GENERAL CONDITIONS:
Introduction: These terms and conditions apply as between you, the user of this website (including any subdomains, unless expressly excluded by their own terms and conditions), and Almarina, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur when you first use the Website. If you do not agree to these terms and conditions, you must stop using the Website immediately. In these terms and conditions, User or Users means any third party accessing the Website who is not (i) employed by Almarina and acting in the course of their employment or (ii) engaged as a consultant or providing services to Almarina and accessing the Website in connection with the provision of such services. You must be at least 18 years of age to use this Web Site. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual Property and Acceptable Use: All Content included on the Website, unless uploaded by Users, is the property of ALMARINA, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored on a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website, you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing contained on this website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark appearing on the site without the prior written permission of the owner. You may, for your personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen.
You may not reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of ALMARINA.
Prohibited Use: You may not use the Website for any of the following purposes: in any manner that causes or is likely to cause damage to the Website or interferes with any other person’s use or enjoyment of the Website; in any manner that is harmful, unlawful, abusive, harassing, threatening or otherwise objectionable or in violation of any applicable law, regulation or governmental order; or to make, transmit or store electronic copies of the content of this website. All content copyrighted without the permission of the owner. Links to other websites: This website may contain links to other sites. Unless expressly stated, these sites are not under the control of ALMARINA or our affiliates. We assume no responsibility for the content of such websites and disclaim all liability for any form of loss or damage arising from your use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those who control them.
Website availability and disclaimers: Any online facilities, tools, services or information that ALMARINA makes available through the Website (the Service) are provided on an “as is” and “as available” basis. We do not warrant that the Service will be free from defects and/or failures. To the maximum extent permitted by law, we make no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. ALMARINA is under no obligation to update the information on the Website. Although ALMARINA makes reasonable efforts to ensure that the Website is secure and free from errors, viruses and other malicious software, we make no warranties in this regard and all Users are responsible for their own security, that of their personal data and that of their computers. ALMARINA shall not be liable for any interruption or unavailability of the Website. ALMARINA reserves the right to modify, suspend or discontinue any part (or all) of the Website, including but not limited to the products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless expressly stated otherwise.
Limitation of liability: Nothing in these terms and conditions shall: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liability in any way that is not permitted by applicable law. We shall not be liable to you in respect of losses arising from events beyond our reasonable control. To the maximum extent permitted by law, ALMARINA accepts no liability for any commercial loss, such as loss of profits, revenue, income, earnings, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
General terms and conditions of contract for rental stays: 1.
- Object of the contract: The reservation and contract is made exclusively for tourist purposes, not for business purposes, holding events, carrying out advertising activities or otherwise. This document establishes the general conditions governing the services provided by Almarina to its guests in the managed villas. The general conditions for booking villas, which are detailed below, form an integral part of the contract between the guest, hereinafter referred to as the guest, you, your or yours. The contracting of one of our villas implies the acceptance of the general conditions set out in this document and the specific conditions specified in the contract sent to the guest.
- Means of contracting: The rental reservation can be made by telephone, by e-mail or through the website: www.almarina.es. However, the reservation will only be understood as formalised when Almarina Villas has received the 1st payment of the reservation from the guest.
- Prices: The prices published for daily or weekly rentals are variable depending on the chosen week. These prices are clearly specified in each villa’s file on our website: www.almarina.es. The prices for stays contracted per day/week include the cost of energy, excluding the supplement required for the use of jacuzzis or the heating of swimming pools. The published prices for long stays, applicable for bookings of at least two months (60 days) are always per month and with check-in and check-out on any day of the week. In the case of long stays, energy costs are not included in the price and must be paid separately by the guest according to the actual consumption, according to the official meters of each property in our catalogue of exclusive villas. In any type of booking, the prices include the provision of the fully equipped accommodation, all tax charges inherent to the house (VAT, local, community or tourist taxes where applicable), and the costs of cleaning, management and maintenance. The prices do not include cancellation insurance, which is considered optional. Potential extra expenses for requesting additional elements not included in the villa, such as extra beds, fans, cots, high chairs, as well as surcharges for housing pets in the villas, weekly change of sheets, etc., are not included in the price, unless specifically indicated in the description of the villa contracted on the Almarina website. The contracting of any of the aforementioned extras will necessarily be indicated in the reservation contract, which will specify their characteristics, contracted units as well as the price per unit and the total price of the contracted extras.
- Method of payment: Payments may be made by bank transfer or bank card (credit or debit, except American Express). The following methods of payment are not accepted: bank cheques, holiday cheques or cash payments.
