I. I. Introduction
This document contains the general conditions applicable to Villa rental services purchased from Abahana Villas for accommodation in both properties which are exclusively managed by the company and in properties where it merely provides support services to the owners offering their properties as holiday accommodation. For more detailed information, please refer to the specific conditions of the property booked and your voucher-contract.
The following general property booking conditions are an inseparable part of the agreement between the guest (herein 'you', the 'customer', the 'guest') and ABAHANA VILLAS SLU. Tax Identification Number: B53977450 Avda. Jaime I El Conquistador, 31 03710 CALPE - ALICANTE - SPAIN Tel: +34 965 87 45 40;+34 965 87 45 40 ; +34 965 83 82 33+34 965 83 82 33 Fax: +34 965 83 97 18; Email:email@example.com, (herein 'Abahana Villas', we or us), therefore, by signing this agreement you are agreeing to these conditions in their entirety, regardless of the media you use to make your booking: Abahana Villas telephone booking centre, the Abahana Villas website (www.abahanavillas.com), or third party booking centres, agencies or tour operators with which Abahana Villas has agreements.
Additionally, by booking one of our villas, the guest accepts the special conditions that apply to the specific accommodation booked. These are specified in the voucher-contract that will have been sent to the guest.
The published rates for our catalogue of villas, houses and apartments will always be expressed as daily and weekly rates, in accordance with the rates for each villa that appear on our website.
Published rates for daily or weekly rentals vary depending on the chosen week. Said rates are clearly set out in each villa's fact file on our web, www.abahanavillas.com. During the high season, there is a minimum stay of seven (7) nights and you are required to arrive and depart on a Saturday, unless it expressly states that flexible arrival days are permitted. During the mid and low seasons, arrivals and departures may be permitted on other days of the week and in some cases, shorter stays are also permitted.
In the case of long-term rentals (minimum stay, two months) the published prices are always per month and in accordance with our lists, Arrival and departure may be on any day of the week. In the case of long-term rentals, energy costs (electricity, water, gas, gasoil…) are not included in the price and the guest should pay such costs separately.
In all cases, rates include use of the fully-equipped accommodation, all taxes that apply to the accommodation (VAT, local taxes, community and tourism levies, if any) as well as swimming pool and garden maintenance. Prices do not include additional products such as cancellation insurance, which is optional but highly recommended.
Additional costs such as final cleaning (bed linen and towels), air conditioning, heating during the winter and extra beds, cots, high chairs, pet surcharges and weekly bed linen changes, may or may not be included in the rental rate, depending on the accommodation.
If a guest books any of the aforementioned extras, this information will be specified in the voucher-contract, which will include details of their characteristics, the number of units booked and the price per unit, as well as the total price of all extras booked.
III. Booking and payment conditions
1. Purpose: The booking and the contract are solely for groups or family tourism purposes. They are not for business or another other purposes. We therefore decline all liability to companies or individuals for damages incurred such as loss of earnings or any activity other than group or family tourism purposes.
2. Booking methods: Bookings can be made in person, by telephone, by fax or over the Internet. This notwithstanding, bookings only become binding when Abahana Villas receives the initial payment on account and we have received a duly signed copy of the voucher-contract from you.
3. Payment method: Available payment methods are bank transfer, credit card (Visa or MasterCard), money order or cash. Bank cheques and traveller's cheques are not accepted.
4. Payment options: We offer you several payment options available:
4.1. Monthly instalments: First instalment when booking followed by equal monthly instalments, making the final payment the day of arrival to our offices.
4.2. 30%-50%-20% instalments: A total of 30% of the total booking amount to secure the booking, 50% 60 days before the start of the stay and the final 20% payment on arrival, before receiving the keys.
4.3. 50%-50% instalments: An initial 50% payment on booking and the remaining 50% on arrival, before receiving the keys.
4.4. Advance payment: You can pay the full amount when you make the booking. If you pay the total amount in advance you will be entitled to a 5% discount on the total amount provided the booking is made at least 180 days (6 months) in advance.
