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 others where it merely provides support services to the owners offering their properties as holiday accommodation. For more details and specific information, please refer to the particular conditions of the property booked and your contract.
The following general property booking conditions are an inseparable part of the agreement between the occupant (herein 'you', the 'customer', the 'occupant') and ABAHANA VILLAS SLU. CIF (Tax ID): B53977450, legally registered with the Valencian Tourist Board. No.EGVT625A, Avda. Jaime I El Conquistador, 31 03710 CALPE - ALICANTE - SPAIN Tel: +34 965 87 45 40; 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: the Abahana Villas telephone booking centre, the Abahana Villas website (www.abahanavillas.com), or third party booking centres or websites of other agencies or tour operators with which Abahana Villas has agreements.
Additionally, by booking one of our villas, you accept its special conditions, which are specified in the contract sent to you.
The published rates for our portfolio of rental villas, houses and apartments will always be expressed as daily and weekly rates as applicable to the individual properties appearing on our website.
The rates published for daily or weekly rental vary according to the week chosen. These rates are clearly specified in the details of each villa on our website, www.abahanavillas.com. The rates, the minimum stay and the arrival days may vary depending on the season, so we recommend searching by dates on our website. The rates of stays contracted per day/week include the energy costs, but exclude the supplement required for the use of Jacuzzis or heated swimming pools.
The rates published for long stays, applicable to bookings of at least two months (60 days) are always per month, with arrival and departure on any day of the week. In the case of long stays, energy costs are not included in the rental rate and must be paid separately by the occupant on the basis of the actual consumption, as indicated by the meters.
For all bookings, the rates include use of the fully-equipped accommodation, taxes that apply to the accommodation (VAT, local taxes, community and tourism levies, if any), as well as cleaning, management and maintenance costs. The rates do not include cancellation insurance, which is optional but highly recommended.
Potential extra costs arising from the request of additional items not included in the villa, such as extra beds, fans, cots and high chairs, in addition to surcharges due to the accommodation of pets in the villa, weekly bed linen changes, etc., are not included in the rental rate, unless specifically indicated in the details of the property booked on the Abahana Villas website. If you book any of the aforementioned extras, this information will be specified in the 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 tourism purposes, not for the purposes of business, the staging of events, advertising activities or activities of any other kind. We therefore decline all liability to companies or individuals for damages deriving from loss of earnings or any activity other than tourism.
2. Booking methods: Bookings can be made by telephone, email or through the website www.abahanavillas.com. This notwithstanding, bookings only become binding when Abahana Villas receives the initial payment on account from the occupant.
3. Payment method: Payment can be made by bank transfer or bank card (credit or debit, with the exception of American Express). Bank cheques, traveller's cheques and cash are not accepted.
4. Payment by instalment: We offer you several options for paying by instalments:
4.1. First instalment when booking, followed by monthly instalments (the date of the monthly payments is calculated on the basis of the day of arrival). You will make the final payment at least 48 hours before arrival.
4.2. 30%-50%-20% instalments: An initial 30% payment on booking and 50% 60 days before the start of the stay. You will make the final 20% payment at least 48 hours before arrival.
4.3. 50%-50% instalments: An initial 50% payment on booking and the remaining 50% at least 48 hours before arrival.
4.4. Full payment: You can pay the full amount when you make the booking. If you pay the full amount in advance, you will be entitled to a 5% discount on the booking subtotal (this does not include final cleaning and any extras), provided that this payment is made at least 30 days before arrival and it is not a long-term rental.
You may 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 start 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 any of the above payment methods.
b. If you confirm the booking between 180 days (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.
c. If you confirm the booking between 60 days (two months) and 30 days (one month) in advance of the first day of the stay: Options 4.3 and 4.4. are available.
d. If you confirm the booking less than 30 days prior to arrival: options 4.3 and 4.4 are available, but the 5% discount for advance payment will not be applicable.
e. If you confirm the booking less than 7 days prior to arrival: only payment option 4.4 will be available, and the 5% discount for advance payment will not be applicable.
The payment conditions are described in the contract. Under no circumstances will you be handed the keys to the property until the full amount for the booking has been paid. If you pay by bank transfer and if the full amount has not been received at the time of arrival, the amount overdue will be blocked on your credit card. This amount will be released once payment has been received. If you do not have a credit card, the amount overdue will be charged to your debit card, and once the transfer has been received, this amount will be returned.
5. Booking cancellation on the grounds of breach of the payment conditions: Once more than 3 working days have passed after a deadline for payment, the booking will automatically be cancelled. Abahana Villas undertakes to send the occupant non-payment reminders and notification of imminent cancellation by email, to prevent non-payment as a result of forgetfulness.