- Payment terms: There are different payment terms available to the guest: A. 50%-50% payment: 50% is paid for the formalisation of the reservation and the final 50% at least 14 days before arrival. B. Full payment: The full amount is payable at the time of booking. This payment carries a 2% discount on the subtotal of the booking (not including final cleaning and extras) provided that the booking is made at least 90 days prior to arrival and that it is not a long term rental. The payment period in force will be the one indicated in the contract and under no circumstances will it be possible to hand over the keys without having received 100% of the booking amount. For last minute bookings (< 2 weeks prior to arrival date) only the full payment method without discount applies and the full amount must have been received prior to arrival.
- Cancellation of the booking due to non-compliance with payment conditions: In the event that the guest fails to comply with any of the above-mentioned deadlines by more than 3 working days, the booking will be automatically cancelled. Almarina Villas undertakes to send warnings of non-payment and notifications of imminent cancellation by e-mail to the guest, in order to avoid non-payments due to forgetfulness.
- Reduction of stay: If the guest decides to shorten his/her stay for any reason, he/she will not be entitled to any kind of refund as the stay has been booked for him/her in its entirety and is subject to the number of nights indicated in the contract.
- Non-appearance of the guest: After 48 hours from the start date of the booked stay without the guest arriving at our offices or indicating a specific day of arrival for the booked stay, we will consider the booking as cancelled and no discount or refund will be given on the total price of the booking.
- Cancellation conditions: The penalties for cancellation depend on the means of contracting, the rate chosen, and the time remaining before the start of the stay. Those who have made their reservation through an agency or tour operator must adhere to the cancellation conditions indicated by said intermediary, while the cancellation policy for reservations made directly with Almarina will be as follows: In case of cancellation up to 60 days prior to arrival, regardless of the reason, the reservation holder may choose between a refund of the amount paid minus the cancellation fees (5% of the total amount of the reservation) or a voucher for 100% paid. In addition, you can get a full refund of the amount paid as long as the reason for your cancellation is covered by our cancellation policy due to specific official restrictions.
- Cancellation policy due to official COVID restrictions: Almarina will refund the full amount paid if the contracted stay cannot take place for any of the following reasons: Quarantine of at least 7 days to enter Spain, Border closure (border of departure from the country of origin or entry into Spain), Perimeter closure preventing entry into the Valencian Community, Sectoral closure (prohibition to rent holiday homes in Spain), Cancellation window due to specific official restrictions: Between 14 and 7 days prior to the date of entry or the day prior to entry if the reason for cancellation occurs during the last 7 days prior to entry.
- Guarantee deposit: When contracting stays for days or weeks, a deposit is established as a guarantee deposit for the proper use, conservation of the furniture, equipment and conditions of use and departure. This amount will be deducted from the guest’s credit card on the day of arrival, although it will not be debited from the guest’s account unless there is a dispute. The security deposit will be released one week after the end of the stay, provided that it has been verified that no damage has been caused to the accommodation. On the other hand, for long-term stays (at least 2 months), a security deposit equivalent to two months’ rent is required. This amount will be paid by the guest by credit card on the day of arrival and will be returned at the end of the stay in the accommodation, minus any outstanding energy bills. The security deposit will be retained until such bills are in our possession. Failure to comply with the conditions of departure and conditions of use will result in the forfeiture of the security deposit. The specific characteristics of the villa may imply specific conditions regarding the deposit, which will be specified in the particular conditions of the accommodation.
- Entrance to the villa: Entrance to the villa will take place at the time established in the contract. In order to enter the villa, the guest must have already paid the full amount of the reservation, including the extras contracted, in order to be able to check-in (address, dates and times indicated in the reservation contract), and the entrance to the villa is only permitted when authorised by Almarina staff. The guest is not allowed to enter the villa until he/she has been authorised. In the event that the guest arrives after the time indicated in the contract, he/she must contact Almarina to coordinate the handover of the keys. In these cases, a supplement of 50 € will be applied to the price of the reservation as compensation for the additional costs of a member of our team travelling to make the check-in outside their normal working hours.
