Hacienda el Sueño

28122022

Rental terms and conditions

1. Application

1.1 These General Terms and Conditions apply to all offers, reservations and agreements regarding all accommodations and other facilities, which are rented out at Hacienda el Sueño. Additional conditions can be set on location, these then apply in addition to these General Terms and Conditions. If there is a conflict between the General Terms and Conditions and the additional terms and conditions, the additional terms and conditions shall prevail.

1.2 A 'Lessee' is the person entering into an agreement with the Lessor concerning the temporary rent of an accommodation. The term 'Users' means the person(s) who stay(s) in the accommodation together with the Lessee.

1.3 Lessor is (also) understood to mean the party that mediates at Hacienda el Sueño in the rental of the accommodations.

1.4 These General Terms and Conditions apply regardless of whether the Lessee refers to any own terms and conditions or to other general terms and conditions.

1.5 Alternative arrangements in relation to these Terms and Conditions apply only if they have been previously agreed in writing.

2. Reservations

2.1 Lessor will only process reservations from persons who are 18 years or older. Reservations by persons younger than that age are therefore invalid.

2.2 The Lessor reserves the right at all times, without statement of reasons, to refuse reservations, particularly (although not exclusively) for groups and stays that are not of a recreational nature, or otherwise to impose special conditions on them.

2.3 If the Lessor processes a reservation, the Lessor will send the Lessee a (written) order confirmation within 14 days, including an invoice. The order confirmation as well as the invoice must be checked for correctness immediately after receipt. Any inaccuracies must be communicated to the Lessor immediately, but in any case, latest within 8 days.

2.4 If the Lessee is not in possession of a written order confirmation including invoice within 14 days after the reservation has been made, the Lessee must immediately contact the reservation department, failing which the reservation will be considered void.

2.5 An agreement is reached between the Lessee and the Lessor at the moment that the Lessor has sent the order confirmation.

2.6 The agreement concerns the rental of accommodation and/or other facilities for recreational use, which by its nature is of a short duration.

3. Changes to the Agreement

3.1 If the Lessee wishes to make changes to the agreement after the agreement has been reached, the Lessor is not obliged to accept them. It is at the Lessor's discretion to determine whether and to what extent those changes are to be accepted. In the event that the Lessor accepts the changes, the Lessor may charge amendment costs.

3.2 The Lessor is permitted, if there are circumstances that give rise to this, to adjust the reservation in reasonableness and fairness. This may mean, among other things, that one or more alternative accommodations are offered as an alternative.

4.Change of Lessee/User

4.1 The Lessee and other users of the leased property are not permitted to hand over the accommodation, under whatever name or for whatever reason, to persons other than the persons named in the agreement, unless otherwise agreed in writing with the Lessor.

4.2 If a replacement of the user(s) is agreed, the original Lessee remains obliged to pay the outstanding amount of rent, the amendment costs (see art. 3.1) and any additional costs caused by the replacement, as well as any cancellation costs.

5. Prices

5.1 The Lessee owes the Lessor the agreed rental price, as stated in the written confirmation and invoice of the reservation. If the costs of the Lessor (staff, energy, taxes, etc.) have demonstrably and unexpectedly increased after the agreement has been reached, the Lessor has the right to increase its prices and to charge the increased price to the Lessee. If this price increase is implemented within 3 months after the agreement has been reached, that price increase will amount to a maximum of 5% of the previously agreed price and the Lessee has the right to dissolve (cancel) the agreement on basis of said price increase.

5.2 Price discounts and/or special offers can no longer be implemented once the order confirmation has been sent by the Lessor.

5.3 All prices are, insofar as applicable, inclusive of VAT unless stated otherwise.

5.4 It is not possible to combine different discounts.

5.5 Price discounts and/or special offers do not apply to bookings for a stay longer than three weeks, unless stated otherwise.

6.Extra cost

6.1 In addition to the rent, the Lessee may also be charged additional costs, as described in the price annex. The total amount owed by the Lessee is referred to as the 'Reservation Value'.

7. Payments

7.1 For reservations, a 50 % deposit is required within 14 days of booking. The remaining 50% of the rent must be paid no later than 14 days before arrival. For bookings that take place within 14 days before arrival, the entire reservation value must be paid in one time.

