BOOKING CONDITIONS (version 20200516)
These Booking Conditions, our Website Terms of Use, and where you book your accommodation through our website will form the basis of your agreement with Spain Sun Rentals Properties SL (NIF: B93705747), Calle Joaquin Herrera 5, Nerja, 29780 Malaga, Spain. They apply to holiday accommodation rentals which you book with us and which we agree to make, provide or perform as applicable as part of our agreement with you.
Spain Sun Rentals Limited (SSR) is the company that holds the ownership of the rights and assumes the obligations that derive from the present contractual relations; in this text, we will refer to Spain Sun Rentals as "we", "us" and "our", using its commercial name.
References to "you" and "your" are references to the person making the booking and all members of the holiday party or the person/s to whom the booking is transferred.
Any Booking is subject to the conditions below. These Booking Conditions form the basis of your contract with us so please read them carefully. Nothing in these Booking Conditions affect your normal statutory rights.
SPAIN SUN RENTALS (SSR)
SSR is an intermediary agency for short-term holiday rental accommodation, and offers, via the adequate publicity, fully equipped self-catering properties to guests by days, weeks or months.
SSR is responsible for:
-> all communications between the Accommodation Manager, the SSR booking team and the guests
-> collecting all information about guests renting or seeking to rent an accommodation
-> receiving confirmation payments for rentals
-> marketing the Accommodation Manager's accommodation or properties
1. DEFINITIONS
The following definitions will apply within the current document:
"Accommodation": considered as the apartment, casa, cortijo, villa or other space which is offered for rental for short stays.
"Accommodation information": consists of the description of the accommodation, its location, photographs, indication of its capacity or number of occupants, number of bedrooms, bathrooms and their type and indication of its equipment (furniture, electrical appliances and facilities).
"Accommodation Manager (AM)": the person who owns the accommodation (owner) or is authorised to rent it for short stays. This person will meet the guests upon arrival and check-in, collecting the remaining of the Rental Amount (if applicable) and providing the keys to the guests. During check out, this person will be responsible for the collection of the accommodation keys and the return of any security deposits back to the guests.
"Adult": any person aged 16 years and above that will also need to be registered with the local police
"Arrival Date": the date shown in the Quote when the guest/s will arrive to the accommodation. In most cases, arrival to the accommodation will take place after 2 pm. Earlier arrivals must be agreed with the Accommodation Manager. Arrivals after 8 pm might be subjected to a Late Arrival Fee.
"Baby/Infant": a child aged up to 2 years that could sleep in a cot
"Balance Payment": the amount left to pay after paying the Booking Confirmation Fee. This is the amount payable to the Accommodation Manager in either cash on arrival or via SSR (bank transfer, PayPal, Credit Card).
"Booking": the rental of an accommodation for an agreed period between a guest and an Accommodation Manager for a set price and number of people.
"Booking Confirmation Fee": the initial amount required to confirm a booking. This amount will include SSR's commission and any deposit required by the Accommodation Manager.
"Check-in / check-out": refers, respectively, to receiving the guest/s upon their arrival, the delivery of the keys or otherwise making available of the accommodation and the departure of the guest from the accommodation and the return of the keys.
"Child": a child aged from 3 to 15 years that could sleep in a bed
"Cleaning Fee": refers to the price for cleaning the accommodation (by the Accommodation Manager) that can be added to the total rental price for the whole stay. It is a fixed predetermined amount that is normally added to rentals of up to 6 days. The cleaning cost is included in the prices for rentals of 7 or more days. See section 2.4 for more details. Any Cleaning Fee will be used to clean the accommodation, furnishings, fixtures and fittings following your stay and is non-refundable.
"Confirmed Booking": a booking is confirmed in writing once the booking confirmation fee has been received by SSR. Proof of payment from the guest does not confirm a booking.
"Departure Date": the date when the guest/s will leave the accommodation. In most cases, departure will be by 10 am unless agreed with the SSR/Accommodation Manager. In some cases, it might be possible to leave the luggage at the accommodation to be collected a bit later in the day, but all options must be agreed with SSR or the Accommodation Manager.
