Hacienda el Sueño

28122022

General terms and conditions of rentals

1. Application

1.1 These General Terms and Conditions apply to all offers, reservations and agreements relating to all accommodation and other facilities, which are rented out by Hacienda el Sueño. Additional conditions may be imposed on location, these will then apply in addition to these General Conditions. If there is any conflict between the General Conditions and the additional conditions, the additional conditions shall prevail.

1.2 A ‘Renter’ is the person who enters into an agreement with the Landlord in relation to temporary rental/temporary use of accommodation. The term ‘Users’ means the persons staying in the accommodation together with the Renter.

1.3 Landlord means (also) the party that mediates in the rental of the accommodations at Hacienda el Sueño.

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

1.5 Agreements deviating from these General Terms and Conditions shall only be valid if agreed in writing. 

2. Reservations

2.1 The lessor will only accept reservations from persons 18 years of age or older. Reservations made by persons under that age are therefore not valid.

2.2 The lessor reserves the right, without giving reasons, to refuse deviating reservations, in particular groups and stays that are not of a recreational nature, but not exclusively, or to impose special conditions.

2.3 If the Landlord accepts a booking, the Landlord will send the Tenant a (written) order confirmation within 14 days, which will also include an invoice. The Tenant must check the order confirmation as well as the invoice for accuracy immediately upon receipt. Any inaccuracies must be notified to the Landlord immediately, but in any event within 8 days.

2.4 If the Renter does not receive a written order confirmation including invoice within 14 days of the reservation being made, the Renter must contact the reservation department without delay, failing which the reservation cannot be invoked.

2.5 A contract is formed between the Tenant and the Landlord when the Landlord has sent the order confirmation.

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

3. Amendments to the agreement

3.1 If, after the formation of the contract, the Tenant wishes to make amendments to the contract, the Landlord shall not be obliged to accept them. It is at the Landlord's discretion to determine whether and to what extent it accepts such amendments. In case Landlord accepts the amendments, Landlord may charge amendment fees.

3.2 The Landlord is permitted, if there are circumstances that give cause to do so, to adjust the reservation in all reasonableness and fairness. This may include offering one or more other properties as an alternative.

4. Indeplaatsstelling

4.1 The Tenant and the other users of the Subjects are not allowed to give the accommodation in use under any name and for any reason whatsoever to persons other than those named in the contract, unless otherwise agreed in writing with the Landlord.

4.2 Should there be a replacement of the user(s), the original tenant remains obliged to pay the outstanding part of the rental fee, the modification fee (see Art. 3.1) and any additional costs resulting from the replacement and any cancellation fees. 

5. Prices 

5.1 The Tenant shall owe the Landlord the agreed rent, as stated in the written confirmation also invoice of the reservation. If the Landlord's costs (personnel, energy, taxes, etc.) have demonstrably and unforeseeably increased after the conclusion of the agreement, the Landlord shall be entitled to increase its prices and charge the Tenant the increased price. If this price increase will be implemented within 3 months after the agreement has been concluded, that price increase will be a maximum of 5% of the previously agreed price and the Tenant has the right to dissolve (cancel) the agreement on that ground.

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

5.3 Where applicable, all prices are inclusive of VAT unless otherwise stated.

5.4 It is not possible to combine different discounts.

5.5 Discounts do not apply to bookings with stays longer than three weeks, unless otherwise stated.

6. Additional costs 

6.1 In addition to the rental price, the Renter shall also owe additional costs, as defined in the price annex. The total amount owed by the Renter is referred to as the ‘Reservation Value’.

7. Payments 

7.1 Reservations are subject to a 50% deposit within 14 days of booking. No later than 14 days before arrival, the second 50% of the rent must be paid. For bookings made within 14 days before arrival, the entire booking amount must be paid.