7.2 In the event of late payment of the amounts invoiced to the Lessee, the Lessee will be in default from the day on which the payment term has expired. In that case, the lessor reserves the right to dissolve (cancel) the agreement with effect from the day that the period of 14 days has expired. The Lessee is then liable for all damages that the Lessor suffered or will suffer as a result, including all costs that the Lessor has had to incur in connection with the reservation and the dissolution of said reservation, and the Lessee will also owe the statutory interest. In addition to the foregoing, the Lessor has the right to at least charge the cancellation costs per accommodation. In that case, the provisions of Article 12 will apply.

7.3 The Lessor always has the right to set off claims against the Lessee for whatever reason against the amounts paid by the Lessee for whatever reason.

8. Arrival and departure

8.1 Unless otherwise agreed, the rented accommodation can be occupied on the agreed day of arrival, as stated on the booking confirmation, from 16:00 onwards and the accommodation must be vacated on the agreed date of departure, as stated on the booking confirmation, before 11:00.

8.2 If the Lessee wishes to continue the agreement with the Lessor for a longer period than the agreed period and the Lessor agrees to this, the Lessor is always entitled to designate another accommodation.

8.3 If the use of the accommodation is terminated earlier than the agreed date (as stated on the booking confirmation) the lessee has no right to restitution of the rental price (or part thereof) and/or costs.

9. Pets

9.1 Depending on which accommodation, a maximum of 1 or 2 pets of the Lessee or Users are allowed by the Lessor. If the Lessee and/or other Users wish to bring pet(s) with them, the Lessee must indicate this immediately when booking. In that case, the Lessor may charge the Lessee a surcharge. The lessor reserves the right - without stating reasons - to refuse pets on the premises. Pets are never allowed in some types of accommodations.

9.2 Pets are not allowed access to water features, swimming pools, restaurants, indoor facilities and other public areas on the property (unless otherwise indicated locally). Pets must be kept on a leash outside the property. Directions on site must be followed. The pets may not cause a nuisance to the other guests.

9.3 A dog bed must be brought along and a flea collar for dogs/cats is mandatory.

9.4 Visitors' pets are allowed for a fee, provided the maximum is not exceeded.

9.5 For the transport of animals to countries within the EU, they must be in possession of a passport according to the European model (from 3 July 2004). The animals must be vaccinated against rabies and identification by means of a chip or tattoo is mandatory. The Lessee is responsible for having the correct travel documents required for the destination.

10. Use accommodation

10.1 The Lessee must use the rented property in an orderly manner and act with due care.

10.2 The Lessee and/or the Users are jointly and separately responsable for an orderly course of affairs in and around the rented accommodation as well as on the surrounding premisses.

10.3 Public drunkenness and/or drug use are not permitted.

10.4 In addition, the Lessee and/or Users are always jointly and severally liable for damages caused by breakage and/or loss to inventory and/or accommodation. Any damage must be immediately reported by the Lessee and/or Users to the Lessor and immediately reimbursed on the spot, unless the Lessee can prove that the damage was not due to his/her fault, other users or one of the members of his/her party.

10.5 If the Lessee and/or Users and/or third parties present on behalf of the Lessee or Users cause nuisance of whatever nature, or are guilty of misconduct, the Lessor may immediately dissolve the agreement. Nuisance or misconduct is considered as such if other guests or employees of Hacienda el Sueño qualify this as such. If the agreement is dissolved due to nuisance or misconduct, the Lessee will not be entitled to a refund of the rent.

10.6 The Lessor is allowed to enter the accommodation without the prior permission of the Lessee or User in all cases where this is necessary in order to provide the service required by the Lessor. Entry can then take place without the presence of the Lessee or User.

10.7 Charging electric cars is only permitted in the allocated places. It is expressly not permitted to charge such vehicles using the accommodation's power supply.

10.8 Smoking is not permitted in the accommodation. When acting in violation of this provision, additional costs may charged by the Lessor.

11. Deposit

11.1 The Lessor may require a deposit from the Lessee before or at the start of the stay.

The deposit can be determined taking into account the total number people staying in an accommodation

11.2 The total amount of the deposit is:

- to guarantee damages and/or costs -in the broadest sense of the word- that the Lessor may suffer in the event of non-compliance with the obligations of the Lessee and the Users;

- to guarantee compliance with the rules in general, in particular the rules regarding noise pollution, the use of (soft) drugs and the abuse of alcohol.

11.3 In the event that the deposit is not paid immediately, the Lessor is entitled to deny the Lessee and/or other Users access to and use of the accommodation.

