BONVIDA finds it important to lay down on paper clear and transparent agreements. Therefore, please read these Terms and Conditions carefully as they detail the rights and obligations of each party to this rental agreement.
Article 1 Definitions and concepts
The following definitions apply to these Terms and Conditions:
- BONVIDA: BONVIDA HOMECARE SL, based in Avinguda de la Tramuntana, Sector Aeroclub 15, 17487 in Empuriabrava, registered with the Registro Mercantil Girona under the reference GI-53454, Section 2891 Folio 127 with CIF number B55149819.
- Tenant: The physical person who rents an accommodation via BONVIDA under his/her own name or who is intending to do so.
- Tenant’s party: The physical person(s) who is (are) renting an accommodation with the tenant and who is (are) staying with him or her in this accommodation. The personal details of the co-tenants must be communicated on arrival.
- Owner of the accommodation: The legal owner of the accommodation offered for rental via BONVIDA or his/her rightful representative.
- Manager: The physical or legal person who takes care of and manages the accommodation on behalf of the owner of the property.
- Third parties: Any other physical or legal person who is not BONVIDA, the tenant, a member of the tenant’s party, the owner / the manager of the rental accommodation.
- Booking request: The request sent to BONVIDA to book a rental accommodation.
- Booking contract or booking confirmation: The booking completed by BONVIDA, on behalf of the owner of the rental accommodation, for the tenant of the rental accommodation.
- Duration of the rental: The rental starts on the day of arrival and ends on the day of departure specified in the booking confirmation.
- Rent: The rental price of an accommodation with associated services such as cleaning, linen and reservation costs.
- Total rent: The total amount to be paid for the rental of the accommodation, including cleaning services, linen, booking fees and extra / additional services. The total rent is detailed in the booking contract.
Article 2 Scope of the Terms and Conditions
- These Terms and Conditions apply to all proposals, offers, agreements, contracts and services provided by BONVIDA to the tenant on behalf of the owner of the rental accommodation as detailed in the booking confirmation.
- These conditions do not apply to legal or physical persons acting in the exercise of their business or profession. The services provided by BONVIDA are intended for personal use only, not commercial use.
- Stipulations or arrangements deviating from the above will only apply if confirmed in writing by BONVIDA.
Article 3 Nature of the agreement
- The tenant who secures a rental agreement via BONVIDA enters into a contractually binding relationship directly with the owner of the rental accommodation. The booking confirmation is always a contract between the owner and the tenant only. BONVIDA is not a party to that contract.
- From the moment the tenant has made a booking request, BONVIDA acts solely as an intermediary between the tenant and the owner. BONVIDA discloses to the owner of the accommodation all the information in relation to the booking request made by the tenant. BONVIDA then sends the tenant a written confirmation of the booking by email on behalf of the owner.
- BONVIDA acts only as the agent of the owner and cannot be held liable for any shortcoming of the owner in performing his/her obligations towards the tenant. BONVIDA is liable only for direct damages caused to the tenant by unexpected deficiencies on the part of BONVIDA whilst acting as an agent.
Article 4 Book accommodation
- A reservation request can be made verbally, on paper and / or through the website.
- The reservation request is confirmed by email through a reservation agreement by BONVIDA. This reservation agreement must be regarded by the tenant as a lease between the accommodation owner and tenant.
- If the Renter has not received a reservation agreement after 3 days after submitting a reservation request, the Renter must immediately contact BONVIDA.
- The reservation agreement contains all relevant data concerning the stay in the accommodation, as well as an indication of all foreseeable costs.
- Upon receipt of the reservation agreement, the Renter is obliged to check it immediately for accuracy and completeness of the data. In case of inaccuracies and incompleteness, the Renter must inform BONVIDA within 7 days of receipt. After the expiry of the stipulated period, the tenant cannot rely on the incompleteness or inaccuracy of the reservation agreement.
- The reservation agreement are confined to individuals with a minimum age of 18 years. Reservation requests from youth groups are rejected by BONVIDA.
