Terms & Conditions
1) General
All parties listed in this agreement recognize the legal capacity of this contract and its conditions, which are legally binding upon signing of the contract. This short-term rental shall be governed by the covenants contained in the tenancy conditions and in the absence of these covenants as provided for rental of the type “purpose other than permanent residence” in the current Urban Leases Act (Title III of Fundamental Law 29/1994, of November 24th, hereinafter LAU), and, additionally, by the provisions of the Civil Code.
The contract is between the person who is renting the house and the owner of the property named Can Barda, in Santa Gertrudis de Fruitera, Ibiza, Balearic Islands, ……………., www.ghl-ibiza.com on Ibiza as a property agent.
This rental period is a fixed term and is not intended for use as a regular house. It is prohibited for the Client to sub-rent the property. In the case of the Client violating this condition, the Property owner is allowed to terminate the contract immediately and the Client loses all their rights.
2) Formation of the contract
Within two days of receiving this contract, you must send The Property Owner a completed booking form and payment of a non-refundable deposit of 50% of the property rental. A binding contract between the person who has signed the Booking Form and the Property Owner will be made when The Property Owner has signed the rental contract. You are responsible for the payment of the price of the full rental and the compliance of the members of your party with these conditions. The entire rental fee must be paid and confirmed received, before arrival at the villa (see paragraph: 3).
Bookings cannot be accepted from persons under 18 years of age at the time of booking. The Property Owner reserves the right to refuse a booking without giving a reason.
3) Payment
The balance must be paid no later than 6 weeks before arrival. Failure to pay the balance on time will constitute cancellation and cancellation charges will become payable in accordance with paragraph 6 below.
If you book less than 6 weeks before departure the full balance of the rental is payable at the time of booking.
If your booking is made 10 weeks prior to your arrival date, a down payment of 50% of the rental fee is required to secure your reservation, the remaining amount must be paid no later than 6 weeks before departure.
Receipt and banking of any deposit do not constitute acceptance of any booking. A binding contract is made when The Owner gives a written confirmation to the property agent or directly to the Client.
4) The Price
The prices are in euros and the rental period is weekly or for the duration as agreed unless otherwise stated. The Property is let fully furnished and equipped (and includes linen, water, and electricity).
5) Security Deposit
A security deposit is required to cover the cost of any damage or breakages as well as the cost of telephone and other services. The security deposit must be paid by bank transfer to the provided IBAN bank and deposited in the owner’s account no later than 2 weeks before the arrival of the client. The security deposit will be returned to the client within 1 week after their departure. All banking costs will be deducted. Delays in return of the deposit may occur due to the assessment of any potential damaged and/or lost property. Unless otherwise specified by the Property Agent in writing, the minimum- security deposit for Can Barda is € 4.250,– per family. Groups are required to pay a security deposit of
€ 5.250,–. Wedding parties or events are required to pay a security deposit of € 25.000,–. More than one family is considered a group.
6) Cancellation
Any cancellation by the Client for whatever reason must be in writing to The Owner by email at info@canbarda.com or the Property Agent. The effective date of cancellation is the date on which we receive written cancellation.
If you cancel 10 weeks or more before arrival you will lose your first down payment of the rental fee.
If you cancel within 10 weeks of arrival or if the booking is canceled due to non-payment we are entitled to full cost from you.
In the rare occasion that the property is sold to a new owner before the Clients rental period, the Client will be notified no later than 10 weeks before arrival and the owner will grant a full rental fee refund to the Client.
7) Amendments by the Client
Upon receipt of your booking confirmation invoice, please check the details to make sure they are correct. If after your booking has been accepted you require us to amend it in any way, we reserve the right to charge 30.00 Euros per change.
8) Specifications
While all the photographs and descriptions as stated in the term and conditions on the website you see or read (by mail) are fundamentally correct, we cannot accept responsibility if minor errors or differences in the photographs/illustrations/text used and the actual property arise.
The Property Owner reserves the right to make modifications to the property specification that are considered necessary in the light of operating requirements. In the interest of continuous improvements, The Property Owner reserves the right to alter furniture, fittings, amenities, facilities, or any activities, either advertised or previously available, without prior notice.
9) Capacity
The number of people residing in the Property must never exceed the number stated in the description of the Property. Only those persons listed on the booking form may use the property without prior arrangement. If the Client infringes this clause, the Owner has the right to penalize and count an extra charge of 200,– Euros per person/per day or to terminate the booking and to evict immediately the Client of the Property without any right for the Client to claim a restitution of the amounts paid (Rent and Guarantee Deposit).
10) Access
The Property Agent/Owner or his/her representative shall be allowed free access to the house at any reasonable time during any occupancy for the purposes of inspection and maintenance.