"Force Majeure": applies to any of the following situations: natural disasters, volcanic eruptions, fires, acts of war, local or national state of emergency declared by the corresponding authorities, fulfilment of an order by public, national, regional, provincial or port and airport authorities, military action, terrorism, biological, chemical or nuclear explosion, ceasing of transport services, airport closure, loss of water or electrical supply to the accommodation by the local suppliers or any other exceptional emergency situation which prevents the guest from travelling or occupying the accommodation.
"Guest": the person who rents, for a short stay, an accommodation from an Accommodation Manager for themselves or for a group.
"Late Arrival Fee": in some cases, when the arrival of the guest/s to the accommodation takes place after 8 pm, some Accommodation Managers might charge a small fee for the inconvenience. This fee will be shown in the booking details for the accommodation. Please inform SSR during the booking process of any late arrivals. If applicable, this amount will be paid in cash on arrival to the Accommodation Manager.
"Local Agent": person working on behalf of SSR and responsible for the relationship with the Accommodation Manager (checking accommodation status/condition, communication about arrivals/departures) and the communication with the guests (and requests/issues) during their stay by offering translation services and local knowledge. The local agent is not responsible for the accommodation, security deposit or meeting the guests during check-in / check-out, however whenever possible, this person will try to be in contact with the guests during their arrival to the accommodation.
"Nightly price": the rental price of the accommodation per night. The nightly price may or may not include the cleaning fee unless renting for 7 or more days where the cleaning fee is always included.
"Overbooking": refers to the commitment of the accommodation by the Accommodation Manager to more than one guest or person who is interested in the rental for the same dates or for any other reason which prevents the guest from occupying the accommodation (breakdown of facilities, maintenance works, etc.).
"Portal": the online system which guests can access (after login with a username and password) through the SSR web page, to update, change, verify or edit information of their bookings.
"Quote": information shown on the website or email sent to the guest describing the booking process, Rental Amount, Booking Confirmation Fee and any other amounts required to complete the booking.
"Rental Amount": the amount charged for the rental of an accommodation by a guest. Generally, this amount also includes the costs for water, electricity, linen, towels and a final clean-up of the accommodation. The Rental Amount is made by the sum of the Booking Confirmation Fee and the Balance Payment.
"Security Deposit": an amount of 150 Euros or more which is used to protect accommodation owners against any breakages, loss, damage, unpaid local charges, additional housekeeping and any other charges. This amount will be refunded to you on departure (if you paid the Security Deposit in cash) or within 4 weeks of your return date less any damage, losses, unpaid bills, additional cleaning services (if accommodation left in a very dirty state), rubbish disposal, etc. In the event of substantial damage/abuse to an accommodation during your stay, we might ask you to leave and find alternative accommodation at your own cost. Should the Security Deposit prove inadequate to fully cover any costs that arise, then we reserve the right to invoice you for immediate payment.
"Website": It shall be understood as the online booking system with web pages about the accommodations provided by SSR or other platforms such as Airbnb, Holiday Lettings, Home Away, Trip Advisor, Spain-Holiday, etc.
2. BOOKING PROCESS
2.1 Booking Types
The Accommodation Manager decides the type of booking process to be followed by SSR.
The bookings will be done in one of those three ways:
2.1.1. Automatic - Dedicated Properties
Bookings are made automatically through the website and paid online. SSR confirmed bookings cannot be modified or cancelled by the Accommodation Manager, and will always have priority over any other bookings.
If the calendar dates of the accommodation remain available, they can be booked online at any time of the day, 24 hours a day, and all days of the week.
2.1.2. Upon request - Dedicated Properties
As soon as SSR receives a booking enquiry or request for an accommodation, we will confirm by email if the accommodation is available.
2.1.3. Upon request - Shared Agent Properties
As soon as SSR receives a booking enquiry or request for an Accommodation, we will inform the Accommodation Manager (by email or phone) about the enquiry or request. The Accommodation Manager will inform SSR if he/she wants to take this booking ensuring its availability.