7.2 In the event of late payment of the amounts invoiced to the Tenant, the Tenant shall be in default immediately after the expiry of the term for payment. In such a case, the Landlord reserves the right to dissolve (cancel) the contract with effect from the day on which the 14-day period has expired. The Tenant shall then be liable for all damage that the Landlord suffers or will suffer as a result, including all costs incurred by the Landlord in connection with the reservation and the dissolution, the Tenant shall also owe statutory interest. In addition to the foregoing, the Landlord shall in any case be entitled to charge cancellation costs per accommodation. In that case, the provisions of Article 12 shall apply.

7.3 The Landlord shall always be entitled to set off claims against the Tenant on any account against the amounts paid by the Tenant on any account.

8. Arrival and departure 

8.1 Unless otherwise agreed, the rented accommodation may be occupied on the agreed day of arrival as stated on the confirmation of reservation from 16.00 hours and must be vacated on the agreed day of departure as stated on the confirmation of reservation before 11.00 hours.

8.2 If the Tenant wishes to continue the contract with the Landlord for longer than the agreed duration and the Landlord agrees to this, the Landlord is always entitled to designate another accommodation.

8.3 If the use of the accommodation and/or other facility is terminated earlier than the agreed date, as stated on the reservation confirmation, the Lessee is not entitled to a refund of (part of) the lease price and/or costs.   

9. Pets 

9.1 Depending on the accommodation, a maximum of 1 or 2 pets of the Lessee or Users will be allowed by the Lessor. If the Lessee and/or other Users wish to bring along pet(s), the Lessee must indicate this immediately upon reservation. In that case, the Landlord may charge the Tenant a surcharge. Landlord reserves the right - without giving reasons - to refuse pets on the property. Pets are in any case not allowed in some types of accommodation.

9.2 Pets do not have access to water features, swimming pools, restaurants, indoor centre facilities and other public places on the property (unless otherwise specified on site). Pets must be leashed outside the accommodation. Instructions on site must be followed. Pets must not cause a nuisance to other guests.

9.3 A dog basket must be brought and a flea collar for dogs/cats is compulsory.

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

9.5 Animals transported to countries within the EU must be in possession of a European-style passport (from 3 July 2004). Animals must be vaccinated against rabies and identification by means of a chip or tattoo is compulsory. The tenant is responsible for having the correct travel documents required for the destination.

10. Use of accommodation 

10.1 The Lessee must use the leased accommodation in an orderly manner and act with due diligence.

10.2 The Renter and/or the Users, are severally liable for an orderly course of affairs in and around the rented accommodation or at the location.

10.3 Public drunkenness and drug use is not permitted.

10.4 In addition, the Renter and/or the Users are always jointly and severally liable for damage due to breakage and/or loss and/or damage of inventory and/or accommodation. Any damage must be immediately reported by the Renter and/or Users to the Landlord and immediately compensated on the spot, unless the Renter can prove that the occurrence of the damage is not due to the fault of himself, Users or one of the members of his party.

10.5 If the Tenant and/or Users and/or third parties present on behalf of the Tenant or Users cause a nuisance of any kind, or are guilty of misconduct, the Landlord may dissolve the agreement with immediate effect. A nuisance or misbehaviour will in any case be deemed to exist if other guests or employees of Hacienda el Sueño qualify this as such. If the agreement is terminated due to nuisance or misconduct, the Lessee will not be entitled to a refund of the rent.

10.6 The Landlord is permitted to enter the accommodation without prior permission from the Tenant or User in all cases in which this is necessary with regard to the service to be provided by the Landlord. Entry may then take place without the Tenant or User being present.   

10.7 The charging of electric cars is only permitted in the places provided for this purpose. It is expressly forbidden to charge such vehicles using the accommodation's power supply.

10.8 Smoking is not permitted in the accommodation. If this provision is violated, additional costs may be charged. 

11. Deposit 

11.1 The Landlord may require a deposit from the Tenant before or at the start of the stay.

The deposit may be determined taking into account the total number of Tenant and Users staying in accommodation

11.2 The total amount of the deposit serves:

• to guarantee damage and/or costs -in the broadest sense of the word- that the Landlord may suffer in the event of non-compliance with the obligations of the Tenant and the Users;
• to ensure compliance with the rules in general, in particular the rules concerning noise nuisance, 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 Renter and/or other Users access to and use of the accommodation.

