General terms and conditions (owners)

These general terms and conditions apply to every agreement between Take a Holiday in Spain S.L. and the owner of an accommodation that is promoted, rented out and/or managed by Take a Holiday in Spain S.L.

In these general terms and conditions, the following terms have the following meanings:

Take a Holiday in Spain S.L.: The private limited company incorporated under Spanish law, established in Spain, hereinafter referred to as "Take a Holiday in Spain", which is engaged in the promotion, rental, intermediation and management of holiday accommodations.

Owner: The natural person or legal entity who is the legal owner of an accommodation or is authorised to offer it for tourist rental.

Tenant: The natural person who makes a reservation through Take a Holiday in Spain.

Accommodation: The home, villa, apartment or other lodging accommodation made available for rental by the owner.

Agreement: The cooperation agreement between Take a Holiday in Spain and the owner.

Commission: The agreed fee to which Take a Holiday in Spain is entitled for the services provided.

Management: All agreed activities, including promotion, reservation management, guest communication, financial handling, key management, inspections, cleaning coordination and other agreed services.

1. These general terms and conditions apply to all quotations, agreements and services of Take a Holiday in Spain.

2. Deviations are only valid if they have been agreed in writing.

3. If one or more provisions prove to be wholly or partly void, the remaining provisions shall remain fully in force.

4. By signing the cooperation agreement, the owner declares that it has taken note of these general terms and conditions and agrees to them.

1. Take a Holiday in Spain acts as a professional intermediary between the owner and the tenant.

2. Depending on the services chosen, Take a Holiday in Spain may, among other things, perform the following activities: promotion of the accommodation via its own website; promotion via social media; promotion via external booking platforms; price management; reservation management; communication with guests; collection of rental payments and deposit; payment to the owner; coordination of cleaning; coordination of maintenance; key management; personal check-in and check-out; and support in the event of emergencies.

3. The precise services are set out in the cooperation agreement.

4. Take a Holiday in Spain is entitled to adjust the manner of promotion, the booking channels used and the marketing strategy at its own discretion, unless otherwise agreed in writing.

1. The cooperation is established once both parties have accepted the agreement.

2. The owner declares that it is authorised to rent out the accommodation.

3. The owner grants Take a Holiday in Spain permission to promote the accommodation and to process reservations on behalf of the owner.

4. Take a Holiday in Spain is entitled to refuse or terminate a cooperation without stating reasons if there are legitimate grounds for doing so.

1. The owner provides complete, accurate and up-to-date information about the accommodation.

2. The owner ensures that the accommodation is safe, clean and suitable for tourist rental throughout the entire cooperation.

3. Throughout the term of the agreement, the owner holds all legally required permits, registrations and certificates.

4. The owner is responsible for the accuracy of the accommodation's availability and immediately informs Take a Holiday in Spain of its own reservations, blockings or changes.

5. The owner is responsible for all taxes, municipal levies and other costs relating to the accommodation, unless otherwise agreed in writing.

6. The owner shall immediately report in writing any changes to the accommodation that may affect the rental.

7. The owner ensures that all installations, including electricity, water, gas, internet, air conditioning, swimming pool installations and heating installations, function properly and comply with the applicable safety regulations.

1. Take a Holiday in Spain shall carry out its activities to the best of its insight, experience and professional skill.

2. Take a Holiday in Spain shall use its best efforts to promote the accommodation as effectively as possible and to optimise the rental.

3. Take a Holiday in Spain maintains contact with potential tenants and handles the reservation administration.

4. If agreed, Take a Holiday in Spain handles the financial processing of reservations, including the collection of rental payments, deposit and the payment to the owner.

5. Take a Holiday in Spain informs the owner in good time about important matters relating to the accommodation or a reservation.

6. Take a Holiday in Spain is entitled to have activities carried out wholly or partly by carefully selected third parties.

1. Take a Holiday in Spain determines the manner in which the accommodation is promoted.

2. The accommodation may be offered, among other things, via: its own website; social media; Google; external booking platforms; partners; and other marketing channels.

3. Take a Holiday in Spain independently determines which marketing activities are deployed.

4. Take a Holiday in Spain is entitled to use photos, videos, descriptions and promotional texts of the accommodation for marketing purposes.

5. The owner grants permission for this for the duration of the cooperation.

1. The standard rental prices are determined in consultation with the owner.

2. If the owner has given prior written permission for this, or if this forms part of the cooperation agreement, Take a Holiday in Spain is authorised to make use of dynamic pricing.

3. Dynamic pricing may take place, among other things, on the basis of: supply and demand; occupancy rate; season; local events; market conditions; competition; and availability.

4. In doing so, Take a Holiday in Spain shall always act with the aim of achieving the optimal rental result for the owner.

