GTC

Scope of Services

§ 1 The property
Miraflores spans more than 25 hectares of tropical garden and pool facilities that offer you the peace and tranquility for perfect relaxation on grounds owned by a community of private owners. All of the pool areas located inside the H&S residential property are protected against public access by code-secured doors and gates.

Along with a diligently maintained infrastructure, the premises boast a central club house, providing a restaurant (international a la carte cuisine), lounge and bar. A show program is performed in the imposing lighted pool area nestled into tropical gardens. At the club house, guests also have the option to book local events and day trips to attractions in the region.

Court rentals are available at the tennis center on the property, where guests can also make arrangements for courses taught by renowned tennis coaches year round. A British style lawn bowling facility is also available. Miraflores has its own guard services, which work out of their own office and operate their own fleet of vehicles within the boundaries of the property and provide surveillance services 365 days a year, 24 hours a day.

§ 2 Holiday rental
As a tenant you will move into a property facing South/South West, which will be thoroughly prepared and cleaned by H&S for your arrival. The location is depicted in the attached Exposé. You will enjoy panoramic views as well as the following basic amenities:

Alarm system - Glass enclosed patio, flexible opening options - Climalit double glass windows - Polished marble flooring - Tastefully designed customized furniture in dark wood - Premium quality leather sofa arrangement, includes a sleeper sofa (190x145cm) - Work station for notebooks with high speed Internet access (subject to fee) - 32“ LCD flat screen monitor TV with international satellite reception - DVD player and CD music station with USB connection - Custom designed bedroom with queen-sized bed, dimensions 160x200cm - Premium quality breathable Bultex foam mattresses (>20cm) - System built-in cabinets with ample storage space and safe - Custom designed built-in kitchen with granite surfaces, Ceran cooking range, range hood, refrigerator/freezer combination unit, hot water heater, juicer, toaster, drinking water tap and comprehensive assortment of dinnerware - Bathroom with daylight window, double washstand, multifunctional shower head, electronic fan heater and hair dryer - Washing machine, iron and ironing board - Tastefully appointed interior design and accessories

§ 3 Services included
VAT (8%), all incidental fees, ample supply of beddings and linen, towels and beach towels, final cleaning. Airconditioning surcharge: € 3,50 (July, 1 to August, 31)

§ 4 Services optional at extra cost
In addition to the services already included in your arrangement, you may book supplementary services for a reasonable service charge. All information regarding these supplementary services can be found on our website and in the literature you will find in your holiday rental.

Car hire (incl. airport transfer), Child-adequate accessories including crib, play pen, high chair, etc. - High-speed Internet - GPS Navigation and others

§ 1 Rental agreement
The lodging provider, hereinafter referred to as H&S and the contracting party, hereinafter referred to as tenant, shall, upon placement of a reservation request by the tenant and the submission of a reservation confirmation by H&S, enter into a rental agreement. Upon acceptance of the reservation confirmation by the tenant, and – if agreed upon – upon payment of a deposit, the tenant shall acknowledge the lodging terms and conditions as well as the cancellation policies set forth below as binding.

The reservation request of the tenant may be placed by letter sent through postal services, via fax, via e-mail or via phone. Along with the written reservation confirmation from H&S, which shall be sent to the tenant via postal services, fax or e-mail, the tenant shall receive all relevant information pertaining to the rental agreement. The tenant shall assume responsibility for the fulfillment of the contractual obligations of all of his/her travel companions.

§ 2 Due date and payments
Upon receipt of the reservation confirmation, the tenant shall be required to pay a deposit equaling 25 % of the total rental cost, unless H&S accepts a binding reservation request in the absence of a deposit by indicating so in the reservation confirmation. The balance amount of the rental cost may be transferred by the tenant as agreed upon prior to the activation of the rental agreement; however, it shall be due for payment at the latest upon handing over of the keys on departure day, either in cash or via credit card (VISA or Mastercard). Extra charge for airconditioning July and August: € 3.50/day.

§ 3 Termination and cancellation
Any cancellations and and termination of the rental agreement prior to the agreed upon term of the rental shall be subject to the following conditions:

3.1) The tenant shall be required to terminate the agreement in writing by sending a pertinent notice to H&S via postal services, fax or e-mail. In the event of litigation, the burden of proof that a termination notice was given shall be on the tenant.

