Terms and Conditions
1. STATEMENT OF FACTS
This rental is considered as a tourist rental of the property owned by RETIRO SOL SL (lessor), which is rented to the lessee and other accompanying persons (tenants), whose main purpose is not to be the home of the lessees of this contract, the habitual residence of the lessee being the one indicated in the personal details of the reservation.
2. PURPOSE OF THE RENTAL
RETIRO SOL S.L. rents turistically the property, under the regime of tourist lease, the selected accomodation with the furniture, electrical appliances and household goods inside the property, and the use of common elements of the community such as gardens, swimming pool, terraces...) that have been included in our offer advertised through different channels and web marketing platforms such as our web page: https://www.retirosol.com/es. Therefore, for the purposes of the reservation and the present contractual conditions, the accomodation is understood to be the dwelling and the related furniture and belongings as part of the same property, and the use of the common elements of the property.
If an apartment is booked through another booking site, such as booking.com, the terms and conditions of that booking site will prevail over those of retirosol.com.
3. PRICE
The reservation fee must be payed immediately. It includes the rent for the lease, plus a legal deposit to guarantee the fulfilment of the obligations assumed under this rental contract. The deposit is established to guarantee the legal and contractual obligations of the tenants.
If you have booked directly through our website and the arrival date is more than 30 days away, you have the option to make a 50% deposit instead of full payment. The remaining payment is due 7 days prior to arrival. If we have not received your payment on time, we have the right to cancel the booking without refund of the deposit.
4. RESERVATION
Once the reservation has been made and the payment for the accommodation has been made in full, RETIRO SOL S.L. will send the confirmation of the reservation to the tenants as soon as possible, in order to formalise the contracting of the accomodation. This confirmation will be sent to the guest via a link. This link will indicate how to get there, and the rules of conduct in the urbanisation.
In the event that there is a difference between the payment of the accommodation and the total cost of the tourist lease, this difference will be indicated by message, and must be paid at the time of entry into the accomodation, without prejudice to the fact that during the contracted occupation other amounts may arise that must be paid by the tenants. RETIRO SOL S.L. is authorized to claim from the TENANT the outstanding credit.
The reservation price does not include:
- Half board, full board or breakfast.
- Additional charges, such as extra nights or an increase in the number of people staying.
- The amount of the extra services that RETIRO SOL S.L. offers and that can be contracted at the arrival of the guest.
- Local Tourist Tax.
5. DURATION
The main condition of the contract is that the contracting party's stay in the selected accomodation is strictly subject to the period indicated in the reservation made by the contracting party. If upon expiry of the term, the TENANT does not leave the accomodation and/or the rented furniture free and at the disposal of RETIRO SOL S.L., the latter will be obliged, as a penalty clause freely agreed between the parties, to pay the daily rent fixed in the contract in triplicate, for each day that they remain in possession of the accomodation no longer reserved, the rent fixed in the contract plus the compensation for damages that may be caused. The amount resulting from the application of this penalty clause will be claimed from the moment of expiry of the contract in accordance with the previous clause, an obligation that the tenant and other occupants expressly recognise and assume from this very moment.
6. COMPLIANCE WITH THE INTERNAL RULES AND REGULATIONS AND STATUTES OF THE COMMUNITY
The tenant and the other occupants are obliged to behave in a civil manner and to respect these basic rules of conduct and the internaland the internal legal regime of the estate during their stay in the urbanisation.
The lessor will provide them with the necessary regulations in this respect.
7. STATE OF THE DWELLING AND DUTY OF CARE
The tenant and other occupants receive the property in good and clean condition, being the state of the accomodation to their entire satisfaction, as well as the facilities of the same, committing themselves to keep it in identical conditions.
The tenants will be responsible during their stay in the accomodation for keeping it in good conditions of use and to return it in the same good condition in which they received it. Furthermore, the tenant is responsible for any breakage, deterioration or loss that may occur in the accomodation, in the furniture, furnishings, accessories, keys, etc.
Once the lease is finished, the amount for the repair of the damages, broken or deteriorated objects, will be deducted from the deposit given, and if this does not cover the amount of the same RETIRO SOL S.L. is authorized to claim it. Without prejudice to this, the tenants must communicate within a maximum period of twenty-four hours any deterioration or breakage produced in any furniture or belongings of the accomodation.
8. PROHIBITIONS ON TENANTS
8.1. The use of the accomodation for purposes other than as a tourist dwelling is not permitted.
8.2. Prohibition of the use of the property as a habitual residence. The destination for which the property is rented is the "tourist accomodation”, without in any case can be used for the usual and permanent residence of the tenant, as this destination is contrary to the business activity of RETIRO SOL S.L. It is expressly forbidden for tenants to register in the accommodation through the municipality town hall. RETIRO SOL S.L. reserves the right to immediately cancel the reservation and / or the contract at the time it detects that by the TENANT are carried out actions aimed at the permanent destination in the house, as well as to claim damages for such conduct have been caused.
