It is wise to read the small print very carefully. Both parties, you and us, can find the rights and obligations to which we both must adhere. Through your booking with Comfortvilla you confirm to agree with the under mentioned terms.
Table of Contents
Article 1. Definitions
Comfortvilla: Comfortvilla – Villa Expert BV, registered with KvK number 32140817 and located on Van der Zaenlaan 44 in Hilversum, the booking agency that is an intermediary in setting up the rental contract between tenant and owner.
Tenant: a natural or legal person who concludes an agreement with the accommodation provider with regards to the rental of a holiday property.
Owner: The rightful owner / owners (or his/her representative) of the property to be rented.
Manager: A contact person designated by the owner who carries out management tasks on behalf of the owner.
Rent sum: The rental price of the accommodation.
Full invoice amount: The rent sum plus any other amounts due to the owner or to Comfortvilla.
Written communication: Messages sent by regular mail as well as by e-mail.
Property: A property offered for rent by Comfortvilla for recreational use on behalf of the owner.
Article 2. Applicability of conditions of reservation
The conditions of reservation are applicable to the agreement, as well as the special offers, quotations, agreements with and services from Comfortvilla, unless parties explicitly agree otherwise.
Article 3. Making a reservation
3-1. The agreement is concluded between the tenant and the owner.
3-2. By sending the reservation form via the Comfortvilla website, giving instructions by phone or sending an inquiry via email, the agreement is concluded and the tenant declares his agreement with these conditions.
3-3. The statutory right of withdrawal (cooling-off period) does not apply to the agreement.
Article 4. Reservation contract and payment
4-1. Every reservation will be confirmed by Comfortvilla via a reservation contract.
4-2. Within 3 days of the reservation the first payment of 30% is required. The remaining 70% of the full invoice amount must be paid no later than 8 weeks prior to commencement of the rental period. If the reservation is made within these 8 weeks the entire invoice amount is to be paid in full.
4-3. If payment is late Comfortvilla has the right to annul the reservation of the accommodation. Payments already made will not be refunded; the cancellation conditions will be enforced in their entirety. (Refer to article 5).
4-4 After receipt of the full invoice amount, a voucher will be sent to the tenant. The voucher is considered proof of payment and includes all relevant information and any additional costs to be settled upon arrival. Attached to the voucher are directions to the key holding address. Important phone numbers will also be provided.
Article 5. Cancellation by the tenant
5-1. Cancellation must be done by phone and simultaneously via written communication. Directly after receiving the written cancellation Comfortvilla will send a letter confirming the cancellation.
5-2. If cancellation is done from the moment the reservation is created up to 8 weeks before commencement of the rental period, 30% of the rent sum is due to be paid as well as reservation costs.
5-3. Cancellation between 8 and 6 weeks from commencement of the rental period means 60% of the rent sum has to be paid as well as reservation costs.
5-4. Cancellation within 6 weeks from commencement of the rental period means the full invoice amount must be paid.
5.5. Cancellation includes: requests to change the agreed accommodation and / or change the agreed rental period. The provisions regarding cancellation in this article are therefore applicable. If reasonable grounds exist, deviation from this provision is possible, at the discretion of the owner and / or Comfortvilla.
The cancellation policy in response to COVID-19
For all confirmed bookings from September 15, 2020 with an arrival between September 15, 2020 and December 20, 2021, the following cancellation conditions apply:In case of government restrictions for travel in Spain or to Spain from the traveler’s country of origin during the rental period (meaning you’re not allowed to travel for holidays), it is possible to cancel the reservation free of charge from 14 days before arrival. In this case, Comfortvilla will either refund the traveler the amount paid (excluding any reservation costs) or provide a voucher (for the amount paid) to use for a future booking.
Article 6. Cancellation and alterations by Comfortvilla
6-1. If, due to substantial circumstances, Comfortvilla enforces the cancellation of a booking for a rented accommodation you will immediately be notified and where possible an alternative will be offered. If you do not wish to accept the alternative, Comfortvilla will immediately reimburse the tenant with all the payments that have already been made. The tenant’s sole rights will consist in the reimbursement of paid costs.
6-2. Cancellation by Comfortvilla within 8 days before commencement of the rental period entitles the tenant to a compensation of 150 euros per reserved property if no alternative is offered or if the alternative is not accepted.
