General conditions
General terms and conditions
1 - Purpose of the contract : These general terms and conditions are concluded between :
- on the one hand, the company COFA Y MIRADOR, trading name TORRE SOLANA 41, located at Calle Torre, 41 11 001 Cadiz/ Spain, registered in the Cadiz Trade and Companies Register under number B72351802; and
- on the other hand, the traveller who has rented accommodation and whose details have been provided on the torresolana41.com website or via third-party websites. The present rental is granted and accepted at the price, charges and special conditions indicated on the booking confirmation, of which the present general conditions form an integral part.
2 - Legal status of the contract : The parties declare that the purpose of this rental is not to rent premises for use as a main residence or for mixed professional and main residential use, for use as a secondary main residence or for residential accommodation. The seasonal rental contract is for the exclusive use of furnished tourist accommodation.
3 - Description of the premises: The premises covered by this contract are rented, furnished on a seasonal basis and made available to the traveller in a perfect state of decoration, maintenance and accessories, the traveller being obliged to use them without causing any damage.
4 - Assignment and subletting: This lease is concluded intuitu personae for the sole benefit of the lessee identified at the head of the contract. Any transfer of this lease or any total or partial subletting is strictly prohibited. The traveller may not leave the premises at his disposal, even free of charge and on loan.
5 - Duration of stay : The traveller who signs the contract concluded for a fixed period may under no circumstances claim any right to remain in the premises at the end of the stay.
6 - Conclusion of the contract : The contract is deemed to have been signed when the personal and/or bank details are provided, and by payment of the rental amount online or by receipt of the deposit. This order and validation has the value of a handwritten signature and acceptance of the terms of the contract and the general rental conditions between the parties.
- Standard booking conditions for reservations: When booking online, the traveller's reservation will be confirmed after payment of a deposit corresponding to 30% of the total amount of the services booked. Payment of the balance of the services booked and the security deposit is expected no later than 3 days before the date of arrival. For bookings made less than 3 days before the date of arrival, the full amount of the services booked and the deposit must be paid at the time of booking.
7 - Payment methods: rental payments (deposit, balance and security deposit) can be made using the following payment methods:
- secure online payment by credit card via our partner PLANET
- by bank transfer for bookings made at least 7 days before arrival, to the Bank INTER account in the name of COFA Y MIRADOR,
Account number: 0128 0730 9101 0005 8037
IBAN: ES70 0128 0730 9101 0005 8037
SWIFT code (BIC): BKBKESMMXXX
Bank address: Calle San Francisco, 18, 11004 Cádiz
The reservation option for the flat chosen will be held for 48 hours and will be withdrawn if COFA Y MIRADOR has not received confirmation of the transfer after this time.
- No keys will be issued without full payment of the services booked and the security deposit.
8 - Cancellation and amendment by the traveller: Any cancellation or request for amendment must be notified by e-mail to info@torresolana41.com.
- Cancellation before arrival: the deposit remains the property of COFA Y MIRADOR.
- Modification before arrival: If the stay is less expensive, the rental price remains the property of COFA Y MIRADOR. In this case, no refund will be made. If, on the other hand, the new rate is higher than the rate initially booked, the traveller must pay the difference. - No-show: If the traveller does not show up within 24 hours of the confirmed arrival date, the contract becomes null and void and COFA Y MIRADOR may dispose of the gîte. The deposit also remains the property of COFA Y MIRADOR, which will request the balance of the rental.
9 - Cancellation and modification by COFA Y MIRADOR: If, before the start of the holiday, COFA Y MIRADOR cancels or modifies an essential element of the contract, it must inform the traveller by e-mail. The traveller will be offered a substitute holiday. If the traveller does not confirm this proposal, the sums paid will be reimbursed immediately, with any reduction in price being deducted from any sums still owed by the traveller and any overpayment being returned to the traveller before the start of the holiday.
10 - Arrival/departure: Arrivals are from 3pm. The contract ends at 11am on the day of departure at the latest. Beyond this time, an additional night will be charged unless agreed otherwise in writing between the parties.
11 - End-of-stay cleaning: Standard final cleaning at the end of the stay is included in the price. This includes a change of bed linen and general cleaning of the flat and bathrooms. However, you are responsible for cleaning and tidying up the dishes, emptying the fridge, freezer, dishwasher and microwave, as well as tidying up the interior of the flat. 12 - Inventory of fixtures and fittings: An inventory of fixtures and fittings is drawn up upon entry to the accommodation. In the absence of any dispute by the Traveller within 72 hours, the inventory of fixtures and fittings drawn up by COFA Y MIRADOR and communicated to the Traveller upon entering the accommodation will be deemed to have been accepted without reservation by the Traveller.