6. Extending your stay: If you wish to extend your stay in the villa you have booked, arriving before or leaving after the date you initially indicated, you may put this request to Abahana Villas' bookings department or modify your stay in the user area on our website www.abahanavillas.com, provided that the villa booked is available for the dates required. You will be charged for the extra nights at the pre-established rate for the period in question, taking advantage of special offers or discounts should these apply.
7. Cutting short your stay: If you decide to cut short your stay for any reason, you will not be entitled to any type of reimbursement, because your stay is booked as a unit and is subject to the number of nights stated in the contract
8. Request by occupant to change villa: A change of villa for a confirmed booking is not permitted, except for cases listed in Clause 10.
9. Request by occupant to change dates: If you wish to stay the same number of nights in the villa that you booked, but you wish to bring forward the dates you initially chose, the following conditions must be complied with.
a. If you wish to bring forward the dates of your stay and the villa is available, the change can be processed if you respect the restrictions of the villa in question. If this leads to an increase in the amount payable for the booking, you will be obliged to pay this before the start of your stay. Under no circumstances will there be a reduction in the amount payable for the initial booking, nor will any part of the amount paid be refunded.
b. If you wish to divide the nights of your stay into two or more periods and the villa is available, Abahana Villas, SLU will consider your request, but will reserve the right to reject it. Should it be accepted, each period will have to comply with the minimum stay requirements and will be treated individually as a change of dates. Each period will be treated as a booking and the conditions of point a. in the "request by occupant to change dates" section will apply. Furthermore, the occupant will have to pay the administration charges corresponding to this modification.
10. No-shows: Forty-eight (48) hours after the start of the stay, if you do not come to our offices or you do not show up on the date on which you have informed us you will arrive, the booking will be deemed cancelled and you will not be entitled to a discount or to a refund on 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.
Reasons of force majeure such as weather conditions, epidemiological factors, public safety, air or coastal pollution, etc., shall under no circumstances lead to the full or partial refund of the booking amount.
V. Flexible cancellation insurance
a. Coverage: The flexible cancellation insurance enables the guest to cancel their booking without penalty, automatically and safely replacing the booking with a credit voucher for a new subsequent booking. However, the flexible cancellation insurance does NOT entitle the guest to any reimbursement of the money already paid, it only allows the rescheduling of his stay for a later date.
b. Application: The flexible cancellation insurance applies exclusively to guests who have subscribed to it and/or have this insurance included in their booking contract.
c. Valid causes for cancellation: The cancellation will be valid for any reason, including those related to Covid-19. The guest will not need to justify or prove the cause of the cancellation for it to be effective.
d. Deadline to inform booking cancellations: Free cancellations may be effective up to 2 calendar days before the entry of the contracted booking. Beyond this limit, the conditions established in block IV of these general terms and conditions will apply.
e. Rescheduling dates: The flexible cancellation insurance allows the guest to use the amount already paid as partial or full payment for a new booking in any available villa within 12 months from the start date of the canceled stay.
f. Free Flexible Cancellation Insurance Campaign: As an exceptional commercial campaign, the Flexible Cancellation Insurance will be available free of charge for all bookings contracted from May 14, 2020 to August 31, 2020. These conditions do not apply to any contracted bookings outside of the indicated period, to which the normal cancellation conditions specified in block IV of these general terms and conditions will apply.
VI. Security deposit
When booking stays for days or weeks, you will be required to pay a security deposit to guarantee correct use and care of the furnishings, equipment and the use and departure conditions. The amount will be blocked on your credit card on the day of arrival, but will not be charged to your account unless there is a claim for damage. The security deposit will be released one week after the end of your stay, provided an inspection has shown that the accommodation has not been damaged.
On the other hand, when booking long-term stays (at least 2 months), you will be asked for a security deposit equivalent to two months' rental. You will have to pay this amount by credit card on the day of your arrival, and it will be returned once your stay in the accommodation comes to an end, having deducted any sums corresponding to energy supply bills that may be outstanding. The security deposit will be retained until these bills are in our possession. You will lose the security deposit should you not comply with the departure conditions and the conditions of use.
The individual characteristics of the villa may mean that it is subject to specific conditions with regard to the security deposit, and these will be defined in the special conditions of the accommodation.
VII. Taking possession of the villa
You may take possession of the villa during the hours established in the contract. When you arrive, you must already have paid the full amount corresponding to the booking, including any extras, before you can pick up the keys from the corresponding check-in office (address, date and time specified in your contract).
