TERMS & CONDITIONS
Terms and Conditions are applicable for all bookings
By requesting an online quotation, or by completing an online reservation/booking, or by placing your booking over the telephone, or by signing and posting/faxing a booking form, you accept these Terms and Conditions as a binding contract between SmartRentals Marbella on behalf of yourself and any other members of your party. SmartRentals cannot accept your booking without a signed booking form, or a completed online reservation, or an email request to reserve your villa, or your verbal confirmation to proceed given over the telephone. A written/emailed booking confirmation sent to you by SmartRentals means SmartRentals has accepted your booking, subject to receiving your deposit.
EMAIL ADDRESS, TELEPHONE & PASSPORT COPIES
It is vital that we have a valid email address. If you change this you should inform us immediately. We correspond by email. Once your booking has been made and we have received your deposit, all further correspondence is by email. We will also email you all of the information that you’ll require to get to the villa. We also require a mobile phone so we can contact you during your stay. In order to comply with rental laws, we also require a copy of all guest passports at least 14 days prior to arrival. Failure to provide passport copies within this time may result in cancellation of your booking. We also require the telephone number of any person(s) who are paying for the villa or apartment rental by credit/debit card. For all payments made by credit/debit card the cardholder must be present on arrival at the villa, and must show their credit card and passport as proof of card ownership and verification.
PAYMENT, RESERVATION AND DEPOSIT
Upon booking and confirmation that your requested dates for villa rental are available we charge a non-refundable 25% deposit of the rental price, plus any additional concierge services you have booked for you and your party. Your reservation is only guaranteed once your deposit has been received. The remaining balance of the rental price, plus any additional concierge services you have booked, plus an additional fully refundable security/damages deposit. (This is dependent on which rental you choose) is due two calendar months before the rental start date. Bookings made less than two calendar months before the rental starts must be paid in full upon booking. You will be emailed a reminder for the balance and the date it is due to ensure payment is made in time. Payments are made by bank transfer into our bank account or via credit card (details will be sent to you to make payment). Failure to make your balance payment on time could result in you losing your booking.
Payments made by debit or credit card. Debit cards carry no issuing surcharge. MasterCard and VISA credit cards carry a surcharge.
The security deposit has to be paid with your balance payment. We require you to inform us of any serious damage or breakages caused during your stay, and a list of all breakages, stains, or damages in writing upon leaving. Where time permits we like to do a quick initial check of the property when you depart. We understand that sometimes this is not possible due to various time constraints; such as leaving for your return flight, your guests using the bedrooms or packing or our representative not being available / have sufficient time to check the villa. A full and detailed check will take place after your departure and before the next guest’s arrival. You will be advised of any faults or damages found after this detailed check (pictures will be taken if possible) and we will advise you as soon as possible the cost of repair or replacement. Sufficient time must be allowed for us to do this, as we are often waiting for suppliers to give us quotations.
Anything damaged, spoiled or broken will be charged at the replacement cost. The security deposit will be refunded after the property is fully cleaned and checked as detailed above. Should the security deposit not cover all the damage, repair or replacement caused then we will request extra funds to make up the difference. You authorise us to charge your credit card to cover such additional damage or replacement costs, or if no credit card was supplied you agree to transfer the additional funds within 7 days of the notification of the extra costs.
ARRIVAL AND DEPARTURE TIMES
On the first day of your rental, the villa will be ready for you from 4pm. You may arrive between 5pm and 8pm. However in some cases we will leave the keys for you at our lock boxes, If we are able to arrange for you to drop your bags at the villa if you arrive earlier. After 8pm you will incur a charge to cover out of hours staff costs should you require a one on one check in. If your flight is delayed or cancelled, you are required to contact our property management so we can notify everyone involved. Failure to notify us of any flight delay or expected villa arrival time of more than 30 minutes, will result in a charge of €100. If there is any delay, please call and text the mobile number of the villa manager you have been given in your arrival information. If for any reason you can not contact the villa manager you may phone us during daytime office hours Mondays through Fridays from 9am – 5pm (EST) +34 951 134 967
On your departure day please be ready to meet our representative for an initial villa inspection between 9.30 – 10am. The villa must be vacated by 11am latest
Unless by prior agreement with ourselves, failure to leave by 11am will incur an extra half day rental charge. Failure to leave by 2pm on your departure day will incur an extra full day rental charge.
