation of appliances or other devices that require it. A set of keys will be given to the guests. Guests will also find an information dossier in the Property with tourist recommendations for the area and general interest phone numbers. In any case, guests will be provided with a phone number to immediately address and resolve any inquiries or incidents related to the Property, which, unless otherwise specified, will be the one indicated in section two of this document. Check-out is at 11:00 AM and will be conducted after inspecting the Property by the Host or any other authorized person. The check-in and check-out times can be adjusted by mutual agreement between the parties, provided the Property’s occupancy allows it.
10. HOUSE RULES
The Property has the pertinent House Rules available to the user inside, which is supplemented by the norms contained in this clause. The House Rules are governed by the applicable imperative norms, specifically by Decree 28/2016 (B.O.J.A., Boletín number 28 of 11/02/2016), of February 2, on holiday homes, which refers to Law 13/2011, of December 23, on Tourism of Andalusia, and by Decree-law 13/2020, of May 18, establishing extraordinary and urgent measures related to hotel establishments, repealing Decree 47/2004, of February 10, on hotel establishments. The Property can be occupied according to the maximum permitted occupancy for the property in question (consult maximum occupancy) or by the persons declared in the reservation. In any case, the occupancy must not be exceeded. Any additional person must be expressly authorized by the property operator. Exceeding the set occupancy without the host’s authorization will result in the immediate termination of the existing contract between the user and the property operator without any economic compensation. Smoking inside the property is prohibited but allowed outside. Check with the host about bringing pets. Users must respect the Property's facilities, committing not to engage in illegal, annoying, harmful, unhealthy, or public order-disrupting activities, directly responsible for all damage caused by these and exempting both the property owner and the host from any responsibility. Engaging in illegal, annoying, harmful, unhealthy, or public order-disrupting activities will result in the immediate termination of the existing contract between the user and the COMPANY without the right to any economic compensation and being fully responsible for any material or economic damages caused, even if their quantification occurs after leaving the Property. Users expressly commit to complying with all norms and recommendations established by the health authorities to contain the spread of COVID-19. If the user loses the Property keys during their stay, they must cover the costs incurred for changing the locks and new key copies. When leaving the property, the user must leave it in optimal hygienic conditions, free of personal belongings, food, or garbage. Failure to comply with this requirement will result in a deduction from the deposit for extra cleaning hours due to such omission.
10.1 USER OBLIGATIONS
10.1.1) General obligations
Users of the tourist service subject to this contract have, in addition to other applicable obligations under the applicable regulations, the following obligations: a) Observe the rules of coexistence and hygiene indicated in this contract for the proper use of the Property. b) Respect the internal rules of the Property, provided they are not contrary to the law. c) Respect the agreed check-in and check-out dates, leaving the occupied unit free. d) Pay the contracted services at the indicated times in this contract, without the fact of presenting a hypothetical claim implying exemption from payment. e) Respect the Property, as well as its facilities and equipment.
10.1.2) Right of access and stay in the Property
The COMPANY commits that users’ access will not be restricted based on race, sex, religion, opinion, or any other personal or social circumstance that implies discrimination. Access and stay in the Property are conditioned upon full compliance with the internal rules, according to the applicable normative precepts. The Host may prevent the stay in the Property of users who breach any duties established by the current regulations, listed at the beginning of this clause. Specifically, the COMPANY will prevent access and/or stay of persons in the following cases: a) When the maximum permitted occupancy in the Property is exceeded. b) When the user attempting to access has not paid the price or part of it to which they are obliged according to this contract. c) When any of the users attempting to access or who have accessed show violent attitudes, especially when behaving aggressively or causing disturbances, creating danger or annoyance to other users, Urbanization residents, or Property staff. Also, when any users show disrespect to the Property Host. d) When any users do not meet minimum hygiene conditions. e) When any users carry or use weapons or objects likely to be used as such at any time during their stay, unless, according to the specific applicable regulations, they are members of the Security Forces or private escorts within private companies, and they access the property in the exercise of their functions. f) When any users consume drugs, narcotics, or psychotropic substances or show signs of having consumed them and those showing signs or behaviors of being intoxicated. It will also be grounds for expulsion when malicious damage to the facilities, scandal, noise, especially in response to complaints from other Property users or residents of the Urbanization where it is integrated, disturbing their tranquility, privacy, and/or intimacy. h) When any users commit any type of criminal act or behavior. i) When using any Property equipment or facility in an improper and/or dangerous manner, either for the users themselves or for third parties. j) When performing any physiological need in the Property pool, which is strictly prohibited.
