Book with CanaryCasas

Conditions to book with

Mediation conditions of the operator of the mediation platform,
Ramona casa 7 Islas S.L. el Rosario 6, 38420 San Juan de la Rambla, Tenerife, Spain

Dear Customers

In the event of your booking, the following agency terms and conditions, if effectively agreed, will become the content of the agency contract that you – hereinafter referred to as the “customer” – with the company Ramona casa 7 Islas S.L. – CanaryCasas Marketplace, hereinafter abbreviated to “CC”, with regard to the holiday apartment / holiday home.
The following mediation conditions also regulate the contractual relationship between you and the VHO (vacation home owner) with whom the contract comes about through the mediation of CC. The owner or landlord of the holiday property is hereinafter referred to as “VHO” for reasons of simplicity. Please read these terms and conditions carefully.

1. Position and services of CC, applicable legal provisions
1.1. CC offers the brokerage of third-party services in the prospectus or on the website, namely contracts with the landlords of the holiday properties. CC therefore only acts as an intermediary between the customer and the VHO.
1.2. The rights and obligations of CC as an intermediary result from these intermediation conditions, any supplementary contractual agreements, or alternatively from the statutory provisions.

1.3 For the rights and obligations of the customer towards the VHO, only the statutory provisions applicable to the VHO and the agreements made with it apply.

1.4. Insofar as the following provisions contain regulations regarding the stay as well as the rights and obligations of the customer and VHO, these agreements are made by CC as a representative in the name of and with the power of attorney of the VHO and the content of the contract concluded with the latter through the mediation of CC.
2. Booking process
2.1. When booking, the customer offers the VHO the binding conclusion of the rental contract on the basis of the property description and the data and prices presented to him online as part of the availability information. The customer is bound to this contract offer for 2 days.

2.2. The rental contract is legally binding for the customer and the VHO if CC, as an agent, confirms the booking in the name and on the authority of the VHO within the binding period according to 2.1.
3. Payment processing
3.1. With regard to all payments, including cancellation costs and other payments to the VHO, CC is the VHO’s collection agent.

3.2. A deposit is due upon conclusion of the contract and is to be paid to CC as the VHO’s collection agent. Their amount results from the information about the availability of the desired property.

3.3. Deposits are to be made, depending on the agreed payment method, exclusively by the payment service provider offered on the website, whereby the collection of payments is initiated by CC after the due date and, in the case of payment by bank transfer, the full deposit amount must be credited to the CC account within 3 days .

3.4. The remaining payment is to be paid to CC up to 2 weeks before the start of occupancy. For this purpose, the customer receives a payment request with a payment link that points to the payment service providers offered on the website.

3.5. If the down payment and / or the final payment are not received by CC within the agreed payment due dates, although the holiday property is available in accordance with the contract and the customer has no contractual or statutory right of retention, CC, as a representative of the VHO, is entitled to withdraw from the VHO after a reminder with a deadline to declare from the contract and to charge the customer on behalf of the VHO flat-rate cancellation fees in accordance with section 5.

3.6. Insofar as the VHO is willing and able to lease the booked object in accordance with the contract and the customer has no contractual or statutory right of retention, there is no entitlement to purchase of the object and the contractual services without full payment.
4. Withdrawal by the customer, rebooking, replacement person
4.1. It should be noted that there is no statutory right of withdrawal from contracts with VHO for holiday properties at home or abroad. However, in the case of the contracts brokered by CC, the VHO contractually grants the customer a right of withdrawal in accordance with the following provisions. The declaration of withdrawal can only be addressed to CC as the landlord’s representative. It is strongly recommended that you declare your resignation in writing.

4.2. In the event of withdrawal, the VHO can charge the following flat-rate withdrawal costs through CC as a collection agent. These flat-rate cancellation fees are:

a) In the event of withdrawal up to 120 days before the start of occupancy, 20% of the total price.

b) With a withdrawal from the 119th to the 60th day before the start of occupancy, 30% of the total price.

c) In the event of cancellation between the 59th day and the 30th day before the start of occupancy, 70% of the total price.

d) In the event of withdrawal from the 29th day before the start of occupancy, 90% of the total price.

4.3. The customer expressly reserves the right to prove directly to the VHO or to CC that the VHO actually incurred no or a significantly lower loss than the flat-rate compensation claimed. In the case of such evidence, the customer is only obliged to pay the lower amount.

4.4. The VHO reserves the right to claim the specific loss instead of the lump-sum compensation, which in this case must be quantified and documented to the customer.

4.5. In any case of withdrawal, the customer is entitled, in accordance with the booking contract, to name a substitute who enters into the contract concluded with the customer with all rights and obligations. The VHO can, either itself or through CC as a representative, object to the substitute’s entry into the contract if he or his fellow travelers do not comply with the contractual agreements or if the substitute or his fellow travelers do not have any other circumstances that are essential to the contract.

