TERMS & CONDITIONS/RENTAL AGREEMENT – Bakibax, S.L.

The words and phrases defined in the Booking Form or Email confirmation (e.g. “Property”) will have the same meanings when they are used in these Terms and Conditions. In addition, the following words and phrases shall have the following meanings unless the context otherwise requires:

“Property”: means the Villa BluehillSitges located at Carrer de Malvasia 19, Urbanización La Levantina, 08870 Sitges (Barcelona), Spain, destination designed exclusively for male guests and of legal age.

“Lessor”, “We”, “Us”): means the Spanish company named Bakibax SL, with registered office at Carrer de Malvasia 19, Urbanización La Levantina, 08870 Sitges (Barcelona), Spain, duly authorized to rent the property by the owner of the same.

“Guest”, “You” or “Your”): means exclusively the legal age (minimum 18 years old) male guest(s) named in the Booking Form or Email willing to rent the Property.Only in case of renting of the entire property also female guest(s) are allowed.

“Booking Form”: the written form produced by the Lessor that records the particulars of the Guests, Property, Period and any other relevant terms relating to the occupation of the Property for holiday purposes.

1. Formation of Contract

The contract between the Lessor and the Guest is formed on receipt of the Payment/Deposit. By paying the Deposit, the Guest is accepting the terms set out in these Terms and Conditions and the Booking Form, which together constitute the entire agreement between the Lessor and the Guest with regard to the booking of the Property.

2. Payment

50% of the whole amount of the reservation has to be paid upon booking, in concept of deposit, via WIRE TRANSFER, VISA, MASTERCARD, AMEX or DINERS and is not refundable. Payment is deemed received on receipt of cleared funds in the Lessor’s bank account. The whole amount needs to be paid upon booking if the arrival date is within 8 weeks. Refunds will be made for 100% of the deposit received if cancellation is done more than 4 weeks prior to arrival date and for 50% of the deposit received when cancellation is done less than 4 weeks prior to arrival. If the cancellation is done less than 3 days prior to arrival, no refund of the deposit received will be applicable.

3. Deposit

A provisional booking will not be kept unless the requested percentage of deposit is received.

4. Payment of Total Price

In all cases payment of the outstanding balance has to been done upon arrival with check in and that a deposit or block deposit can be requested to ensure payment for other services provided by the villa to the guest upon arrival at the check in.

5. Changes and Cancellation

You must advise us if you wish to change any detail of your booking (such as the number of guests). The check-in/out date cannot be changed.

In the unfortunate event that you need to cancel your holiday, your deposit will be refunded if the cancellation is done more than 4 weeks prior to arrival and for 50% if cancellation occurs less than 4 weeks. No refund will be done if cancellation is done less than 3 days prior to arrival. If you have paid the remaining balance for the Property, the amount of that balance follows the same rules. Therefore, we recommend having travel insurance. Should the Property, subsequent to booking, become unavailable through any cause, you must accept that the Lessor’s liability is limited to the amount of any rent paid.

Only in the event of a general lock down in Sitges, Catalonia or Spain the amount paid will be valid for an alternative booking.

6. Joint and several liability

Where the Guest comprises more than one person the liability of all such persons will be joint and several. The person who signs the Booking Form on behalf of the Guest warrants that he/she has full authority and power to sign it and to accept these terms and conditions on behalf of him/herself and any other persons comprising the Guest.

7. The Accommodation

The Accommodation must only be used by those guests (and where appropriate animals) named on the Check-In Form. You are not allowed to share the Accommodation or let anyone else stay there. You will occupy the property for holiday purposes and no other (unless a previously agreed event, such as a wedding, corporate event, etc).
 We will have the right to enter the Accommodation at all reasonable times during the day (save in the case of emergency, when we can enter at any time) for the purposes of inspection and repair of the Property and its equipment, fittings and contents.

8. Condition of the Accommodation

You must keep the Property and all furniture, fittings and effects (also dishes and cutlery), in or on the Property, in the same state of place, repair and condition as you found them at the commencement of the Period. The Lessor will be entitled to deduct monies from the Breakages Deposit if extra cleaning is made necessary as a result of the Property being left in a dirty condition upon the Guest’s departure.

9. Security/Breakages Deposit

In the event that your party exceeds the number of persons booked, we will ask you to pay the Security/Breakages Deposit, payable at the time of arrival with the amount of € 2.000,--.

