General terms and conditions (guests)

In these general terms and conditions, the following definitions apply:

Take a Holiday in Spain S.L.: The private limited company incorporated under Spanish law, established in Spain, acting as intermediary and manager of holiday accommodations on behalf of the owners.

Owner: The natural or legal person who owns an accommodation and offers it for tourist rental through Take a Holiday in Spain S.L.

Renter: The natural person who makes a booking, also on behalf of all other persons using the accommodation.

Fellow guests: All persons forming part of the same booking.

Accommodation: The holiday home, villa, apartment or other lodging accommodation offered through Take a Holiday in Spain S.L.

Booking: The agreement between the renter and the owner that comes into being following confirmation by Take a Holiday in Spain S.L.

Security deposit: The amount that may be requested in advance as security for any damage, additional cleaning costs or other costs arising during the stay.

Arrival date: The first day on which the accommodation is made available in accordance with the booking.

Departure date: The last day by which the accommodation must be vacated at the latest.

Force majeure: Any situation over which Take a Holiday in Spain S.L. or the owner cannot reasonably exercise control, including natural disasters, wildfires, floods, earthquakes, extreme weather conditions, pandemics, war, terrorism, strikes, government measures, water shortages, power outages, internet outages and failure of utility services.

1. These general terms and conditions apply to all bookings, agreements, quotations and services offered by or through Take a Holiday in Spain S.L.

2. By making a booking, the renter declares that they have taken note of these general terms and conditions and fully agree to them.

3. The renter is responsible for informing all fellow guests of these general terms and conditions and the house rules of the accommodation.

4. Deviations from these terms and conditions are only valid if they have been confirmed in advance in writing by Take a Holiday in Spain S.L.

5. If one or more provisions of these terms and conditions prove to be wholly or partially invalid, the remaining provisions shall remain fully in force.

1. A booking is only definitive once it has been confirmed in writing by Take a Holiday in Spain S.L.

2. Take a Holiday in Spain S.L. acts solely as an intermediary between the owner and the renter, unless expressly agreed otherwise.

3. The rental agreement comes into being between the owner of the accommodation and the renter.

4. Take a Holiday in Spain S.L. reserves the right to refuse a booking request without stating reasons before an agreement has come into being.

5. Manifest errors, mistakes or pricing errors on the website, in advertisements or in quotations do not bind Take a Holiday in Spain S.L. or the owner.

1. The person making the booking must be at least 18 years of age.

2. The lead booker is responsible for all fellow guests throughout the entire stay.

3. The accommodation may only be used for recreational stays, unless agreed otherwise in writing.

4. Subletting or making the accommodation available to third parties is not permitted.

5. The maximum number of persons stated for the accommodation may never be exceeded without prior written consent.

1. The current rental price is stated during the booking process and confirmed in the booking confirmation.

2. When making a booking, the renter must pay a deposit of 30% of the total rental price.

3. The remaining balance of the rental price, any security deposit and any agreed additional costs must be paid in full no later than 56 days before arrival.

4. If the booking is made within 56 days before arrival, the full amount must be paid immediately.

5. If a payment is not received on time, Take a Holiday in Spain S.L. reserves the right to cancel the booking. Any cancellation charges shall remain fully applicable in this event.

6. All payments must be made via the payment methods offered by Take a Holiday in Spain S.L.

7. Any bank charges, currency charges or transaction charges levied by third parties are for the account of the renter.

1. For a large number of accommodations, a security deposit is required. The amount is stated during the booking process.

2. The security deposit must be paid no later than at the same time as the balance payment.

3. The security deposit serves solely as security for: damage to the accommodation; damage to the contents; loss of contents; extraordinary cleaning costs; breach of the house rules; and additional costs arising during the stay.

4. If no damage or additional costs have been established, the security deposit is in principle refunded within five working days after departure, via the same payment method by which the payment was received.

5. If an investigation into damage is necessary or not all costs are yet known, the refund may be suspended until the damage has been established.

6. If the damage exceeds the security deposit paid, the renter remains liable for the excess.

1. Cancellations must always be notified in writing or by email.

2. In the event of cancellation, the following cancellation charges apply: more than 56 days before arrival: 30% of the total rental price; 56 days or fewer before arrival: 100% of the total rental price.

3. The day of arrival does not count as a full day in this regard.

4. In the event of early departure, there is no right to a refund of the rental price or other amounts paid.

5. We strongly advise every renter to take out adequate travel and cancellation insurance.

1. If an owner cancels a booking that has already been confirmed, all amounts already paid shall be refunded in full to the renter.

2. Take a Holiday in Spain S.L. shall endeavour to offer an equivalent or suitable alternative accommodation.

3. If no suitable alternative accommodation is available, the refund of the amounts already paid shall remain the only obligation.

