Terms and Conditions
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:
1. 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 the CIF number B55149819.
2. Tenant: The physical person who rents an accommodation via BONVIDA under his/her own name or who is intending to do so.
3. 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.
4. Owner of the accommodation: The legal owner of the accommodation offered for rental via BONVIDA or his/her rightful representative.
5. Manager: The physical or legal person who takes care of and manages the accommodation on behalf of the owner of the property.
6. Third parties: Any other physical or legal person who is not BONVIDA, the tenant, a member of the tenant’s party, the owner or the manager of the rental accommodation.
7. Booking request: The request sent to BONVIDA to book a rental accommodation.
8. 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.
9. Duration of the rental: The rental starts on the day of arrival and ends on the day of departure specified in the booking confirmation.
10. Rent: The rental price of an accommodation with associated services such as cleaning, linen and reservation costs.
11. 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 Contract
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 Booking your holiday
You can submit a booking request either verbally or in writing and/or via the website. Your booking request is then confirmed by BONVIDA, who will send you a booking contract. This booking contract legally binds the owner of the accommodation and the tenant. If no booking contract is received within 3 days after submitting a booking request, the tenant must immediately contact BONVIDA.
The booking contract contains all the relevant information for staying in the accommodation and details all the foreseeable costs involved. Upon receipt of the booking contract, the tenant has 7 days to check it carefully. If he or she notices that the booking information is incorrect or incomplete, the tenant must immediately notify BONVIDA within this timeframe. Once that term has expired, BONVIDA cannot be held liable for any mistake that arises from providing the tenant with incorrect booking details.
You must be at least 18 years old to rent an accommodation with BONVIDA. The company does not accept booking requests for groups of people under the age of 18.
BONVIDA has the right to refuse or withdraw a booking request without giving any specific reason.
Article 5 Availability and options
The availability of an accommodation is clearly specified on BONVIDA’s website, via its own dedicated calendar.
BONVIDA can, but has no legal obligation to, provide the tenant, upon his or her request, with alternative booking periods. The offer of an alternative option can only be extended for a duration of 4 days. Once the term of this alternative option has expired, the tenant no longer has any right to claim it.
Article 6 Maximum occupancy
Only those persons who are approved by BONVIDA, on behalf of the owner of the accommodation, and who are listed as members of the tenant’s party in the booking contract, have the right to use the accommodation for the period specified. The tenant is not allowed to let any other or additional people stay or spend the night in the accommodation. It also forbidden for persons other than those specified in the booking contract: a .To stay in a tent or a camper on the property or in the vicinity of the rented property, b .To use the facilities provided in the accommodation.
If the tenant fails to respect the above, BONVIDA and/or the owner may terminate the contract with full rights. The tenant and the members of his or her party will be expelled from the property on the spot. They will not be able to claim back any rent paid or compensation. They will also lose their security deposit.
The tenant can, at any time, submit a request to BONVIDA to add additional persons in his or her party. BONVIDA has the right to refuse this request on behalf of the owner of the accommodation without giving any further explanation.
If the tenant would like to invite guests over, he or she must first seek the permission of BONVIDA. Both BONVIDA and the owner of the accommodation have the right to refuse without giving the tenant any specific explanation.If additional persons are allowed to stay in the accommodation, the rent can be increased using a prorated ratio. But if less people than expected actually use the accommodation, the tenant is not able to claim a decrease in the rent or a partial refund.
Article 7 Address details of the rented property
BONVIDA does not provide address details regarding the accommodation in advance. This is to protect the privacy of the owner of the property. These details can be found in the booking contract.
Article 8 Payment
The total rent includes all costs for the rental of the accommodation and eventually any additional services provided. These costs are stated on the reservation agreement. The costs include the rental price, the amount of the deposit and the optional additional services, such as renting a cot, additional cleaning service and other additional options listed on the website.
Payments can be made directly online or by bank transfer. The first payment is 40% of the rent (if you pay by bank this amount must be paid within 7 days). The second payment is again 40% of the rent and must be paid no later than 60 days before arrival (about 8 weeks).
Upon arrival in Spain, on the arrival date, the tenant must pay the remainder of the rent and security deposit. Payment dates, exact amounts and any required bank details are stated on the reservation agreement.
