General booking terms

This agreement governs the terms of the booking service for the properties of the “CANOVAS Holiday Rentals” group.

When “the Client” completes the registration process and makes a booking, they expressly accept and submit to the clauses set out below, as well as to the terms of access and use of our website and its privacy policy, available through the “General terms and conditions” link.

“The Client” confirms that they have sufficient legal capacity to enter into a contract.

This contract is permanently available in the General terms and conditions on our website.

1. Prices

In return for the booked stay, “the Client” expressly agrees to pay “CANOVAS Holiday Rentals” the price shown on the website at the time of booking for the chosen property, dates and services.

Once the property, dates and services have been selected, and before the booking is confirmed, the final price of the booking will be shown on screen, including VAT (IVA).

Anything not specified as included in the description is not included.

The amount of the rental agreement will be shown in euros. Any price shown in a currency other than the euro is for information only and should not be regarded as precise or updated in real time, as exchange rates may vary.

2. Booking procedure

Only adults and companies may place orders through this website.

The website describes each property individually. The procedure for making and managing the booking is explained step by step on the website, and only the following steps need to be followed:

• Choose the property and indicate the dates of the stay and the number of people who will stay overnight.
• Select any additional services offered, if desired.
• If you have a discount voucher, you can enter it in the “Do you have a promo code?” section. Click that link and a box will open for you to enter the voucher. Remember to click “Apply” for the discount to take effect.
• To process the booking you must fill in a registration form with your personal details to complete the process, for which you must read and accept our privacy policy.
• Once this is done, you must tick the box confirming that you have read and accept the general terms and conditions, so we ask you to take a few minutes to read this document. We will be happy to clarify anything you need about it.
• You must confirm the booking by clicking the “Book” button.
• You will then be redirected to the electronic payment gateway of CAJA RURAL DE GRANADA. You must use a credit or debit card to pay. This website uses SSL (Secure Sockets Layer) encryption and 3D Secure, so you can enter your card details confidentially and securely. For the transaction to go through, the card must be valid and authorised for online purchases. As the payment is secure, you may receive a text message on the phone linked to your card; you will need to enter that code when the system asks for it, so please have your mobile phone to hand.

3. Payment and booking conditions

“The Client” may make their booking through the “CANOVAS Holiday Rentals” website. By booking, the client accepts and undertakes to pay for the booking of the chosen property in full and in advance. To make this easier, we offer, at no additional cost, payment in two instalments:

• First payment at the time of booking: 30% of the total amount is paid by credit or debit card.
• Second payment 14 days before arrival at the booked property: the remaining 70%. As explained in section 2, all payments are made by debit or credit card through the secure payment gateway of CAJA RURAL DE GRANADA.

For the second payment, “the Client” receives an email with the booking details and a link to a page where they must enter their booking details and the outstanding amount. Once these are entered, they will be taken to the secure payment gateway of CAJA RURAL DE GRANADA to enter their card details securely and confidentially.

The same method applies to payment of the security deposit, which is explained further in section 4 of this document.

Only where the booking is made by phone, by email or through our network of agents or partners, “CANOVAS Holiday Rentals” reserves the right to cancel the booking if the confirmation payment of 30% of the total rental amount has not been made within a maximum of 24 hours.

If the booking is made 14 days or less before the start date of the rental, “the Client” must pay the full rental amount in advance at the time of booking.

4. Security deposit

The security deposit is paid by credit or debit card 14 days before “the Client” arrives. To do so, the client will receive an email with a link where they must enter their booking details and the amount of the deposit (these details are also included in the email). The security deposit acts as a guarantee against any damage to the property. Its amount is set by “CANOVAS Holiday Rentals”.

If there is no damage to the property, the deposit is refunded within 14 days of the client’s departure, by the same method used for payment.

If the property suffers any damage, the deposit will be withheld to cover it, deducting the cost of any damage caused to the property, its furniture and contents, or of lost keys or remote controls. If the deposit is not enough to cover it, “the Client” must pay the difference between the cost of repair or replacement and the security deposit.

5. Following your booking

So that you are always informed about your booking, you will receive a confirmation email at the address you gave in the form.

“The Client” can also check the status of their booking by calling +34 952 52 14 04 or emailing reservas@inmobiliariacanovas.com.

6. Check-in and check-out at the rented property

Check-in at the rented property is from 4 pm on the first day of the rental; an earlier check-in can be requested either when booking or by email to reservas@inmobiliariacanovas.com 48 hours before arrival (this service carries a supplement), and the property must be vacated before then.

“CANOVAS Holiday Rentals” will duly inform “the Client” about the handover and return of the keys to the property. Subject to prior written confirmation from “CANOVAS Holiday Rentals”, “the Client” may request a later departure, in which case they must pay a fee depending on the number of hours as a late check-out.

If, for reasons beyond the control of “CANOVAS Holiday Rentals”, “the Client” is unable to occupy the property on any of the agreed rental days (late arrival or early departure), “CANOVAS Holiday Rentals” will not make any refund.

If “the Client” wishes to extend their stay, they must ask the booking office as soon as possible, and the extension will be confirmed or refused depending on the availability of “CANOVAS Holiday Rentals” properties.

7. Cancellation policy

“The Client” must be aware of the cancellation policy, which is explained below.

“The Client” may cancel the booking before the start date of the rental, with the following penalties:

• From the confirmation date until 14 days before the start of the rental: free cancellation.
• From 14 days before the start date of the rental: the full amount paid.

For a NON-REFUNDABLE rate, due to offers or promotions with additional discounts, the penalty is 100% from the moment of booking.

In the event of a no show (if you do not turn up), “CANOVAS Holiday Rentals” will charge the full booking as a penalty.