4. No rights may be derived from an alternative that is offered.

1. A request to amend a booking shall only be dealt with if it is submitted in writing.

2. Take a Holiday in Spain S.L. cannot guarantee that an amendment is possible.

3. In the event of amendments, price differences or administrative charges may apply.

4. A change to the period of stay may be regarded as a cancellation of the original booking, to which the cancellation conditions apply.

1. The standard check-in and check-out times are stated in the booking confirmation or on the booking page.

2. The renter must notify the expected arrival time in good time in accordance with the instructions of Take a Holiday in Spain S.L.

3. A personal check-in or handover of keys shall take place solely in accordance with the arrangements made in advance.

4. In the event of arrival outside the agreed times, a surcharge may be levied if this has been stated in advance.

5. On departure, the accommodation must be left swept clean, free of waste, locked up and handed over in accordance with the house rules.

6. Belongings left behind will, where possible, be forwarded. The shipping costs and any administrative charges are for the account of the renter.

1. The accommodation may only be used for recreational purposes, unless agreed otherwise in writing.

2. The renter must use the accommodation, contents, garden and other facilities with care and treat them as a prudent occupant.

3. The renter is responsible for the conduct of all fellow guests and any visitors.

4. It is not permitted to sublet the accommodation in whole or in part or to make it available for use by third parties.

5. The maximum occupancy stated for the accommodation may not be exceeded.

6. In the event of a breach of this article, Take a Holiday in Spain S.L. or the owner has the right to terminate the stay immediately without any refund of amounts already paid.

1. Only the persons forming part of the booking may stay in the accommodation.

2. Visitors are only permitted with the prior consent of Take a Holiday in Spain S.L. or the owner.

3. The number of visitors may never lead to the maximum occupancy being exceeded.

4. Organising parties, events or gatherings without prior written consent is not permitted.

1. The renter must have regard for neighbouring residents and other guests.

2. Noise nuisance, loud music or other disruptive behaviour is not permitted.

3. If the police, security services or Take a Holiday in Spain S.L. are required to intervene on account of nuisance, the resulting costs may be recovered from the renter.

4. In the event of serious or repeated nuisance, the stay may be terminated immediately without any right to a refund.

1. Pets are only permitted if this has been expressly stated in advance or agreed in writing.

2. The renter remains fully liable for any damage or additional cleaning costs caused by pets.

3. Pets may not cause nuisance to neighbouring residents.

4. If pets are brought along without consent, access to the accommodation may be refused or the stay may be terminated without any refund.

1. The use of swimming pools, jacuzzis, play equipment, sports facilities, stairs, terraces and other facilities is entirely at one's own risk.

2. Children must be supervised by an adult at all times.

3. Take a Holiday in Spain S.L. and the owner are not liable for accidents, injury or damage arising from the use of these facilities, unless there is intent or wilful recklessness.

4. It is not permitted to use glass or breakable objects in or immediately around the swimming pool.

5. If a swimming pool or jacuzzi cannot temporarily be used due to a technical fault, Take a Holiday in Spain S.L. and the owner shall endeavour to remedy the problem as soon as possible. Temporary unavailability does not give any automatic right to a refund or compensation.

6. The renter is obliged to report damage, defects or faults to Take a Holiday in Spain S.L. as soon as possible so that appropriate measures can be taken. If the renter fails to report a problem in good time and the damage increases as a result, the renter may be held liable for the additional damage caused.

1. The renter must use electricity, water and other utilities with care.

2. If a maximum daily electricity consumption applies to an accommodation, this is stated on the property page, in the booking confirmation or in the house rules. Consumption above this limit may be charged to the renter afterwards.

3. Charging electric cars, scooters, bicycles or other vehicles via the electricity supply of the accommodation is only permitted if this has been approved in writing in advance.

4. Water or electricity outages caused by utility companies or other external parties fall outside the responsibility of Take a Holiday in Spain S.L. and the owner. They shall endeavour to have such outages remedied as soon as possible.

1. A large proportion of the accommodations are situated in a rural or mountainous area of Andalusia.

2. The renter is aware that the accommodation may be reached via narrow, steep, winding, paved or unpaved mountain roads.

3. The accessibility of an accommodation is a characteristic of the location and forms part of the accommodation description.

4. The renter declares that they have taken note in advance of the location and accessibility of the accommodation.

5. The location or accessibility of an accommodation does not give any right to free cancellation, refund or compensation.

6. Take a Holiday in Spain S.L. advises renters who feel uncertain about driving in mountainous terrain to contact us in advance for additional information.