For bookings that are made within 8 weeks before the arrival date, 80% of the rent is paid immediately online, if the tenant pays per bank, the tenant must pay 80% of the rent within 3 days after receipt of the reservation contract. Following is the payment procedure upon arrival in Spain, as referred in point 2 of Article 8.
A special exemption from the payment procedure detailed above can be given to the tenant in writing via the booking contract if one of the following two conditions are met:
a .The booking confirmation is sent 12 months before the proposed date of arrival.
b .The tenant personally requests it. In that case, the exemption can only be granted after approval by BONVIDA.
BONVIDA indicates to the tenant that, if he or she does not respect the payment deadlines, the company has the right to cancel the booking and to hold him or her liable for any extra costs incurred.The settlement of any previous claim that the tenant holds with BONVIDA cannot be invoked for non-payment of the agreed rental price.
The tenant is not entitled to postpone his or her payment obligations. If the sums due are not paid on time, the tenant will automatically be in default. This default can be lifted if the full rental price is paid to BONVIDA within 3 days of the occurrence of the non-payment. All the enforcement costs, collection costs and all other non-legal costs associated with the non-payment or late payment of the total rent are incurred by the tenant.
BONVIDA is allowed to secure payment of the rent by any means, either before or after the booking contract is signed. BONVIDA has also the right to suspend the execution of the contract until the payment is received.
Article 9 Prices
The prices, tariffs, discount and special offers listed on the BONVIDA website may be subject to change without notice. Obvious mistakes and typographical errors are not binding.
The prices are listed online on the website including VAT, cleaning, linen and reservation costs per accommodation in Euro per week. Prices are excluding cancellation fees and travel insurance fees and any other charges.
Additional costs such as optional services, pets, and local and government fees may vary by accommodation and are listed separately on the website and in the reservation agreement. These costs are separate from the rent.
Article 10 Security deposit
The tenant must pay a security deposit to BONVIDA as agent of the owner of the property, but also for the services offered by BONVIDA. In order to have access to the property, the tenant has to pay this deposit upon his or her arrival in Spain.
The deposit must always be paid by debit or credit card.
The amount of the security deposit depends on the length of the stay. It can vary from one accommodation to another. The amount of the security deposit is detailed in the booking contract. It also appears on the BONVIDA website before the booking contract is finalised.
The tenant is held responsible for leaving the accommodation in a clean and undamaged state, with a full inventory. He or she must also respect these Terms and Conditions as well as the house rules drawn up by the owner. If this is not the case, a portion of the security deposit will be deducted by BONVIDA on behalf of the owner. The tenant is liable for the total amount of the damages that have occurred during his or her stay. If the total amount of the damages exceeds the amount of the security deposit withheld by BONVIDA, the tenant shall pay the remainder.
BONVIDA reserves the right to deduct a portion of the security deposit to cover any cost the company has incurred for damages caused by the tenant.
The security deposit will be refunded within 14 days following departure of the tenant, after inspection of the accommodation. In order to receive his or her security deposit back, the tenant must provide BONVIDA with his or her full address and a copy of his or her passport or ID card number. He or she must do this at the latest upon his or her arrival in Spain, when the keys to the accommodation are delivered. Failure to do so will expose the tenant to losing his or her right to the return of the security deposit from the owner or BONVIDA. Any additional bank charge or transaction cost relating to the refund of the security deposit will be passed on to the tenant.
The owner of the accommodation or BONVIDA reserve the right to withhold part of the security deposit at any time if the tenant fails to follow any of the conditions specified here above.
Article 11 Booking costs
The booking costs are included in the rent.
Article 12 Linen
Linen is standard provided in all accommodations that are rented through BONVIDA. For this purpose, BONVIDA offers a complete linen package and ensures that the necessary beds are made upon arrival. For stays longer than 1 week, linen is changed weekly.
Linen is provided automatically for each tenant listed in the booking contract. (excluding children using a cot)
A linen package consists of:
- Bed linen: a set of sheet/duvet cover, a mattress cover and a pillowcase.
- Bath linen: large and small bath towels, a guest towel and bath mat as well as one roll of toilet paper. (beach towels are not included but can be requested separately)
- Kitchen linen: two tea towels and one kitchen towel.
The costs for the linen package are included in the rental price.
The tenants can wash the linen themselves, the accommodation description indicates if there is awashing machine available. Tenants must observe washing instructions of the rented linen.