You can make use of the aforementioned payment terms subject to the number of days between the date on which you make the first payment and the date of the stay:
a. If you make the first payment more than 180 days in advance (more than six months) of the first day of the stay: You may avail yourself of all the above payment methods.
b. If you confirm the booking between 180 days (more than six months) and 60 days (2 months) in advance of the first day of the stay: Only options 4.2., 4.3. and 4.4. are available. The 5% discount will not apply in option 4.4.
c. If you confirm the booking within 60 days (2 months) prior to the first day of the stay: Only options 4.3 and 4.4. are available. As there is not much time until the start of the stay, the 5% discount will not apply in option 4.4.
The payment conditions are described in the voucher-contract. Under no circumstances will you be handed the keys to the property until the price has been paid in full.
5. Booking cancellation on the grounds of breach of the payment conditions: In the case you do not make any of the aforementioned payment terms within 3 days of the scheduled dates, Abahana Villas will automatically cancel the booking without notice and you will receive an email notifying you of this.
6. Cutting short your stay. If you unilaterally decide to cut short your stay for any reason, you will not be entitled to any reimbursement, because your stay is booked as a unit and is subject to the minimum number of nights stated in the voucher-contract.
7. No-shows: If after forty-eight (48) hours following the start of the stay, you have not come to our offices to collect the keys of the property, or you were not to have specified an arrival day, the booking will be deemed cancelled and you will not be entitled to a discount or to any refund from the total booking price.
IV. Cancellation conditions
Cancellation penalties depend on the booking method, whether or not you have purchased cancellation insurance, and when you cancel in relation to your arrival date.
If you booked using a bank card on the Abahana Villas website (www.abahanavillas.com), you may cancel your booking within 72 hours (3 days) of making the payment, provided you cancel at least 2 weeks before the arrival date. In such cases 100% of the amount paid will be refunded and you will not be required to pay any other amounts outstanding. This option is not available in the case of other booking methods and/or payment, in which case no refunds will be made.
In any case, if you wish to cancel your booking after the 72-hour deadline has elapsed, please note that you will not be entitled to a refund for amounts paid. You will not, however be required to pay any other amounts outstanding.
V. Cancellation insurance
You may purchase a cancellation guarantee from Abahana Villas to cover you from cancellation on the grounds of force majeure (redundancy, accident, illness or death). Should any of the aforementioned events occur, you must obtain official, objective evidence of those circumstances and send it to us by certified mail to the address specified in the agreement for official communication between the parties, giving irrefutable proof of the existence of the event justifying the cancellation. If you have purchase cancellation insurance from Abahana Villas, one of the aforementioned events occurs and you send evidence of this to us by the means specified before finishing the stay booked, Abahana Villas will reimburse the entire amount paid and will make no extra debits for the amount pending payments of the booking. If you do not purchase cancellation insurance, the provisions of Clause VI shall apply, regardless of the cancellation reason.
Additionally, if you purchase cancellation insurance, in the absence of the aforementioned circumstances, the following percentages of money paid on account of the booking will be refunded to you according to the existing period of time between the cancellation date and the arrival date:
a. More than 60 days prior to arrival: Refund of 70% of the amount paid.
b. Between 60 and 29 days before arrival: Refund of 50% of the amount paid.
c. Between 28 and 7 days before arrival: Refund of 10% of the amount paid.
d. Between 6 and 0 days before arrival: Refund of 0% of the amount paid.
VI. Security deposit
In the weekly or daily bookings, at the beginning of your stay, you will be required to pay a security deposit to guarantee correct use and care of the furnishings, equipment and use and departure conditions. The amount will be withheld from your credit card on the day of arrival, but will not be charged to your account unless there is a claim for damage. The deposit form will be returned one week after the end of your stay provided an inspection has shown that the accommodation has not been damaged and all the conditions of use have been followed. The individual characteristics of the villa may imply specific conditions with regard to the security deposit, which will be defined the special conditions of the accommodation.
On the contrary, when booking a long-term rental (at least 2 months), a warranty or a deposit will be required, depending on the accommodation, in order to guarantee the proper use of the property, the preservation of furniture, household equipment, usage and departure conditions, as well as to guarantee payment of the energy-related expenses. The afore-mentioned deposit will be paid by the guest by credit card on the day of arrival and it will be returned at the end of the rental period, subtracting from the returned amount any outstanding energy-related services. The warranty deposit will be retained until the afore-mentioned bills are in our possession. Noncompliance with the departure and usage conditions will imply the loss of the guarantee deposit.