11.4 If the Tenant fails to pay the deposit, the Landlord is entitled to dissolve (cancel) the Agreement with immediate effect.

11.5 The deposit or any balance thereof will be refunded by bank transfer after settlement of any claims (damage to inventory/accommodation and/or other costs) of the Landlord against the Tenant and/or Users and/or after deduction as a result of non-compliance or repeated non-compliance by the Tenant and/or Users. Any (further) claims for damages shall not be extinguished by this refund.

12. Cancellation fee

12.1 If a Reservation is cancelled, a cancellation fee will be payable. These amounts are 25% of the Reservation Value if cancelled up to 28 days before the date of arrival and the entire Reservation Value if cancelled from the 28th day before arrival or later.

12.2 If the Renter has not arrived within 24 hours of the agreed date without further notice, this will be considered a cancellation.

13. Force majeure and amendments

13.1 In the event that the Landlord is unable or temporarily unable to perform the agreement in full or in part due to force majeure, it will submit a change proposal (for other accommodation, other period, other location, etc.) to the Tenant within 14 days after it has become aware of the inability to perform the agreement.

13.2 Force majeure on the part of the Landlord shall exist if the performance of the Lease is prevented in full or in part, temporarily or otherwise, by circumstances beyond the Landlord's control, including but not limited to war risk, personnel strikes, blockades, fire, pandemics and epidemics, government intervention, floods and other disruptions or events.

13.3 The Tenant is entitled to reject the amendment proposal. If the Tenant rejects the amendment proposal, the Tenant must make this known (depending on the commencement date of the lease at the latest) within 14 days of receiving the amendment proposal. In that case, Landlord has the right to dissolve the agreement with immediate effect. The Tenant shall then be entitled to remission and/or restitution of (the part of) the rent already paid. The Landlord will not be obliged to compensate any damage.

14. Termination 

14.1 The Landlord has the right to terminate the agreement with immediate effect at any time, both if the personal details of the Tenant and/or other User(s) are incomplete and/or inaccurate when making the reservation, and in the event that the Tenant and/or other User(s) misbehave to such an extent, in the Landlord's opinion, that continuation of the Lease Agreement cannot be required. In such a case, there will be no refund of the Reservation Value or any part thereof.

15. Liability

15.1 If the law does not prevent it, the lessor limits its liability in the ways mentioned in this article 15. The lessor accepts no liability for theft (including theft from lockers and (pool) lockers), loss of or damage to property or persons, of any nature whatsoever, 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. The lessor is furthermore in no case liable for damage for which a claim to compensation exists under travel and/or cancellation insurance or any other insurance.

15.3 The lessor is not liable for service failures or defects in services provided or items delivered by third parties.

15.4 Liability based on tort is in any case limited to a maximum of € 50,000 for personal accidents per Guest per stay and liability for material damage is in any case limited to a maximum of € 1,000 per Tenant/User per stay.

15.5 The Tenant is jointly and severally liable with Users for all loss and/or damage to the rented accommodation and/or other property of the Landlord (as well as the owner of the accommodation if this is not the Landlord) caused during or by the use thereof by the Tenant and/or Users, travel companions and/or third parties who are on the site with the permission of the Tenant, irrespective of whether this is the result of acts or omissions of the Tenant, Users, travel companions and/or third parties who are in or around the rented object with the permission of the Tenant.

15.6 The Tenant indemnifies the Landlord against all claims for damages of third parties that are (partly) the result of any act or omission of the Tenant himself, Users, travel companions or third parties who are in or around the Subjects with the Tenant's consent.

15.7 Extra costs will be charged in the event of improper use or improper abandonment of the accommodation, including but not limited to excessive filthiness, which the Tenant will be obliged to pay immediately to the Landlord.