If desired the tenant can choose to rent more linen this can be indicated during the reservation process.
Article 13 Cleaning
BONVIDA provides a clean accommodation on arrival, and for stays longer than 1 week, the accommodation is cleaned weekly by BONVIDA.
The tenant and the tenant’s party are expected to always keep the accommodation clean during their stay and to leave it clean and tidy on the day of departure, as described in the house rules. Failure to comply with this obligation may result in the loss of the full deposit.
The cleaning fee is included in the rental price. If desired, the tenant may choose to order an additional cleaning at extra cost. This can be indicated during the booking process.
Article 14 Extra services
BONVIDA offers the tenant the possibility to book extra services on top of the standard ones. These extra services vary per accommodation. If applicable, these extra services can be requested during the booking.
After booking, the tenant can only book the extra services if they are available. Such a request needs to be sent by email to BONVIDA, who will then indicate to the tenant if such services can be provided.
The other services offered by BONVIDA cost Eur. 45 per hour, excluding VAT.
Article 15 Cot and high chair
A cot and/or high chair can be booked by special request. A cot is always offered with bed linen and will be set with bed sheets prior to arrival.
Article 16 Pets
Pets are only allowed if explicitly mentioned in the description of the accommodation on the BONVIDA website. The tenant can indicate in the booking request how many pets he or she would like to bring.
BONVIDA will charge extra costs for bringing pets. These costs are mentioned on the BONVIDA website.
Pets are not allowed on any furniture such as beds, chairs, sofas, nor are pets allowed in any swimming pool. Be aware that BONVIDA will not refund the security deposit in case of visible staining (e.g. faeces). Please also note that the tenant will be held accountable for any damages caused by his or her pet(s) and will be billed for any amount exceeding the security deposit.
Article 17 Utilities
The costs of water, electricity and natural gas are included in the rent.
When heating is available in the accommodation, it is absolutely forbidden to use it without the prior approval of BONVIDA. When BONVIDA allows the use of heating, an agreement will be reached with the tenant regarding how much it will cost and how this will be paid to BONVIDA.
The tenant is expected to save electricity, natural gas and water. For example, use of the outdoor and pool lighting is not allowed during the day.
The tenant may use the air conditioning if available, but he or she must switch it off when leaving the accommodation.
If a BBQ is available on the premises, the tenant is responsible for arranging a gas tank.
In the case of force majeure or disrupted water, natural gas or electricity supply, BONVIDA and the accommodations owner are never responsible for any resulting damages incurred by the tenant and the tenant’s party. Force majeure is also applicable if the Spanish authorities or utility providers decide to temporarily stop or minimise the supply.
In the case of force majeure as defined in point 6, the tenant can request BONVIDA or the manager to check with the authorities or the utility companies as to when the disruption of service will be resolved.
Article 18 Wi-Fi / Internet Connection
Accommodation only has Wi-Fi or an Internet connection if this is explicitly mentioned on BONVIDA’s website in the description of the accommodation. The costs of Wi-Fi or an Internet connection, if available, are included in the rent.
BONVIDA and the owner are never responsible for disruption of the Wi-Fi or Internet connection.
Article 19 Television
Television is only available in the accommodation if mentioned explicitly on the website in the description of the accommodation. The reception of international stations cannot be guaranteed.
Article 20 Parking
BONVIDA indicates in the online description of the accommodation if parking is available or not. Use of the parking is at the tenant’s own risk, which includes parking on private property. BONVIDA and the owner of the accommodation cannot be held liable for any damages incurred from parking.
Article 21 Maintenance and use of the swimming pool, garden and accommodation
The tenant and the tenant’s party are held entirely responsible for the use of the swimming pool and are expected to take all necessary safety precautions in regard to its use, especially if (small) children will be using the swimming pool.
The tenant and the tenant’s party are not permitted to use the pool equipment, replenish the water in the pool or operate the garden irrigation systems.
The accommodation’s swimming pool and garden are maintained by employees once or twice a week. The tenant is not expected to be present during that maintenance. But he or she is expected to grant the employees access to the accommodation so that they can perform the maintenance.
BONVIDA and the owner have the right to allow third parties to undertake maintenance to equipment inside the accommodation or on the property during the tenant’s stay.