1. Every accommodation is cleaned professionally or carefully before arrival.

2. The renter must leave the accommodation tidy.

3. Waste must be disposed of in accordance with local regulations or the instructions in the accommodation.

4. Dirty crockery, food remains, excessive soiling and waste left behind may result in additional cleaning costs.

5. Any additional cleaning costs shall be offset against the security deposit or invoiced separately.

1. At some accommodations, security cameras, video doorbells or other security systems may be present.

2. Any cameras are located solely on the exterior of the accommodation and are intended for the security of the property, the grounds and the belongings present.

3. There are no cameras inside the accommodation or in places where guests may reasonably expect complete privacy.

4. Where camera surveillance is present, this is stated, where necessary, in the accommodation description or in the information provided to the renter before arrival.

5. The renter may not switch off, move, cover or damage security equipment.

1. Smoking and the use of electronic cigarettes is not permitted inside the accommodation, unless expressly stated otherwise.

2. Smoking outdoors is only permitted in suitable designated places and provided that this does not conflict with the house rules or the applicable local and regional regulations.

3. Cigarette butts and other smoking materials must be fully extinguished and may not be left behind on the grounds, in the garden, on artificial grass or in the natural surroundings.

4. The use of open fire, fire baskets, candles, charcoal barbecues and other fire-hazardous means is prohibited where a local, regional or national ban applies.

5. The renter must immediately follow the instructions of Take a Holiday in Spain S.L., the owner, the local authorities and the emergency services with regard to fire risk and drought.

6. Barbecues may only be used where this is permitted at the accommodation and always under the continuous supervision of an adult.

7. The renter is liable for all damage, costs and consequences arising from the careless use of smoking materials, barbecues or open fire.

8. In the event of a serious breach of this article, the stay may be terminated immediately without any right to a refund.

1. During the stay, the renter is fully responsible for the accommodation, the contents and all damage caused by them or their fellow guests.

2. Damage, loss or defects must be reported to Take a Holiday in Spain S.L. immediately upon discovery.

3. If damage or a fault is not reported in good time and additional damage arises as a result, the renter may be held liable for this additional damage.

4. Costs resulting from negligence, improper use or intentional damage shall be recovered in full from the renter.

5. The renter is liable for damage caused by fellow guests, visitors and any pets brought along.

6. Take a Holiday in Spain S.L. acts solely as an intermediary between the owner and the renter and is liable only for damage that arises directly from intent or wilful recklessness on the part of Take a Holiday in Spain S.L.

1. Force majeure means any circumstance over which Take a Holiday in Spain S.L. or the owner cannot reasonably exercise control.

2. This includes, among other things: wildfires, natural fires, earthquakes, floods, extreme weather, storms, lightning strikes, water shortages, power outages, internet outages, failures at utility companies, government measures, war, terrorism, pandemics, strikes, road closures and other calamities.

3. In the event of force majeure, Take a Holiday in Spain S.L. and the owner shall endeavour to limit the consequences as much as possible and, where possible, to offer a suitable solution.

4. Temporary failure of facilities such as pool installations, internet, television, air conditioning, hot water, electricity or water does not automatically give any right to a refund or compensation.

5. If an accommodation has become uninhabitable due to force majeure before arrival, Take a Holiday in Spain S.L. shall endeavour to offer a suitable alternative or to refund the rental sum already paid if no alternative is available.

1. The renter must report any complaints to Take a Holiday in Spain S.L. as soon as possible, and no later than within 24 hours after they arise.

2. The renter must always give Take a Holiday in Spain S.L. a reasonable opportunity to resolve the complaint.

3. Complaints that are only reported after the end of the stay, where they could reasonably have been reported during the stay, can no longer be dealt with.

4. Independently booking another accommodation without prior consultation with Take a Holiday in Spain S.L. does not give any right to reimbursement of the costs incurred.

1. Take a Holiday in Spain S.L. processes personal data in accordance with the applicable European and Spanish privacy legislation (GDPR).

2. Personal data is used solely for the performance of the booking, legal obligations and the provision of services to the renter.

3. The full privacy policy is published on the website of Take a Holiday in Spain S.L.

1. All texts, photographs, logos, descriptions, floor plans and other content on the website are the property of Take a Holiday in Spain S.L. or are used with the consent of the rightholder.

2. Without prior written consent, these may not be copied, published or used commercially.

1. All agreements to which these general terms and conditions apply are governed exclusively by Spanish law.

2. Disputes shall first be resolved by mutual consultation.

3. If no solution is reached, disputes shall be submitted to the competent court in the province of Málaga, unless mandatory law provides otherwise.

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

2. The most recent version is always available on the website of Take a Holiday in Spain S.L.

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

4. In all cases for which these general terms and conditions do not provide, Take a Holiday in Spain S.L. shall decide with due regard for reasonableness, fairness and the applicable Spanish legislation.