13 - Security deposit: The Traveller authorises COFA Y MIRADOR to make a pre-authorisation to cover the fixed amount of the security deposit. In the event that COFA Y MIRADOR does not obtain the bank authorisation to carry out the pre-authorisation, the traveller must pay the amount of the security deposit on arrival. Failing this, the booking will be cancelled and the sums paid will not be refunded.
The security deposit is intended to cover damage and/or deterioration to the accommodation and to the furniture and objects in the accommodation caused by the traveller, loss of keys or objects, as well as additional charges and consumption (extension, pay TV, etc.).
The security deposit will be returned by credit card or bank transfer, less any additional charges and consumption, and if any damage is found, the cost of restoring the premises, within a period not exceeding two weeks after your departure.14 - Enjoyment of the premises: Upon entering the premises, the traveller undertakes to respect the following commitments :
- to make peaceful use of the rented accommodation, furniture and equipment in accordance with the purpose for which they were provided in the lease and to be responsible for any damage or loss that may occur during the term of the contract in the premises of which he/she has exclusive use. The rules of co-ownership will apply to the traveller.
- will maintain the rented accommodation and return it in a good state of cleanliness and repair at the end of the contract. Failing this, if any objects are broken or damaged, COFA Y MIRADOR may claim their replacement value. If the flat is not returned in a state of general cleanliness (rubbish bins emptied and deposited in the place mentioned in the rules, clean and tidy crockery), COFA Y MIRADOR will be entitled to demand an exceptional flat-rate cleaning fee of 60 euros, and the cost of restoring or freeing the flat will be charged to the traveller.- will not hold COFA Y MIRADOR responsible for any damage to himself, his co-travellers or his personal belongings, caused in the common areas by equipment, furniture or structures.
- will not commit any abuse of use likely to damage the solidity or good order of the building, or to engage the responsibility of COFA Y MIRADOR towards the other occupants of the building or towards the neighbours.
- must avoid any noise likely to disturb neighbours, in particular that emitted by radio, television or other equipment. Any gathering, party or event causing a nuisance is strictly forbidden. In the event of a complaint being lodged due to noise pollution, the traveller alone will be held responsible, the security deposit will be retained, and the traveller's departure will be demanded without the traveller being able to request reimbursement for the remaining nights. The matter may be referred to a civil court to determine the amount of compensation and the extent of the nuisance.
- will ensure the safety of their children, by not sitting on window ledges, and by locking the door to avoid falls down the stairs.
- not take any legal action against COFA Y MIRADOR in the event of theft or damage to the rented premises, water, gas or electricity cuts or nuisance caused by the neighbours.- respect the maximum capacity of the flat, in accordance with the description in the advertisement and the confirmation received by email. If the maximum capacity is exceeded, the owner may refuse to accept any additional guests, and the amendment to the contract will be considered as a breach of contract at the initiative of the traveller. Even in a flat with a capacity of 6 people, the traveller undertakes that at no time during their stay will there be more than 6 people (including children and babies) in the flat.
- will not refuse to visit the premises if requested to do so by COFA Y MIRADOR.
- will not leave any object of any kind that might impede access to the common areas, except in the places provided for this purpose.
- it is strictly forbidden to smoke in the rented premises, even at the window, even in the toilets, failing which compensation will be requested for the impossibility of renting the property in its current state due to the smell of smoke and restoration in proportion to the costs incurred, i.e. a minimum penalty of 300 euros.- in the event of loss or theft of a key/badge, the traveller undertakes to pay for the replacement of the lock cylinder or opening system.- PETS:
COFA Y MIRADOR will refuse the stay without any refund if the traveller fails to comply with this clause. - trading contrary to public order is prohibited.
- illegal downloads are prohibited. We provide access to the Internet, and we would ask you to adopt a responsible attitude when using this connection.
- COFA Y MIRADOR cannot be held responsible in the event of a gas or electricity cut, internet or lift malfunction.
15 - Insurance: The traveller is responsible for all damage caused by him/her. They must be covered by a holiday-type insurance policy for these various risks.
16 - Disputes: Any complaint relating to the state of the property and the state of the description during a rental must be sent to COFA Y MIRADOR within 3 days of entering the property. Any other complaint must also be sent to COFA Y MIRADOR as soon as possible. In the event of a dispute that cannot be resolved by amicable agreement, the court of first instance in the location of the rental property shall have sole jurisdiction. COFA Y MIRADOR reserves the right to cancel and refuse any order from a customer with whom there is a dispute relating to the payment of a previous debt.
17 - Insurance: COFA Y MIRADOR is covered by MAPFRE insurance - Feduchy 19 11005 - CADIZ.