Interpretation of the Contract with NEVERLAND PROPERTIES, S.L.
– Business Day
means 10 am to 5 pm on any day (not being a Saturday, Sunday or public holiday) when clearing banks in Spain are open for transactions.
means NEVERLAND PROPERTIES, S.L., a company registered at Spanish Companies House with C.I.F: B-57890261, and Touristic Licence nº 20151996 registered at CONSELL DE EIVISSA, acting as an independent agent for both Customers and Owners, and we and us shall be construed accordingly.
means the contract between us and you for the property requested.
means the person, firm or company who becomes a customer of the Company through booking a Property, and you shall be construed accordingly.
means the owner(s) of the Property (the Company is not the owner).
– Party Leader
means the person who makes the booking.
means a villa, house or apartment or other accommodation a Customer agrees to book through the Company.
– Rent Commencement Date
means the date the Rental Period commences.
– Rental Period
means the total number of days a Customer agrees to book a Property for through the Company.
– Rental Price
means the price paid by the Customer for renting a Property for the Rental Period.
means value added tax chargeable under Spanish or US law for the time being and any similar additional tax.
Booking your Holiday
1- You must be over 18 years old for any transaction referring a Spanish product or service, 21 years old for any transaction referring a US product or service and to make a booking with us. We reserve the right to refuse bookings at our sole discretion.
2- The Party Leader guarantees that it has the authority to accept and does accept these terms and conditions on behalf of each member of the booking party. Each member of the booking party has joint and several liability in respect of the Contract.
3- Once you confirm the Property and dates you wish to book and the booking price in writing, we will make final availability enquiries with the Owner. We will then confirm the booking once the payments are done to the Owner.
6- Property availability, conditions and prices are subject to change prior to us confirming your booking.
7- We must be notified of any special requests in writing at the time of making the booking. All special requests are subject to availability and will not be part of our contractual obligations unless specified in the invoice.
Paying for your Holiday
8- You must pay 100% of the Rental Price & Security Deposit. Once this is paid you will be bound by these terms and conditions and the Property will be reserved for you.
9- We refund the security deposit within 30 days of the end of the Rental Period, subject to any deductions. We reserve the right to deduct charges from this deposit for the use of the telephone. We also reserve the right to retain the full security deposit until the Owner confirms there is no damage to the Property. Should the security deposit prove inadequate to fully cover any costs that may arise, we reserve the right to invoice you for the balance within 30 days of the end of the Rental Period, or at such other time to allow the total cost to be determined.
10- We accept the following methods of payment
- bank transfer
11- If you fail to pay the amounts specified in these conditions by the due date as per the above conditions, we reserve the right to treat your booking as cancelled by you and you will be liable for the cancellation charges set out in the following.
Amending your Booking
12- If, after your booking is confirmed, you wish to amend your booking (i.e. the chosen date of departure or the Rental Period), we will try to accommodate these changes, but it may not always be possible. Any extension of the Rental Period may require you to transfer to a different property (Second Property) for the extended part of the Rental Period. If you are unwilling to transfer to a Second Property for this extended part, you may make another booking for another property (Replacement Property) for the total revised Rental Period (further references to a Property shall include any such Replacement Property), however, cancellation conditions shall apply to any cancellation of your booking for the original Property.
13- Any request for changes to your booking must be made to us in writing from the Party Leader and will only be incorporated into the Contract if confirmed by us in writing.
14- If you vacate the Property before the end of the Rental Period you must let us know. We will not provide a refund for the remaining duration of the Rental Period and in such circumstances we reserve the right to allocate the Property to another booking.
Cancellation of the Booking by you
15- You are deemed to have cancelled your booking if:
- – Condition 12 applies
- – the Party Leader provides written confirmation of cancellation (such cancellation to be effective when the written confirmation is received by us)
- – Conditions 41 to 47 applies.
16- Where condition 12 applies, we will use our reasonable endeavours to allocate the Property to another booking with the same Rent Commencement Date and for the same Rental Period. However, we may only be able to allocate the Property to another booking for part of the Rental Period. The relevant cancellation fee shown in condition 17 is then payable by you. If we are unable to allocate the Property to another booking, you will be liable for the total Rental Price.