- Departure from the villa: Departures will be made before 11:00 AM leaving the keys on the dining table of the villa. In the event that the guest has not left the villa by the indicated time limit, Almarina may charge an extra cost of up to 1 day’s stay as this circumstance would cause significant damage to our cleaning and quality control processes on the corresponding day. Late check out can only be authorised by our team via email and must be requested at least 48 hours in advance. The villa must be left in the same condition in which it was found, tidy and free of accumulated rubbish. Otherwise, the guest will be charged a supplement indicated in the particular conditions of the contract or, in case of serious damage, the corresponding amount will be deducted from the security deposit. The final cleaning of the villa does not include crockery, cutlery and kitchen utensils, the cleaning of which is the responsibility of the guest, as well as the transfer of accumulated rubbish to the nearest containers. If the guest leaves the property without cleaning crockery, cutlery, kitchen utensils or leaving rubbish on the property or in the immediate vicinity without depositing it in the nearest bin, a charge of 50 € will be applied, which will be added to the price of the reservation and will be charged on the guarantee deposit of the reservation. In the event that, after checking the property, any damage or fault is found in the contents of the property, a charge will be made to the guest’s security deposit for the value of the damage caused, up to the limit of the amount established as a deposit. Once the appropriate amount has been debited on the basis of the damage caused by non-compliance with the obligations of the contract, Almarina will contact the guest to inform them of the reason for the additional charge made. In the event that the damage caused by the guest to the property is greater than the deposit, this circumstance will be communicated by email or telephone to the guest and if an understanding is not reached in this respect, the corresponding legal action will be taken.
- Liability of the signing guest: The Hirer who books accommodation for other occupants (in addition to himself/herself) shall be liable for the full rental price and for any damage caused by his/her conduct and the conduct of all others occupying the rented accommodation. However, the legal liability applies to all guests of the villa, who can be held liable for the total amount of the group’s damage, irrespective of the person who caused it.
- Maximum number of guests: The booking is valid for the maximum number of persons indicated on the booking form and in the contract. It is not permitted to occupy the accommodation with more persons than indicated and occupancy with a higher number of persons may result in the termination of the rental contract and forfeiture of the deposit. If the guest intends to accommodate more persons than permitted in the rented accommodation, he/she must make a written request to Almarina prior to the start of the rental period. Almarina may refuse to do so or, exceptionally, allow it on payment of an additional charge. The Tenant undertakes to occupy the accommodation in accordance with the maximum number of persons specified in the reservation unless otherwise agreed in writing. This obligation applies to each of the days and nights of the stay contracted by the guest in the villa.
- Celebrations or parties: The celebration of parties or events exceeding the maximum number of guests authorised in the villa is absolutely forbidden. Failure to comply with this clause will result in the total cancellation of the reservation without the right to a refund of the amount paid for the same. The holding of celebrations and parties in the contracted villa is only permitted if the number of attendees is equal to or less than the maximum number of guests allowed in the villa and always respecting the timetables and regulations in force in this respect in each locality. The contracting of villas by companies for the organisation and development of celebrations or parties for third parties is prohibited regardless of the number of people attending. In the event that the guest wishes to hold a celebration or party, we recommend that he/she indicates this prior to making the reservation to see if there is a villa which, due to the number of people attending and conditions, could be suitable for the celebration. In any case, this would only be possible if the guest obtains written authorisation from Almarina and upon payment of the corresponding extra cost and deposit.
- No smoking inside the property: Smoking is only permitted in the outdoor areas of the villas.
- Pets: Pets are only allowed in villas authorised by the owner in accordance with the contract. Therefore, if you wish to accommodate an animal of any kind in one of our villas, you must inform our team in writing so that this is expressly stated in the contract of your reservation, specifying the characteristics and size indicated by the guest. In the event that Almarina or its suppliers find that the guest has introduced one or more unauthorised animals during the stay, Almarina is authorised to proceed with the automatic cancellation of the stay, and the guest must leave the villa within a maximum of 8 hours, as the owners of the villa only authorise the entry of animals into their villa when this is specifically stated in the villa contract and/or in the contract. In the event of this situation occurring in a villa that allows the stay of animals, Almarina will not request the abandonment of the stay, although it will charge the guest, as a penalty for non-compliance, three times the cost established in the official rates for the entry of animals into the villa. The stay of animals that objectively and clearly do not correspond to the characteristics indicated by the guest will also be cause for cancellation of the stay or the application, if applicable, of the additional costs indicated above.
- Access to the property: During the stay, the villa is for the exclusive use of the guests. However, guests must necessarily allow access to the agency or authorised personnel during their stay in order to check the obligations indicated in this document, to clean the pool and garden, as well as to proceed with the repair or action derived from any incident occurring in the property during their stay. In any case, the staff of Almarina Villas will knock at the door of the villa at least twice before entering the villa and will only use the key of the villa when there is no answer from the guest.
- Energy: The cost of energy consumption is included in the rental of our villas, and the rate is established on the basis of a maximum daily consumption of 12kWh/person. In the event that energy consumption exceeds this maximum, the excess will be deducted from the guest’s deposit. We recommend all guests to make a responsible and reasonable use of heating, air conditioning and energy in general, in order to avoid additional costs during their stay. It is forbidden to leave lights and especially air-conditioning units on when the occupants are not in the villa.
- Cleaning costs: The cleaning costs at the end of the stay are included in the price of the reservation. Any additional cleaning requested by the client during the stay will generate an extra supplement on the amount of the reservation, which must be paid before the realization of the same.