The keys cannot be collected from any office other than the one indicated in the contract. Under no circumstances will you be able to go straight to the villa, since before you are allowed to enter, it is imperative that our cleaning team has completed its work and a quality control inspection has been carried out. The cleaning teams are not allowed to let the occupants enter the villa.
If the villa were not to be available once the hours established in the contract have elapsed, as a result of which you have to wait to take possession of the villa, Abahana Villas' quality control team will be responsible for processing financial compensation for the delay.
If you arrive after the hours stated in the contract, you must contact Abahana Villas to arrange the handover of keys. In such cases, a €50 supplement will be charged to cover the additional costs of sending a member of our team to facilitate entry into the property outside their normal working hours.
Once you have signed the contract, and the deposit corresponding to your stay has been blocked on your credit card, you will be given a single set of keys to the villa you have booked.
VIII. Departure from the villa
You must vacate the villa before 10.00 am and the set of keys must be returned to the same office from which it was collected. If the office is closed, you can leave the keys in the office letter box.
If you have not left the villa by the time indicated, Abahana Villas may apply an extra charge of up to 1 day's rental, since this delay seriously affects our cleaning and quality control procedures.
Late check out can only be authorised by our team by email and it must be requested at least 48 hours in advance.
The villa must be left in the same condition in which you found it, tidy and without any rubbish on the property. Otherwise, you will be charged a supplement as indicated in the special conditions of the contract, or in the event of serious damage, the corresponding amount will be deducted from the security deposit.
Final cleaning of the villa does not include dishes, cutlery and kitchen utensils; the occupant will be responsible for cleaning these and for taking rubbish to the nearest communal waste bins. If you vacate the property leaving the dishes, cutlery and kitchen utensils dirty or you leave rubbish in or around the property without depositing it in the nearest communal waste bin, you will be charged an additional €50 on the booking price. This charge would be deducted from the security deposit.
If you vacate the property and we find the furniture in a significantly different position, you will also be charged an additional €50. This would be deducted from the security deposit.
If any damage is identified or any items are found to be missing from the property after your departure, you will be charged in order to cover the cost of this damage, up 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 through the relevant legal channels as defined in Clause 14.
IX. Conditions of use
a. Responsibilities of the undersigned occupant. When you book accommodation for other occupants (in addition to yourself), you become liable for the total rental price and for any damage caused by their behaviour and by the behaviour of all the others who occupy the rented accommodation. Nevertheless, legal responsibility falls on all the occupants of the villa, to whom a claim may be made for the total damage caused by the group regardless of which person actually caused said damage.
b. Maximum number of occupants: The booking is valid for the maximum number of occupants stated on the booking form and in the contract. 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 terminated 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 permitted 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.
Visits to the villa by friends will only be permitted on an occasional basis. Under no circumstances may visitors stay the night in the villa or use it as a base to stay while they are accommodated elsewhere.
c. Celebrations and parties: Holding parties or events with more than the maximum number of occupants authorised in the accommodation is absolutely forbidden. Breach of this clause will lead to the total cancellation of the booking without the right to a refund of the price paid.
Celebrations and parties may only be held in booked accommodation when the number of guests attending is equal to or smaller than the maximum number of occupants permitted in the villa. You must abide by the hours and rules governing each location.
The hiring of villas by companies for the organisation of celebrations or parties for third parties is not permitted, regardless of the number of guests attending.
If you wish to hold a celebration or party, we recommend that you notify us of this before making your booking in case there is a villa that will meet your needs in terms of the number of guests and other conditions. In any case, this will only be permitted if you obtain written permission from Abahana Villas and pay an extra cost and a security deposit.
d. Smoking inside the property is forbidden: Smoking is only permitted outside the villas.
e. Pets: Pets are only permitted in villas that have been authorised by the owner according to the contract.
Therefore, if you wish to accommodate a pet of any kind in one of our villas, you must duly inform our team in writing, so that this is expressly stated in the booking contract, together with the characteristics and size of the pet that you have indicated.
If Abahana Villas S.L.U. or its suppliers discover 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 contract of the villa. 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 presence of animals which are objectively and clearly not as you described is grounds for cancelling the stay. You will also be liable to pay the additional charges detailed above.
f. Access to the property: During the stay, the accommodation is exclusively for your use. However, you are required to provide access to staff from the agency and other authorised persons during your stay to verify your compliance with your obligations as described in this document, to persons needing to clean the swimming pool and 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.
g. Abahana Villas reserves the right to annul or cancel the rental if there are threats or reasonable suspicion that you will cause serious damage to the property. If you breach these conditions of use and/or the departure conditions, we will automatically terminate this agreement and you will lose your security deposit. See special conditions of the accommodation booked.
h. Electricity: The cost of electricity consumption is included in the rental of our villas, and the rate is established on the basis of a maximum daily consumption of 15kWh/person. In the event that the electricity consumption were to be higher than the maximum established, the excess would be deducted from your deposit. All occupants are urged to make responsible and reasonable use of heating, air conditioning equipment and energy in general to avoid incurring additional costs during their stay.