11) Arrival and Departure
You must arrive between 4 pm and 6 pm on the start date, and the accommodation must be vacated by 10 am on the last day unless otherwise specified by the Property Agent in writing. If these times are difficult please advise when you are booking. If your arrival is delayed please inform the property Agent so that suitable arrangements can be made for entry to the house. If you arrive after 10 pm you may not be able to occupy the property until the next day.
IMPORTANT: Upon arrival, you need to be instructed by the owner or agent for operating instructions before using lights, a.c., sound system, etc., and sign the checklist (kitchen and electronics items).
The Client expressly authorizes the Property owner to take possession of the property at 10:00 am the day of departure and to remove the personal belongings of the Client located in the property. The extra cost made for this will be for the Client. When the property has not been vacated by 10.00 am on the day of departure, a fine of € 350,– euro per hour per room, will be charged to the client.
12) Animals
Animals and Pets are not accepted unless otherwise specified by the Owner or Property Agent in writing. In the case that we find any animals on the property (including the garden) the property owner is allowed to terminate the contract and the deposit will not be refunded.
13) Your Responsibilities
- This is a strictly NON-SMOKING villa (finca). Smoking is only permitted outside and cigarettes must be extinguished in the ashtrays provided. Any cigarette butts found in the garden or floor will cost the Client extra cleaning costs which will be deducted from the security deposit.
- You must keep the house and all furniture (eg. sunbeds), facilities, and equipment (eg. windows, and toaster) in the same state of repair and condition as at the commencement of your stay. You must leave the house in the same state of cleanliness and general order in which you found it. You are responsible for all damage or loss, which occurs to the property or its contents during your occupation and will be responsible for paying appropriate compensation to The Property Owner in the event of breakages or damage. You are not responsible for the general functioning of the house, (eg. Water pumps, swimming pool, electricity) if it ceases to function during your stay the property manager will fix it. It is not allowed to bring glassware outside of the villa. Special outdoor glasses are provided and should be used when drinking at the pool, terrace, or garden. The Kitchen is clean and you are responsible for gathering the dirty dishes from the property and placing them in the dishwasher.
- It is forbidden to change the way the furniture is put in place. The tenant will accept the house as it is and the way the furniture is put in place. Furniture is only allowed to be used for the purpose it was made for. If the furniture is missing or damaged, because of misuse, the repair or newly bought furniture.
- The tenant will not throw anything in the toilets, showers, sinks, drains, etc. so the drainage system can be blocked. If this is the case, the tenant is responsible for the costs to repair the damage and costs will be deducted from the security deposit.
14) Complaints
In the unlikely event that you are disappointed with the house, you must contact the Owner/Property Agent or the maintenance staff, who will try to solve the problem. If you vacate the property before the end of your rental period without our authorization you shall lose any rights to compensation.
Please note: Any problems and faults in the villa, even matters concerning light bulb failure, should be reported to the Owner/Property Agent or the maintenance staff within a reasonable period of time. For instance 24 hours.
15) Liability of us, The Property Owner / Agent / Manager
We shall not be responsible for the death of or personal injury of you or any other person at the property.
We shall not be responsible for any loss, breach, or delay beyond our reasonable control, including through, but not limited to, the act of God, explosion, flood, tempest, fire or accident, war or threat of war, civil disturbance, acts, restrictions, regulations, by-laws, or measures of any kind on the part of the governmental or local authority, strikes, lockouts, or other industrial actions or disputes or adverse weather conditions. In any such case, we shall be entitled to treat the contract as discharged.
In the event of such a discharge our liability shall be limited to the return of the sums paid to us in respect of the unused portion of the rental calculated on a pro-rata daily basis less an administrative charge of € 30,– to cover our reasonable expenses.
We cannot be held responsible for the breakdown of mechanical equipment, such as pumps, boilers, swimming pool filtration systems, etc, nor for the failure of public utilities such as water, electricity, and gas. Or for any water wells feeding the Villa. Ibiza is an island and does still have the occasional power failures on its grid, these power failures are usually resolved very quickly, the owner/agent of the property cannot be held responsible for any power failures and guests will not be compensated for any power failures. If there should be any problem with the above equipment it is our responsibility to rectify the problem.
If the Client comes with children it is the Clients responsibility to take care of their behavior and acts.
We are not responsible for noise and disturbance originating beyond the boundaries of the house or anything which is beyond our control.
16) Cleaning
The property will be freshened once completely cleaned during the week. At the end of the rental period, the client is required to hand the villa back over to the owner in the same condition it was initially in. The cleaning service is included for 12 hours per week (2 cleaners total 4 hours on Wednesday) and (2 cleaners total 8 hours on Saturday) (end cleaning), which does not include personal laundry. Personal Laundry can be done on request; additional costs will be charged for this service at € 30,– per hour. At request, it’s also possible to have an extra cleaning service at € 30,– per hour.