The user is expressly warned that the Host may request assistance from the Security Forces to evict persons who breach these internal rules, or any other usual rule within normal and peaceful social coexistence, or who intend to access or stay with a purpose different from the normal use of the service. If the stay in the Property is prohibited at any time after initial access due to breach of the Property's internal rules, the user must pay a proportional amount for the days stayed.
10.1.3) Specific obligations of the users
Given the special characteristics of the Property subject to this contract, the user/users agree to observe the obligations listed in this clause.
a) Regarding the interior of the property: It is expressly stated that the Property design may have several stairs to access its different rooms. It is the obligation of the user(s) and/or those depending on them to pay maximum attention and walk cautiously inside the Property to avoid falling risks and any personal or material damages.
b) Regarding the exterior of the property: If the property has an exterior or interior pool for exclusive use by the user(s), it will meet all legal requirements, subject to rigorous control as required by its nature and applicable regulations. The user(s) must always use appropriate footwear around the pool, avoiding any unsuitable footwear. It is recommended to avoid walking barefoot in wet areas to prevent falls and personal or material damages. The user(s) agree not to engage in any dangerous activity while using the pool that could compromise their safety or that of any other Property user. Properties with pools will remain open year-round for user(s) use, including winter periods when it will be heated (only pools with a heating system; otherwise, swimming outside the season is strictly prohibited). However, if for maintenance or any other necessary reason, the pool is unavailable for user(s) use, it will be covered with a protective tarp, and swimming will be prohibited. In this case, it is the user's obligation not to uncover the tarp and to walk cautiously around the pool to avoid stepping on it and prevent falling and any personal or material damages. The Host will expressly inform the user(s) in advance if the pool is closed, and in any case, at the time of reception or “Check-in”. (It must also be mentioned that swimming with clothes or footwear is not allowed). In addition to the obligations contained in this clause, the user(s) must respect any other rule related to private pool use that may be displayed on the Property or explicitly informed by the Host. The property may have various levels concerning the ground. In this case, it is the user's obligation to walk cautiously around the exterior and to vigilantly and diligently watch over those depending on them to prevent any personal or material damages. The user(s) acknowledge all obligations mentioned in sections 10.1 a) and 10.1 b) of this contract. Nevertheless, the Host will inform the user(s) of these obligations at the time of entry or “Check-in”.
11. OBLIGATIONS OF RENTIT (THE COMPANY)
The host or authorized person must repair any malfunction occurring in the Property as soon as possible, causing the least inconvenience to the users, especially if it affects supplies. In any case, explicit user permission is required for access to the Property by the persons performing repairs. If the Host is responsible for cleaning the property (as agreed with the Owner), it will be done before entry and after the departure of new guests, and bed linen, towels, and kitchenware will be provided upon entry and exit. For stays longer than a week, a set of bed linen and towels will be provided weekly.
12. LIABILITY EXEMPTION OF THE PROPERTY OWNER AND HOST
The rental does not include any personal insurance, so neither the Property owner nor the Host is responsible for any personal or material damages the user(s) may suffer due to their responsibility. It is recommended to purchase travel insurance.
12.1 Specific conditions for certain events
1. It is prohibited to reserve the villa for digital content creation, recordings, photography, shootings, or events without prior notice and consent from the host.
2. For the celebration of the aforementioned events, the cost is 1500.00 euros per day or night with a maximum of 8 hours for content creation.
3. This service requires a deposit of 800.00 euros to be paid before entering the villa. The deposit can be paid in cash or by transfer and will be refunded within 48 hours, provided there are no damages or losses during the event.
4. Any violation of the provisions of this annex by the tenant or anyone under their control will be considered a breach of the rental contract and may lead to early termination.
Signed in _______________________________ on date____________________
Tenant's Signature Host's Signature
13. INTELLECTUAL PROPERTY RIGHTS
All content hosted on the Website, such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Rentit or its content providers and are protected by national and international intellectual property laws. The entire content of the Website is the exclusive property of Rentit and is protected by national and international intellectual property laws. All software used on the Website is the property of Rentit or its software providers and is protected by national and international intellectual property laws.
14. COMPLAINTS
In accordance with Royal Decree 28/2016 of February 2, the host has Complaints and Claims Forms available to users.
Signed in #rt_city on date #data_oggi
Tenant's Signature
#firma_ospite
Host's Signature
#nome_ospite #cognome_ospite
Note: Make sure to adapt cancellation conditions, prices, and other specifics to comply with the policies of different rental platforms and verify the applicable legislation in each case. It should also be clearly mentioned that RENTIT acts solely as a manager and manages the properties on behalf of their respective owners.