- BONVIDA can refuse a reservation request at any time, or withdraw it without giving reasons.
Article 5 Availability and options
- On the BONVIDA website the availability of an accommodation is clearly stated in the calendar of the accommodation.
- BONVIDA can, but is not obliged to, temporarily block a certain period at the tenant’s request. This option can only be issued for a duration of 2 days. After the option period has expired, the tenant cannot claim the blocked period.
Article 6 Maximum occupancy
- Only the maximum number of people accepted by BONVIDA, on behalf of the accommodation owner, and stated in the reservation agreement, may use the accommodation during the agreed reservation period. The Renter is not permitted to stay in the accommodation with more than the maximum number of people (or the number of people specified when booking). Staying in tents or campers on the property’s grounds or in the immediate vicinity is not permitted, nor is it permitted to use the facilities of the accommodation.
- Exceeding the prohibition referred to in paragraph 1 may lead to deduction of the deposit or removal of the tenant and co-tenant (s) from the accommodation, without BONVIDA and accommodation owner being obliged to any compensation or refund.
- The tenant can submit a request to BONVIDA at any time to include additional persons as co-tenant in the reservation agreement. On behalf of the accommodation owner, BONVIDA is entitled to refuse the request without giving reasons.
- All (temporary) guests must be reported to BONVIDA. BONVIDA and accommodation owner reserve the right to refuse the request for the booking of co-tenant (s) without specific reasons. If BONVIDA accepts a request for a stay with more people, it may be that the rent will be increased pro rata. Involving the accommodation with fewer people than initially agreed upon booking does not entitle the tenant to a reduction and refund of the rent.
Article 7 Address information accommodation
- BONVIDA does not provide specific address details of the accommodation in advance. This is to protect the privacy of the accommodation owner. The specific address details are stated in the reservation agreement.
- The google maps entry on the website only shows the approximate accommodation.
Article 8 Payments
- The rent includes all costs for renting the accommodation and any additional services booked. These costs are stated on the reservation agreement. The costs mention the rental price, the amount of the deposit and the optionally booked extra services, such as the rent of a cot, beach towels and other extra options indicated on the website.
- The renter must pay approximately 35% of the rental price within 7 days after receiving the reservation agreement. At the latest 8 weeks before arrival date, the tenant must again pay approximately 35% of the rent. Upon arrival in Spain, on the arrival date, the tenant must pay the remainder of the entire rent, including the deposit and other costs stated on the booking agreement. Payment dates, exact amounts and required bank details are stated on the reservation agreement.
- For reservation agreements entered into within 8 weeks of the arrival date, the tenant must pay approximately 70% of the rental price within 3 days of receiving the reservation agreement. This is followed by the payment procedure upon arrival in Spain, as referred to in paragraph 2.
- The payment procedure specified in paragraph 2 can only be deviated from in writing if a reservation agreement is entered into more than 12 months before the arrival date or at the personal request of the tenant and with the consent of BONVIDA.
- BONVIDA informs the tenant that if the agreed payment terms are exceeded, BONVIDA reserves the right to cancel the reservation and to hold the tenant liable for the costs incurred. With regard to the payment of the price, the tenant cannot claim settlement against any claim that the tenant believes he has against BONVIDA.
- The tenant can never suspend the payment obligation. After the payment term has expired the tenant is in default. If the tenant still makes payment within 3 days after the default, the default will be canceled. In the event of late or late payment of the rent, all judicial litigation costs, as well as the extrajudicial costs resulting from the default, will be borne by the tenant.
- BONVIDA may require security for payment both before and after the conclusion of the reservation agreement, such as suspension of the implementation of the reservation agreement until security is obtained.
Article 9 Prices
- The prices, discount rates and offers that apply at any time are entirely free of obligation, subject to interim changes, exclusively stated on the BONVIDA website. Obvious mistakes and typos are not binding.
- The rental prices include VAT and are stated including cleaning, linen and reservation costs per accommodation in euros per week on the BONVIDA website. Rental prices are excluding cancellation costs and costs for travel insurance and any other costs.