VII. Arrival to the villa
In order to take possession of the villa, you must pay all amounts outstanding, including any extras, and pick up the keys from the office at the address on the date and time specified in your voucher-contract.
If you intend to arrive out of the time band stated in the voucher-contract, you must contact Abahana Villas to arrange the hand-over. In such cases, a €50 supplement will be charged to cover the additional costs incurred by our team, who will have to hand over the property outside their normal working hours. Please see the special conditions for each property.
VIII. Departure from the villa
You must leave the villa before 10.00 am in the same condition in which you found it, tidy and without rubbish on the property. If you do not do so, you will be charged the supplement as defined in the special conditions stated in the voucher-contract. In serious cases the security deposit will be charged to your debit or credit card.
The price charged for final cleaning carried out on departure covers cleaning the property at the end of the stay. It includes a complete villa clean but does not include dishes, cutlery and kitchen utensils or taking rubbish to the nearest communal waste bins. If you vacate the property leaving the dishes and cutlery dirty or you leave rubbish in or around the property without depositing it in the nearest communal waste bin, you will be charged in your bank card an additional €50.
If you vacate the property and we find the furniture in a significantly different position, you will also be charged to your bank card an additional €50.
If any damage is identified or any items are found to be missing from the property after your vacate the property, your credit card will be charged to cover the cost of these matters to the limit established as a security deposit. Once your card has been debited to compensate for the breach of the contractual obligations, Abahana Villas will contact you to explain why the additional amounts have been charged. If the damage you have caused is not covered by the security deposit then you will be notified by email or by telephone. If we are unable to come to an agreement, we will take steps to recover the cost of this through the relevant legal channels as defined in Clause XIV.
IX. Conditions of use
a. Responsibilities of the undersigned occupant. When you book accommodation for other occupants (in addition to yourself) you become jointly and severally liable for the total rental price and for any damage caused by their behaviour and by the behaviour of others staying with them in the rented accommodation.
b. Maximum number of occupants: The booking is valid for the maximum number of occupants stated in the booking form. Use of the accommodation by more than the specified number of occupants is not permitted. If you exceed the maximum number of occupants, the rental agreement may be rescinded and you will lose your security deposit. In this case, any payments you have made will not be refunded and you will be liable to pay the total rental cost. If you intend to accommodate more than the specified number of occupants in the property, you must submit a written request to Abahana Villas prior to the arrival date. Abahana Villas reserves the right to refuse permission or, at its discretion, to allow this, making an additional charge as appropriate. You undertake to limit occupation of the accommodation to the maximum number of occupants specified in your booking, in the absence of a written agreement to the contrary. This requirement applies to every night of the stay.
You are not allowed to change the identification of more than fifty per cent of the occupants who have started the stay without giving prior authorisation from Abahana Villas.
c. Celebrations and parties: Celebrations and parties may only be held in booked accommodation when the number of guests attending is equal or or smaller than the maximum number of occupants permitted in the villa. You must abide by the hours and rules governing each location. Organising and holding of celebrations and parties for third parties is not permitted, regardless of the number of guests attending.
Holding celebrations, parties and events with more than the maximum number of occupants authorised in the accommodation is therefore forbidden. Breach of this clause will lead to total cancellation of the booking without the right to a refund of the price paid.
Should the guest wish to hold a celebration or a party, we recommend that you notify us of this before making your booking so that we may see if there is a villa that could potentially meet your needs in terms of the number of guests and other conditions. In any case, this will only be permitted if the guest obtains written permission from Abahana Villas and pays the corresponding extra cost and security deposit.
d. Pets: Pets are only permitted when this is specified on your booking voucher-contract and if these pets are of the characteristics and size described.
If we find that you have brought one or more unauthorised pets onto the property, Abahana Villas reserves the right to automatically cancel your stay and you will be required to vacate the villa within eight (8) hours. This is because the owners of the accommodation only authorise animals on the property when expressly stated in the property conditions and/or the voucher-contract. In the case of villas where pets are permitted, Abahana Villas will not require you to vacate the property, however, you will be charged a penalty of three times the established rate for pets. The minimum penalty will be €150.