SSR will collect basic information about the request such as arrival and departure dates, number of occupants, email, contact number and country of origin. If the Accommodation Manager confirms he/she wants to take this booking, SSR will go ahead and offer the accommodation to the guest and request a Booking Confirmation Fee. If the guest decides not to take the booking, SSR will inform the Accommodation Manager.
2.2. Booking Confirmation
2.2.1. All bookings will be made at least 24 hours in advance before the arrival, except for last minute bookings, which the Accommodation Manager will have previously accepted by e-mail or by telephone with an email confirmation.
2.2.2. To book an Accommodation with us you must make the payment of the Booking Confirmation Fee specified in the website or in the initial Quote we emailed to you. The price specified in a written quote will take priority over any prices published on the website. Booking Confirmation fees are payable immediately. If the Booking Confirmation fee is not received by SSR within 2 business days from the date of the confirmation email, SSR will open the calendar dates for other clients.
2.2.3. If the Quote stipulates that you pay a Booking Confirmation Fee followed by a Balance Payment, you must make both payments within the time periods specified. If the Quote asks you to make a payment in full, you must pay the full amount by the due date. If the Quote specifies that any Security Deposit and/or a cleaning or other fee(s) are payable, you must also make that/those payment(s) within the time specified.
2.2.4. The contract between the Accommodation Manager and you will only be formed when you have paid either the Booking Confirmation Fee of the full Rental Amount and is subject to these Booking Conditions. You should check carefully the details of your booking in the confirmation email before making a payment and inform us immediately of any errors or omissions.
2.2.5. As soon as SSR receives a Booking Confirmation Fee or full payment for an accommodation, SSR will inform the Accommodation Manager, facilitating the details of the guest/s (name, number of occupants), the details of the booking (arrival & departure dates, times) and any special requirements (baby cot, high chair, etc.).
2.2.6. SSR is responsible for contacting the guests before their arrival date to agree a time for check-in and collecting payments (see section 3 related to payments). SSR will contact the guest and the Accommodation Manager a few days before the expected arrival date at the booked accommodation to confirm the arrival details.
2.2.7. The Accommodation Managers are responsible for issuing an invoice for guests for their rental amount. SSR will be happy to ask the Accommodation Manager for such invoice if requested by their guests.
2.2.8. SSR will make available to the guest both a telephone number of the local SSR agent and a telephone number of the Accommodation Manager to use for any enquiries or questions.
2.3. Arrival & Departure
2.3.1. The Accommodation Managers define the arrival and departure days for their accommodation/s. Those days are clearly defined in the website and might vary from accommodation to accommodation and during different seasons. When flexible arrival/departure is possible, SSR must confirm the dates with the Accommodation Manager.
For example:
2.3.2. You can arrive at the accommodation after the time specified by us on the Arrival Date for your holiday and you must leave by the time specified by us on the departure date we give you. We will let you know these times by email. If your arrival will be delayed, you must contact SSR or the person whose details are given on the booking confirmation so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the accommodation.
If you fail to arrive by midday on the day after the Arrival Date and you do not advise SSR of your anticipated late arrival, we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us. See the Cancellation Policy in section 5.
2.4. Cleaning
The Accommodation Manager is responsible for performing a full cleaning of the accommodation after each guest have checked-out and to present the accommodation in a perfect state of cleanliness and hygiene on every check-in for the new guests. Any cleaning fees are paid to the Accommodation Manager to cover such services. SSR is not responsible for the cleaning of the accommodation.
2.4.1 Types of cleaning services:
2.4.2. Cleaning services per length of rental:
2.5. Special needs and requirements
Our accommodations may not be ideally suited for clients with disabilities, although some are more suitable than others. If you have a disability and need specific answers to specific questions, then you must ensure that this has been put in writing to us and that we have included these details on your final confirmation. We are unable to take any responsibility for the lack of suitable facilities without knowing your requirements. If, acting reasonably, we feel unable to confirm the chosen accommodation fits the needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, we might cancel the booking when we become aware of these details. Any costs resulting from cancellation will be invoiced to you for immediate payment.