3.2) The cancellation fees due in the event of a cancellation or non-arrival shall be calculated on a pro-rated basis in percent of the total rental cost depending on how close to the lease activation date the cancellation notice is submitted:

0%: up to 30 days prior to arrival day. 25%: 30 to 7 days before arrival day. 50%: 7 days or less before arrival day.

3.3) In the event that the tenant should terminate after the lease has already been activated by way of departing prematurely, i.e. prior to the end of the rental agreement as agreed upon in the reservation confirmation (departure date); and if this should be done for reasons H&S is not responsible for, H&S shall be entitled to payment of the full rental cost. Any exceptions from this provision are set forth under Section 7.

§ 4 Duration and Occupancy
The rental term is the time between the arrival and departure date stipulated in the reservation confirmation. The tenant may check into the rental property on the day of arrival after 3 PM and shall be required to vacate the apartment on the departure date before 12 noon. Other arrangements may be available upon request. Only the number of guests stipulated in the reservation confirmation may check into the rental property. Children are considered guests.

§ 5 Liability
The scope of the services booked may be derived by the tenant from the service description provided by H&S and in the documentation provided to the tenant (if applicable), as well as from any verbal information provided and arrangements made.

5.1) H&S warrants that the rental property shall be in perfect condition and guarantees the correctness of the described scope of services. Based on this good faith arrangement, H&S shall be fully liable to the tenant for the compensation of damages resulting from any goods and/or services not received. In the event of litigation, the burden of proof that such goods or services not received were part of the described scope of services shall be upon the tenant. Within the framework of a conventional insurance policy, H&S shall not assume any liability in the event of theft, fire and water damages to the tenants belongings, but only to the inventory of the property.

5.2) The tenant, on the other hand, shall be liable for any damages to persons or property caused by the tenant or the tenant’s travel companions, provided such damages verifiably exceed normal wear and tear caused by use if such use is proper. Tenant shall also be liable for the loss of the rental property, the furnishings and objects of use. Parents shall be liable for acts committed by their children.

5.3) Unless the tenant is provided a rental vehicle through the mediation of H&S, the tenant is liable for any damages to the vehicle within the framework of the scope of the booked insurance, according to the lease contract of the vehicle provider, but no more than up to the agreed deductible (usually € 0,-). The tenant with the hand over of the vehicle obliges himself both during use as well as upon return, upon presentation of the mandate with apparent severity of the penalty, to pay for all transgressions caused by him and sanctioned by the Spanish authorities such as wrong parking, speeding, etc.

§ 6 Obligations of the Tenant
The tenant shall undertake to handle the rental property and all devices and objects of use provided in same, as well as the included rental car with caution and adequate care. Any and all damages caused by the tenant and/or his/her travel companions shall be reported to H&S immediately and shall either be reimbursed in kind or through payment of the value of the object in new condition.

The tenant and his/her travel companions are urged to smoke only on the outdoor patios. Any cleaning work and/or elimination of damages evidently caused by smoking shall be billed separately to the tenant by H&S.

§ 7 Warranty
In the event that any damages should be found inside the rental property upon check-in, same shall be reported to H&S immediately. In the event that a deficiency should have a considerable adverse impact on the stay and H&S is unable to come up with a remedy within a reasonable period of time, the tenant shall have the right to make a deduction from the rental cost. Moreover, the tenant shall have the right to cancel in the event that an act of force majeure, such as a natural disaster, a fire, etc. should have a substantial adverse impact on the rental agreement or make same impossible. In such a case the already paid rental cost for the balance of the rental agreement shall be reimbursed.

§ 8 Severability
In the event that individual provisions of these lodging terms and conditions as well as these cancellation policies should be null and void, ineffective, contestable or impracticable or become subject to either one of these conditions, this shall not affect the remaining provisions. In such cases, the parties shall mutually strive to arrive at a permitted provision that meets the intended provision, in a manner that is acceptable for both parties, as closely as possible.

§ 9 Place of Fulfillment & Jurisdiction
The place of fulfillment for all claims arising from the rental agreement shall be the location of the rental property.
The competent circuit court Mijas Costa, Province of Málaga, Spain, shall have jurisdiction.