Article 22 Website
The content of the BONVIDA website is subject to change. BONVIDA does not take responsibility for any information published on its website or for information provided by third parties.
Article 23 Cancellation
The tenant can request by email the cancellation of his or her booking confirmation. After receiving the cancellation request BONVIDA will confirm the cancellation to the tenant. This cancellation is final and BONVIDA has the right to re-let the accommodation after this time.
The tenant is held responsible for all costs associated with the cancellation of his or her booking contract. He or she has to pay the booking costs plus the following amount:
a . In case of cancellation up to 8 weeks before the start of the rental period, the first amount already paid in the rent.
b . The total rental price is due if the cancellation request is received less than 8 weeks before the start of the rental term.
The cancellation made by the tenant will also affect the other party members.
BONVIDA has the right to cancel the booking confirmation if significant problems occur. In such a case, BONVIDA needs to offer an alternative property to the tenant (from the range advertised on the BONVIDA website). BONVIDA is not obliged to do so if the problems are caused by the tenant or a member of his or her party.
Article 24 Substitution, replacement
The tenant is allowed to transfer tenancy to a third party if he, she or any other members of his party are unable to stay in the accommodation. This substitution must be approved by BONVIDA and can only take place if the booking confirmation has not been cancelled. In such a case, an additional fee of Eur. 95 will be charged in addition to the rent.
Article 25 Cancellation of the booking contract
BONVIDA is permitted to immediately cancel the reservation confirmation when:
a. The tenant, after being given notice, fails to fulfil any serious obligation arising from the booking confirmation and/or these Terms and Conditions.
b . The tenant, after being instructed to do so, does not behave as a good tenant despite warnings from BONVIDA, the owner and/or the manager, causing serious disruption to the area surrounding the accommodation.
If the conditions specified in point 1 are met, the tenant has no right to claim a partial or full refund of the rent and BONVIDA is entitled to withhold the entire amount of the deposit on behalf of the property owner.
Article 26 Insurance
BONVIDA advises the tenant to purchase cancellation insurance from an insurance company. This is also advised for last-minute bookings.
The tenant must have adequate travel and liability insurance that are valid abroad.
Article 27 Arrival and departure
BONVIDA uses fixed arrival and departure days, which are either Saturday or Sunday. The specific calendar date will be clearly indicated on the BONVIDA website.
The minimum rental period is 7 nights, except for accommodation offering a different term, with both the specific terms and accommodation clearly mentioned on the BONVIDA website.
In general, the arrival time is between 16.00 and 19.00. The tenant and the tenant’s party should first check in between those times at the BONVIDA office in Empuriabrava, unless otherwise agreed. A BONVIDA employee will hand over the keys.
The tenant is obliged to pay the agreed deposit to have access to the property.
In addition, the tenant is required to provide a copy of his passport or identity card to BONVIDA, and the names and passport details of his fellow tenants, latest by the time of key delivery The keys will not be provided if the security deposit has not been paid by then and failure to provide the information listed above will mean that the tenant is unable to claim a refund of the rent and deposit.
The tenant is obliged to inform BONVIDA in a timely manner if his or her arrival is delayed. If the tenant does not inform BONVIDA, then the rental will be cancelled after 24 hours and the provisions specified in Article 27 of these Terms and Conditions will be applied.
BONVIDA will make an extra charge for any arrival outside the hours and days detailed in points 1 and 3 of Article 27. These costs must be paid directly to BONVIDA upon arrival.
Check-out is any time between 08.00 and 10.00 on the last day of the rental period. The tenant must vacate the property by 10.00. Departure before 08.00 is possible in some cases, in consultation with BONVIDA. The keys to the property must be returned to the BONVIDA office in Empuriabrava during the time period specified above.
BONVIDA has the right to withhold the entire deposit if the tenant fails to leave the property within the applicable departure timeframe, with or without notice. The tenant is liable for any damage resulting from an untimely exit of the property.
The tenant has an obligation to pay the entire rent amount, regardless of failure to show up, a late arrival or early departure.
If the keys to the property are lost, BONVIDA will replace the locks at the accommodation at the expense of the tenant. These costs will be deducted from the security deposit without prejudice to the right of the tenant to a full compensation for damages.