The presence of animals which are objectively and clearly not as you described is considered as well a breach of contract and enable Abahana Villas to cancel the stay. You will also be liable to pay the additional charges detailed above.
e. Access to the property: During the stay, the accommodation is exclusively for your use. However, you are required to give access to staff from Abahana Villas and other authorised persons during your stay to comply with our obligations described in this document, to clean the swimming pool, maintain the garden and make any repairs or to perform other tasks deriving from incidents occurring on the property during your stay. In any case, the staff at Abahana Villas will ring the doorbell or knock twice before entering the villa and will only use the key if you do not answer the door.
f. Abahana Villas reserves the right to annul or cancel the rental if there is reasonable suspicion that you have or will cause serious damage to the property. If you breach of these conditions of use and/or the departure conditions we will automatically rescind this agreement and you will lose your security deposit. See special conditions of the accommodation booked.
g. Electricity consumption: Depending on the date of your booking, Abahana Villas will provide you with details of the applicable air conditioning or heating rates. This rate is established based on a maximum daily consumption defined for each accommodation. If you consume more electricity that the maximum threshold defined, your debit or credit card will be charged for this amount to compensate the property owner for the additional expenses incurred. Your are urged to make responsible and reasonable use of heating and air conditioning equipment to avoid incurring additional costs during your stay. See special conditions of the accommodation.
h. Cleaning costs: The cost of cleaning the accommodation at the end of your stay is included in the booking price and is subject to the provisions of clause VIII of these general conditions. This is stated clearly both on the Abahana Villas website and on the voucher-contract and booking form. Generally, its cost is paid on the arrival date when you are given the keys to the property. Cleaning costs during your stay are only included if specified in the voucher-contract either because they are included in the accommodation selected as stated in the property details on the Abahana Villas website or because they have been booked as an extra service via the Abahana Villas website or through our booking team.
i. Bed linen and towels: Bed linen and towels are included in the rental price, however, bed linen and towel changes during your stay are not included unless otherwise stated in the special conditions of the accommodation or booked as an extra as part of the stay. Please check the specific conditions applicable to the property in question on our website.
j. Keys to the property: You will be handed a full set of keys to the property on arrival. No additional sets of keys will be provided unless otherwise stated in the special conditions applicable to the property. If you do not return the keys or they are mislaid, you will be charged an additional €100 to compensate the company and any subsequent occupants for damage and inconvenience. This amount will be deducted from your bank card.
k. Additional facilities: In many cases, if stated directly when making the booking, you may request a range of additional equipment or services through the Abahana Villas website or through our booking team such as: extra bed/s, cot/s, baby chair/s, play equipment, etc. We recommend you talk to our booking team in advance to make sure that the equipment is available during your stay.
X. Changes to bookings or cancellation by Abahana Villas due to unforeseeable circumstances
Abahana Villas, SLU reserves the right to substitute the accommodation you book with similar accommodation in the event of a serious unforeseen event which makes it impossible for you to stay in the accommodation booked. If it is not possible to accommodate you in a similar property or the accommodation proposed is not to your liking, you will be offered alternative dates or as a last option your booking will be cancelled and the entire amount you have already paid will be refunded to you.
XI. Benefits and liabilities
With the exception of typing errors, the information describing the accommodation offered is given in good faith based on inspections of the properties and the property owners' statements. Abahana Villas undertakes that the accommodation is as described in its general conditions, although you understand and accept that there may be occasional changes to the contents as a consequence of its use such as different electrical appliances, outdoor furniture or decorative items, which are replaced on a regular basis.
Abahana Villas declines all liability for any changes affecting the accommodation or its surroundings which are not controlled directly by Albahana Villas. You specifically accept that you are not entitled to claim any compensation on the grounds of any of the following anomalies which are unforeseeable and cannot be prevented by Abahana Villas:
1. Building work. The accommodation offered generally consists of private property belonging to different individual owners. This is generally located in large residential areas. The accommodation tends not be located on tourist complexes meaning there is an unlikely possibility that there will be unexpected building work going on in the vicinity. This building work is usually carried out by property owners, building contractors or governmental organisations with whom Abahana Villas has no relationship, and over which it therefore has no control. Therefore, when booking the accommodation, you understand and accept that neither Abahana Villas nor the property owners are liable for any nuisance caused by works which are not carried out by the supplier of the accommodation.
2. Satellite/Cable TV: If the description states that there is satellite or cable TV in the property, this does not necessary mean that it is possible to receive all the channels you would like. Property owners, most of whom are foreign, have decoders which do not necessarily receive all international channels.