2.6. Special requests
If you wish to make a special request, you must do so prior to completing the booking confirmation pages or within a reasonable amount of time thereafter. We will try to pass any reasonable requests on to the relevant Accommodation Manager but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation email or any other documentation, or that it has been passed on to the Accommodation Manager is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. Please note we accept no liability for any item/arrangement not confirmed in writing by us.
2.7. Accommodation Prices, Websites Accuracy & Taxes
We reserve the right to alter the prices and description of any of the Accommodations shown in our websites. All information in any of the websites used by SSR to publish its properties, has been compiled from information provided by the Accommodation Managers. It is not possible for SSR to confirm the accuracy of the information provided for all Accommodations.
Some online booking platforms charge extra fees for bookings made via their platforms. SSR might add such fees to the final prices shown in such online booking platforms and hence be different from the prices shown in SSR’s own website and other booking platforms. This pricing difference is also applicable to any offers SSR might have for various properties which could vary from other online booking platforms.
Important note:
-> The information and prices shown on any of the websites used by SSR may have changed by the time you come to book your accommodation. Although we make every effort to ensure the accuracy of the information and prices at the time of publishing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking. The current total price of your rental will be detailed on the booking confirmation email. Exchange rates might also affect the final price of a rental.
There may be occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance, water shortages, unsuitable weather conditions, fuel shortages, power cuts, and other circumstances beyond our control. If we are advised of this, then we will of course inform you as soon as possible, but we cannot be held liable in such circumstances. It is also important to remember that some facilities, such as shops, restaurants, spas, communal pools, water sports and water parks etc. may not operate always and may be closed during your rental.
It is not always possible to show photographs of pool tables and other facilities at our properties. Furniture and fittings may sometimes vary from brochure or website photographs. Please visit our website for the latest photography and most up to date accommodation information. If a facility offered in your chosen accommodation is essential to the booking of your holiday, please ensure that we are made aware of this prior to you completing the booking confirmation process.
Google Earth/Maps are to give you a further guide to the location of the accommodation. However, we cannot guarantee the definition of the location of your accommodation and it is subject to whatever Satellite image Google publishes. New and updated Satellite images are being uploaded by Google on a regular basis which sometimes results in the movement of our marker and please remember that the shot of your area may have been taken several years ago. The accommodation and the immediate area around your accommodation may have altered significantly. These views are for your reference only and we accept no responsibility for any inaccuracies.
Any additional or newly imposed Government Taxes or charges are not included in your arrangements with SSR and are payable locally.
3. PAYMENT PROCESS
3.1. All bookings will require a Booking Confirmation Fee to be paid by bank transfer, online (e.g. PayPal) or by credit card (over the phone/website).
3.2. Balance Payment Types
The Balance Payment will vary per the time of the booking and the Accommodation Manager payment requirements. There are 2 different types of payment process:
3.2.1. Cash on arrival
Some Accommodation Managers might request that the Balance Payment is paid in cash on arrival. If this is the case, you will be informed during the booking confirmation process.
3.2.2. Payment Methods
For bookings where Accommodation Managers do not require the payments in cash on arrival, the Balance Payment must be paid at least 8 weeks before the arrival date. The payments will be possible by credit card, bank transfer or PayPal. Payments by PayPal will be subjected to a service fee of €30.
Bookings for arrivals less than 8 weeks of the checking-date will be paid in full.
SSR will transfer to the Accommodation Manager their rental amount on the check-in date or soon after.
If the guest does not pay the Balance Payment for the amount due, SSR may cancel the booking if this is communicated in advance to the Accommodation Manager and the guest. Under no circumstances will SSR assume responsibility for the obligations of the guest.
