template of a holiday rental contract

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CSE
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Post by CSE »

Manclass wrote:Thanks Andrew for your constructive advice, I will have to have a long think about how I phrase the agreement, I was hoping that there was a knowledgeable person in Andalucía that has already compiled a rental agreement that covers all the new regulations so that they don't look too obvious .....
I cannot believe the silence you are getting considering the long discussion(s) in the past.
But I really do think you should approach the Spanish association (given above) dealing with this to see what they say.
Never try to out-stubborn your guests.
AndrewH
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Post by AndrewH »

kevsboredagain wrote:Perhaps if these rental laws, currently being introduced in a seemingly random fashion, are seen to be unfair and discriminatory, the EU would also step in and help.
I should certainly hope so! With herberts like that (new word learned on here) roaming the streets of Andalusia the presence and authority of the European Union seems absolutely essential for Spain.
Manclass
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Post by Manclass »

I really don't think I can contact APARTSUR because of my very bad Spanish, the fact that I am not getting any reply's from Andalucía to my question leads me to believe that most people are just still using their normal rental agreements and hoping they are not going to be found out as there must have been lots of booking taken and rental agreements sent out since February...
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CSE
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Post by CSE »

Maybe the CAB in Spain can help then. They have a facebook page but you cannot put down any links in postings. There but be someone who can help get you out of this situation.
We cannot help with the wording examples as our T&Cs are as per the law in Galicia and it is for a casa rural.
Never try to out-stubborn your guests.
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CSE
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Post by CSE »

AndrewH wrote: I should certainly hope so! With herberts like that (new word learned on here) roaming the streets of Andalusia the presence and authority of the European Union seems absolutely essential for Spain.
Plus we have no real government here. No laws can be passed until that is sorted out. :x
Never try to out-stubborn your guests.
sunflower1963
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Post by sunflower1963 »

Do the contracts have to be written in Spanish ?
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Sanchisimo
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Post by Sanchisimo »

We are not getting into a panic about this or trying to over-complicate things. The legislation is new and not in force yet (no registration numbers issued so far as I can see) and there will be time for this to all settle down as, no least, the Junta get their head around it all. With regard to:

“All holidaymakers must receive a document, by way of contract, which specifies the homeowner, the registration number with the Registry of Tourism, the holidaymaker’s details, the start and end dates of their stay, the total price of the stay, and contact number.”

We supply this on arrival (in Castellaño and English) so that passport numbers to be added, the document signed by both parties and a copy for each person. Everything else such as cancellation policy and so on is all contained in the details set out on the various booking agencies that we use (we don't take direct bookings yet) - so no different to when you book a hotel.

On the issue of minimum nights, I thought this refers to an draft proposal to impose a minimum number of nights to stop competition with hotels where in cities, people often only stay for one or two nights. We have a minimum 4 night stay and are sticking to it.

We wait to see if our registration number magically appears tomorrow but I'm not holding my breath.
Manclass
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Post by Manclass »

Thanks Sanchisimo.

It was just that I was under the impression that any rental contract sent out since February had to include the new cancellation policy's and the minimum nights requirements ....I'm completely confused with it all.
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Sanchisimo
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Post by Sanchisimo »

Have a look at the company livin4malaga and see how they are doing it. They are slightly different but nevertheless useful. They have elected for a minimum stay of 3 nights for their apartments. As far as I understand it, the minimum number of nights you had to offer was going to be 3 nights at one point but this has been dropped (along with a/c for historic buildings where this cannot be done). You now choose what you want to set.

They have their cancellation policy clearly set out so people can agree to these when making the initial booking. The rental contract as I said has to include simple things like renter details, owner details, address of property, registration number, dates and cost. We fill this out this one page form on arrival, getting id numbers and give them a copy.

The Junta are there to help both the process and us as providers, not act like the Stazi. When we have been to see them they have been very helpful (unless about to go to breakfast).

Again, we wil keep people updated as to our progress and I think another visit to their office may be in order - especially as we are about to buy another apartment tomorrow!
Manclass
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Post by Manclass »

Livin4Malaga cancellation policy seems very reasonable '

You will be liable to pay the cancellation or amendment charges shown below. •More than 30 days before arrival date = 10% of the booking price.
•29 – 7 days before arrival date = 50% of the booking price.
•Less than 7 days before arrival = 100% of the booking price.

Maybe its me that's getting it totally wrong but I thought the new cancellation policy's ( below) had to be incorporated on the agreement. These seem very unfair as you would have little chance of renting your property again with just 10 days notice and you would only have to refund 50% of the deposit, maybe this isn't set in stone yet.?


h) If the renter cancels their reservation up to 10 days beforehand, the homeowner may keep up to 50% of the deposit. If the cancellation is made with less than 10 days to spare, they may keep the entire advance payment.
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