5. If no permission has been granted for dynamic pricing, only the rental prices agreed with the owner shall be applied.

1. All reservations are administratively processed by Take a Holiday in Spain.

2. Rental payments are received in accordance with the applicable payment conditions.

3. After the tenant's arrival and receipt of the full rental price, the amount due, less the agreed commission and any other agreed costs, is paid out to the owner.

4. The payout takes place in accordance with the arrangements set out in the cooperation agreement.

5. If damage, additional costs or outstanding amounts have not yet been definitively established, Take a Holiday in Spain may withhold a reasonable reserve from the payout until clarity is obtained on the matter.

1. The amount of the commission is set out in the cooperation agreement.

2. The commission is due on every reservation established through Take a Holiday in Spain.

3. In the event of cancellation by the tenant, Take a Holiday in Spain retains the right to the agreed commission on the cancellation charges due in accordance with the cancellation conditions.

4. If the commission due is higher than the amount already received, the difference is offset against a subsequent payout or invoiced separately to the owner.

5. Following a cancellation, Take a Holiday in Spain shall use its best efforts to re-let the period that has become available. No rights can be derived from this by the owner.

11.1 Cancellation by the tenant

1. If a tenant cancels a reservation, the cancellation conditions as set out in the general terms and conditions for guests apply.

2. Take a Holiday in Spain retains the right to the agreed commission on the cancellation fee due in accordance with the applicable cancellation conditions.

3. The remaining amount of the cancellation fee received accrues to the owner.

4. If the commission due is higher than the amount already received, the difference is offset against a subsequent payout or invoiced separately to the owner.

5. Following a cancellation, Take a Holiday in Spain shall use its best efforts to re-let the period that has become available. No rights can be derived from this.

11.2 Cancellation by the owner

1. The owner must, as far as possible, avoid cancelling a confirmed reservation.

2. If the owner cancels a confirmed reservation, all amounts already paid by the tenant are refunded.

3. Take a Holiday in Spain shall use its best efforts to find suitable alternative accommodation for the tenant.

4. All reasonable additional activities and costs arising from a cancellation by the owner, including administrative activities, communication with the tenant and the search for replacement accommodation, may be charged to the owner.

5. If the cancellation leads to costs or claims from external booking platforms, these are for the account of the owner, insofar as the cancellation was not caused by Take a Holiday in Spain.

1. The owner is responsible for a safe, clean and well-maintained accommodation.

2. If Take a Holiday in Spain coordinates the cleaning or maintenance, this is done in accordance with the arrangements set out in the cooperation agreement.

3. Urgent repairs that are necessary for the safety of the guests or the preservation of the accommodation may be carried out or commissioned by Take a Holiday in Spain if the owner cannot be reached in time.

4. The costs incurred are coordinated with the owner as soon as possible and, if these are for the account of the owner, charged on to it.

5. Take a Holiday in Spain is not liable for defects that have arisen due to deferred maintenance or negligence on the part of the owner.

1. In the event of emergencies, Take a Holiday in Spain shall use its best efforts to limit the consequences for the guests and the owner as much as possible.

2. Emergencies include, among other things: malfunctions of swimming pool installations; malfunctions of air conditioning or heating; leaks; defects in electricity, water or internet; damage caused by storms or natural forces; defective locks or access facilities; and other unexpected situations that require immediate action.

3. If immediate action is necessary and the owner cannot be reached, Take a Holiday in Spain may take measures to prevent further damage or nuisance.

4. The owner remains responsible for the costs of repair, unless otherwise agreed in writing or the damage was demonstrably caused by Take a Holiday in Spain.

1. Throughout the entire cooperation, the owner is responsible for holding all legally required permits, registrations and certificates necessary for tourist rental.

2. The owner is obliged to take out appropriate buildings, contents and liability insurance that covers tourist rental.

3. The owner indemnifies Take a Holiday in Spain against claims by third parties arising from the absence of the required permits, registrations or insurance.

4. Any fines, additional levies or damage arising from failure to comply with legal obligations are entirely for the account of the owner.

1. Take a Holiday in Spain carries out its activities with the greatest possible care, but is liable only for direct damage resulting from intent or deliberate recklessness.

2. Take a Holiday in Spain is not liable for indirect damage, consequential damage, loss of profit, missed rental income or reputational damage.

3. The owner remains responsible for the condition, safety and legal compliance of the accommodation.

4. Take a Holiday in Spain is not liable for damage arising from defects in the accommodation, deferred maintenance or incorrect information provided by the owner.

5. The owner indemnifies Take a Holiday in Spain against claims by third parties arising from the use of the accommodation, unless the damage was directly caused by an attributable shortcoming of Take a Holiday in Spain.

6. Take a Holiday in Spain is not liable for a lower occupancy rate or missed rental income as a result of market conditions, seasonal influences, economic developments, weather conditions, pandemics, changes in laws and regulations, algorithms of booking platforms or other circumstances over which it can exercise no influence.