8.3. Works on the property. It is expressly forbidden to carry out any work on the property by the tenants.
8.4. Prohibition of assignment/subletting. The total or partial transfer or subletting of the accomodation for which the reservation is made is expressly prohibited. To this end, the accomodation may only be occupied by the number of persons indicated in the reservation.
8.5. Prohibition of economic/business activity in the accomodation. Although the accomodation is not to be used as a permanent dwelling, in any case it is expressly forbidden to carry out any type of business/economic activity in the rented accomodation.
8.6. Prohibition of disturbing activities for third parties/neighbours of the property. All activities that cause nuisance, harm or damage to third parties/neighbours of the property, such as parties, activities contrary to order, smoking inside the accomodation are expressly prohibited. The tenants are expressly obliged to respect the rules of the community of owners and not to carry out activities that are annoying, harmful or uncivil to the neighbourhood or to accumulate dangerous materials. In the event of any incident, the tenants will forfeit the deposit. In the event of serious or repeated incidents, the accommodation will be vacated, the contract will be cancelled immediately, and the tenants will lose the price of the reservation and the deposit, as damages and prejudices.
8.7. Prohibition to develop illegal activities in the property.
8.8. Entry of the Owner. The tenant expressly agrees to allow entry to the Owner or person authorized by him for the purpose of inspecting the condition of the property and the use and maintenance thereof. RETIRO SOL S.L. reserves the right to grade, in function of the facts, breaches of these rules and to apply the repercussions of non-compliance accordingly, with only those considered to be serious or those which, although not serious, involve a repetition of the breach of the obligations contracted herein being grounds for termination.
8.9. Rubbish. Do not leave rubbish bags on the landings or at the entrance to the building. Rubbish must be deposited in the appropriate containers on the public roads.
8.10. No smoking. Smoking is not allowed inside the accomodation.
8.11. Pets. The keeping of animals is not permitted inside the accomodation. Furthermore, it is expressly forbidden in the internal regulations of the community for animals to pee or poop inside the community plot.
8.12 Electricity water and air conditioning. When leaving the accomodation, the lights, water, and air conditioning must be switched off and turned of. Our philosophy of environmental responsibility is very important to us. Non-responsible use may be penalised.
9. OBLIGATIONS OF TENANTS
The tenants must comply with all the clauses of the contract, and especially pay the reservation (rent and deposit), and must inform RETIRO SOL S.L. immediately of any doubt, query, or damage caused to the accomodation or its furniture and furnishings, and leave the property within the period agreed in the contract.
10. BREACH OF CONTRACT
In case of any incident the TENANTS will lose the deposit and if for reasons of seriousness or repetition of incidents it is necessary to vacate the accomodation, we will proceed to the immediate cancellation of the contract. In this case the tenant will lose the total amount paid and the deposit, as damages and prejudices.
11. DEPOSIT
In guarantee of the good use of the accomodation, the amount of three hundred euros 300,00 € can be charged at the time of booking as a deposit at the time of booking in accordance with clause two, which responds to possible breaches, or damage to the accomodation or its furnishings during your stay, as well as any charges not paid by the tenants. In the event that these damages or charges should exceed the DEPOSIT, RETIRO SOL S.L. will be entitled to claim these amounts.
The tenant and other accompanying persons accept the amount of the deposit.
The settlement of the balance of the deposit will take place within thirty days of the termination of the contract (departure/check out of the accomodation), provided that the apartment is handed over in the agreed clean and undamaged condition.
12. ARRIVAL AND DEPARTURE FROM THE ACCOMODATION
12.1. Arrivals/check-in. To facilitate optimal attention to the tenants, it must previously inform the day and time of arrival. Any delays will not change the reservation price for occupancy, and no amount will be refunded for such delays.
At that time:
a) The time of entry to the ACCOMODATION is from 16:00 pm unless agreed otherwise. If the tenants do not give notice of their arrival time or possible delay in the previously confirmed time, he should know that RETIRO SOL S.L. will only answer the phone from 8:00 am to 22:00 pm working days
b) Tenants will receive a digital key to enter the accomodation, as well as telephone numbers and contacts, and if applicable, the rest of the supplementary services offered by RETIRO SOL SL and which are not included in the reservation price.
c) The tenants accept the price amount of the deposit if requested
d) Tenants will digitally provide their ID cards or passports or official documents that allow their identification if requested. These documents will be photocopied by RETIRO SOL S.L. for filing in order to complete the necessary information for the list to be provided to the Police. The owners of tourist accommodation must comply with the provisions of Royal Decree 933/2021, of 26 October, which establishes the documentary registration and information obligations of natural or legal persons who carry out accommodation and motor vehicle rental activities and communicate to the police the information contained in the registration sheets referred to in Order INT/321/2021, of 31 March, which modifies Order INT/1922/2003, of 3 July, on registration books and entry reports of travellers in hotel and catering establishments and other similar establishments, with regard to registration obligations.