17- Cancellation Fees are based on the total Rental Price, are calculated from the Rent Commencement Date and are as follows:
- – more than 30 days prior – 50%
- – less than 30 days (inclusive) prior – 100%
- – if the Cancellation Fee has not been settled in full (cleared funds) by the Rent Commencement Date we reserve the right to charge interest at 3% above the base rate of the rental, accruing daily and being compounded monthly until such debts have been settled in full.
Above cancellation fees are the NEVERLAND PROPERTIES, S.L. standards. These cancellation fees are always subject to the particular conditions of each property, specified by its Owner if they were other than those mentioned. Those particular conditions will be duly specified in the final contract with the Client.
18- We reserve the right to reduce the Cancellation Fee at our sole discretion.
Cancellation of the Booking by us
19- In the unlikely event we need to cancel your booking (for reasons beyond our reasonable control) we will advise you as soon as is reasonably practicable.
20- If we do have to change your booking we will try and find you a suitable comparable property (in terms of location, Rental Price and size) within our portfolio with the same Rent Commencement Date and Rental Period. If we cannot, you have the following options:
- – Agree to your booking being transferred to another property with a different Rent Commencement Date, subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid by you in accordance with condition 8) will be refunded. If the alternative is more expensive than that originally booked you will have to pay the difference within 7 days of confirmation and in any event prior to the Rent Commencement Date.
- – Cancel your booking completely and accept a full refund of all monies paid by you up to the date of cancellation, less any administration charges if any.
21- We aim to ensure that information provided by Owners is accurately advertised by us. However, small differences between the actual Property and its description may occur. We shall not be held liable for any differences of opinion as to the condition or quality of the Property.
22- Occasionally, due to problems outside our control, some services or facilities may become unavailable at the Property. If this is the case, we will notify you as soon as is reasonably practicable after we have been informed. Such notification shall not constitute a cancellation in accordance with conditions 19 and 20.
Occupation of the Property
23- It is your responsibility to inform us of your arrival details. We are not liable for any additional costs or any disappointment you may incur if you fail to give us the correct arrival details.
24- Unless otherwise agreed in writing, the Property will be available from 16:00h on the Rent Commencement Date and you must vacate the Property by 12:00h on the last day of the Rental Period. If you fail to vacate the Property by 12:00h on the last day of the Rental Period, we reserve the right to charge you for an extra day (or longer where appropriate), “pro-rata” to the Rental Price. These conditions may depend on private and particular conditions set by the Owners of the Property.
25- Although we make every effort to accommodate late arrivals on prior request in writing, arrivals after 21:00h on the Rent Commencement Date (or 21:00h on a later date if you do not arrive on the Rent Commencement Date), including delays due to delayed or cancelled flights or ferries, may be subject to a late check-in fee 50€, which will be deducted from your security deposit.
26- It is your responsibility to ensure that the Property’s inventory is accurate upon your arrival and that we are notified of any discrepancies within 24 hours of arrival. Unless we have been notified, you will be deemed liable for any damages and/or discrepancies found at check-out.
27- Unless otherwise agreed in writing, no pets are allowed in the Property.
28- All keys and other devices for the Property or its contents are your responsibility during the Rental Period. We reserve the right to charge you to replace such items and/or to have the locks changed at the Property in the event that they are not all left with our representative on departure.
29- Our representative and/or our agents may require access to the Property during the Rental Period for any necessary repairs or maintenance. We will give you at least 24 hours notice, except in an emergency.
30- We accept no liability for the intermittent failure of public utility supplies, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections (where available) in the Property, but we shall use our reasonable endeavours to arrange their repair. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering and/or construction works near the Property.
31- Where the Property is advertised as having Satellite / Sky / cable or digital television, we cannot guarantee access to as many channels as you may receive at home.
32- Where the Property is advertised as having ADSL / Cable or Satellite telephone and Internet connection and signal, we cannot guarantee full and constant access to it as it depends on the local supplier.
33- All information contained in our welcome pack is intended to be a guide only and is not incorporated into the Contract.
Our liability to you
34- Subject to condition 40, we accept responsibility for any death or personal injury caused by negligent acts and / or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. However, we are not responsible for any death or personal injury caused by negligent acts and/or omissions of the Owner.
35- We do not accept liability for any unusual or unexpected circumstances beyond our control or which we could not have avoided even if we had used all possible care.