- Additional costs such as optional bookable services, accommodation for pets and possibly local fees set by and on behalf of the government can vary per accommodation and are listed separately on the website and in the reservation agreement. These costs are independent of the rental price.
Article 10 Deposit
- The tenant is obliged to pay a deposit to BONVIDA for the benefit of the accommodation owner and the services offered by BONVIDA. The tenant must pay the deposit upon arrival in Spain and can only move into the accommodation after this deposit has been paid.
- The deposit must always be paid per payment card. (debit or credit)
- The deposit depends on the duration and period of stay and differs per accommodation. The deposit is stated in the reservation agreement and is also known on the BONVIDA website prior to entering into the reservation agreement.
- BONVIDA may withhold a part or the entire deposit in favor of the accommodation owner, if certain rules of the house rules or the general conditions have not been complied with. Or if the accommodation is damaged and goods from the accommodation are missing. The tenant is liable for the total damage and must compensate the remaining amount if the damage amount is higher than the retained deposit.
- BONVIDA may withhold a part or all of the deposit as compensation for costs incurred by the tenant.
- The deposit is transferred to the tenant within 14 days after departure, provided the accommodation has been left in accordance with the regulations. It is the duty of the tenant to provide BONVIDA with his full address and passport / identity card number at the latest on arrival in Spain at the time of key delivery. If this information is not provided, the tenant loses the right to a refund of the deposit and this will go to the accommodation owner or BONVIDA. Any additional (transaction) costs will be borne by the tenant.
- Deductions from the deposit as referred to in the following articles of these general terms and conditions are at all times due to the accommodation owner or BONVIDA.
Article 11 Booking fee
- BONVIDA charges reservation costs per reservation. The amount of these costs is stated on the BONVIDA website when calculating the accommodation price
Article 12 Linen
- Standard linen is provided in all accommodations that are rented via BONVIDA. BONVIDA has compiled a complete linen package for this and ensures that the required beds are made upon arrival. For stays longer than 1 week, BONVIDA provides clean linen every week.
- Linen is automatically booked for every tenant, with the exception of children using a cot.
- The costs for linen are included in the rent and the linen consists of:
a.Bed linen, which consists of a bottom sheet, duvet cover and pillowcase.
b.Bath linen, consisting of a large and small bath towel, guest towel and bath mat, as well as 1 roll of toilet paper. A beach towel is not standard available and can be booked separately.
c. Kitchen linen, which consists of two tea towels and a kitchen towel.
- The tenant can / may wash the linen himself, the accommodation description states whether or not there is a washing machine. Tenant and co-tenant (s) must hereby observe the washing instructions of the rented linen.
Article 13 Cleaning
- BONVIDA provides a clean accommodation upon arrival, and for stays longer than 1 week the accommodation is cleaned weekly by BONVIDA.
- Tenant and co-tenant (s) must at all times keep the accommodation clean during the stay and on the day of departure leave the accommodation neat and clean in accordance with the house rules. Failure to comply with this obligation may result in withholding the full deposit.
- The costs for cleaning are included in the rent.
Article 14 Extra services to be booked
- In addition to the standard service, BONVIDA offers tenants the option of booking additional services. These extra services differ per accommodation. If applicable, these can be added to the reservation process of the accommodation.
- The tenant can book extra services, subject to availability, even after the reservation agreement has been concluded. Such a request must be passed on to BONVIDA by email, after which BONVIDA will indicate whether the desired services can still be provided.
- BONVIDA uses an hourly rate of € 45,- excluding VAT for its services.
Article 15 Cot en High Chair
- A cot and / or highchair can be ordered on request. A cot always includes bed linen and is made ready upon arrival.
Article 16 Pets
- Pets are only allowed if this is explicitly stated on the BONVIDA website with the accommodation description and / or facilities. The tenant can indicate in the reservation request whether he or she wishes to bring one or more pets.