12.2. Check-out. Departure/check-out from the accomodation shall take place on the day designated in the booking before 10:00 am unless agreed otherwise.
RETIRO SOL S.L. will return the deposit after the check out having verified that the accomodation is in correct state and cleanliness, furniture and trousseau in perfect conditions, and that there do not exist pending charges to liquidate of any type, in a term not superior to thirty days.
13. KEYS
RETIRO SOL S.L. has a key that opens the accomodation object of the present lease and that can only be used in the following cases, by express authorization from this moment of the TENANT by one of the followuing cases:
1) loss of sets of keys;
2) a situation of danger or risk or serious nuisance for any of the occupants, for the accomodation or for the adjoining properties;
3) for serious or repeated violation of the Rules of Conduct in the flat and in the development.
4) for actions aimed at making the dwelling a permanent dwelling; and
5) for failure to vacate the accomodation on the date agreed by the parties, without prejudice to the collection that RETIRO SOL S.L. may make through the deposit or through a claim from the expiry of the contract for the damages that the failure to vacate may cause, as well as the rent supplements agreed as a penalty clause.
The entrance in the accomodation in these cases will suppose immediately the resolution of the contract of tourist renting, guaranteeing RETIRO SOL S.L. that the personal belongings of the tenants will be deposited properly under its custody during 24 hrs, waiting that they are withdrawn by this one.
In case of loss, breakage, or any other cause that makes the access key to the property unusable for any reason, a charge of 30€ (VAT included) will be made.
14. GENERAL EXPENSES, SERVICES AND SUPPLIES
The general expenses, services, Community of Owners and supplies of the accomodation are included in the agreed rent.
The tenants expressly commits themselves to the reasonable and sustained use of the supplies that the accomodation has, reserving RETIRO SOL S.L. the corresponding actions for the case of a negligent and fraudulent use of the same and that could cause economic damages.
15. CLEANING OF THE ACCOMODATION AND CHANGE OF BED LINEN AND TOWELS
RETIRO SOL S.L. does offer as a service the cleaning of the flat, and change of sheets and towels, whose price is included in the price of the reservation. Also RETIRO SOL S.L. offers one mid-stay towel change.
16. MODIFICATION AND EXTENSION OF RESERVATION
The tenants may modify and extend the agreed booking, provided that the accomodation is available on the additional dates.
RETIRO SOL S.L. cannot guarantee the availability of additional days not stipulated or specified in the original booking confirmation.
17. CANCELLATION OF RESERVATION
These cancellation terms apply to bookings made through our website (retirosol.com). For bookings made via external websites, such as booking.com, the terms of the respective organization apply.
It is possible to cancel a booking up to 7 days before the scheduled arrival date. You have the following options to cancel:
- Submit a contact form via the website (retirosol.com).
- Send an email to info@retirosol.com.
The already paid amount will be refunded as soon as possible.
18. HOME AND CIVIL LIABILITY INSURANCES
RETIRO SOL SL has a home and civil liability insurance policy that covers personal and material damage to the users of the accommodation or third parties, which may be caused as a result of the accommodation activity, as well as those relating to financial security.
However, it is important that tenants take due care of the accommodation, furnishings and their own equipment. In any case, they should make sure that the access doors to the property are locked and that the windows and balcony/terrace doors are locked every time they leave the accomodation, as well as the front door of the accomodation.
19. OBLIGATIONS OF THE LESSOR
19.1. Registration of the tourist dwelling in the corresponding Register of tourist dwellings. The dwelling is registered in the Territorial Tourism Service.
19.2. Requirements regarding the advertising of the tourist accommodation. The lessor advertises the property with truthful, objective information and in good faith.
He must always provide sufficient information about its characteristics, features and conditions of use.
It must include the registration number and the category to which it belongs.
19.3. Obligations in the handover of the tourist accommodation. The owner of the tourist accommodation for rent is obliged to hand it over to the users in a perfect state of habitability, conservation, cleanliness and service provision and with the supplies and installations in perfect working order, with home and civil liability insurance.
Furthermore, during the rental period, the owner will provide the tenants with a telephone directory with emergency and emergency telephone numbers and Internet access.
19.4. Energy Efficiency Certificate of the rented tourist accomodation. The dwelling has an Energy Efficiency Certificate.
The regulations only exclude from this obligation dwellings whose use is less than four months per year or in which the energy consumption is less than 25% of a consumption that would result from the whole year.