16. Complaints

16.1 Despite the Landlord's care and effort, the Tenant may consider that the Tenant has a justified complaint regarding the holiday accommodation. This complaint must be reported by the Tenant in the first instance on the spot and immediately after arising or discovery at the reception of the accommodation. Should the complaint not be dealt with to Tenant's satisfaction, Tenant must take follow-up action within 1 month of departure from the accommodation at the latest, on pain of forfeiting any claim.

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

17. Applicable law

17.1 The agreement between Tenant and Landlord is exclusively governed by Spanish law.

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

18. Travel documents

18.1 The Tenant is responsible for having the valid travel documents required for Tenant's destination. The Landlord accepts no liability for the consequences arising from not having the correct travel documents.    

19. Privacy

19.1 The Landlord will always treat all personal data provided to it or becoming known in accordance with the provisions of the General Data Protection Regulation (AVG) . The lessor will not make your personal data available to third parties except for processing of 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 packages.

19.2 At the Tenant's request, the Landlord will correct, supplement, remove or shield the Tenant's data in the event, for example, that the data are factually incorrect. This may result in Tenant no longer being able to use all or part of Landlord's services. For what is mentioned in this section, please see our Privacy Statement in detail.

20. General

20.1 Obvious printing and typesetting errors do not bind the Landlord.

20.2 With these General Terms and Conditions, all previous rental conditions lapse.

21. House rules

Dear guest,

We find it important that everyone who stays at Hacienda el Sueño has a good time. For this reason, we have drawn up a number of rules together. In addition to these House Rules, the General Rental Conditions apply.

Download our app from the app store. This is your best travel guide and it contains all the (practical) information you need.

For everything, please be sure to let us know if we can help you with anything.

Have a great time in Mijas!

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

Pay attention to noise nuisance, there should never be any. After 10pm, it should be extra quiet; from 11pm to 8am, ‘night rest’ applies and it should be quiet. 
Always follow the instructions of our staff. 

Arrival
The booking confirmation states the date and time from which the accommodation is available. 

A deposit may be requested upon arrival or booking. In the case of rental periods of more than 8 weeks, a deposit is required as standard.

If there are any defects or questions concerning the apartment, please inform us immediately.

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

If keys are lost, the cost of replacing the key and any locks will be charged.

Please leave the accommodation in good condition and tidy and remove the beds. Rubbish can be put in the containers provided. 

In case of a deposit, the amount will be refunded afterwards, provided that the accommodation is found to be in order after inspection. Any damage will be recovered from the tenant and/or deducted from the deposit.

Cars on the site
Regular traffic rules apply on the premises. The maximum speed is 10 km/hour (at walking pace). Pedestrians and (playing) children always have the right of way.

No cars or other motor vehicles are allowed on the site between 11pm and 7am.

Parking 
Each flat has its own parking space. Parking is only allowed in the private car park.
In view of emergencies and accessibility for emergency services, paths, access roads and passages must always remain free of vehicles and other obstacles.

Business/work (delivery) vans and trailers are not allowed in the parking spaces near the accommodation unless permission has been granted by us.Electric cars can be charged at the designated charging stations.It is absolutely not allowed to charge an electric car from the holiday accommodation. 

Business/work (delivery) vans and trailers are not allowed in the parking spaces near the accommodation unless permission has been granted by us. 

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

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

Use of accommodation
The flats belong (mostly) to individual owners and therefore each has its own personal furnishings. It is therefore important to treat the furniture and other belongings respectfully. It is not allowed to move, move furniture or take it outside. Garden furniture also belongs to the respective location and, for this reason, may not be moved to other flats or other locations.The same applies to other inventory.

Use water and electricity responsibly. If nobody is present in the rented property, the lighting, air conditioning or heating should be switched off.

Damage to the accommodation or the interior and/or missing 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. should be cleared away/stowed away around the accommodation and placed out of sight. Bicycles may not be placed in the accommodation. 