1. Take a Holiday in Spain shall use its best efforts to promote the accommodation professionally and, within the agreed services, to achieve the best possible rental result.

2. Take a Holiday in Spain gives no guarantee with regard to the number of reservations, the occupancy rate, the rental price or the rental income to be realised.

3. Rental results may be influenced, among other things, by market conditions, competition, season, location, pricing, the quality and furnishing of the accommodation, reviews, economic developments, weather conditions and changes at booking platforms.

4. A disappointing rental result does not entitle the owner to compensation, reimbursement of costs incurred or retroactive dissolution of the agreement.

1. Force majeure means any circumstance over which Take a Holiday in Spain can reasonably exercise no influence and as a result of which the performance of the agreement is wholly or partly prevented or hindered.

2. This includes, among other things, natural disasters, forest fires, floods, earthquakes, extreme weather conditions, pandemics, war, terrorism, strikes, government measures, road closures, water shortages, power outages, internet outages, failure of utilities and malfunctions at booking platforms or other external service providers.

3. During a force majeure situation, the obligations of Take a Holiday in Spain are suspended insofar as their performance is temporarily impossible.

4. Take a Holiday in Spain shall use its best efforts to limit the consequences of force majeure as much as possible.

5. Take a Holiday in Spain is not liable for damage, costs or missed rental income as a result of force majeure.

1. The owner provides up-to-date contact details and immediately notifies any changes thereto.

2. Communications from Take a Holiday in Spain may be sent in writing, by email, via WhatsApp or via a designated digital portal.

3. The owner is responsible for reading and responding in good time to messages relating to reservations, maintenance, emergencies or legal obligations.

4. If an urgent decision is required and the owner cannot be reached in time, Take a Holiday in Spain may act reasonably in the interest of the guests, the accommodation and the limitation of damage.

1. The duration and any notice period of the cooperation are set out in the cooperation agreement.

2. Termination of the cooperation has no consequences for reservations confirmed before the end date, unless the parties agree otherwise in writing.

3. The owner remains obliged to honour existing reservations and to make the accommodation available for these reservations.

4. Take a Holiday in Spain retains the right to the agreed commission and costs for all reservations established before the termination date.

5. Take a Holiday in Spain may terminate the cooperation with immediate effect if: (a) the owner seriously or repeatedly fails to fulfil its obligations; (b) the accommodation is not safe or lawfully rentable; (c) required permits or insurance are lacking; (d) the owner fails to honour confirmed reservations without valid reason; or (e) continuation of the cooperation cannot reasonably be required of Take a Holiday in Spain.

1. Texts, advertisements, translations, photography, videos and other promotional material created by Take a Holiday in Spain remain the property of Take a Holiday in Spain, unless otherwise agreed in writing.

2. The owner grants Take a Holiday in Spain permission, for the duration of the cooperation, to use photos, texts, floor plans and other information provided by the owner for promotion and rental.

3. The owner declares that the material supplied does not infringe the rights of third parties.

4. After termination of the cooperation, Take a Holiday in Spain may remove already published marketing expressions within a reasonable period and retain them for administrative and evidentiary purposes.

1. Take a Holiday in Spain processes the personal data of owners and tenants in accordance with the applicable European and Spanish privacy legislation.

2. Personal data is used for the performance of the agreement, reservation management, financial administration, legal obligations and communication.

3. For more information, reference is made to the privacy policy on the website of Take a Holiday in Spain.

1. Complaints about the services must be reported in writing to Take a Holiday in Spain as soon as possible.

2. The parties shall use their best efforts to first resolve a complaint or dispute by mutual consultation.

3. The owner gives Take a Holiday in Spain a reasonable period and opportunity to investigate a possible shortcoming and, if possible, to remedy it.

1. The cooperation agreement and these general terms and conditions are governed exclusively by Spanish law.

2. If a dispute cannot be resolved by mutual consultation, it shall be submitted to the competent court in the province of Málaga, unless mandatory law provides otherwise.

1. Take a Holiday in Spain reserves the right to amend these general terms and conditions.

2. Amendments are communicated to the owner in writing or by email.

3. Amended terms and conditions take effect 30 days after announcement, unless a later date is stated.

4. For existing confirmed reservations, the terms and conditions that applied at the time of confirmation shall continue to apply, insofar as the amendment has consequences for that reservation.

1. If a provision proves to be wholly or partly invalid, void or unenforceable, the remaining provisions shall remain fully in force.

2. The parties shall replace the invalid provision with a valid provision that corresponds as closely as possible to the original purpose.

3. The failure to exercise a right immediately does not mean that a party waives that right.

4. The cooperation agreement, any annexes and these general terms and conditions together constitute the arrangements between Take a Holiday in Spain and the owner.

5. In the event of a conflict, the individually signed cooperation agreement prevails over these general terms and conditions.