CANCELLATION AND REFUNDS
If you cancel your booking more than two calendar months before your arrival date then you will lose your 25% deposit only and any non-refundable concierge costs. If you cancel your booking within two calendar months of your arrival date then you will be liable for 100% of the villa rental and any non-refundable concierge costs.
No exceptions to this policy can be made for any reason, therefore holiday insurance with a cancellation policy to cover any such rare occurrence is strongly recommended.
CHANGES TO BOOKING AND PROPERTY AVAILABILITY
SmartRentals reserves the right to amend the booking dates. This may be due to several reasons, not limited to but including, war, adverse weather conditions, riots and or matters concerning participants safety, operational circumstances such as damage caused by fire, or the villa becoming unusable due to utility company work or lack of services, leaks, repair work or any other such reason. In these circumstances the booking may need to be adjusted accordingly. SmartRentals is not liable for any additional costs or losses that may be incurred by the client due to the change of booking. This includes, but is not limited to, any extra hotel reservations or car rentals, or the cost of non-refundable airline tickets. Situations may arise which, in our opinion, make it necessary for us to alter the normal booking schedule. If you cannot accept the dates of any new booking that SmartRentals propose, then you can propose alternative dates which SmartRentals will consider, and may request an additional sum if SmartRentals agree to those dates. We advise that your travel insurance covers holiday curtailment.
In the event before your arrival, or during your period of rental, your villa choice becomes unavailable or unusable for any reason, excluding Force Majeure, we reserve the right to offer you an alternative property of the same level of quality and in a similar area, or to refund all monies paid to date and cancel the booking. We reserve this right in the case of availability clashes, unexpected, unforeseen or uncontrollable situations. Should ULVR successfully be able to offer a similar property and location, a pro rata refund for the difference will be refunded if the property offered is a lower rental cost for the same period. If SmartRentals is not able to find a similar property then a full refund of monies paid will be returned, or in the case that some time has been used already at the property before it becomes unavailable then a pro rata refund will be given. This constitutes the maximum liability of SmartRentals. SmartRentals are not responsible for any other expense or costs incurred including rearranging or cancelling flights or car hire. We strongly recommend holiday insurance cover.
SmartRentals recommends that you take out adequate travel insurance, including cover for medical treatment, accidents and repatriation, and holiday cancellation and curtailment. It is your responsibility that you arrange, or ensure your party has appropriate comprehensive travel insurance. This includes cover for illness, personal injury and travel delay/cancellation. We assume that such a policy is in force before you depart.
VILLA RENTAL RATES AND PRICE GUARANTEE
Prices quoted or viewed on our website are those in effect at the time when you made your booking, and remain guaranteed once the 25% reservation deposit has been paid. Once a price has been agreed and deposit paid SmartRentals will not change this price under any circumstances, thus guarding against any future price increases.
We are responsible for providing the services listed on our website, where it is within our control. We carefully and regularly monitor our properties. SmartRentals cannot guarantee that all items listed on our website will be functional at all times, however all endeavours will be made to rectify any problems as soon as we possibly can. We reserve the right without prior notice to withdraw any part or all of the facilities available, and to make such changes as may be necessary. Furthermore, it is agreed by you that the owners, operators and agents of the rental properties of SmartRentals are not the guardians of any customers safety and they, individually or collectively, cannot be held liable in any way for any occurrence, which might result in illness, injury, death or other damage, loss or theft to the customer, his property, or his family, heirs, or assigns. The liability of SmartRentals is limited to a total of the booking price irrespective of the title/claims
SMARTRENTALS AGENTS AND REPRESENTATIVES
Our agents and representatives are not a party to this contract, nor are they responsible or liable for failure to provide any service as may be described in our literature pertaining to the contract.
YOUR DUTY OF CARE
You agree to keep the villa at all times clean and tidy. If any spillage occurs or breaks it must immediately be wiped and cleaned. Under no circumstances can glass or crockery be left outside as it attracts insects and rodents, as well as can be broken by the wind. Under no circumstances can glasses, bottles or crockery be taken into the pool or jacuzzi. Plastic glasses, plastic bottles and drinks cans must only be used. If a member of staff sees any glass items or bottles either in or around the pool then the pool will be drained and checked for broken glass. Depending upon the pool size a cost between €1200 and €2500 will be charged to replenish the water and the pool will be closed whilst this happens.