11.4 If the Lessee fails to pay the deposit, the Lessor is entitled to dissolve (cancel) the agreement with immediate effect.

11.5 The deposit or remainder thereof will be returned after settlement of claims (damage to inventory/accommodation and/or other costs) of the Lessor against the Lessee and/or Users and/or after deduction as a result of non- (repeated) compliance with the rules by the Lessee and/or Users, via bank transfer. Any (further) claims for compensation are not nullified by this refund.

12. Cancellation fees

12.1 If a reservation is cancelled, cancellation costs are due. In case of cancellation up to 28 days before the day of arrival, these amounts are 25% of the Reservation Value and in case of cancellation from the 28th day before arrival or later the entire Reservation Value.

12.2 If the Lessee has not arrived within 24 hours after the agreed arrival date without further notification, this will be considered as a cancellation.

13. Force majeure and changes

13.1 If as a result of force majeure the Lessor (temporarily or permanently) is not able to execute the agreement in whole or in part the Lessor will propose an amendment within 14 days after the aforementioned circumstances have taken place. (for different accommodation, different period, different location, etc.).

13.2 Force majeure on the part of the Lessor exists (if the execution of the agreement is prevented in whole or in part, temporarily or permanently) due to circumstances which are beyond the control of the Lessor, including, but not limited to, threat of war, employee strikes, blockades, fire, floods and other disruptions or events.

13.3 The Lessee is entitled to reject the proposed amendment as mentioned above. If the Lessee rejects the proposed amendment, the Lessee should make this known in writing or by email within 14 days after receipt of the proposed amendment. In that case the Lessor reserves the right to terminate the agreement with immediate effect. The Lessee is then entitled to remission and/or restitution of the rental price (the part already paid thereof). The Lessor will not be obliged to compensate any damage in respect thereof.

14. Cancellation

14.1 The Lessor is at all times entitled to terminate an agreement with immediate effect, both if the personal details of the Lessee and/or other users are provided incompletely and/or incorrectly at the time of reservation, and if the Lessee and/or other User(s) in the opinion of the Lessor, misbehave in such a way that compliance of the lease cannot be demanded. In such case, no refund of the Reservation Value or any part thereof will be required.

15. Liability

15.1 If the law does not oppose this, the Lessor will limit its liability in the ways referred to in this Article 15. The lessor accepts no liability for theft, loss or damage of or to property or persons, of whatever nature, during or as a result of a stay and/or the rental/use of accommodation and/or other facilities of the Lessor, unless there is intent or gross negligence on the part of the Lessor or its employees.

15.2 Liability for damage consisting of loss of travel enjoyment or business and other consequential damage is excluded under all circumstances. Furthermore, the lessor is under no circumstances liable for damage for which there is a claim for compensation under a travel and/or cancellation insurance or any other insurance.

15.3 The Lessor is not liable for disruptions or defects in services provided or goods delivered by third parties.

15.4 Liability based on tort is always limited to a maximum of € 50.000,- for personal accidents per guest per stay and liability for material damage is per case limited to a maximum of € 1.000.- per Lessee/ User per stay.

15.5 The Lessee is both jointly and separately, together with the Users, liable for all loss and/or damage to the rented accommodation and/or other property of the Lessor (as well as the owner of the accommodation if this is not the Lessor) arising during or through the use thereof by the Lessee and/or Users, travel companions and/or third parties who are on the premises with the Lessee's consent, regardless of whether this is the result of acts or omissions by the Lessee, Users, travel companions and/or third parties who are in or around the rented accommodation with the Lessee's permission.

15.6 The Lessee indemnifies the Lessor against all claims with regard to damage from third parties that are (partly) the result of any act or omission of the Lessee itself, Users, travel companions or third parties who are in or around the Leased Property with the Lessee's permission.

15.7 The Lessee is required to leave the accommodation clean and tidy as found upon arrival. In addition, the Lessee is obliged to report any breakages, damages and/or defects. In case of incorrect use or lack of cleanliness, including but not limited to excessive filth, extra costs will be charged, which the Lessee is then obliged to pay to the Lessor immediately.

16. Complaints

16.1 Despite the care and efforts of the Lessor, the Lessee may believe that he or she may have a justified complaint with regard to the holiday accommodation. The Lessee must, immediately after it has arisen or is discovered, report this complaint on site or at the reception of the accommodation. The Lessee is always required to give the Lessor the opportunity to repair any defects.