- BONVIDA charges extra costs for pets, which are stated on the BONVIDA website.
- Pets are not allowed to be on beds, chairs, couches or in swimming pools. In case of violation of this or other visible contamination (including droppings) and damage, BONVIDA may withhold the full deposit. The renter is liable for the entire damage and must, if the costs for the damage suffered are higher than the retained deposit, compensate the remaining amount.
Article 17 Gas, Water, Electricity
- Costs for gas, water and electricity, with the exception of heating costs, are included in the rent.
- If a heating is present in the accommodation, the tenant is strictly forbidden to use the heating without prior permission from BONVIDA. When granting permission to use the heating, prior agreements are made between the tenant and BONVIDA regarding the costs and payment thereof.
- The tenant must always be careful and economical with water, gas and electricity. The tenant is therefore not permitted, for example, to switch on outdoor and swimming pool lighting during the day and / or to let it burn during the day.
- If an air conditioning is present, the tenant may use it, but the tenant must switch off the air conditioning when leaving the accommodation.
- In the presence of a gas-fired barbecue, the tenant must usually provide the gas bottles required for this.
- In case of force majeure in the event of disruptions to the water, gas or electricity supply, BONVIDA and the accommodation owner are never liable for damage suffered by the tenant and co-tenants. Force majeure also occurs if the Spanish authorities or utility suppliers decide for various reasons to temporarily close down or to reduce the distribution.
- If there is a malfunction referred to in paragraph 6, the tenant may request BONVIDA or manager to inquire with competent authorities in order to find out the expected duration of the malfunction.
Article 18 WiFi / Internet
- An accommodation is only provided with WiFi or internet connection, if this is explicitly stated on the BONVIDA website in the description or facilities. The costs for WiFi – Internet are included in the rent.
- BONVIDA and accommodation owner are never liable for the quality or malfunctions of the WiFi or internet connection.
Article 19 Television
- There is only television in the accommodation if this is explicitly stated on the BONVIDA website with the description and / or facilities. Reception from international channels cannot be guaranteed.
Article 20 Parking
- BONVIDA mentioned on the website with the description and / or facilities which parking space is available. Parking is in all cases at your own risk, this also applies to parking on your own property. BONVIDA and accommodation owner can never be held liable for damage as a result of parking
Artikel 21 Maintenance & use of swimming pool, garden and accommodation
- The tenant and co-tenant (s) are at all times responsible for the use of the swimming pool and must also handle this very carefully and must take any safety measures themselves, in particular if (small) children use the pool.
- The tenant and co-tenant (s) are strictly forbidden to operate machines of the swimming pool, or to refill the swimming pool themselves, this also applies to watering installations in the garden.
- The swimming pool and garden of the accommodation are maintained 1 or 2 times a week by permanent staff. The tenant is not obliged to be present, but he is obliged to provide access to the employees to enter and maintain the accommodation.
- BONVIDA and accommodation owner are at all times entitled to have other persons carry out maintenance on the accommodation during the tenant’s stay.
Articlel 22 Website
- All entries on the BONVIDA website are always subject to interim changes. BONVIDA is not responsible for general information on the website and information contained therein that has been prepared under the responsibility of third parties.
Article 23 Cancellation
- The tenant can request BONVIDA to cancel the reservation agreement by email. Upon receipt of the cancellation request, BONVIDA will confirm the cancellation to the tenant, after which the cancellation is final and the accommodation will be released for rental.
- There are costs associated with canceling the reservation agreement. Tenant is obliged to pay the reservation costs after canceling the reservation agreement, as well as:
a. In case of cancellation up to 8 weeks before the start of the reserved period the first down payment of approx. 35%.
b. In case of cancellation within 8 weeks before the start of the reserved period the full agreed rent.
- Canceling by the tenant is also charged to fellow tenant (s).
- BONVIDA can cancel the reservation agreement if circumstances change and offer an alternative as compensation. BONVIDA is not obliged to do this if the cause of the change of circumstances is attributable to the tenant or co-tenant (s).