You make sure that the villa is in the same condition when you leave, as it was when you arrived. You must leave the villa clean and tidy in all rooms, glasses and kitchen items must be collected and washed, and any rubbish must be bagged and disposed of before you leave. It is acceptable to load the dishwasher and start the cycle. Towels can be left in the bathrooms. If the villa is not left in a clean and tidy state then you will be charged €350 for a villa cleaning service. Please let us know immediately if something gets broken, stained, marked or damaged during your stay so that we can replace it at once. Depending on what is broken, we may have to make a charge.
When you leave a room you must turn off the lights, fans, and especially air conditioning and other high-energy consumption devices. Air conditioning should never be left on in rooms unoccupied as it only takes 5 minutes to cool a room. Again, air conditioning should never be switched on in rooms with either doors or windows open, this not only defeats the purpose of putting on the air conditioning, but can also lead to breakage of the air conditioning system as it will be overworking trying to cool a room to a desired temperature that it will never be able to reach. If our staff see air-conditioning left on in unoccupied rooms, and rooms with exterior doors and windows left open they will disable the air conditioning unit immediately. Hot tubs, in-pool water jets, saunas and steam rooms should also be switched off when not in use.
The villas are thoroughly checked before your arrival for any damages and any problems that cannot be fixed are recorded. If you see any stains or markings especially on fabrics, scratches on glass surfaces, broken items of furniture, doors or any item not functioning, you should report it as soon as possible after you arrive and within the first 24 hours after arrival. After you depart the damages found by the villa representative will be final.
YOUR VILLA INCLUDES
The use of the villa and its facilities as described on our website or your booking confirmation. Please note, SmartRentals cannot guarantee that all items or facilities listed on our website will be functional at all times. If you or we find a fault, all endeavours will be made to rectify any problems as soon as we possibly can, you must advise us straight away of any such problems. Items break down, and utility services can get interrupted however rare. No refunds or rate adjustment shall be made for unforeseen mechanical failures. At times we can be in the hands of outside contractors, or waiting for spare parts, but we will push them as hard as we can to rectify any faults as quickly as possible. If your property has a heated pool it is operational and is needed in the months of your rental then dependent on the villa the additional fee will be added.
You will be given two sets of keys. You may also receive an electronic remote control for garages, entrance gates or estate entrance gates. If this is the case in which you lose or misplace the keys an amount of €100 is charged to obtain a replacement. It is required you leave a spare set of keys in the lock box. This box has a unique code set for yourself and must not be changed. If you do change this code and we cannot open it, we charge for the replacement of the key safety box €500, as there is no way to open it. This amount was deducted from the security deposit.
All keys and security cards must be well guarded and returned to our villa representative upon your departure. If any keys or cards are lost, a front door security costs €70 to replace, electronic remotes cost €95.
In many of the bedrooms at our villas in Spain we have installed small safes where you can store your valuables. It is strongly recommended that it be used to store valuable items such as passports, cash, travellers checks, mobile phone, cameras, and jewellery. Any valuables left at the property are the guests’ sole responsibility and neither ULVR nor the staff can be held responsible for any loss or damage of personal property. If you do not remember the login code, please inform the villa representative immediately. If the villa staff are required to open the safe outside of normal working hours then a charge of £50 will be made.
Our properties are non-smoking properties. Smoking is only allowed outdoors. Please do not throw cigarette filters or cigarette/cigar stubs in gardens or plant pots. If our gardener is required to collect cigarette stubs from these areas a charge of €35 per hour will be made for his time in doing so. If the house smells of smoke then a cleaning of the fabrics will be performed which will cost between €200 and €400 per room depending upon how much of the villa (sofas, curtains, linen etc.) need to be cleaned.
USAGE OF DRONES
As in most countries, Spain has strict laws about the usage and licensing of drones. Drones and pilots must be registered and licensed and in no circumstances can drones ever be flown over private estates and residences. As such, drone flying is strictly prohibited over any of our properties. If you are caught flying a drone the fines are exceedingly high and your deposit will be used to pay the fine and any additional funds required will also be your responsibility and will be sought from you. If you are seen flying a drone by our staff at the property, your security deposit will be held for a minimum period of 6 months to cover any forthcoming fines.
SmartRentals, our villa manager, maintenance team, gardener, housekeeping staff, the representatives of SmartRentals, estate security or the police, or SmartRentals subcontractors have the right of access to the property and property grounds at any time for the purpose of property maintenance, cleaning, linen changes, pool cleaning, garden maintenance, villa inspection and/or viewing and to carry out any essential or routine repair or maintenance work. Except for the essential repairs, security inspections, maintenance, cleaning and regular gardening we will make every effort to schedule such brief showings at a time convenient to you, to respect your privacy, and not interrupt your stay.