Article 28 Rights and duties of the tenant at the property
The tenant and the tenant’s party must behave as good tenants in the property and everything should be done to respect these Terms and Conditions, the verbal instructions given by BONVIDA, the property owner and the manager, and if provided, the written house rules.
The tenant should report any damage immediately to BONVIDA or to the manager. Costs for repair or replacement shall be borne by the tenant and must be paid to BONVIDA or the manager immediately. If the cost of any damage becomes known only after the departure of the tenant and after the refund of the deposit to the tenant, he or she must reimburse BONVIDA by bank transfer as soon as he or she receives the cost breakdown.
The tenant has to leave the accommodation in a decent condition. This means: swept clean, no dirty dishes left behind, garbage should be left in the designated general containers, used sheets should be removed from the beds and all items in the accommodation should be returned to their original position (as upon arrival).
BONVIDA or the manager will conduct a final check. This may be at the time of departure or after. If BONVIDA and/or the manager find out that the property has not been left in accordance with the above or with the house rules, BONVIDA is entitled to keep the full deposit. The tenant is held liable for the remaining balance if the cost of the damages exceeds the deposit.
The tenant must have cleared the property by the time specified in the booking confirmation. Failure to depart by the time stipulated in the reservation confirmation will result in additional costs being charged. The tenant is not allowed to remain in the property after the specified departure time. BONVIDA is not liable for the causes and consequences of a late departure.
BONVIDA, the property owner and the manager are always entitled to enter the property at any time when they believe it is necessary.
Article 29 Liability of the tenant
During the stay, the tenant and the tenant’s party are fully responsible and liable for any damage caused to the property, the furnishings, the consequences of burglary, loss or damage to personal property and other damages in any form whatsoever which are associated with the booking agreement.
BONVIDA, the property owner and the manager are never liable for damages and consequential damage suffered by the tenant, his or her party and third parties in and around the property and everything that belongs to it, including the pool and garden, in any form whatsoever.
BONVIDA is entitled to hold the tenant liable on behalf of the property owner for all losses and damages incurred. All the costs in this regard shall be borne by the tenant.
Article 30 Construction activities, noise and environmental problems
There may occasionally be unexpected construction work in the immediate vicinity of the accommodation, which (temporarily) causes noise or environmental damage. The same goes for all other kinds of noise from neighbours, church bells, pets, farm equipment, etc. BONVIDA, the property owner and the manager are never liable for any damage suffered by the tenant and the tenant’s party due to any noise, environmental damage or any other kind of nuisance.
Article 31 Force Majeure
In case of force majeure – temporarily or otherwise – BONVIDA has, on behalf of the owner of the accommodation, the right to cancel the rental partially or completely, or to temporarily suspend it with no right on the part of the tenant to claim any compensation. BONVIDA and the property owner have an obligation to reimburse costs paid by the tenant in the case of force majeure. In order to continue to guarantee the quality of the accommodation, BONVIDA reserves the right to provide an alternative accommodation to the tenant.
Article 32 Remarks and complaints
Each accommodation is carefully selected and inspected by BONVIDA. BONVIDA is responsible for the accuracy of the property description, with a 25% divergence of the declared floor space and distances deemed acceptable. The description of the property and its immediate surroundings, including facilities, equipment, and recreational options may differ from the description and pictures provided on BONVIDA’s website due to temporary changes or seasonal influences.
The tenant is required to notify BONVIDA immediately (or at least within 24 hours following arrival at the destination) by phone of any error or incompleteness in the description of the property. BONVIDA will do its utmost to solve this problem immediately or as soon as possible.
The tenant must immediately or at least within 24 hours submit any complaint to BONVIDA and/or notify about a problem arising after arrival or during the stay in the accommodation. BONVIDA will always try to solve the problem locally as quickly as possible.
BONVIDA must treat the complaint in a reasonable and fair way, in an adequate and expeditious manner. The tenant should always give BONVIDA the opportunity to provide a suitable solution during the stay.
The stipulations detailed in points 1 to 4 of the present Article shall not provide the tenant or the tenant’s party with the right to obtain compensation or a refund.
Article 33 Dispute resolution
These Terms and Conditions are governed by Spanish law. Any disputes arising between the owner of the accommodation, BONVIDA and/or the tenant and the members of his/her party will be settled by the relevant court in the city where the accommodation is located.
Article 34 Data protection and privacy