If you are going to arrive late on the day of check-in, or will arrive the following day, make sure you tell “CANOVAS Holiday Rentals” promptly and in good time, so that we know when you will arrive and do not cancel your booking.

The cancellation will be deemed made from the moment “CANOVAS Holiday Rentals” or its agent receives it in writing.

8. Obligations of “the Client”

The number of people with access to the rented property will be that stated in the contract or booking confirmation, including children and babies, and the owner or “CANOVAS Holiday Rentals” may refuse access if the agreed number is exceeded.

At the end of the rental, “the Client” must leave the property as tidy and clean as it was on arrival (as a guide: dishes washed and put away on the shelves, fridge emptied of food, rubbish taken to the appropriate bins, etc.), even if cleaning has been paid for. If this is not done, “CANOVAS Holiday Rentals” reserves the right to deduct from the deposit the amount needed for extra cleaning costs.

“The Client” undertakes to respect the rules of good neighbourliness towards the other residents of the building where the property is located, as well as the rules of the owners’ association.

If these rules are not respected or in the event of inappropriate behaviour, both the owner and “CANOVAS Holiday Rentals” reserve the right to terminate the rental contract with immediate effect and without notice, with no obligation to refund the amount paid for the rental.

9. Complaints

Although “CANOVAS Holiday Rentals” carefully checks the condition of its properties, should there be any defect in the property, “the Client” must report it immediately (phone +34 952 52 14 04 or email info@inmobiliariacanovas.com) within a maximum of 4 hours of entering the property or of the defect or damage occurring; “CANOVAS Holiday Rentals” accepts no responsibility for any complaint not made within this period.

10. Liability of CANOVAS Holiday Rentals

If the booked property develops serious unforeseen defects that prevent its normal use, “CANOVAS Holiday Rentals” undertakes to find an alternative of similar characteristics and price. If this is not possible because no properties are available or because “the Client” rejects the alternatives offered, part of the booking amount will be refunded according to the time the property was enjoyed, with no further liability on the part of “CANOVAS Holiday Rentals”.

Nor will “CANOVAS Holiday Rentals” accept any liability in the following cases:

1. Negligence or failure to provide services attributable to third parties.
2. Failures or malfunctions of swimming pools, children’s play areas and sports facilities of any kind, the use of which is strictly at the user’s own risk.
3. Insect infestations in the holiday home or its grounds.
4. Burglary or theft at the property.
5. Injury to persons or damage to property caused by force majeure or unforeseen events for which neither “CANOVAS Holiday Rentals” nor its representatives can be held responsible, such as war, natural or pollution-related disasters, drought or other unusual weather conditions, epidemics, border closures, traffic conditions, suspension of currency trading, technical failures, business closures or similar cases of force majeure that could not have been foreseen when the rental agreement was concluded.
6. Temporary interruptions of local services, such as electricity, water, internet, television, gas…
7. Any nuisance caused by neighbours of any kind and at any time. In the area where the holiday home is located, “the Client” may be exposed to noise from construction, traffic or similar. “CANOVAS Holiday Rentals” is not responsible for disturbance caused by noise.
8. Unavailability of any general service: television, swimming pools, access, wifi, etc.
9. Damage caused by misuse of appliances: washing machine, dishwasher, boiler, coffee maker, water heater, etc.
10. Unavailability of swimming pools, which are normally open from May to October. Availability depends on the residents’ association of the development. For safety reasons, “the Client” must use common sense and follow the association’s instructions on their use. “The Client” is responsible for the use of the pool, and “CANOVAS Holiday Rentals” cannot be held responsible for accidents occurring while using the pool or in its vicinity. Children may not be in the pool area without adult supervision.

Accordingly, the liability of “CANOVAS Holiday Rentals” is limited to its role as intermediary, to the extent of that role as actually performed, and it does not assume any of the liabilities that legally correspond to the owner in seasonal property rentals.

In any event, “the Client” accepts that the financial liability of “CANOVAS Holiday Rentals” for any non-material damage arising from its intermediation will be limited to the total amount paid for the rental.

11. Notices

All notices between the parties will preferably be sent by email. “The Client” is responsible for confirming receipt of notices and for informing “CANOVAS Holiday Rentals” of any change in their details, and “CANOVAS Holiday Rentals” is released from any liability arising from this. Any change must be notified to “CANOVAS Holiday Rentals” in writing, by email.

In accordance with article 21 of Spanish Law 34/2002 on information society services and electronic commerce, we inform you that our marketing messages and information about our website and the products offered on it will be sent by email to the address you give us, and you may withdraw your consent at any time. You can always refuse our marketing communications by emailing info@inmobiliariacanovas.com with the word BAJA (unsubscribe) in the subject line.

12. Commitment, acceptance and validity of the contract

As stated in the privacy policy of our website, “the Client” is responsible for providing accurate and truthful details and for keeping them up to date.

“The Client” acknowledges having read and accepted the general booking terms and the privacy policy of the website.

“The Client” acknowledges having understood all the information about the services offered on our website, as well as all the terms and provisions of this electronic contract, and therefore states that they are sufficient to rule out any error in consenting to this contract and accepts them fully and expressly.

“The Client” is fully aware that this contract is accepted and performed by providing their details and clicking the “Book” button on our website.

13. Applicable law

This contract is commercial in nature and will be governed by and interpreted in accordance with Spanish law.

Should any disagreement or dispute arise between the parties regarding the interpretation, content or performance of the contract that is not resolved by mutual agreement, the parties will submit to the courts of Málaga.

14. Personal data

“The Client’s” personal data is processed as explained in the privacy policy. In brief: