Terms and conditions
Introduction
Spainholiday is a website through which homeowners can advertise holiday homes for rent, and through which users can search and make a booking for their holidays. Spainholiday.eu does not have any property and acts only as an intermediary. We are the link between the owner of rental houses and the guests.
Terms and conditions for using Spainholiday.eu
Personal use
The use of Spainholiday for any other purpose than booking a holiday rental home or browsing our website is strictly prohibited. All the contents of www.spainholiday.eu and software and design on Spainholiday is copyright protected. Other than personal use, content may not be otherwise used or copied without the prior written approval of Spainholiday.
Booking a holiday home on Spainholiday
On our website the guest is offered two ways of booking a holiday home and, depending on the chosen home, he will be able to do a payment by bank transfer, credit card (Visa or Mastercard):
- The Guest sends an inquiry to the owner and makes a booking directly without Spainholiday being involved. The Guest pays the homeowner directly and agrees to the Owners rental agreement.
- The Guest makes a booking on spainholiday.eu where we are acting as an intermediary between the guest and the homeowner.
The general terms and conditions on Spainholiday apply in both cases.
Spainholiday is not an owner, rental manager, or travel agency, therefore any agreement established to rent a holiday home on Spainholiday is always agreed between the guest and the homeowner. To this extent they both must be at least 18 years of age on the day the holiday home is advertised or booked.
Accuracy of information
The updated and precise description of the holiday home, as well as the prices, the bookings, and the pictures is fully provided by the homeowner. Spainholiday.eu is constantly making efforts to ensure that the information provided by the homeowner is true, accurate, and completely adjusted to reality.
Use of our website indicates that the guest agrees to discharge Spainholiday from any direct or indirect loss or damage in connection with the renting. Cases like fraud, phishing, any breach of terms and conditions, accidents, strikes, lockouts, or disagreements with the homeowner.
Spainholiday is not obliged to offer any refund or compensation for direct or indirect losses that neither the guest may have suffered from renting a holiday home on our website nor the owner may have suffered from renting out a holiday home on www.spainholiday.eu Spainholiday acts only as an usintermediary so no rental contract or rental agreement can be made with us.
Spainholiday may contain links to third-party websites or resources. By using our website both the guest and the owner acknowledge and agree that Spainholiday is not responsible or liable neither for the availability or accuracy of such websites or resources, nor the content, products, or services. Links to such websites or resources do not imply any endorsement by Spainholiday of such websites or resources or the content, products, or services available from such websites or resources.
Spainholiday cannot be held liable to the owner for any fraudulent, consequential, or indirect damages, including lost profits, however, caused, on any theory of liability. The owner is responsible for any loss a guest may experience, for example, if the owner’s email account is hacked or maliciously manipulated in any way. If the owner is a victim of fraud or phishing or if the owner cancels a booking, the owner accepts the obligation to refund the guest the full amount paid or to offer a matching holiday home with the previous rental conditions.
Liability
Personal data protection and privacy
When using Spainholiday, some personal information shall be saved in our database. Personal data protection and cookies policy is explained with detailed in our Privacy Policy.
The original English version of the terms and conditions, privacy policy, advertisement agreement, rental agreement, and Booking Protection Guarantee have been translated into other languages. The translated version is a courtesy and office translation only and no rights can be derived from the translated versions. In the event of a dispute about the contents or interpretation of the said documents, or inconsistency or discrepancy between the English version and any other language version of any of the said documents, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
If any provision of either these terms and conditions or the advertisement agreement and rental agreement is or becomes invalid, unenforceable, or non-binding, the other provisions shall still remain in force.
Miscellaneous
Legal jurisdiction
These general terms & conditions are governed by Spanish Law. The parties will submit to the relevant courts.
Users also have access to the EU online dispute resolution platform
Terms and conditions for owners on Spainholiday
In addition to the above terms, the following terms shall apply to the owners.
The owner guarantees that he owns the copyright of pictures and texts material supplied to our werbsite (hereinafter referred to as “the material”) or is authorized by the owner of the copyright to grant Spainholiday permission to use the material. The homeowner understands that pictures and textsl material from any part of Spainholiday may not be reproduced without permission from the copyright owner.
The owner grants Spainholiday a perpetual, royalty-free license to use the material for promotional purposes. The owner unconditionally indemnifies Spainholiday immediately on demand against any cost, loss, or liability (including legal representation costs) which Spainholiday may incur by any breach of copyright from the use of the material.