36- The Property may have dangers such as swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such the Property may not be suitable for you – we do not represent that any Property is totally child friendly. All swimming pools are used at your own risk. You accept complete liability for any accidents caused by or arising out of your own negligence, misuse of the Property or failure to comply with local laws and regulations, including any caused due to alcohol and/or any drugs or medicine of any kind.
37- If you are injured whilst at the Property, you must report the incident to us within 24 hours of it happening, consult a local doctor and consult your GP when you return home. If you make a claim against us in relation to any injury you must provide us with details of both the local doctor you consulted and your GP together with your written authority for us to obtain a written medical report from each of them.
38- The Company does not act as an agent for any supplier of activities, facilities or excursions. If you use any local services your contract will be with the local supplier, therefore we will not be liable for any complaints, claims, loss or damages in relation such services.
39- We do not accept any liability for any loss or damage to your property or for any distress howsoever arising.
40- Our total liability in connection with the performance or contemplated performance of the Contract shall be limited to the Rental Price.
41- If in our opinion, the opinion of the Owner or the opinion of our representative, you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we may terminate the Contract and you will be required to vacate the Property immediately. We will have no further liability to you.
42- It is the policy of NEVERLAND PROPERTIES, S.L. and most Owners, not allowing holding social events and several other festivals or parties on the Property (i.e. weddings, receptions, cocktails, large parties which may cause annoyance to neighbours and on the Property) without prior written consent by the Company and the Owner. Permission is required for any event where an attendance of twice the people staying in the rental property is exceeded. If permission is granted, a fee may be charged. The violation of this clause shall be considered as breach of contract and can lead to total loss of deposit (Deposit) and to be ejected from the Rental Property without compensation. The Spanish law prohibits playing music or any other sound or noise after 24hrs.
43- Each Property has a maximum number of permitted guests and unless we otherwise agree in writing you may not allow more guests to stay than the permitted maximum. We reserve the right to invoice you for any such additional persons staying at the Property.
44- Some Owners do not allow sex parties or parties made up of members under the age of 21 years to make a booking. You must inform us at the time of booking if your party falls within these categories. It is at the Owner’s sole discretion to accept such bookings.
45- You must not act in any manner or omit to do anything that, in our reasonable opinion or that of the Owner, might invalidate any insurance cover on the Property.
46- If you breach any of conditions 45 to 48 (inclusive), or misrepresent the information given in relation to any of them, we reserve the right to take the following action against you:
- – denying you entry to the Property
- – retaining the full amount of your security deposit (should the security deposit prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 30 days or at such other time to allow the total cost to be determined)
- – eviction from the Property
47- If you are evicted from the Property in accordance with condition 49, the Contract will be deemed cancelled by you and condition 20 shall be deemed to apply and you will be liable to reimburse all of our related expenses. You will not be entitled to receive any refund.
48- You must provide your own travel, medical and any other insurance you require and all such policies must be in force for the entire Rental Period.
49 – NEVERLAND PROPERTIES, S.L. and the Owner informs the Customer to contract some form of travel insurance to protect them and their valuables. NEVERLAND PROPERTIES, S.L. and the Owner do not assume any responsibility for the loss of valuables of the Customer and the members of his group during the entire stay. They must be careful to protect all your valuables, as Property insurance does not protect your valuables, neither those who are in the safe-box at the Property if one.
50- In the unlikely event that you have a complaint please promptly report it to our local representative.
51- All formal complaints must be made to our local representative by the Party Leader as soon as possible and in any event before the end of the Rental Period. All such complaints must also be made in full in writing to us within 7 days of the end of the Rental Period. Any complaint received after this period will only be considered by us at our sole discretion as it may prove difficult to investigate or rectify your complaint.
52- The concierge service is provided by a different company and we do not accept liability for its services.
53- We reserve the right to record all telephone calls to monitor customer service levels.
Passports, visas and heath requirements
54- It is your responsibility to ensure that you have a valid passport and visa (if applicable).
55- We are not obliged to assist you if you are refused travel. Your passport and travel documents must be intact – you may not be able to travel if they are damaged or they have been tampered with.
56- Passport, health and visa requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure.
Data protection policy
57- You acknowledge and agree that your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with your travel arrangements.
58- We shall have no liability to you if we are prevented from, or are delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party or agent), failure of a utility service or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.
Ibiza, 15 March 15, 2015
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