If the complaint is not handled to the Lessee's satisfaction, the Lessee must undertake further steps within 1 month after departure from the accommodation, at the risk of forfeiting any claim beyond this notice period.

16.2 Complaints can be submitted in writing using the form on the website page www.haciendaelsueno.com/feedback .

17. Applicable law

17.1 The agreement between the Lessee and the Lessor is exclusively governed by Spanish law.

17.2 The court in Marbella has exclusive jurisdiction to hear any disputes that have arisen or will arise due to this agreement.

18. Travel documents

18.1 The Lessee is responsible for having the valid travel documents required for the Lessee's destination. Lessor accepts no liability for the consequences resulting from not being in possession of the correct travel documents.

19. Privacy

19.1 Lessor will always treat all personal data provided or made known to it in accordance with the provisions of the General Data Protection Regulation (GDPR). The landlord does not make your personal data available to third parties except for processing the data by third parties . It will use the data itself (and only ) to keep you informed of important news regarding Hacienda el Sueño and interesting offers and/or arrangements.

19.2 At the Lessee's request, the Lessor will correct, supplement, delete or shield the Lessee's data, if, for example, the data is factually incorrect. This may mean that the Lessee can no longer use (part of) the services of the Lessor. See our Privacy Statement in detail for what is stated in this point.

20. General

20.1 Obvious printing and typographical errors are not binding on the Lessor.

20.2 With these General Terms and Conditions, all previous rental conditions are null and void.

House rules

Dear guest,

We think it is important that everyone who stays at Hacienda el Sueño has a good time. We have therefore drawn up some rules. In addition to these House Rules, our General Terms and Conditions for Rental apply.

Download our app in the App tore. This will be your best travel guide en entails all the (practical) informatie you will need.

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Have a nice time in Mijas!

General
Treat all guests, everyone's privacy and each other´s property with respect. Do not cause any nuisance. Aggression, in any form, is never acceptable.

Be aware of noise pollution, that should never be the case. It must be extra quiet after 22.00, and from 23.00 to 08.00. the 'night rest' rules apply, and it should be quiet. Follow the directions of our employees. 

Arrival
The booking confirmation states the date and time from which the accommodation can be used.

A security deposit may be requested upon arrival or upon booking. In case of a rental period of more than 8 weeks, a deposit is standard.

If there are any defects or questions about the apartment, please notify us immediately.

Departure
On the day of departure, the key to the accommodation must be returned by 11.00 am, unless otherwise agreed/stated.

In case of loss of keys, the costs for replacing the key and possibly the locks will be charged.

Please leave the accommodation in good condition and tidy and remove the bed linen. Waste can be placed in the appropriate containers outside the complex.

In the case of a deposit, the amount will be refunded afterwards, provided that the accommodation has been found to be in order after inspection. Any damage will be recovered from the Lessee and/or settled with the deposit.

Cars on the site

Regular traffic rules apply onsite. The maximum speed is 10 km/h (walking pace). Pedestrians and (playing) children always have right of way. No cars or other motor vehicles are allowed on the property between 11pm and 7am.

Parking
Each apartment has its own parking space. Parking is only allowed in the private parking garage in the building of your accomodation.
With a view to calamities and accessibility for emergency services, paths, access roads and barriers must always remain free of means of transport and other obstacles.

Business/work (delivery) vans and trailers are not allowed in the parking spaces at the accommodations unless we have given permission for this.

Electric cars can be charged at the designated charging stations. It is absolutely not allowed to charge an electric car from the holiday home.

It is not permitted to carry out repairs and/or wash motor vehicles unless places have been designated for this purpose.

Use of accommodation
The holiday accommodation is owned by individual owners and therefore each has its own personal design. It is therefore important to treat the furniture and other belongings with respect. It is not allowed to displace, move or take furniture outside. The garden furniture also belongs to the relevant location and may therefore not be moved to other holiday accommodations or other locations. The same goes for the rest of the inventory.

Use water and electricity responsibly. If no one is present in the rented accommodation, the lighting, air conditioning or heating must be switched off.

Damage to the accommodation or the interior and/or the lack of items will be recovered from the responsible guest.

When you are not present in or near the accommodation, all loose items such as toys, etc. around the accommodation must be cleaned up/stored and placed out of sight. Bicycles are not allowed to be placed in the accommodation.

