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ARTICLE 1 The general terms and conditions

1 Craft Ibiza is an real estate company facilitating holiday rentals in and sales in Ibiza. The company is located in Carrer de Buena Vista 46,07830 San Joseph de sa Talaia and is registered under B16518482. 

2 These general terms and conditions - which may be modified from time to time - apply to all services made available online, by e-mail or by phone. By making a reservation through our website, you acknowledge and agree that you have read, understood and consented to the general terms and conditions below.

 

ARTICLE 2 Reservation and payment

1 A request to reserve a particular house must be confirmed in writing as soon as possible. The booking is completed when the booking form has been received. After the owners’ consent of your booked dates and price, you will receive a confirmation from Craft Ibiza.

2 The tenant is obliged to pay a down payment of 30% or 50% of the total rent price within 5 days after acceptance of the rental agreement. For bookings made less than six weeks before the date of arrival, the total rent must be paid in full within 5 days.

3 If the down payment is not received within this period, the contract shall automatically be cancelled and Craft Ibiza will have the right to re-rent the property for the relevant period. Unless agreed (written) differently with Craft Ibiza and the owner.

4 Starting from the 1st of July 2016, the Spanish government implemented a tourist tax. The amount is €2,20 per person per night, for persons from 16 years and older. In case that this amount is not included in the price, Craft Ibiza will inform you accordingly. The tourist tax will be collected in cash upon arrival.

 

ARTICLE 3 Data of the rental object

1 The tenant declares that he has prior knowledge of the necessary information on the rental property. A complete description of the rental object can be found on our website: www.craftibiza.com. The conditions for the rental and other details related to the rental are listed in the contract to which these general terms and conditions apply.

 

ARTICLE 4 Our services

1 Through this website, we (www.craftibiza.com) are offering an online platform where holiday property owners in Ibiza (accommodation providers) are able to put up their home for rent on a holiday basis and where you, as a site visitor, can make reservations. If you make a reservation on www.craftibiza.com you are entering into a (contractually binding) relationship with the accommodation provider whose property you are renting.

2 Please note that when you book a house via our website, you are bound by our terms and conditions, including our cancellation policy and other booking conditions as described on this page.

3 Our services may only be used for personal and non-commercial use. Therefore, it is not permitted to resell, screen (e.g. spider, scrape), reproduce, deep link, use, copy, show or download any (substantive) information, products or services whatsoever that are offered on our website for whatever commercial or competitive goal.

 

ARTICLE 5 Obligations of Craft Ibiza

The obligations of Craft Ibiza towards tenants are as follows:

1 Before arrival the tenant will receive all the necessary information regarding the rental property.

2 There will be a check-in organised by Craft Ibiza or representatives of the owner upon arrival.

3 Craft Ibiza or representatives will do its utmost to repair or replace equipment at the earliest possible date if technical problems occur during the stay of tenants.

 

ARTICLE 6 Obligations of the tenant

1 The contract allows the tenant to occupy the rented object only for the period that has been booked. The tenant acknowledges with signing of the contract that they enter a short term rental and that he has to deliver the rental object empty (with the exception of inventory of owner) at the end of the rental period. The tenant has no other right to the rental object than to inhabit this temporarily for the agreed period.

2 It is not allowed to exceed the maximum number of persons specified in the rental agreement. Only the persons listed in this agreement are allowed to stay in the holiday home.

3 The tenant will give immediately a written notice to Craft Ibiza of any damage to the rental object or its inventory caused by actions or negligence on the part of the tenant.

4 The tenant declares that he will inhabit and manage the rental object and its inventory with due care and that he will respect the privacy and tranquillity of owners (and/or other tenants) of surrounding plots.

5 The tenant will allow Craft Ibiza and/or the owner to access the site and the rental object at any time in order to be able to carry out repairs or for other necessary actions.

6 The tenant is obliged to return the rental object clean, at least in the state in which he found it at the beginning of the rental period. The tenant is also obliged to return the furniture and other things that he found in the rental object clean and in the same place, as these were found upon arrival.