Article 24 Substitution, replacement
- The tenant can, if this or other tenant (s) is / are prevented, inform BONVIDA of a substitute who will stay in the accommodation of the tenant or other tenant (s). Replacement is only possible if the reservation agreement has not been canceled. After approval of the substitution by BONVIDA, EUR. 95, – in addition to the principal sum charged.
Article 25 Cancellation of the booking contract
- BONVIDA is entitled to cancel and terminate the reservation agreement with immediate effect if:
a.After notice of default, the tenant fails to fulfill any serious obligation arising from the reservation agreement and / or these general terms and conditions.
b. Tenant after being summoned to do so, does not behave as a good tenant, in particular despite warnings from BONVIDA, accommodation owner and / or manager, caused serious nuisance to his living environment.
- If paragraph 1 is met, the tenant is not entitled to a refund of the entire or partial rent and BONVIDA is entitled to withhold the entire deposit for the benefit of the accommodation owner and / or BONVIDA.
Article 26 Insurances
- Bonvida advises the tenant to take out cancellation insurance with an insurance company. This also applies to last minute bookings.
- Tenant must take care of a third-party liability insurance and travel insurance valid abroad.
Article 27 Arrival and departure
- BONVIDA uses a fixed arrival and departure day for each accommodation: Saturday or Sunday. On the BONVIDA website, the calendar for each house states which day applies.
- The minimum rental period is 7 nights, excluding accommodations for which a different period is explicitly indicated on the BONVIDA website
- BONVIDA uses fixed arrival times, namely between 4PM and 8PM. Tenant and co-tenant (s) must present themselves at the office of BONVIDA in Empuriabrava within the agreed arrival times, unless otherwise agreed upon, after which a BONVIDA employee will hand over the keys to the accommodation to the Tenant.
- Before the tenant moves into the accommodation, the tenant is obliged to pay the agreed deposit. In addition, the renter is required to provide BONVIDA with a copy of his passport or identity card, at the latest at the time of the key delivery. If the deposit is not paid, the keys will not be handed over and if the information is not provided, the tenant is not entitled to a refund of the rental and deposit.
- The tenant must immediately inform BONVIDA of any delay (by telephone). If the tenant fails to inform BONVIDA, the accommodation will be canceled after 24 hours and the provisions of article 23 of these General Terms and Conditions will apply accordingly.
- BONVIDA will charge extra costs for arrivals outside the applicable arrival times or for arrivals other than the original arrival days. These costs must be paid directly to BONVIDA upon arrival.
- BONVIDA uses fixed departure times, namely between 8AM. and 10AM. The tenant can never leave the accommodation after the latest departure time of 10AM., departure times before 8AM. are possible in consultation with BONVIDA. Return of the accommodation keys takes place within the departure times at the office of BONVIDA in Empuriabrava.
- BONVIDA can withhold the entire deposit if the tenant fails to leave the accommodation within the applicable departure times, whether or not without notice. The tenant is liable for all damage caused by not leaving the accommodation on time.
- Tenant must at all times pay the entire rent, regardless of non-appearance, a later arrival or early departure.
- If the keys are lost, BONVIDA will replace the locks of the accommodation at the tenant’s expense. These costs are settled with the deposit without prejudice to the right to full compensation for damage.
Articll 28 Tenant rights & obligations at the location of the accommodation
- Tenant and co-tenant (s) must behave as a good tenant and use the accommodation and everything that belongs to it in accordance with these general terms and conditions and the oral user instructions given by BONVIDA, accommodation owner and manager, if present in accordance with the written house rules.
- Any form of damage must be immediately reported by the tenant to BONVIDA or manager. Repair or replacement costs will be borne by the tenant. After the costs have become known, the renter must immediately reimburse these to BONVIDA or the manager. If the cost specification is only known later (after the departure of the tenant and after repayment of the deposit), the tenant must reimburse the costs by bank transfer to BONVIDA as soon as he receives the cost specification.