6-3. Clause 6-2 does not apply to short term reservations, defined as reservations made 5 weeks or fewer before commencement of the rental period.
Article 7. Liability
Comfortvilla mediates in the establishment of a rental contract between the manager and tenant and is explicitly not a party to the rental agreement.
Comfortvilla accepts no liability for:
- Theft, loss or damage, of whatever nature, during or as a result of a stay in one of our properties;
- Malfunctioning or ceasing to function of technical equipment in the properties, temporary outages or disruptions in and around the property of water and / or energy management, unannounced street roadworks and construction works around the property;
- The failure or partial performance of the rental contract in the event of force majeure. This also includes the case that the service providers engaged by the owner, on which Comfortvilla is dependent, remain negligent;
- Obvious errors or mistakes on the website of Comfortvilla or other notices, including inaccuracies in written and photographic material provided by the home owners.
- Accidents in or around the property.
The tenant is liable for all losses and / or damages to the rented accommodation and the inventory thereof, regardless of whether this is the result of acts or omission of the tenant or any third parties that find themselves in the rented accommodation with the tenant’s consent. In case of improper use or leaving the rented accommodation in an improper fashion, additional costs can be charged to the tenant.
Article 8. Usage of accommodation, number of persons and pets
8-1. The tenant must act as a good tenant and only use the accommodation according to the instructions provided by the owner / manager and / or Comfortvilla.
8-2. Only the persons who are registered in the reservation are entitled to use the accommodation. The website indicates the maximum number of persons that is allowed to stay overnight in the property. If the maximum number of persons is exceeded without written permission, this may lead to termination of the agreement. Only under specific conditions and after written permission from Comfortvilla it is allowed to use the accommodation for commercial purposes such as photo or video reports. For private parties, such as weddings and receptions, written permission from Comfortvilla is required.
8-3. The tenant must adhere to the arrival and departure times as stated on the voucher. In case of deviating arrival or departure times, the manager must be contacted. Any costs arising from deviating arrival or departure times are fully at the expense of the tenant.
8-4.Pets may only be included, whether or not for a fee, if this has been previously notified, agreed upon and stated in the agreement.
Article 9. Complaints
9-1. We always try to ensure that your holiday is care-free. Nevertheless, on occasion, you may feel the need to make an official complaint. This complaint needs to be made within 24 hours at our office in Begur where we can take immediate action. If you arrive on a Saturday, complaints need to be made before the following Monday afternoon. Complaints which reasonably cannot be detected within 24 hours of arrival must immediately be reported to the local contact person. The local contact person will do everything possible to solve the complaint in the short term. If it is not possible to make this complaint locally or it is not solved to your satisfaction then it should be done within 2 weeks after the end of the rental contract, in writing and with all aspects of the complaint fully documented, to Comfortvilla. Complaints which are received later than 2 weeks will not be taken into consideration and will make any alleged claim null and void.
9-2. In case of emergencies or serious dissatisfaction you can contact Comfortvilla in the Netherlands from your accommodation. Often there is a reasonable solution to ensure you have an enjoyable holiday.
9-3. The tenant must at all times give Comfortvilla the opportunity to reach a suitable solution to the complaint. Action taken on your own initiative i.e. taking up residence in a different home or leaving the property will incur the cancellation of any restitution or compensation.
9-4. Comfortvilla is, in any case whatsoever, fully liable for the amount of the rental fee.
Article 10. Cancellation insurance
10-1. It is advised to take out a cancellation insurance policy, even if you are only making reservations for a short period. Comfortvilla is able to assist you in this.
Article 11. General
Article 12. VZR Garant
12-1. In order to meet its statutory obligation to provide a guarantee, [Company name] makes use of the guarantee scheme provided by VZR Garant (www.vzr-garant.nl/en). You can check that this is the case by visiting VZR Garant’s website and verifying that the organisation is listed as a participant. VZR Garant’s guarantee applies within the limits of its Guarantee Scheme (which can be found on VZR Garant’s website). The Guarantee Scheme specifies the exact (travel) offering to which VZR Garant’s guarantee applies and what the guarantee entails. If services are not provided due to the financial insolvency of [Company name], you can contact VZR Garant, which has its offices at Torenallee 20, 5617 BC Eindhoven, Netherlands, by sending an email to email@example.com or calling +31 (0)85 13 07 630..