3.3. Security Deposit Payments
The Security Deposit payment must be paid either by cash on arrival or as an authorisation in a credit card before the check-in date. The payment method will be confirmed during the booking process.
4. OBLIGATIONS OF THE ACCOMMODATION MANAGER
4.1. The Accommodation Manager is responsible for ensuring that the accommodation complies with all applicable regulations for a short-term holiday accommodation as established by the Spanish legislation and European Union, including the registration of the accommodation for holiday lets. SSR is expressly exempt of all responsibility and penalties in this regard and will require from the Accommodation Managers the confirmation that their accommodation has been officially registered.
4.2. All public liability towards the guest/s with relation to their usage of and stay at the accommodation falls upon the Accommodation Manager. For that reason, the Accommodation Manager is obliged to have valid public liability insurance.
4.3. The Accommodation Manager is responsible for the adequate maintenance of all the furniture, equipment, facilities, cleaning and services.
4.4. Provisioning
4.4.1. The Accommodation Manager will ensure the following items are available in the accommodation at the beginning of the rental:
-> BBQ cleaning equipment
-> Broom & dust pan for sweeping (some properties might have a vacuum cleaner)
-> Bucket & mop
-> Hand-wash soap liquid or soap bar in all toilets
-> Tea towels
-> Toilet paper (at least 1 roll per toilet)
4.4.2. The following items will not be provided and guests will need to buy them:
-> Bleach or other disinfectant
-> Degreaser liquid or multipurpose cleaner
-> Dishwasher tablets
-> Kitchen paper towels
-> Food and drinks
-> Sponge
-> Washing powder for washing machine
-> Washing up liquid
4.4.3. Bed Linen & Towels
The Accommodation Manager must provide sheets, blankets and towels clean and in good condition. Hand towels and bath towels are not meant to be used for the pool or the beach. Beach towels may or may not be offered by the Accommodation Manager, please check your booking and let us know if you need beach towels as they might be available for an extra fee.
4.5. Outside Facilities
The Accommodation Manager is responsible for maintaining all the outside facilities in good & usable condition. This means a safe, clean and tidy surrounding for guests. The Accommodation Manager must provide as well garden furniture (sun beds, parasols, table, chairs, etc.).
4.5.1. Pool maintenance
The Accommodation Manager or a person hired by the Accommodation Manager will be responsible for cleaning the swimming pool before the arrival of the guests and they are required to ensure the pool has safety signage and necessary chemicals to comply with health regulations. This includes attending to the accommodation if there is bad weather or if the guests request it.
4.5.2. BBQ maintenance
The Accommodation Manager must provide appropriate equipment and instructions for the cleaning of the BBQ (a metal brush, soap, etc.) and up-keep of the BBQ in good working order. If there is a gas BBQ at the accommodation, the Accommodation Manager must provide a gas bottle. Guests must pay for any gas used for the BBQ if the Accommodation Manager so requires it. The cleaning of the BBQ must be done by the guests before their departure. If the guests do not clean the BBQ before departure, the Accommodation Manager is entitled to keep a part of the security deposit to cover the costs and cleaning of the BBQ.
4.5.3. Gardens and trees
The Accommodation Manager or a person hired by them will be responsible for maintaining the garden area, patio and terraces in good condition at all times.
4.5.4. Parking areas
Any provided parking areas must be kept tidy by the Accommodation Manager or a person hired by them. Any access gates must be kept in good working order and if they are operated by electricity the Accommodation Manager must provide a remote control with spare batteries. The Accommodation Manager must also provide guests with instructions (and key if required) on how to operate the access gates manually in case of failure or a breakdown.
4.6. Costs
4.6.1. The Accommodation Manager will be responsible for covering the following costs:
4.6.2. Costs for additional services such as Internet and air conditioning may or not be included in the rental price. Such costs will be clearly indicated in the accommodation information in the website and the Booking Confirmation email.