Smoking is never allowed in the accommodations, unless specifically stated otherwise. Smoking is allowed outside on the terrace, but please dispose of ashes and butts properly after you have smoked.

Party tents, side tents, canopies
It is never allowed to place tents or similar onsite.

Visit
Visitors are welcome at the resort and you do not have to pay for this; we do however ask that you register the visitors. Visitors are allowed to use the facilities, such as the swimming pool.

Guests of the Lessee must adhere to the same conditions and rules as the Lessee.

Visitors' cars must be parked in the central parking lot at the entrance.

Unless otherwise agreed with the park manager, visitors must leave the site before 23.00.

If you want visitors to stay overnight, this must be reported at the reception. They are registered as staying guests and must compulsorily be registered with the authorities. For this, a cost may be applicable like, among other things, tourist tax and services.

The limit of guests per apartment must never be surpassed.

Alcohol and drugs
Use of (soft) drugs and abuse of alcohol inside or outside the rented accommodations or any other facility is not permitted. It is also not allowed to move around the site with opened bottles or cans of alcoholic drink(s) or to consume
these drinks in places other than the rented accommodation, pool or at the restaurant. Public intoxication is prohibited in any case.

Naturally, glassware is strictly prohibited here.

Children must always be accompanied by an adult.

Facilities
Use of the swimming pool, wellness or other facilities is at your own risk. There is no supervision at the playgrounds, recreational pond, swimming pool and other play areas. Please note that any type of glassware is strictly forbidden here.

Drones
Due to safety and privacy on the site, drones are not allowed, unless permission has been given by the park manager.

Pets

Pets are welcome in the accommodations made available when booking. They may not be allowed in all accommodations.

Dogs must be kept on a leash at all times on the property. Cats are not allowed to run loose in connection with possible nuisance for other residents/guests.
Pets may only be walked outside the property; In the unlikely event that a pet relieves itself on the premises, it should be cleared up immediately. Pets may in no way be a nuisance to other guests onsite and are therefore not allowed in facilities such as swimming pools, wellness and restaurant unless otherwise indicated. Pets are also not allowed to use the water features on the property.

Waste
There are various containers in the recycling center outside the complex to deposit household waste. Do not place household waste outside of the accommodation or next to the garbage containers, as this can cause an odor nuisance and attract vermin.

Business bookings
With a business booking, the company that makes the booking is jointly responsible for the users of the rented accommodation and their compliance with these rules.

Only 1 user per room may stay in a rented accommodation.

On departure day, the booking party must ensure that the users staying in the accommodation are informed when they are due to check out and the keys must be returned to the lobby. If on the day of departure the accommodation is not completely vacated in accordance with the rules before 11.00 am, a new period will be charged to the booking party. After all, the accommodation is then not available in time for new guests, so they will have to be accommodated elsewhere.

Maintenance and cleaning work/malfunctions
Our park manager has the right to enter rented accommodations without prior permission in all cases where this is necessary with regard to the service to be provided, including carrying out maintenance and cleaning work and testing and inspecting installations. Buildings and installations can be temporarily taken out of service for maintenance work, without this entitling to a full or partial refund of the (rental) amounts paid or still to be paid.
When this is possible, the decommissioning will be announced in advance. In urgent cases, an announcement may be waived .

Open fire
Open fire on the site is prohibited due to the risk of fire.

Fireworks
Fireworks are strictly not allowed. On New Year's Eve, the park manager may designate a specific place on or outside the site where fireworks are allowed.

Use of barbecue
The use of a barbecue in the grounds is permitted if it is safe and does not cause any nuisance.

The park manager reserves the right to prohibit the use of a barbecue in special circumstances (eg in extreme drought).

Removal from the site/restriction of entry
Violation of the terms and conditions described in this document and/or failure to follow directions from staff may result in immediate removal from the site. In these cases, the guest can be denied further access to the site without this entitling the customer to a full or partial refund of the (rental) amounts paid or still to be paid.

In general, a warning will be given first. In urgent cases, at the discretion of the park manager, this may be waived and a guest will be ordered to leave the site immediately and denied access to the site. The park manager reserves the right to charge an (extra) deposit in the event of a (first) warning.

Our right to claim compensation for damage caused by a Lessee and /or guest also remains in force if this Lessee is refused further access to the site.

Unforeseen cases
The park manager decides in cases that are not regulated in the General Rental Conditions or this document. The guest has to comply with this.