Copyright
Design and layout
Spainholiday cannot be held responsible for any loss, or damage, resulting from the design of layouts, or changes made to the pictures and text submitted by the owner. Spainholiday reserves the right to set the final design layout of a holiday home advert on our website, including the right to edit text or amend layouts or pictures. Spainholiday also reserves the right to amend and edit text data entered on the online database of the owner.
Spainholiday reserves the right to refuse any advertisement on any website where the content fails to meet minimum requirements which are stated by Spainholiday.
Rating System
Spainholiday reserves the right to implement a rating system intended for guests, in which they may assess the conditions and quality of rental houses and owners. This valuation would be totally free and Spainholiday cannot be made responsible for disclaims arising from the feedback, comments, and suggestions made by any Guest.
Accuracy of information
Advertising
Spainholiday reserves the right to insert advertising, or announcements referring to any sort of content in its website, including advertising related to other similar holiday homes. Spainholiday declares that the use of this service is completely discretionary, and the owners waive any claims for damages, or any other type of complaint related to advertisements published on the website.
Rental homes on Spainholiday belongs to one-holiday unit, not multiple units, nor should be represented as an example of holiday homes. Only one unit should be represented in a holiday home unless prior permission has been given. Spainholiday reserves the right to amend any holiday homes not in accordance with this policy.
Multiple properties
Termination of an advert
If Spainholiday receives complaints from guests about specific information on our website, that is misrepresenting a holiday home or its surroundings, or if Spainholiday repeatedly receive complaints about an owner, or the owner have materially breached terms and conditions, or the owner have behaved with misconduct or delivered inaccurate, fraudulent, outdated or incomplete information during the account registration, or violated applicable laws, regulations or third party rights, or if Spainholiday believes that such action is reasonably necessary to protect the safety or property of other owners or guests then Spainholiday reserves the right to remove the rental home from the website and disable the account without notice, and retain payment.
If an owner attempts to enter unsuitable material into the database, or repeatedly misuses the online system, Spainholiday reserves the right to reject any homeowner or holiday home and will not be liable for any expense caused.
Otherwise, an owner may remove the holiday home from Spainholiday at any time. However, the owner must honor all current and future booking agreements made with guests. Spainholiday does not offer refunds for rental homes taken offline by the owner or us.
To maintain a constant high level of service, Spainholiday requires all owners to be available to respond quickly to inquiries and bookings by email. Spainholiday reserves the right to suspend holiday home adverts of owners who are unavailable for more than 24 hours.
Contact
External links
Links from a holiday home to any website or an email address other than Spainholiday are only accepted if a link is sent back to Spainholiday from the owner’s website or blog or similar. If an owner adds a link or email address or company name without consent, re-adds a link or email address or company name after removal, or removes reciprocated links from their advert on Spainholiday, we reserves the right to remove the rental home without refund.
Payment policy
Online credit card payments are processed through a third-party payment provider over a fully encrypted SSL secure line. Cash payments are not accepted.
Payments made through Spainholiday are done via third party secure certified payment provider and Spainholiday does not store the full credit card details and is not liable for errors or losses on payments or money transfers.
Spainholiday provides an advertising service rather than a physical product. No trial periods are offered, nor do Spainholiday offer a refund or compensation for adverts that are expired or unexpired. Spainholiday does not give any refund or compensation if the owner experiences any losses such as bookings, money, damages, or similar relation to any booking of the owner´s holiday home.
Modifications to pricing and conditions
Spainholiday reserves the right to change the prices and conditions to services offered by Spainholiday without notice. Changes to prices will be applicable immediately and Owners will be notified by the website.
Refund policy on the advertisement
Documentation
Spainholiday requires owners to supply proof of ownership of their property in form of a title deed, utility bill, or similar. If Spainholiday does not receive sufficient documentation, Spainholiday can reject the approval of the owner and the rental home.
Legalized holiday homes
In some regions the Spanish authorities require by law that owners obtain a license to rent out a holiday home legally. In these regions, Spainholiday can only approve and advertise a holiday home if the owner presents a valid license number for the holiday home.
On Spainholiday the owner can advertise a holiday home in different ways. Upon creating the advertisement, the owner will be prompted to accept the conditions that apply to that advertising form.
Spainholiday reserves the right, at its sole discretion, to modify the website, services, or to modify these Terms, including the rental share, at any time and without prior notice. If Spainholiday modifies these terms and conditions, these modifications will be posted on www.spainholiday.eu. By continuing to access or use the website or services after Spainholiday has posted a modification, owners and guests shall indicate their acceptance to be bound by the modified Terms.