7 The tenant accepts the obligation of a final cleaning and the costs as stated in the rental agreement.

8 The tenant will not use the internet connection (if available) to reproduce copyright protected works and will avoid consulting of illegal information on the internet. The tenant is aware that this is a criminal act and in case of violation, the fine can be up to € 1,500 and disconnection of the access to internet. The tenant agrees to all measures which are considered necessary to avoid fraudulent or illegal use of the internet during his stay. The tenant acknowledges his responsibility in this matter and accepts all claims to compensate damage arising for the owner caused by fraudulent or illegal use of the internet during the rental period.

9 A non-smoking policy applies in all holiday houses. Outside the house smoking is allowed, but at all times tenants should remove cigarette waste/butts properly. In forested areas, smoking is strongly discouraged due to drought and therefore high risk of fires.

 

ARTICLE 7 Cancellation by the tenant

Every cancellation of a booking needs to be communicated with us via email. In case of a "no show" the costs will be 100% of the renting costs and there will be no refunds. The costs for cancellation will be calculated as follows:

• More than 42 days (6 weeks) prior to arrival: The amount of the down payment. Depending on the house is this 30% or 50% of the total rental amount. You can find this percentage on the webpage of the house and on your invoice.

• Between 42 and 28 days prior to arrival: 60% of the renting cost.

• Less than 28 days prior to arrival: 100% of the renting cost.

 

ARTICLE 8 Deposit

1 The deposit will be paid in Euros by bank transfer to Craft Ibiza. The exact amount and the way of payment can be found on your payment order. Craft Ibiza shall ensure that this amount is deposited on a separate third-party account of Craft Ibiza. When the tenant pays the deposit through PayPal an extra charge of 2,8% will either be added to the deposit or deducted from the deposit to cover the transfer costs.

The deposit will be refunded to the tenant after departure, after approval by Craft Ibiza or the owner of the adequate delivery of the rented object. This approval will be given by the owner within a period of 3 days after departure. If the owner does not communicate his approval within this period and nothing else is agreed with the tenant, Craft Ibiza presumes that the owner agrees with the refund of the deposit. We will return the deposit (minus possible damage costs) per bank transfer within 2 weeks of departure. We can’t be held liable for any exchange rate losses.

1 In the event of damage which is estimated to be higher than the deposit, found at or after departure of the tenant, a report will be made by the owner or by an expert. After Craft Ibiza receives this report with photos and description, Craft Ibiza will inform the tenant about the amount necessary to repair or replace the damages. The tenant will receive a copy of the mentioned damage report. The tenant is obliged to compensate for this damage. In case of damage found at or after departure of tenant, estimated less than or equal to the amount of the deposit, the repair or replacement of the goods is, after consultation of the owner, charged directly from the deposit.

2 The tenant agrees that, in case of damage to the rented object or accessory, inflicted by acts of the tenant during his stay in the rented object, the entire deposit can be retained. In case this amount is not sufficient for compensation for the total loss or damage as stated in the report, the tenant will pay the remaining amount necessary for repair and/or replacement to the owner (on the indicated account number) upon written notice by Craft Ibiza and/or owner within a period of ten days after the date of this notice.

3 A deduction from the deposit is also permitted if the tenant does not return the rented object empty within the agreed terms or at the failure by tenant of his other responsibilities arising from the contract. Retainment of the deposit does not relieve the tenant of his duty to other compensations that the owner can ask when the rented object is not returned empty within the agreed terms.

4 The tenant agrees that Craft Ibiza cannot be held responsible for deductions on or retainment of the deposit and/or other claims to compensations that the owner can ask in case of damage or when the rented object is not returned empty within the agreed terms. The decision to refund the deposit as well as the decision about any other compensation lies with the owner, the settlement of these decisions with the tenant may be delegated by the owner to Craft Ibiza.

 

ARTICLE 9 Conformity, changes to the rented object, technical malfunctions, accidents and use of the swimming pool.

1 The description of the rental object, in documents or on the internet site of Craft Ibiza, must be in accordance with the reality and approved by the owner. Craft Ibiza and the owner will do their utmost to ensure that information regarding the rental object with accessories, the location of the rental object, as well as the description of the existing furniture, is as complete as possible.

2 If in the hypothetical case, despite all precautions, changes occur to the rental object before the rental period of a tenant starts, Craft Ibiza will notify the tenant without delay (?) as soon as possible.