OCCUPANCY / MAXIMUM CAPACITY OF PROPERTIES / ADDITIONAL GUESTS
Under no circumstances may more than the maximum number of persons specified in the property description, and listed on the booking confirmation, whichever is lower, occupy the property except by prior written agreement by SmartRentals. The property cannot be re-let or sublet to any other group/party or individual without the written approval of SmartRentals.
PRIVATE CHEFS AND CATERING PROVIDERS
For the protection of the property and our guests we only allow approved third party catering suppliers. If you would like a private chef we can help arrange one for you. In the past we have found that chefs need access to the villa very early and late and this can compromise the security of the property unless we approve the chef. Chef’s also have a habit of being very messy, and can cause extensive damage to the kitchen of a private villa. For this reason we only allow chefs approved by SmartRentals in advance. A charge of €125 a day is made for each day a chef is not used by SmartRentals. Any damage caused by a chef or caterers you contract is the responsibility of the guests. Under no circumstances can third party contractors be given keys or property access codes.
OTHER EXTERIOR CONTRACTORS
For the protection of the property and our guests we only allow approved third party suppliers. All guests must request the approval by SmartRentals in advance. This includes all third party suppliers including babysitting services, fitness instructors, DJ, musicians and all entertainments services. Under no circumstances can third party contractors be given unaccompanied access (without the prior approval of SmartRentals), or keys or property access codes.
NOISE DISTURBANCE, EVICTION
Our properties are all located within exclusive private locations. We therefore request you respect our neighbours and keep your noise to acceptable ‘talking’ levels. If you wish to play music in the evenings then please do so but inside with the doors closed only – never outside. Loud music inside the villa should not be played after 10.30pm. Please keep background music to talking levels when outside. Failure to observe these rules could result in immediate eviction in severe cases and/or loss of your security deposit. We monitor noise levels, and if a group does make an unacceptable noise incident, or we suspect that any group booking may cause noise disturbance, we also reserve the right to post security guards within the grounds of the villa during the stay. This will incur and additional charge of €600 for 24 hours, or €300 per night/12 hours.
SmartRentals wishes to maintain a family atmosphere for the quiet enjoyment of our guests. We rent to families and responsible adults. Guests shall be respectfully quiet and peaceful, so as not to disturb other residents in the immediate area. The community has very strict rules regarding noise that must be respected. These set strict guidelines are to control excessive noise. It is a criminal offense for people to cause noise and nuisance which results in people being unable to relax and enjoy their home and community life.
To avoid noise and nuisance to neighbours it is recommended:
- To monitor the level of sound being emitted from electronic devices at all times of the day.
- Place music systems on rubber mats and facing towards our properties to help absorb sound.
- If going out or returning home late at night take extra care not to disturb neighbours through loud voices and slamming of (car) doors.
- Make sure the children are playing in a way that is considerate to neighbours and not causing a disturbance.
If we receive a complaint from our neighbours we will notify you directly to reduce your noise. If we then receive a second complaint about careless or excessive noise our community will penalise us with a €250 fine. This amount will be deducted from your security deposit. If we receive a third complaint, this complaint is likely to result in contacting the local authorities and/or police requesting that the person responsible reduces the noise and nuisance to neighbours and the community. At this stage, the local authorities may request the villa to be vacated which will result in immediate eviction. If this happens your deposit will be forfeited. The penalties for causing excessive noise are both quickly administered and strictly enforced.
BACHELOR, BACHELORETTE, STAG, HEN DO’S AND OTHER LOUD PARTIES
Our properties are luxurious, and located in prestigious estates, so whilst perfect for family holidays, couples getaways, corporate, health and golfing retreats, we do not welcome Bachelor or Bachelorette, Stag or Hen parties, as it says on our website. Whilst special occasions such as anniversaries and birthday parties are allowed, Stag, Hen do’s and other loud parties with DJs are not. We also do not allow same sex groups with an average age of less than 30 years old. Please be warned if any group arrives that do not comply with these terms then they shall be refused permission to check into the villa. Your security / damages deposit will be returned, but your rental payment will be lost. If we suspect that any group booking may cause noise disturbance, we also reserve the right to post security guards within the grounds of the villa during the stay. This will incur an additional charge of €600 for 24 hours, or €300 per night/12 hours.