It is your responsibility to remove daily rubbish in bags from the premises. Failure to do so will result in the rubbish being removed by the owner/agent. A charge will be made for this service.
17) Behavior
The person signing the contract is responsible for the correct and decent behavior of his / her party. Should you and your party not behave in a correct manner, The Property Owner or Agent at his / her absolute discretion may ask you and your party to vacate the property without any refund in the price.
18) Staff
The cleaning staff is included as outlined in paragraph 16. The staff who look after the well-being and maintenance of the house on a (possible) daily basis. The client may also ask the staff for additional services like; babysitting, shopping, and driving, although this will be charged as an extra cost per hour, paid directly to them, and will have to be arranged between you and the staff.
Any other arrangements you make between your staff or any other person or company providing services when you are at the house, are between you and your staff and we accept no responsibility for these services provided and the terms on which they are provided. You are responsible for your own staff and you are also responsible for any damage that may occur while they are in the villa.
19) Linen & Towels
Linen & Towels are included in the house, but it is advisable to take your own beach towels and cot linen. 1 Set of towels is provided for each guest. Linen is normally changed once per week. If you require this more often it can be requested and an additional cost of € 30,– per set will be charged to the guest. Pool towels can only be taken to the beach or outside the property with permission from the villa staff. The guest will be charged an amount of € 50,– for each missing/lost towel, and € 30,– for each missing/lost sarong. Missing and lost item charges will be deducted from the client’s security deposit.
20) Swimming Pool
The Swimming Pool will usually be closed in the winter months. If the rental falls within this period please check with us if the pool is open. Children are prohibited from using the pool without parental supervision. The Client is fully responsible for any accidents that occur at the swimming pool. Persons must shower in the pool area before using the swimming pool. The swimming pool is not heated. When leaving the house to go out, take care that the umbrellas are closed. In case of a broken umbrella, we will charge you an amount of € 400,– euros per item.
21) Photographs
Photographs taken at the villa cannot be sold for profit without the permission of The Property Owner. Photographs may also not be published without prior permission from The Property Owner.
22) Social Events
De Ibiza Actual government does not allow the organization of private parties in houses/apartments. So it is not allowed to host social events or other events (e.g. weddings, receptions, large cocktail parties) on the property without prior permission from the owner. It is against the law and strictly prohibited to play music outside after midnight. It is prohibited to organize parties at the villa. Any fines incurred are the responsibility of the renting client. Fines and penalties incurred for breaking the rules and law can reach up to € 300.000,– The Property Owner will withhold the security deposit if a party is organized at the villa without permission.
Lunches and dinners may be organized for no more than 15 persons.
If the client is interested in hosting a private party/event for more than 15 persons and no more than 60 persons, they are required to make a separate party/event reservation with the owner or property manager. This option is only available to the client during the rental period and all charges are additional to the rental charges of the villa. The owner or property manager will grant the client permission to organize a party/event after a fee of € 5.000,– and an additional party security deposit of € 10.000,– is charged and paid by the client. This charge does not include the mandatory staff that the client is required to have present during a party/event, nor does it include any kind of equipment or catering. Please request the property manager for our event contract for more information.
23) Security and Valuables
Any valuables left at the property are at your own risk. The Property Owner/Manager is not responsible for your loss. As with all rental property in prime locations, there is a risk of burglary. The burglar alarms and any security must be activated. It is your responsibility to advise the Property Owner/Manager immediately upon arrival if any of the security systems do not work. The property owner/manager will take all reasonable steps to correct any fault but we cannot guarantee to fix the fault during your rental. We accept no responsibility for any loss, damage, or consequential losses due to theft or any security-related incident however caused.
You are required to activate the alarm system when leaving the property. Failure to activate the alarm system when leaving the property can lead to a hefty fine. The insurance company requires the alarm to be switched on whenever the property is vacated; otherwise, the insurance will not cover the damages. Should you forget to switch on the alarm and the property gets burglarized, you will be held responsible for the damages.
24) Insurance
It is a condition of booking that your party is covered by comprehensive travel insurance.
25) Barbeques, Etc.
It is illegal on this island to make barbeques outside of specifically allocated areas. The risk of fire is too high. It is illegal to let off fireworks of any kind. Disrespect of this law may lead to serious convictions and tough fines, which are also the responsibility of the renting client.
26) Scope of our service
Our services may only be used for personal and non-commercial use. Therefore, it is not permitted to resell, (e.g. spider, scrape), reproduce, deep-link, use, copy, show, or download any (substantive) information, software, products, or services whatsoever that are offered by us for whatever commercial or competitive aim or activity.