Smoking is never allowed in the flats. Smoking outside on the terrace is allowed, but please dispose of ashes and cigarettes properly after smoking.  

Party tents, additional tents, canopies
It is never allowed to place tents or similar on the premises.

Visit
Guests of the lessee are welcome to visit the park and do not have to pay for this; however, we do ask visitors to report to reception. Visitors may use the facilities, such as the swimming pool.

Guests of the lessee must abide by the same conditions and rules as the lessee.

Visitors' cars must be parked in the central car park near the entrance. 

Unless otherwise agreed with the park manager, visitors should leave the premises by 11pm. 

If you want visitors to stay overnight, they should be registered at reception. They will be registered as lodgers and compulsorily registered with the authorities. This may incur charges for taxes and/or services, among other things.

The maximum number of people allowed in the accommodation may never be exceeded.

Alcohol and drugs
Use of (soft) drugs and abuse of alcohol inside or outside the rented accommodation or the catering facility is not permitted. Moreover, it is not allowed to move around the grounds with opened bottles or cans of alcoholic drink(s) or to consume these drinks in places other than the rented accommodation or at the restaurant.

Public drunkenness is prohibited anyway.

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 facilities. Glassware is strictly forbidden here.

Children must always be accompanied by an adult.

Drones
In connection with safety and privacy on the grounds, drones are not allowed unless permission is granted by the park manager.

Pets

Pets are welcome in the flats made available for this purpose at the time of booking. They are not allowed in all other accommodation.  

Dogs must be kept on a leash on the premises at all times. Cats may not run loose outside due to possible nuisance to other residents/guests.

 Pets may only be taken out outside the grounds; should a pet unexpectedly relieve itself on the grounds, please clean up immediately.
 
Pets may not disturb other guests in any way and are therefore not allowed into facilities such as swimming pools, wellness and catering establishments unless stated otherwise. Pets are also not allowed to use the ponds on the site.

Waste
There are various containers in the environmental area for depositing household waste. Please do not place household rubbish next to the accommodation or next to the rubbish containers as this can cause an odour nuisance and also attract vermin.

Business bookings
When making a business booking, the booking company is co-responsible for the users of the rented accommodation and their compliance with these rules.

In rented accommodation, only one user is allowed to stay per room.                                                                                                     

The booking party shall ensure that the occupants of the accommodation are informed when they must vacate the accommodation and return the keys to reception.  
If, on the day of departure, the accommodation is not vacated in accordance with the rules by 11.00 a.m., the booking party will be charged for a further period. This is because the accommodation will then not be available in time for new guests and they will have to be accommodated elsewhere.

Maintenance and cleaning work/faults
Our park manager has the right to enter rented accommodation without prior permission in all cases where this is necessary with regard to the service to be provided, including the performance of maintenance and cleaning work and the testing and inspection of installations. Buildings and installations may be taken out of operation temporarily for maintenance work, without this entitling to full or partial refund of the (rental) sums paid or still to be paid. 
Whenever possible, a shutdown will be announced in good time. An announcement may be waived in urgent cases.

Open fire
Open fire on the premises is prohibited due to fire hazard.

Fireworks
It is not allowed to set off fireworks on the site. At New Year's Eve, the park manager may designate a certain place on or outside the grounds where setting off fireworks is allowed.

Use of barbecue
The use of a barbecue on the grounds is allowed after consultation and if it does not cause any nuisance.

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

Removal from the premises/denial of access
Violation of conditions and rules described in this document and/or failure to comply with instructions from staff may result in immediate removal from the premises. In these cases, the guest may be denied further access to the premises without entitlement to the full or partial refund of the paid or outstanding (rental) sums. 

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 summoned to leave the premises immediately and denied access to the premises. The park manager reserves the right to charge an (additional) deposit in the event of a (first) warning.

Our right to claim compensation for damage caused by a tenant and/or guest also remains in place in case this tenant is denied further access to the premises.

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