5. CANCELLATION POLICY
5.1. If you cancel or amend your booking
The Booking Confirmation Fee is not refundable. If you need to cancel or amend your Booking you must write to us or email us as soon as possible. A cancellation will not take effect until we receive confirmation in writing or via email from you. All Booking Confirmation payments are non-refundable. The location of the accommodation, the views, the lack of specific language satellite TV channels, the number of air conditioning units or the speed or reliability of the Internet connection will not be a sufficient reason for cancelling a booking. See section 6 for more details.
Bookings that require the Balance Payment to be completed before arrival will require the guest to send the balance payment 4 weeks before arrival. The refund of the Balance Payment money to guests will be per the cancellation terms below:
If, after SSR has dispatched a written confirmation of your booking, you wish to alter any of the arrangements made (e.g. adding an extra person), SSR will do its best to accommodate your wishes and may charge an administration fee of 30 Euros per person per change, along with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of your holiday dates may be treated as a cancellation of your booking and the appropriate cancellation charges will apply as it might be very late and difficult for SSR to find other guests for such dates.
5.2. If we amend or cancel your booking
We would not expect to have to make any changes to your booking, but sometimes problems occur (i.e. problems with the accommodation) and we do have to make alterations or, very occasionally cancel bookings. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking.
If we need to change your Accommodation, we will aim to find an alternative accommodation for the dates you have agreed with us as well as the type of accommodation initially booked. If you do not agree with the proposed change, you will be entitled to cancel the booking and we will refund you any fees you have already paid to us, including the Booking Confirmation Fee.
If we cancel your Booking and can’t provide a suitable Accommodation, we will refund you any fees you have already paid to us, including the Booking Confirmation Fee.
In case of cancellation due to any of the scenarios above, we will not be liable to refund you for any fees you may have paid to any third party about your holiday (including, without limitation, fees for travel, airplane tickets, airport transfers, car rental, entertainment activities or insurance).
5.3. Behaviour
We reserve the right in, our absolute discretion, to terminate your rental if your behaviour, or the behaviour of people in your group, is likely, in our opinion or that of our employees, Accommodation Managers, SSR agents or suppliers, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements. We reserve the right to refuse any bookings that we think will be a nuisance to the Accommodation Manager.
5.4. Force Majeure
In the case a guest cannot occupy an accommodation due to Force Majeure; the booking will be deemed as cancelled and any refunds will be as follows:
-> If the Force Majeure event occurs before the guest arrives to the accommodation, sections 5.1. and 5.2. will apply.
-> If the Force Majeure event occurs while the guest/s are at an accommodation and they cannot remain at the accommodation, SSR will aim to find alternative accommodation for the remainder of the rental. If an alternative accommodation can’t be found or the guests do not like any of the options offered, SSR will refund the amount corresponding to the number of days of the rental which the guest could not enjoy due to force majeure.
5.5. Third-party Platform Bookings & Cancellations
For bookings completed via a third-party platform such as Airbnb, Holiday Lettings, Home Away, etc., SSR will follow whatever cancellation policy has been setup for the specific accommodation at the platform used for the booking including judgement and final ruling in the handling of the cancellation. If there are no cancellation policies specified at such platforms, this document will apply.
6. YOUR OBLIGATIONS AS GUESTS
6.1. You agree to:
-> comply with the regulations set out in any accommodation manual provided to you and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party
-> immediately inform the Accommodation Manager and SSR about any issues with the accommodation, its furnishings or any items that are not as specified in your Booking Confirmation email, including and not limited to cleanliness, issues with white goods (washing machine, fridge, etc), air conditioning, pool, etc.
-> keep and leave the accommodation and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition
-> not to cause any damage to the walls, doors, windows or any other part of the property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties
-> take all necessary steps to safeguard your personal property and your own safety and the safety of those staying at the accommodation
-> ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage)
-> remove any rubbish (including empty bottles and cans) to the nearest public rubbish container
-> allow the Accommodation Manager or any representative of SSR access to the accommodation at any reasonable time during your stay for the purpose of essential repairs or in an emergency.