27) Prohibited areas
It is strictly prohibited to enter the staff storage room which is located inside the main house. This door is locked by a padlock. Each time when the guest does enter this area he will pay a fine,– plus all the costs of wrecked, missing, or used items.
It is strictly prohibited to enter the first floor of the tower. Also, the roof terrace which belongs to the tower is a strictly prohibited area. The Client is fully responsible for any accidents that occur in this area.
28) Loss of Keys/Remote Controls
In case of loss of keys and/or remote controls, we will charge you an amount of € 50,– euros per lost item.
29) Safe
The safe key must be in the safe and left open before departure. If the key is not there at departure you will pay € 500,–.
30) Litigation
Both parties undertake in case of litigation resulting from the lease to submit to Spanish law and to the jurisdiction of the Court of Ibiza.
31) Parking
The Client can park up to 15 cars in the property parking space. It is strictly prohibited to park cars on the side of the road or on the neighbor’s premises. The Client is responsible for making sure that no cars are parked outside the parking space. Any fines incurred due to parking violations will be deducted from the security deposit. During a party or event, the tenant will need to inform his guests to let them carpool and he is responsible to organize this correctly.
there are no other parking options in the vicinity, other than the 15 parking spaces at the house itself.
32) EXTRA CONDITIONS
– It is strictly prohibited to smoke inside the villa and in any of the suites.
– It is strictly prohibited to host parties without prior permission from the owner.
– No DJ / Mixing Equipment is allowed on the premises without prior permission of the owners.
– Furniture and fixtures may not be moved around or taken outside.
33) Amendments by the Client
Due to particular circumstances that can occur with the Agents, the Property Owner works with in Ibiza, the Property Owner reserves the right to make amendments to this or any contract previously signed by the Client and the Property Owner. Any amendments made by the Property Owner before the Client’s arrival will require the Client to sign off on and will void any previously made agreements.
34) Alterations or Cancellations by the Lessor
In the unlikely event that it is necessary to make an alteration or cancel the lease agreement, we will inform you as soon as possible and will refund you in full all monies paid, including the rental fee and the security deposit. The lessor accepts no further liability should alterations or cancellations be necessary.
35) Alterations or Cancellations by the Lessor
In the unlikely event that it is necessary to make an alteration or cancel the lease agreement, we will inform you as soon as possible and will refund you in full all monies paid, including the rental fee and the security deposit. The lessor accepts no further liability should alterations or cancellations be necessary.
36) Camino/roads to the house
It is strictly forbidden to drive faster than 20 km/h on the road (camino) leading to the house. This road is shared with the neighbors and therefore the tenants and the guests have to respect this kindly.
37) Extra rules during organizing a party or event
- It is strictly forbidden for guests or visitors to the party or event to enter the rented property, being the house, guest house, or other buildings on the site during the party or event.
- The tenant is obliged to hire an event manager, who will ensure that everything runs smoothly and professionally and is responsible for the proper care of the house during the party or event.
- Tenant is required to rent portable toilets at a party or event, where more than 20 guests are expected.
- De Ibiza Actual government does not allow the organization of private parties in houses/apartments. So it is not allowed to host social events or other events (e.g. weddings, receptions, large cocktail parties) on the property without prior permission from the owner. It is against the law and strictly prohibited to play music outside after midnight. It is prohibited to organize parties at the villa. Any fines incurred are the responsibility of the renting client. Fines and penalties incurred for breaking the rules and law can reach up to € 300.000,– The Property Owner will withhold the security deposit if a party is organized at the villa without permission.
- The tenant is responsible and obliged to completely tidy up and clean the various buildings on the site, as well as the site itself after the party or event has ended. All costs associated with this are at the expense of the tenant. The house’s own cleaning staff is not responsible for this.
- The tenant is obliged to take sufficient measures for safety and fire when organizing a party or event.
- When organizing a party or event, the tenant is obliged to hire at least 1 security person for every 20 persons, who will take care of security at the entrance gate as well as on the site.
- While organizing a party or event, the landlord is allowed to come by at any time for an inspection. The tenant also provides a contact person for the landlord.
- It is forbidden to change the way the furniture is put in place. The tenant will accept the house as it is and the way the furniture is put in place. Furniture is only allowed to be used for the purpose it was made for. If the furniture is missing or damaged, because of misuse, the repair or newly bought furniture will be deducted from the security deposit.
- It is strictly forbidden for the tenant or his guests or visitors to enter the land of the neighbors. The lessor will clearly indicate where these lines are during check-in.
- When organizing a party or event, it is strictly forbidden to use, among other things, the crockery, glassware, cutlery, kitchen utensils, or anything that belongs to the house.
- The tenant is responsible for any required permit. The tenant will also ensure that this has been done and arranged and will hand over a copy to the landlord.
- Any fine that may arise from organizing a party or event is directly borne by the tenant and never by the landlord.
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