template of a holiday rental contract

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Manclass
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template of a holiday rental contract

Post by Manclass »

Does anybody have a template of a holiday rental contract they can post with the new cancellation details on it , I'm struggling with it ?
Thanks in advance..
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kevsboredagain
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Post by kevsboredagain »

What are the new cancellation details?
Manclass
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Post by Manclass »

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.

i) If the homeowner cancels the reservation up to 10 days beforehand, they must return the entire advance payment to the renter. If the cancellation is made less than 10 days beforehand, they must compensate the renter with 30% of the price of the contracted stay.
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kevsboredagain
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Post by kevsboredagain »

These are your terms? I still don't follow what you're actually asking.
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Post by Essar »

This is part of my FAQs - these might help - See here.
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Manclass
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Post by Manclass »

These aren't my terms Kevsboredagain, these are the new terms which you need to implement on your rental contract now according to the Spain-Holiday website.

How do you organise the process of renting, pricing and handling the reservations?

a) 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.

b). All holidaymakers must present their identification document so that the homeowner can register their data according to the norms of registry of travellers in hotels and similar.

c) The arrival and departure times will be by mutual agreement between the homeowner and the renter. Unless otherwise stated, the arrival time will be at 16:00 and departure time at 12:00.

d) Upon arrival, the homeowner must provide keys and/or access cards to the entire compound, as well as information about the use of appliances and the rules of the community.

e) The advertised price has to be by night (THERE IS NO MINIMUM OF NIGHTS) and it must include the costs of the use of water, light, cleaning and bedding.

f) The terms of price, reservation and payment shall be established between the two parties, however, they must be stated in detail before the confirmation of the booking. Proof of advance payments must be provided, if applicable.

g) The homeowner may request an advance payment as a deposit up to a maximum of 30% of the total price unless previously agreed.

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.

i) If the homeowner cancels the reservation up to 10 days beforehand, they must return the entire advance payment to the renter. If the cancellation is made less than 10 days beforehand, they must compensate the renter with 30% of the price of the contracted stay.
Manclass
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Post by Manclass »

I was just curious if anybody had actually prepared a rental agreement with these terms included or am I missing the point and we can still offer our original cancellation policy's ?
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kevsboredagain
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Post by kevsboredagain »

For anyone, like myself, who had no idea what this thread is about: (applies to Andalusia only)

http://www.spain-holiday.com/rentalbuzz ... -andalucia

The rules seem most draconian, clearly written by the hotel lobby and would have to be incorporated into your own terms. Things like "no minimum number of nights" is just simply ignorant of the costs of running a rental property. It forces the owner to separate the fixed costs, like cleaning, from the nightly price or else short stays will run at a loss.

I like this one:
i) Supplying bedding, towels and household goods in general, as well as spare sets. :shock:

spare towels, spare sheets, spare washing machine ....
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CSE
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Post by CSE »

Just a bad translation, (read google). Usually it means things like cutlery or cooking items. It is typical of Spanish laws, loose wording which is a cover-all situation.

The deadline is 2 days time :shock:.
Maybe the association called APARTSUR could help as you do not seem to be getting an answer here. :(
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Post by Manclass »

Sorry I should of said earlier, yes these are the new Andalusian regulations, For any new rental agreements sent out since February as far as I am aware need to state the new cancellation policy's as well as a daily rental rate not a weekly one, I would be really interested to hear from anybody in Andalucía that has since February taken a booking and sent out a rental agreement how they've actually worded it....
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Post by russellt »

Phew!!

Just for a second, I thought this was another Brussels-inspired EU-wide Directive. :shock: :shock:

Good luck with it. :)
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kevsboredagain
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Post by kevsboredagain »

russellt wrote:Phew!!

Just for a second, I thought this was another Brussels-inspired EU-wide Directive. :shock: :shock:

Good luck with it. :)
You may jest but thanks to the EU, all owners of Spanish properties who reside in the EU now pay substantially less and fairer taxes on rental income (sadly excludes Switzerland). This was only possible because the EU had the power to overrule the unfair Spanish tax laws which heavily discriminated against non residents and were ruled as illegal.

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.
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Post by AndrewH »

I wouldn't try to incorporate it into your own contract, just refer to it there in the form of a 'term' and point the party to a written script (an appendix in your own contract if you like, but I should prefer not to draw attention to it in that way), or to a government website, or someplace else where it can be read. Then go through the clauses in your own contract to see they don't conflict with what is written there. If a clause does conflict look for a way to get round it. If that's not possible then as a last resort, lose that contract term.

For example where the rules state:

e) The advertised price has to be by night (THERE IS NO MINIMUM OF NIGHTS) and it must include the costs of the use of water, light, cleaning and bedding.


Assuming a 7 nights minimum stay, perhaps put a term in your contract something like this:

We accept and charge for bookings on a nightly basis, but we retain a discretion when your choice of dates leaves an unsold space on the calendar of 6 or fewer nights.

(This is for a flexible change-over, one would have to be more specific if change-over is on a set day)


If people thinks Greek self catering laws are humbug, they ain't seen nothing yet till they go to Andalusia! Regarding rule (h) make sure you take a 100% deposit!!
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Post by russellt »

kevsboredagain wrote: but thanks to the EU
Yup! Say no more! :shock: :wink:
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Manclass
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Post by Manclass »

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 .....
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