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La Cala Hills and market circumstances ( 22-NOV-09 )
Dear visitor, while finishing 2009, and enjoying the warmest autumn ever measured in Andalucia, the year 2010 will hopefully come to us as the year where we can...
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Booking Conditions from La Cala Hills Property PLus SL

1. General
La Cala Hills Property Plus SL acting as an agent, which intermediates between the owners of the apartments, the letters, and the individual clients, the renters. The agent is entitled by the owners of the apartments to act on behalf of them and to sign contracts on their behalf.

2. Definitions
This Agreement is the entire agreement between La Cala Hills Property Plus SL and the client. Any other communications are superseded by this agreement.

3. Contract
Once the reservation is confirmed (and a down payment has been made), the reservation will be considered firm. Reservation will always have to be confirmed by the agent in written, by E-mail, by fax or by letter.

3.1 Payment
Upon reservation 25% of the rental fee is due immediately. The balance of the Rental Fee is payable in full at least 30 days before the start of stay. The client will remain liable to pay the balance of the rent. If the booking is made less than 15 days before the start of your stay the full Rental Fee is required at the time of booking. We advise clients to take out adequate holiday cancellation insurance.

3.2 Price
All rental prices shown include use of electricity, water, weekly linen change, air-conditioning/heating use, lifts and secured parking. Rental prices are stated per week as this is the minimum duration of the rental period. For long term rentals (more than 4 weeks) special agreements can be made.

3.3 Duration
The rental period shall commence at 16.00 hrs on the first day and finish at 10.00 hrs. on the last day. The owners shall not be obliged to offer accommodation before the time stated and the client shall not be entitled to remain in occupation after the time stated.
The duration of the contract is specifically stated, thus ending automatically at the end of the agreed period. Upon failure to return the apartment at the end of the contract, the owner is entitled to perceive double the originally agreed price for the duration of the extended stay, plus damages and expenses.

3.4 Occupation
The number of persons using the holiday accommodation must not exceed the maximum number stated in the relevant apartment description. In the event that the maximum number is exceeded, La Cala Hills Property Plus SL reserves the right to refuse or revoke the booking (at their sole discretion). Pets are not allowed. For babies, a baby cod is available at request.

4. Alterations

4.1 By the client

La Cala Hills Property Plus SL will always try to adapt any change (dates or number of people) depending on the availability. As a general rule, small changes communicated enough in advance (such as 1 day stay more or less, or 1 person more or less), should not be any problem, provided there is availability in the reserved apartment or in its defect in a similar one.
• In case of increasing the length of your stay, it shall be added to the amount to be paid accordingly.
• In case of increasing the number of people, La Cala Hills Property Plus S.L. will only accept the change in case there are enough available beds.

4.2 By La Cala Hills Property Plus SL
Though it is unlikely that we will have to make any changes to confirmed arrangements, it does rarely happen and we will advise the client at the earliest possible date. If we are unable to provide the apartment that was booked, we reserve the right to transfer the client to a similar apartment. However, if this is not possible or the client does not wish to be transferred, we will cancel the booking and refund the amount paid to us in full. The cost to return the payment will be our responsibility. We will not be liable for any further obligations or claims by the client.

5. Cancellation
The client is strongly recommended to arrange a comprehensive travel insurance policy (including cancellation cover) and to have full cover for the party's personal belongings, public liability etc, since these are not covered by the owners insurance.

5.1 By the client
Should a cancellation occur, be it the client’s own decision or because an agreement has not been reached in case of changing booking conditions, the following rules will apply: • If the cancellation takes place more than 2 months prior to the arrival date, the owner will return the amount of the pre-payment, minus expenses (up to 20%).
• If the cancellation takes place within the 2 months prior to the arrival date, the owner will always try and reach a reasonable agreement, but will be only compelled to return the amount of your transfer, minus expenses (up to 20%), in case he has been able to rent the apartment at least, under the same conditions.

5.2 By the owner
In case the owner, for whatever reason, decides to cancel the agreement, we reserve the right to transfer the client to a similar apartment. However, if this is not possible or the client does not wish to be transferred, we will cancel the booking and refund the amount paid to us in full. The cost to return the payment will be our responsibility. Both the owner and La Cala Hills Property Plus SL will not be liable for any further obligations or claims by the client.

5.3 By La Cala Hills Property Plus SL
La Cala Hills Property Plus SL reserves the right to cancel the agreement. In such case, we will advise the client at the earliest possible date. We reserve the right to transfer the client to a similar apartment. However, if this is not possible or the client does not wish to be transferred, we will cancel the booking and refund the amount paid to us in full. The cost to return the payment will be our responsibility. La Cala Hills Property Plus SL will not be liable for any further obligations or claims by the client.

6. Information
• All information supplied by La Cala Hills Property Plus SL, is given in good faith and is based on information available at the time. All reasonable measures have been taken to ensure the accuracy of any statement made, but we are not liable for any variation or error.
• The client states that all information provided is correct. In case of changes, the client will provide the necessary information to La Cala Hills Property Plus SL.