3 The owner however cannot be held responsible by the tenant for a possible reduction of rental pleasure by modifications to the rental object, occurring after publication of the information of this rental object, which are not due to his (better: the owner’s) acts or to his inactivity.

4 Technical malfunctions: The owner cannot be held responsible for electricity failures, defects to supply of gas or water or disturbances to electrical equipment that are not directly due to his actions or his negligence.

5 Accidents and use of the swimming pool: The owner does not accept liability for any accidents in or around the rental object unless injuries to persons or the death of persons are directly due to his negligence. The owner rejects every liability regarding accidents related to the use of or access to the pool, except if an accident is due to the owners’ failure to comply to the applicable requirements for security and access to swimming pools.

 

ARTICLE 10 Final provisions

1 The contract and the terms and conditions related to the contract, have been drawn up and will be interpreted to the rules of private international law.

2 Any provision in the contract that is considered not applicable, will be considered as not written. Parties agree that, in case of cancellation of any provision of the contract, the other provisions of the contract remain in force.

3 The contract, including the signed attachments, include all existing agreements between Craft Ibiza and the tenant and replaces any other verbal or written contract as well as any (form of) correspondence between Craft Ibiza and tenant about the rent and rental of the rental object and related matters.

4 The tenant declares whilst signing the rental contract to have read and to accept the contract and the general terms and conditions for rental that are linked to the contract. Agreement with the contract and the general terms and conditions by e-mail is deemed to be authentic.

 

ARTICLE 11 Liability

1 When Craft Ibiza is forced to cancel a reservation due to unforeseeable circumstances, Craft Ibiza will try to find a house with similar characteristics. If this is not possible, we will refund your payment without any further compensation.

2 Craft Ibiza does not accept any liability for damages or personal injury that occurred during your stay. Also we accept no liability due to changed conditions in or around the house that we can't be taken responsible for. This includes construction work. All our houses are solely rented out for holiday purposes. Professional photography, parties or weddings in and around the house is only allowed after our (and the owners’) explicit permission.

 

ARTICLE 12 Additional information

1 On the day of departure, tenants have to check out before 10.00 am. The keys need to be returned to the tenant’s contact person, except if the tenant and the contact person have agreed upon a different time. In case of actions by the tenant against our policies, we will be forced to deduct € 200,- from the tenant’s caution deposit.

2 The Ibiza Actual regulation does not allow the organisation of private parties in houses. If parties are organised without informing us or the owner of the house, all fines and payments shall be paid by you, the tenant. Parties and other such social gatherings organised without our prior consent may result in forfeiture of the entire security deposit.

3 Tenants are highly recommended to remove their garbage every day. Disposal bins can be found on the main roads. It should be taken into account that many houses are situated in the country side, and that if garbage is left around the house, it will attract all kind of wildlife. On the day of departure, the tenant is obliged to remove all garbage, otherwise Craft Ibiza is entitled to a fine of € 70,- per garbage bag and this will be deducted from the tenant’s deposit.

4 Bed linen and towels are included in the rental price of the house. Except for extra towels, which hold an extra charge of € 4,- per towel.

5 On the day of departure, the house must be in the same state as it was found upon arrival. The kitchen, BBQ and all the cutlery that belongs to it, needs to cleaned and put in place. It is not necessary to vacuum, clean or scrub the house, the end cleaning is included in the rent. Nonetheless, everything needs to be put in place. If this is not the case, there is a fine of € 100,- and this will be deducted from the tenant’s deposit.

6 In case the tenant loses the keys, we will charge the costs for replacement. This can be expensive since the owner(s) might need to change the locks, print new keys and/or order new alarm sets.

7 It is forbidden to change the way the furniture is placed. The tenant will accept the house as it is and the way the furniture is placed. Furniture is only allowed to be used for the purpose it was designed for. If furniture is missing or damaged, because of misuse, the repair or newly bought furniture needs to be paid by the tenant.

8 Every house is designed for a maximum number of people. It is not allowed to have more people in the house then agreed upon. The tenant is responsible for the amount of people in the house. In case the tenant fails to do so, we have the right to take appropriate measures: evacuating the house, or an extra charge of € 150 per night per person.

9 Baby cots and baby chairs are available on request and will be provided by the owner or Craft Ibiza. Jurriaan de Reijer