- Tenant leaves the accommodation in good condition upon departure. That means: broom clean, do not leave dirty dishes, household refuse must be left in the designated general containers, the used sheets must be removed from the beds by the tenant and the items present in the accommodation must be at their original location (such as on arrival).
- BONVIDA or manager will do a final check. This can be at the time of departure, or afterwards. If BONVIDA and / or the Manager finds that the accommodation has not been left in accordance with the aforementioned items (or items mentioned in the existing house rules), BONVIDA is entitled to withhold the full deposit. If the damage amount is higher than the deposit, the renter remains liable for the remaining amount.
- The tenant must have left the accommodation no later than the time specified in the booking agreement. For a departure at a later time than indicated in the reservation agreement, extra costs will be charged without the tenant being entitled to stay (longer) in the accommodation. BONVIDA is never liable for the causes and consequences of a departure after the specified time.
- BONVIDA, accommodation owner and manager are entitled to enter the accommodation at any time if they see reason to do so
Article 29 Tenant liability
- The tenant and co-tenant (s) are fully responsible and legally liable during the stay for damage to the accommodation, the establishment thereof, the consequences of burglary, loss or damage to personal property and other damage in whatever form that is related to the reservation agreement.
- BONVIDA, accommodation owner and manager are never liable for damage and consequential damage, in whatever form, incurred by the tenant, co-tenants and third parties in and around the accommodation and everything that belongs to it, including swimming pool and garden.
- BONVIDA is entitled to hold the tenant liable on behalf of the accommodation owner for all damage suffered and to be suffered, all costs in this regard are for the account of the tenant.
Article 30 Construction activities, noise and environmental problems
- Occasionally, unexpected construction work may take place in the immediate vicinity of the accommodation that causes (temporary) noise nuisance or other nuisance, including environmental nuisance. The same applies to all other types of noise nuisance from neighbors, church bells, pets, agricultural equipment, etc. BONVIDA, accommodation owner and manager are never liable for any damage suffered by the tenant and / or co-tenant (s), as a result of any form of noise, environmental or any other form of nuisance.
Article 31 Force majeure
- In the event of force majeure – temporarily or otherwise – BONVIDA, on behalf of the accommodation owner, is entitled to cancel the reservation in whole or in part or to suspend it temporarily without the tenant being able to claim fulfillment and / or compensation. In the event of force majeure, BONVIDA and the accommodation owner are only under an obligation to reimburse the costs paid by the tenant. In order to be able to continue to guarantee quality, BONVIDA reserves the right to initially replace the accommodation with a comparable other accommodation.
Article 32 Comments and complaints
- Every accommodation has been carefully selected and inspected by BONVIDA. BONVIDA guarantees the correctness of the description of the accommodation, on the understanding that a deviation of 25% from the specified living space and distances is considered acceptable. The description and impressions of the accommodation and the immediate surroundings, including (recreational) facilities, may differ slightly from the description and photos on the BONVIDA website due to their nature or due to interim changes or seasonal effects.
- The renter is obliged to report a mistake or imperfection immediately by telephone, but no later than within 24 hours, to BONVIDA. BONVIDA will do its utmost to solve this problem immediately or as soon as possible.
- The tenant is obliged to immediately report a complaint and / or problem that arose after arrival or during the stay in the accommodation, but no later than within 24 hours, to BONVIDA. BONVIDA will always try to solve the problem on site as quickly as possible.
- Tenant must submit his complaint to BONVIDA. BONVIDA must always handle the complaint adequately and with due speed with the standards of reasonableness and fairness. The renter must at all times give BONVIDA the opportunity to find a suitable solution to the complaint during the stay.
- The items referred to in paragraphs 1 up to and including 4 do not constitute a right to compensation and refunds to the tenant or co-tenant (s)
Article 33 Competent court
- In addition to these general terms and conditions, the legal relationship between the property owner, BONVIDA, tenant and co-tenant (s) is governed by Spanish law and jurisdiction lies with the court of the place of the leased property.
Article 34 Personal details & Privacy protection of personal details