It is forbidden to leave lights and especially air conditioning equipment on when you are not inside the property.
i. 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 8 of these general conditions. Any additional cleaning services requested during the stay will be subject to a supplement on the amount payable for the booking, and this must be paid before the cleaning takes place.
j. Bed linen and towels: Bed linen and towels are included in the rental price, but 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.
k. 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.
l. 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, 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 your booking will be cancelled and the entire amount you have paid will be refunded to you.
XI. Benefits and liabilities
With the exception of typos, 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 their regular use, such as different electrical appliances, outdoor furniture or decorative items, which are replaced periodically.
Abahana Villas declines all liability for any changes affecting the accommodation or its surroundings which are not controlled directly by Abahana 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:
Abahana Villas will not be liable for possible errors in the descriptions of the properties made by tour operators or third party travel agencies. Once you have booked with a tour operator or travel agency, you must check the exact description of the property on the website of Abahana Villas, the party ultimately responsible for your stay.
1. Building work. In general, the properties are privately owned by a number of different individuals, and they are usually situated in large residential areas. Therefore, it may be the case that there is unexpected building work in progress in the surrounding area. This building work is usually carried out by property owners, building contractors or governmental organisations with whom Abahana Villas has no relationship, so Abahana Villas has no control over this work. Therefore, when booking the accommodation, you understand and accept that neither Abahana Villas nor the property owners are liable for any nuisance caused by building work which is 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 necessarily 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, but just a selection of these.
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 in the summer season. Municipal and/or regional authorities may decide to temporarily cut off or restrict supplies and services due to specific building work or exceptional situations. Abahana Villas and the property owner decline all liability for this type of inconvenience and for damages caused by these restrictions.
4. Accidents and thefts: Neither Abahana Villas nor the property owner accept liability for any loss, damage or injury (injuries, illness, death, material damage or theft) sustained by you 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. To minimise the potential risks, you are urged to take particular care when using the cooker and the swimming pool areas, which pose additional risks to occupants. Please ensure that you correctly close and lock all the doors and windows of the property. These recommendations are particularly relevant when there are children and/or elderly people among the occupants.
XII. Suggestions and incident
Abahana Villas has a preventive and corrective system for dealing with incidents occurring during the winter months, as well as a weekly inspection system which monitors specific control points on the property. These procedures are designed to prevent and/or to detect the great 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 email at firstname.lastname@example.org 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 services provided to customers.
Notwithstanding our quality and customer service policy, because our accommodation is fully booked during the summer, some incidents may not have been detected in the accommodation you have booked. Please notify us of any such issues during the first 48 hours of your stay via our email email@example.com to enable us to resolve the issue as quickly as possible, with the minimum impact on your stay. If you do not notify us of any issues within the first 48 hours, you will lose the 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 occupant, agree and understand that some incidents naturally arise as a result of wear and tear on the property, and that on some occasions these are impossible to anticipate (for example, septic tank problems, boiler problems, broken taps, electrical faults, etc.); other incidents may be beyond our control (for example, general power cuts, building work in the surrounding area, noise from neighbours or animals, insect problems, etc.).
We at Abahana Villas will do everything within our means to resolve or minimise the impact of any incidents occurring during your stay. This notwithstanding, by booking your stay you agree that Abahana Villas shall be responsible solely for matters over which it has control and a real capacity to resolve during your stay, and that certain events, particularly during the high season, may take longer to resolve than you might wish, because they require assistance from specialised suppliers whose availability is not guaranteed.
We would kindly ask you to assist us in detecting any issues and to report these as accurately as possible; please inform our team politely and with a constructive attitude, bearing in mind that they are committed to doing everything they can to resolve the problem, but in order to do so, they need your assistance and respect.
Incidents must be reported by telephone (+34 965 87 45 40) or by email to firstname.lastname@example.org, not through third parties.
If the incident is not satisfactorily resolved within 48 hours of you reporting it by telephone, you may lodge a complaint by sending an email to email@example.com. 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 compensation that might be applicable.
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 business purposes and to send you further information. You are also notified that you may exercise your right to access, correct and cancel your information.