- Keys: The guest will be provided with 2 complete copies of the keys to the flat. Additional sets of keys will not be provided unless so indicated in the particular conditions of the dwelling. In the event that the guest does not return or loses the keys provided, an additional cost of 100 € will be applied to the booking for the damages caused to the company and potentially to the next guest, which will be debited from the guest’s bank card.
- Errors of information: Except for transcription error, the information relating to the description of the accommodation, are established in good faith on the basis of visits to the villa and the indications of the owner of the villa. Almarina is responsible for ensuring that the description of the villa corresponds to the general characteristics of the same, although the guest accepts that there may be occasional changes in the contents of the same as a result of regular use, such as electrical appliances, outdoor furniture or decorative elements that are renewed periodically. Almarina is not responsible for possible modifications that affect the accommodation or its surroundings that are not directly controllable. In particular, the guest assumes that he/she will not be able to claim any penalty for the existence of any of the following anomalies as long as they could not have been prevented or foreseen by Almarina. Almarina shall not be liable for potential errors in the description of the tour operator or external agencies. The guest, once they have contracted with a tour operator or agency, must necessarily check the exact description of the property on the Almarina website, which is ultimately responsible for their stay.
- Building works: The accommodations are usually privately owned properties of various individual owners and are generally located in large residential areas, so it may happen that unexpected building works take place in the vicinity. These works are usually carried out by property owners, building contractors or governmental organisations with whom we have no connection and Almarina has no influence on such works. Therefore, the guest assumes when booking his/her villa that neither Almarina Villas nor the owner of the villa has any responsibility for any nuisance caused by works that are not carried out on behalf of the accommodation provider.
- Satellite / Cable TV: If satellite or cable TV is indicated in the description, this does not automatically mean that you will be able to receive all the programmes you want. The property owners, mostly foreigners, have decoders which do not always pick up all international channels but only a selection of them.
- Water, electricity and Internet: Occasional water, electricity and Internet cuts are not uncommon on the Costa Blanca because of the large number of additional inhabitants in the summer period. The municipal and/or regional authorities may, for various reasons, decide to temporarily cut off the supply or limit the distribution for specific works or exceptional situations. Under no circumstances can Almarina or the owner of the villa be held responsible for any inconvenience or damage caused by such limitations.
- Accidents and theft: Neither Almarina nor the owner of the accommodation shall be liable for any damage or harm (injury, illness, death, property damage or theft) suffered by the guest or their companions during their stay. The guest, by making the reservation, agrees to assume responsibility for his/her personal safety and that of his/her belongings and exempts Almarina Villas and the owner of the villa from any responsibility for the same. In order to minimise potential risks, special caution is requested in the use of the kitchen and swimming pool as these are areas of the property with additional risks to the guest, as well as ensuring that all doors and windows of the property are properly closed. These instructions are especially recommended in the event that the guests include children and/or elderly people.
- Incidents: Almarina carries out an inspection of each villa prior to the guest’s arrival. However, it is important that the guest assumes and understands that the existence of incidents is inherent to the use of the property and that, on some occasions, the occurrence of the same is impossible to foresee (example: problems with septic tank, problems with boilers, broken taps, electrical faults, etc.) and, on others, they may be beyond our control (example: general power cuts, works in the neighbourhood, noise from neighbours or animals, existence of insects, etc.). The Almarina team will, in any case, do everything in its power to resolve or minimise the impact of any incident during your stay. However, the guest assumes, by contracting the stay, that Almarina Villas will only be responsible for incidents over which it has control and real capacity to resolve during the guest’s stay and that certain incidents, especially in high season, require a longer resolution time than the guest might wish due to the fact that they require the assistance of specialised suppliers whose response time is not guaranteed. We kindly ask our guests to cooperate as much as possible in the detection and precision in the reporting of incidents, as well as to report them politely and constructively to our team, as we have the maximum will to solve them but we need your full cooperation and respect to do so. Incidents must be reported by telephone (+34 626.25.03.83) or by writing to our e-mail address: maintenance@almarina.es. If the incident is not satisfactorily resolved within 48 hours of the telephone report, the guest may submit their complaint in writing to our email quality@almarina.es.
- Validity and place of jurisdiction: The contractual relationship is subject to the Courts of Valencia for any divergence or claim that may arise between the parties in relation to the stay in our villas.
- Data protection: In accordance with Organic Law 7/2021, of 26 May, on the protection of personal data, you are hereby informed that your data will be incorporated into an automated guest file by this company, for the purposes of your commercial relationship and subsequent information, as well as that you have the relevant information for the exercise of your rights of: access, rectification and cancellation.