Generally, we do not accept animals to any of our villas. However, there may be certain exceptions, such as dogs for the blind. In such cases, you must obtain written permission from SmartRentals.
UTILITY USAGE AND ENVIRONMENT
SmartRentals take special care to minimise the impact we place on the environment. We feel it is both our and our guest’s responsibility to care for the environment. We, therefore, ask you to think carefully and be thoughtful about the usage of both water and electricity. Included within the cost of your holiday rental is electricity usage to the value of €125 per week. This is ample for normal use of air conditioning, lights, electrical facilities and the hot tub/pool. Some clients, unfortunately, leave all lights, fans, air conditioning and the hot tub heating/pumps running 24 hours per day. If you do this then the cost of a week’s electricity is likely to be 3 to 4 times the level of normal household usage. Extra usage over €125 will be deducted from your security deposit. For example, air conditioning should never be left on in rooms unoccupied as it only takes 5 minutes to cool a room. Again, air conditioning should never be switched on in rooms with either doors or windows open, this not only defeats the purpose of putting on the air conditioning but can also lead to breakage of the air conditioning system as it will be overworking trying to cool a room to the desired temperature that it will never be able to reach. Fans should also be switched off when the room is not being used, as should lights and other electrical items. The hot tub, pool jet, saunas and steam rooms should also be switched off when not in use.
We thank you in advance for your consideration. It not only helps us to keep our rental prices as low as possible, it also saves you any extra costs after your holiday, and helps protect our environment as well.
LIABILITY, DUE CARE AND SUPERVISION/INDEMNITY
You accept and acknowledge that you are responsible and liable for the safety and well-being of all your guests, third parties you contract, and any other persons you invite to stay at our properties during the time of the rental. You and your guest(s) are required to take due care when residing at our properties and be especially watchful of children playing in the gardens, near or in the pool or Jacuzzi, remembering there is no lifeguard, and surfaces can be slippery. Children MUST be under supervision of an adult at all times when staying at the villa and or Apartment. You are not permitted to enter our properties when wet from swimming, as the floors can be slippery. Damage or injury arising as a result shall not be the responsibility of SmartRentals. SmartRentals will be blameless for any injuries incurred during your stay. You are encouraged to act responsibly and courteously during your stay. Under no circumstances can glassware be taken into the pool area, jacuzzi or pool.
LOST AND FOUND
Items left at a property will be returned only upon request and at the guest’s expense. SmartRentals is not liable for lost items. SmartRentals will only hold items for fourteen (14) days before they are discarded.
Weather conditions can be unpredictable, and can change quickly and significantly. SmartRentals cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions.
SmartRentals cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience. In the event of building works taking place by local authorities, private developers or neighbours, it is important to note that we are not responsible for such work and we are unable to stop such work taking place and we are unable to control the level of noise. We cannot be held responsible for any building works that take place during your rental period. No refunds can be given in the event of nearby construction.
If for any reason a chef is not available and if you have paid for additional chef services then you will be refunded the money paid for those services only. SmartRentals cannot guarantee the availability of chefs due to reliance on third party services.
Means any unusual and unforeseeable circumstances beyond our normal control, which the consequences of could not have been avoided even when exercising all due care. Such circumstances or events include but are not limited to, war, or threat of war, riot, civil unrest, epidemics or pandemics, industrial disputes or strikes, unavoidable or unforeseen technical problems with the villa, transport, or closure or congestion of airports, terrorist activity, natural disasters, industrial disasters, fire, theft, flooding and adverse weather conditions. In the event of any of the above then a reduction of services may happen, and refunds or compensation payments cannot be made.
Verbal changes of contract are not valid unless agreed and confirmed in writing by SmartRentals.
LANGUAGE, PRINTING, TYPING, TERMS & CONDITIONS, CALCULATION ERRORS AND OMISSIONS
SmartRentals reserve the right to correct any printing or typing errors, omissions or calculation mistakes at any time. We also reserve the right to amend our terms and conditions that apply to your booking at any time and without prior notice. In all matters the original English language version of these terms and conditions take precedent.
CONTRACT, COMPLAINTS AND SUGGESTIONS
SmartRentals prides itself on the quality of its properties, and accuracy of its villa descriptions but should a guest feel that the villa has not met its description it should first be brought to the attention of SmartRentals representative at the property. If the guest is not happy with the local resolution, then, any further comments or suggestions should be put in writing, within 14 days of your return, specifying the problems to bookings@smartrentalsmarbella.