4.6. We strongly recommend taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness. This can be concluded via CC.

4.7. There is no contractual or legal claim to the implementation of changes after the conclusion of the contract with regard to the travel date, the occupancy period, additional services booked or other essential contractual circumstances (rebooking). If a rebooking is possible and if it is actually carried out at the customer’s request, CC can charge a rebooking fee of EUR 25 per rebooking on behalf of the VHO up to 90 days before the start of occupancy. Requests for rebooking after this period has expired can, if possible, only be carried out after withdrawing from the contract under the above conditions and at the same time making a new booking. This does not apply to requests for rebooking that only cause minor costs.
5. Termination due to force majeure by the VHO or the customer
5.1. The following applies to termination due to force majeure by the customer or the VHO:

a) If the execution of the contract is made considerably more difficult, endangered or impaired due to unforeseeable force majeure when the contract is concluded, the customer as well as the VHO, represented by CC, can terminate the contract.

b) This correspondingly applicable right of termination due to force majeure, however, relates exclusively to circumstances that directly relate to the contractual provision of the holiday home or the immediate vicinity of the holiday home (forest fires in the immediate vicinity, road closures, closures due to epidemics or environmental events) in the sense of a significant Difficulty, endangerment or impairment of the stay.

c) Accordingly, obstacles to the arrival, especially in the case of flights, as well as other circumstances that do not arise in direct local or factual relation to the holiday home or are in the customer’s sphere of risk, do not justify termination of the contract with the VHO.

5.2. The VHO, or its local authorized representative or CC as their representative, can terminate the contract after the start of occupancy if the customer and / or his fellow travelers sustainably disrupt the implementation of the contract regardless of a warning or if they behave in such a way contrary to the contract that the immediate cancellation of the contract is justified. This applies in particular in the case of willful or grossly negligent damage to the holiday property and the inventory as well as a culpable violation of the special obligations according to section 10 of these conditions. If the contract is terminated, the VHO retains the right to the total price; however, the VHO must offset the value of saved expenses as well as those advantages that it gains from other occupancy of the holiday property.
6. Unused services
6.1. If the customer does not make full use of contractual services that have been made available to him in accordance with the contract, in particular as a result of late arrival and / or earlier departure due to illness or for other reasons for which the VHO or CC is not responsible, there is no entitlement to the Customers for a pro-rata refund.

6.2. However, the VHO pays back to the customer those amounts that he obtains from other occupancy of the property.

6.3. The customer’s attention is drawn to the fact that the costs incurred due to an involuntary termination of the stay can only be covered by a special travel interruption insurance and are not covered by a normal travel cancellation insurance. Such travel interruption insurance is not included in the price for the holiday property. Graduation is recommended.
7. Security deposit
7.1. The VHO is entitled to demand a deposit after conclusion of the contract, when moving in or when the keys are handed over (if this is not possible, e.g. in the case of late arrival or key deposit, even later), insofar as this results from the description of the holiday property.

7.2. The deposit relationship comes about exclusively between the customer and the VHO. CC do not have any obligations to settle or repay the deposit.

7.3. The deposit is used to cover ancillary costs such as electricity, water, heating, firewood, the costs for a final cleaning to be carried out by the customer but omitted as well as the costs for other additional services used on site.

7.4. If the holiday property and / or its facilities show damage on return for which there is a justified reason that the customer or his fellow travelers are responsible, the VHO is entitled to withhold the costs that are likely to be incurred to cover the damage from the deposit.

7.5. The VHO issues a statement of the deposit upon departure of the customer, pays out the deposit amount to be reimbursed in cash and / or asserts any deductions it has claimed. In the event of such a retention, the customer reserves the right to make all objections to the reason and amount of the claim on which the retention is based.
8. Obligations of the customer towards CC and the VHO, termination by the customer
8.1. Defects in the brokerage service of CC must be reported by the customer to the latter immediately and given the opportunity to remedy the situation. If this notification is culpably not made, any claims of the customer from the brokerage contract lapse, as far as CC would have been able to provide an appropriate remedy.

8.2. Defects in the holiday property itself, its facilities or other deficiencies or disruptions must be reported by the customer immediately to the office named by CC, without special notice to the VHO itself, and remedial action to be requested. If this notification is culpably not made, the customer has no claims against the VHO, insofar as the VHO would have been able to remedy the defect or disruption directly or by providing another equivalent holiday property.

8.3. So that the customer does not suffer any disadvantages with regard to the evidence regarding his fault or non-fault or the amount of damage in the event of damage to the holiday property or its facilities, it is strongly recommended that if such damage is discovered when moving in or later, it is to the VHO or its appointed representative notify immediately even if the customer has not caused such damage himself and also if it is not disturbing for him.