7. Access
The owner of the apartment or his representative is to be allowed access to the apartment at any reasonable time during any occupancy for the purposes of inspection and maintenance. However, the client must be informed in advance.

8. Arrival and Departure
To ensure that the property you are renting is cleaned and ready for your arrival, we indicate the earliest time you can get into the property (16.00 hrs.) and the latest time you must vacate (10.00 hrs.). As in some cases there is only two hours between departure and arrival times to minimise the inconvenience, we cannot guarantee that the maids will have left the property before the earliest arrival time shown. As a result of the inconvenience that it can cause to arriving guests we reserve the right to charge for additional occupancy on a full day basis if you do not vacate the property by the latest time advised. It is the client's own responsibility to ensure arrival on the correct day and time. No refund of rental can be given for any delayed arrival or early departure.

9. Responsibilities
9.1 Of the client

The client agrees to be a considerate tenant and take good care of the property and leave it in a clean and tidy condition at the end of the rental period. The owner reserves the right to make retention from the security deposit to cover additional cleaning costs if the client leaves the property in an unacceptable condition. The client also agrees not to act in any way, which would cause a disturbance to those residents in neighbouring properties.

9.2 Of the owner
The client shall report to the owner's agents without delay defects in the property or breakdown in the equipment, plant, machinery or appliances in the "property", the arrangement for repair and or replacement will be made as soon as possible. The owner shall not be liable to the client:
• for any temporary defect or stoppage in the supply of public services to the accommodation nor in respect of any equipment, plant, machinery or appliance in the accommodation, garden or swimming pool;
• for any damage or injury which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of the owners;
• for any loss, damage or inconvenience caused to or suffered by the client if the accommodation shall be destroyed or substantially damaged before the start of the rental period, in such event the owner shall within 15 days of notification to the client, refund the sums paid in respect of the rental period.
Under no circumstances shall the owner's liability to the client exceed the amount paid to the owners for the rental period.
9.3 Of La Cala Hills Services SL
La Cala Hills Services SL has taken all reasonable care to ensure that the accommodation we rent to you is as described. Accordingly we accept responsibility should the property prove deficient or not of a reasonable standard. We do not accept liability where the fault lies with the client, another member of the client’s party or someone unconnected with the services we provide or where there was no fault on the part of ourselves, our owners or suppliers, or the fault was due to unusual or unforeseen circumstances (force majeur) which with every due care we could not foresee or forestall. La Cala Hills Services SL shall not be liable to the client:
• for any temporary defect or stoppage in the supply of public services to the accommodation nor in respect of any equipment, plant, machinery or appliance in the accommodation, garden or swimming pool;
• for any damage or injury which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of the owners;
• for any loss, damage or inconvenience caused to or suffered by the client if the accommodation shall be destroyed or substantially damaged before the start of the rental period, in such event the owner shall within 30 days of notification to the client, refund the sums paid in respect of the rental period.
Under no circumstances shall the liability of La Cala Hills Property Plus SL to the client exceed the amount paid to the owners for the rental period.

10. Cleaning
• Cleaning the apartment at the end of each stay is the owner's duty towards the following guest. These costs are included in the rental price. Should the apartment be left in a very dirty condition, you may be asked an additional cleaning charge.
• Should you require cleaning services during your stay, please contact the agent, but please let us know in advance in order to organize it.
• You will be required to take your own rubbish out to the nearest collection point.

11. Security deposit
A security deposit of € 300 is due for every apartment on the day the rental begins. The security deposit covers the cost of damage and breakage up to € 300. If the cost of the damage is greater than € 300, the client must pay the remaining balance of all repairs and services. If there is no damage to the property your deposit will be returned at time of departure.

12. Damage
Except in the case of normal wear and tear the client will be responsible for making good any damage to the apartment or its contents which has occurred due to negligence, intended damage or irresponsible behaviour on the part of those occupying the apartment or their guests. Such damage must be reported, without delay, to our local representatives. The cost of the repair or replacement must be agreed with and paid to La Cala Hills Property Plus SL. Should the deposit cover damages, replacement or compensation cost will be automatically deduced from it.


13. Complaints
Any problems that may arise during the course of your stay should be taken up immediately with La Cala Hills Property Plus SL so that immediate action can be taken. Most problems can be resolved quickly and amicably if we are made aware of your difficulty. Complaints after the holiday should be made in writing within 30 days of your return. Our policy is to acknowledge any complaint within 30 working days and to resolve any disputes within 30 days or if it cannot be resolved in that time to keep you informed of progress.

14. Law
This contract shall be governed by Spanish law in every particular including formation and interpretation and shall be deemed to have been made in Spain. Any proceedings arising out of or in connection with this contract may be brought in any court or competent jurisdiction in Spain, Malaga. No employee or representative of this company has the authority to verbally vary these terms and conditions or the in formation that has been supplied.