3. Water, electricity and Internet: Water cuts, electricity outages and Internet failures are not uncommon on the Costa Blanca, particularly when the area is catering for large numbers of visitors. Municipal and/or regional authorities may decide to temporarily cut off or restrict supplies and services. Abahana Villas and the property owner decline all liability for such inconveniences and for damages caused by such restrictions.
4. Accidents and thefts: Neither Abahana Villas nor the property owner accept liability for loss, damage or injury (injuries, illness, death, material damage or theft) sustained by your or your companions during your stay. By booking the accommodation you accept that you are responsible for the safety and security of your own belongings and you understand that you may not hold Abahana Villas or the owner of the villa liable for any such incidents. In order to minimise the potential risks, you are urged to exercise extreme caution when using the cooker and the swimming pool areas, which are particularly hazardous to occupants. We also urge to to be very careful to close and lock doors and windows for your own security. These recommendations are particularly relevant when there are children and elderly people among the occupants.
Abahana Villas offers medical, accident and theft insurance, which can be purchased to cover you and your companions during your stay and which covers the aforementioned risks.
XII. Suggestions and incident reporting
Abahana Villas has a preventive system for dealing with incidents occurring that is put into operation during the winter months, as well as a preventive weekly inspection that monitors specific control points on the property. These procedures are designed to prevent and/or to detect the vast majority of incidents in our property portfolio in order to ensure that you have an unforgettable stay. We would also be grateful if you would notify us by telephone or make a note on the suggestion forms available in the villa of any incidents or suggestions which may not have had a significant impact on your stay but which will help us to continue to improve the services we provide to our customers.
Notwithstanding our quality and customer service policy, because our accommodation is fully booked during the summer, some incidents may potentially be detected during your staying in the accommodation you have booked. Please notify us of any such issues during the first 48 hours of your stay by calling the 24-hour incident telephone number, to enable us to resolve the issue as quickly as possible, reducing any impact it may have on your stay to the greatest possible extent. If you do not notify us of any issues within the first 48 hours, you will have not right to complain about any defects you detected on arrival. We need you to notify us of such incidents to ensure that you are not held responsible for any breakages or damage caused by previous occupants that were not detected by our team during the inspection prior to your arrival.
It is important that you, as the property guest, understand and agree that some incidents may arise naturally as a result of the natural use of the property and that on some occasions these incidents are unforeseen and as a result they are impossible to prevent (for example, septic tank problems, boiler problems, broken taps, electrical faults, etc) or beyond our control (example: general power cuts, building work or animals in the vicinity, insect problems, etc.).
We at Abahana Villas will do everything within our power to resolve or minimise the impact of any incidents occurring during your stay. This notwithstanding, by booking a stay the guest agrees that Abahana Villas shall be responsible solely for matters over which it has control and a real capacity to resolve during his or her stay and that certain events, particularly during the high season, may take longer to resolve than the guest might wish, due to their requiring the attention of specialised suppliers whose availability is not always guaranteed.
We ask you to collaborate to detect and accurately report any potential incidents or issues that could potentially arise during your staying and that you do so politely and with a constructive attitude to our team, who are committed to doing everything they can to resolve the problem but who nevertheless need your collaboration and respect.
Incidents and complaints must be reported or made by calling the Abahana Villas telephone numbers or by coming to our offices and not through third parties.
If it is not possible to resolve the incident in situ to your satisfaction within 48 hours of your call, you may make a written and reasoned complaint to the Abahana Villas office mentioned in your contract. You must make this complaint before the end of your stay. Claims made after the end of the stay will not be applicable and you will lose all your rights with regard to the incident observed. If you move to alternative accommodation provided by Abahana Villas or you leave the property early without notifying Abahana Villas, you will no longer be entitled to receive any potential compensation in this regard.
XIII. Validity and contractual term
The contractual relationship is subject to the jurisdiction of the Courts of Denia, which will resolve any complaints or disputes in connection with stays in our accommodation.
XIV. Data Protection
Pursuant to Statutory Law 15/1999 on protection of data of a personal nature, you are hereby notified that your data will be included in a customer database by this company, for the purposes of your commercial relationship with us, and to send you further information about our company. You are also notified that you are entitled to exercise your right to access, correct and cancel your information.