19.5. Provision of complaint forms and notification of their existence. The complaint forms can be acquired through RETIRO SOL SL, who in turn receives them through the Territorial Services of Commerce and Consumption.
19.6. Obligations towards the community of owners. To respect the rules of the Community of Owners as a possible limit to the exploitation of the tourist accommodation.
To comply with the community rules and to notify them to the users staying in the rented flat. The use of the common elements (such as gardens, swimming pool, terraces...) will be subject to the rules of the community and the owner will be in charge of transmitting them to the users.
19.7. Compliance with data protection regulations. The personal data of the tenants will be treated by RETIRO SOL SL:
- In a lawful, fair and transparent manner.
- For specified, explicit and legitimate purposes.
- Adequate, relevant and limited to what is necessary for the activity.
- Kept in a manner that allows identification of data subjects for as long as necessary.
- Processed in a manner that ensures the security of the data subject.
20. PRIVACY AND DATA PROTECTION POLICY
The personal data that the tenants provide in the reservation that can facilitate in the future are necessary for the celebration of the present contract, and will be treated by RETIRO SOL SL with the purpose of managing the contract of rent of housing and on the base of the execution of this contractual relation. RETIRO SOL SL will not communicate the personal data of the tenant to third parties, except where necessary for compliance with legal obligations and contractual provisions, without prejudice to the administrative management service providers who may have access to your personal data for the provision of such services.
RETIRO SOL SL will keep the data as long as the contractual relationship remains in force, keeping them properly, for the period of limitation of actions in accordance with the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
Tenants may exercise their right of access, rectification, cancellation and opposition at any time by writing to our head office:
RETIRO SOL S.L.
Camino Assagador de la Marjal number 81, A-01
03700-Denia (Alicante)
You can also exercise these rights through the following e-mail address info@retirosol.com. indicating the reference <<Personal Data>>.In order that the information contained in our files is always updated and does not contain errors, we ask the User to inform us, as soon as possible, of any changes and corrections to their personal data.
Security measures:
We inform you that all the necessary technical and organisational security measures have been adopted to guarantee the protection of your personal data and to avoid its alteration, loss, treatment and/or unauthorised access, taking into account the state of the art, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Article 9 of the LOPD and Chapter VIII of Royal Decree 1720/2007, of 21 December, which approves the new Regulations for the development of the Organic Law on the Protection of Personal Data.
How to contact us with your comments and questions:
We are fully available to respond to your questions, concerns or comments regarding our company, our services, our website or our privacy policy. We offer you the following ways to contact us:
RETIRO SOL SL
Camino Assagador de la Marjal number 81, A-01
03700-Denia (Alicante)
Tel: +31 623953439
e-mail: info@retirosol.com.
All this on the basis of the provisions of the regulations on the protection of personal data.
21. COMMUNICATION OF DOUBTS, QUERIES, INCIDENTS OR COMPLAINTS
All those incidents or complaints that the tentnats have during the stay in the rented apartment can be communicated to RETIRO SOL S.L. in the office-management centre located in Camino Assagador de la Marjal number 81, A-01 03700-Denia (Alicante), e-mail: info@retirosol.com,or telephone: +31 623953439, so that they can proceed to solve the situation.
22. NON-FULFILMENT AND TERMINATION OF THE CONTRACT
The non-fulfilment by the tenants of any of the stipulated clauses will entitle RETIRO SOL S.L. to terminate the contract, claim for damages and penalties, as well as the interposition of other civil and penal actions in accordance with the law.
Furthermore, the tenants will lose the deposit paid to the landlord and the contract will be cancelled immediately. In this way, RETIRO SOL SL is exempted from the obligation to return the reservation and deposit to the tenants, whose applicable use will be the compensation for the damages and prejudices caused.
In the event that the damages exceed the amount of the deposit, RETIRO SOL SL is entitled to initiate any legal claim against the tenants.
23. RESPONSIBLE DECLARATION
The tenants declare under their own responsibility the veracity of the personal details with which they make the reservation, and specifically the address indicated as home address, which coincides with their usual address.
24. DISCLAIMER OF LIABILITY
RETIRO SOL is not responsible for the properties shown on our websites.
25. APPLICABLE REGULATIONS
The regulations and rules applicable to this contract are the clauses agreed in this contract, and failing this, the provisions of Decree 10/2021, of 22 January, of the Consell, approving the Regulations governing tourist accommodation in the Comunitat Valenciana, the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the provisions of the Civil Code, and other applicable rules in accordance with the spanish legal system.
26. RESOLUTION OF CONFLICTS
The parties submit to the jurisdiction and competence of the Courts and Tribunals of Denia. In this way, for any controversial question related to the present contract, they will resort to the Courts and Tribunals of Denia and hierarchical superiors in second instance, expressly renouncing their own jurisdiction.