8.4. If the stay in the holiday property is significantly impaired by a defect or a disruption for which the VHO is contractually responsible, the customer can terminate the contract with the VHO. The same applies if he cannot be expected to continue his stay due to such a defect or such a disruption for an important reason recognizable to the VHO. The termination is only permissible if the VHO or, if available and contractually agreed as a contact person, its agent, has allowed a reasonable period specified by the customer to elapse without providing remedial action. It is not necessary to set a deadline if the remedy is impossible or is refused by the VHO or its agent or if the immediate termination of the contract is justified by a special interest of the customer.
9. Obligations towards VHO
9.1. The contract object may only be occupied by the number of people specified in the contract. In the event of overcrowding, the VHO is entitled to demand additional reasonable remuneration for the period of overcrowding and the excess people must leave the property immediately.

9.2. The acceptance of guests of the customer is limited to a period of 24 hours and a maximum of one night. A long-term admission of guests requires the express prior consent of the VHO and can be made dependent on the payment of additional remuneration by the customer.

9.3. Without the express consent of the VHO, change of occupancy, i.e. a change or a successor of people who actually live in the holiday property, either individually or as a whole, is not permitted. In the event of a corresponding breach of contract, the VHO is entitled to demand additional remuneration.

9.4. The customer and his fellow travelers are also not permitted to use the holiday property and its facilities in the form of water, electricity, sanitary facilities, pools and other facilities for other people, in particular fellow travelers or third parties in cars, campers, caravans or other holiday homes to allow, to enable or to tolerate them. Violations entitle the VHO after a warning to terminate the contract without notice and to claim additional costs for electricity or water supply and cleaning.

9.5. It is not permitted to set up tents, caravans, etc. on the property.

9.6. The customer undertakes to treat the holiday property and its facilities with care for his fellow travelers at the same time, and to report all damage and defects during the occupancy period to the VHO as quickly as possible.

9.7. Rooms, facilities or areas that are locally related to the holiday property and are designated in the description of the holiday property or in the corresponding local information that they do not belong to the contractually owed services may not be entered by the customer and his fellow travelers.

9.8. The customer is obliged to leave the house tidy, clean and tidy on departure. Cleaning includes: tidying up the kitchen, vacuuming floors or sweeping and wiping them with a damp cloth, cleaning the sanitary facilities, dusting, cleaning mirrors and, if necessary, walls, removing sand and other “foreign bodies” from couches and beds. The rest of the food must be taken with you. The refrigerator must be defrosted and opened. In some houses, the final cleaning (wiping the kitchen equipment, washing dishes, kitchen items and appliances must always be done by the customer himself) against payment of a fee by the VHO. If the holiday property is not cleaned or not cleaned properly, the VHO is entitled to withhold the costs incurred from the deposit.

9.9. Pets may only be brought if

a) this is provided for in the description of the property

b) Truthful information was provided about the type, breed and size when booking

c) the booking confirmation contains an express commitment regarding the design of the take-away

d) and the animals are house-trained and well-trained and correspond to the information given at the time of booking. Beds and sofas are reserved for bipeds.

9.10. Unless otherwise agreed with the VHO, the property must be vacated at 10 a.m. on the day of departure. Arrival is possible from 4 p.m.
10. Statute of Limitations
10.1. Claims of the customer from the agency contract that are based on injury to life, limb or health, including contractual claims for compensation for pain and suffering, which are based on a negligent breach of duty by CC or an intentional or negligent breach of duty by a legal representative or vicarious agent of CC, expire in two years. This also applies to claims for compensation for other damages based on a grossly negligent breach of duty by CC or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of CC.

10.2. All other contractual claims from the agency contract expire after one year.

10.3. The statute of limitations according to Sections 11.2 and 11.3 begins at the end of the calendar year in which the claim arose and the customer became aware of the claim and of CC as the counterparty or should have become aware of it without gross negligence.

10.4. If negotiations are pending between the customer and CC about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the customer or CC refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the suspension.
11. Choice of law and place of jurisdiction
11.1. With regard to the brokerage activity of CC, only Spanish law applies to the entire legal and contractual relationship between the customer and CC.

11.2. If CC is used as an agent, the customer can only sue CC at its registered office.

11.3. For legal actions by CC against the customer, insofar as claims are asserted from the brokerage contract, the customer’s place of residence is decisive. For lawsuits against customers who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose residence or habitual abode is not known at the time the lawsuit is filed, claims from the brokerage contract are deemed to be The place of jurisdiction agreed to be the registered office of CC.

11.4. The above provisions do not apply

a) if and to the extent that contractually indispensable provisions of international agreements or European law provisions that apply to the brokerage contract between the customer and CC result in something else in favor of the customer, or

b) if and insofar as applicable, non-mandatory provisions in the member state of the EU to which the customer belongs to the travel agency contract are more favorable for the customer than the above provisions or the corresponding Spanish regulations.

For more and detailed information please take contact with us