6.2. You cannot allow more people to stay in the accommodation than expressly agreed at the booking time and authorised by the Accommodation Manager, nor can you significantly change the makeup of the party during your stay in the accommodation, nor can you take your pet into the accommodation unless it shown in your Booking Confirmation email or detailed in other correspondence and agreed with us in advance. If you do so, we can refuse to let you into the accommodation, demand extra payment or can require you and your group to leave the Accommodation.
6.3. We will treat any of these circumstances as a cancellation of the rental by you and we shall be under no obligation to refund you for fees already paid to us in those circumstances. Any refund will be at our sole discretion.
6.4. All Single Sex and/or Young Parties might be charged a higher Security Deposit than normal which will be included in your Booking Confirmation email and will be payable with your Balance Payment. Accommodation Managers require us to charge higher levels for single sex groups and/or young parties.
7. COMPLAINTS
7.1. Every effort has been made to ensure that you have an enjoyable and memorable holiday. Should you have a problem on your holiday, it is a condition of booking with us that you must report it to the Accommodation Manager and our local agent. Any verbal notification must be confirmed in writing as soon as possible. The Accommodations are provided with Complaint Forms.
7.2. SSR and its agents must be given the opportunity to resolve any issues brought to our attention and allowances be made by you for any local conditions regarding the reasonable amount of time taken to rectify the problem. It is not acceptable to make a serious complaint after you have come home when our local agent and SSR in the UK were not clearly made aware of the severity of your concerns. It is therefore extremely important that if you have a complaint that is seriously affecting your holiday enjoyment, you must make our UK office and the SSR local agent aware of your concerns as soon as possible. Complaints of a transient nature (for example regarding water pressure/availability, internet speed/availability, electrical or air conditioning issues) cannot possibly be investigated unless registered whilst you are in residence.
7.3. If you wish to pursue your complaint on your return home, then all complaints must be made in writing through the party leader, and no other members of the party, to Customer Services at SSR in the UK within 14 days of your return home. Any claims made more than 14 days after your return date will not be considered. Except in respect of claims involving death and personal injury. Failure to follow these procedures, communicated only through the party leader, will reduce or extinguish any rights you may have to claim compensation from us or the Accommodation Manager.
7.4. The SSR agent will intermediate between the guest and the Accommodation Manager if any issues arise during the stay. For bookings completed via a third-party platform such as Airbnb, Holiday Lettings, Home Away, etc., SSR might have to inform such third party of the complaint and follow their policies, judgement and final ruling in the handling of the complaint.
8. BUILDING WORKS
8.1. From time to time, building work and its associated noise is unavoidable. We do not control such work, and most times neither SSR nor the Accommodation Manager receive advance notice of when it will begin or last. Most minor refurbishments and/or maintenance work being carried out at other properties in the area would not affect your holiday; however, if we become aware of works taking place that may reasonably be considered as significant and likely to seriously impair the enjoyment of your holiday, we will notify you as soon as possible.
9. OUR LIABILITY
9.1. Our maximum liability for losses you suffer as a result of us acting in breach of these terms and conditions is strictly limited to the total fees you have paid for the Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaking these Booking Conditions. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
9.2. Your Booking is made as a consumer for renting an accommodation and you acknowledge that we will not be liable for any losses howsoever suffered or incurred by you. We shall not be liable to you for any personal injury or damage to or loss of personal property, except where the injury, damage or loss is caused by our negligence.
10. APPLICABLE LAW AND JURISDICTION
The present Agreement shall be governed by Spanish law. Any disputes relating to or accruing from the interpretation, fulfilment and execution of the present Agreement shall be settled in the city of Malaga, both parties renouncing any other jurisdiction that might correspond to them.
11. GENERAL
You may not transfer your Booking or any rights and responsibilities under these Booking Conditions to any other person, without our prior written consent. If at any time any part of these Booking Conditions is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission. These Booking Conditions, together with the Quote, the Booking Confirmation email and the Cancellation Policy contain the entire agreement between us and you relating to the Booking and supersedes any previous agreements, arrangements or discussions.