The Security Deposit will be returned to you in full within 2 weeks after the end of the Period, providing no breakages or loss occurs during your stay. An inventory is carried out before your arrival and after your departure. Loss of keys, remote controls (Gate, ...) will be charged to the client at discretion of the Lessor. There will be a minimum cost of € 75,-- per item.

10. Smoking

Please note that smoking is prohibited inside all buildings and rooms by law. When guests smoke inside the Property’s buildings or rooms, the Lessor will be entitled to charge an amount of € 250,--. This amount will be used to clean the building or rooms, in order to prevent future guests experiencing inconvenience from the smell. Make sure cigarettes, cigars, pipes, etc. are properly extinguished when smoking outdoors.

11. Pets

Pets are permitted on the Property/Accommodation only if agreed by the Lessor for a surcharge. If a pet is taken to the Property/Accommodation without the Lessor’s consent, or the stated number/size of pets is exceeded, the Lessor is entitled to refuse entry and this will be treated as a cancellation by the Guest.

12. Liability/Amenities

The use of the Property and all its amenities offered, such as swimming pool, jacuzzi, sauna, steam cabine etc. are entirely at your own risk, and the Lessor will not accept any responsibility for loss or damage to the Guest’s belongings, personal injury or loss of life.

You agree not to cause any damage to the walls, doors or windows of the Property and not to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.

13. Your Conduct towards staff

We reserve the right to refuse to accept you (and your party) as a guest(s) or continue dealing with you (and your party) if behaviour is disruptive, threatening or abusive towards our staff. In any of these circumstances you (and your party) may be evicted from the Property and no refund will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour. Criminal proceedings may also be instigated.

14. Arrival and Departure

The Property will be ready for occupation from 4pm on the day of arrival. You must vacate the Property no later than 11 am on the last day of the Period. You will be liable for any loss, damage, claim, cost or expense arising from any failure on your part to vacate the property in accordance with this condition.

15. Holiday & Personal Insurances.

We strongly advise you to take out holiday insurance to cover: (i) any eventualities that may result in you having to cancel your holiday; and (ii) any losses, accidents, damage, injury, expense or inconvenience whether to a person or property which may arise out of or in connection with your holiday. No responsibility is taken by the Owner for the loss or damage of personal property or injury or loss of life whilst on the Property.

16. Contacting You

If you book via our website or have opted in other circumstances for us to contact you via e-mail, we will communicate with you using the e-mail address you have provided. For example, to provide your confirmation, we will assume that your e-mail address is correct and that you understand the risks associated with using this form of communication.

17. Complaints

To enable any complaint to be investigated and an action considered, complaints must be taken up with the Lessor immediately. The responsibility for any necessary remedial action at all times shall remain with the Lessor. If the Guest vacates the Property prematurely as a result of any alleged dissatisfaction, or makes any claim upon return home from the Property, and has not followed this procedure, then no liability for any subsequent claim will be accepted or correspondence entered into. All complaints made during the Period must be confirmed in writing to the Lessor within 7 days of the last day of the Period.

18. Jurisdiction

These terms and conditions shall be read and construed in accordance with the local laws of Spain, and the parties hereby any dispute arising out of this contract to the exclusive jurisdiction of the Spanish courts.

19. Individual house rental

When houses or rooms are rented individually (not the entire property), only male guests are allowed.

20. Noise Restriction

1. For the purpose of a good quality of life for everyone, the daily life of everyone in their home requires a civil and respectful behavior that takes into account the neighbors and the need not to disturb them with unnecessary noise, such as hitting, shouting, loud music, partying, using loud devices, or other similar behavior, especially between 9 p.m. and 8 a.m. the next day. To this end, the use of noisy household appliances, musical instruments, singing, repairs, handling materials or changing furniture or any other activity that may disturb the rest of others is not allowed during the above hours (9:00 PM - 8:00 AM). No outdoor music is allowed other than provided by the Lessor.

2. The evaluation of acoustic emitters that can be manipulated in volume or intensity by the source of the noise (voices, impacts, dragging furniture, televisions, audio equipment...) and that cannot be measured with a sound level meter must be carried out by the municipal inspector or local police officer with criteria of willfulness and disproportionateness due to the large volume, in such a way as to be considered excessive. The behavior of citizens that causes noise in their homes may not exceed he limit values for immission set out in Annex 4 of the national ordinance.

3. The starting point is that the behavior of citizens must remain within the boundaries of peaceful coexistence with respect for the rights of other people.