1. Your Contract is with Murcia Sales & Rentals SL t/a Murcia Vacations
These Booking Conditions form the basis of your contract with Murcia Sales & Rentals SL t/a Murcia Vacations. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person added or transferred to that booking.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
- He / she has read these terms and conditions and has the authority to and does agree to be bound by them.
- He / she is over 21 years of age and where placing an order for services with age restrictions, declares that he / she and all members of the party are of the appropriate age to purchase those services.
2. Your holiday contract
A binding contract is made with us by payment of your reservation deposit or if you are booking within 60 days of your arrival date in resort.
These Booking Conditions and any agreement to which they apply are governed in all respects by Spanish law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Spain.
3. Paying for your holiday
At the time of booking, you will be required to pay 50% of the value of the accommodation.
The balance of your holiday price must be received by us no less than 60 days before arrival date. If we do not receive this balance in full and on time, we reserve the right to treat your booking as a ‘cancellation’ in which case the cancellation charges set out in Clause 10 will become payable.
Resort arrival information will not be supplied until your holiday has been paid for in full.
We endeavour to ensure that all the information and prices both on our website and in our partner websites are accurate however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
5. Your holiday price
All prices include VAT at the prevailing rate. We reserve the right to amend the price of unsold holidays at any time and correct any errors in the prices of confirmed holidays including any changes in costs such as services or amenities requested by the guest: extra cleaning, extra laundry costs, baby travel cots, foldaway beds, extra linens, or any other items that are separate to the rental of a property. We reserve the right to amend any changes to the value of the refundable security deposit at any time.
6. Damage to property and Accidental Damage Charge or Deposit
All bookings are subject to a Refundable Security Deposit payable before arrival, typically with the final balance of your holiday payment. The type of payment, its amount and when it is payable will be confirmed to you at the time of booking. All security deposits are set at by owners and agents and vary from property to property. We reserve the right to amend the value of the security deposit at any time.
If you or any member of your party cause any damage to your holiday accommodation or any item in it or on its premises, you and / or your party will be required to pay for the loss and / or damage caused and we will hold you and each member of your party jointly and individually responsible. Full payment for any such damage or losses must be paid prior to departure from the accommodation or the value will be deducted from your security deposit.
During your holiday you are responsible for ensuring you lock up the property when you go out and that you have your keys with you to be able to get back in. If you lose your keys or lock yourself out of your rental property you will be responsible for the ‘call out’ charge to unlock the property. Every call out to open the property that you have locked yourself out of will incur a minimum fee of €50 per assistance. This will need to be paid in cash or we will deduct from the security deposit. Note; many locks will not open from the outside if you leave a key in the back of the door. Always ensure to remove the key from the back of the door when going out of the property.
Please contact us immediately if any information we email to you appears to be incorrect as it may not be possible to make changes later and it may harm your rights if we are not notified of any inaccuracies in any document within a reasonable period of time.
8. Changes to your booking
Should you wish to make changes to any details of your booking following final confirmation, we reserve the right to charge a minimum €50 administration fee.
9. Transfer of bookings
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the holiday booked) providing we are notified not less than 14 days before departure and you pay an amendment fee notified to you at the time your request the transfer, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.
10. If you cancel your holiday
Once your holiday has been confirmed, any changes or requests to cancel must be made by the lead party and sent by email to the Murcia Vacations Team. The cancellation date is determined by the date we receive your email and confirm we have received that email.
Our cancellation charges increase as your arrival date approaches. The cancellation charge detailed is calculated on the basis of the total cost of the holiday payable excluding any amendment charges which are not refundable.
For all accommodation types, the following terms apply:-
- Cancellation arising from date of booking to 60 days before arrival date - loss of deposit
- Cancellation arising 14 days to 59 days before arrival - 25% refund of the total value of the booking.
- Cancellation less than 14 days before arrival - no refund will be made.
- No refunds will be given for passengers not travelling or for unused services.
11. Guest responsibilities
The rental accommodation is reserved exclusively for the people named on the reservation confirmation and no other persons are permitted to stay at the accommodation unless this has been agreed with us in writing and appropriate payments made (if applicable). Additional guests will be asked to vacate by Murcia Vacations staff, accommodation supplier or other person in authority.
We will only provide bedding and towels equal to the number of the confirmed guests names on the contract. Any additional bedding or towels must be confirmed and agreed on the contract at the time of the confirmation of your reservation. There may be an additional cost for extra bedding and towels.
On departure you should leave the accommodation in a reasonably clean and tidy condition so that we can efficiently prepare it for our next guests. If additional cleaning has been necessary, a charge will be made locally or deducted from your security deposit. Please note that single sex parties or groups of young adults (under 21) may only be accepted at selected properties and will incur a much higher security deposit.
On arrival the property keys can typically be obtained from the Murcia Vacations office which is located in La Torre Golf Resort Town Centre. Instructions for key collection and entry to rental property will be provided before arrival. At the end of the rental period the Tenant is to vacate the property and return the keys to the Murcia Vacation office or by other agreed means.
All Properties are non-smoking. Smoking is not permitted in any property. Any breach of this condition will entitle Murcia Vacations to withhold the entire security deposit. Smoking may be permitted outside the property, but, if any cigarette debris is found the additional costs of cleaning will be deducted from the security deposit.
NO PETS OR ANIMALS are allowed in any property.
If you lose any of the keys you have been provided for your tenancy the cost of the replacement will be deducted from the security deposit.
Replacement costs also include alarm remotes, gates & garage fobs or auto remote controllers for access to the property and if these are lost as well, cost of the replacement of these items will be additional to the key replacement cost.
The rental property including the furniture, fittings and electrical items and effects, in or on the property, must be left in the same state of repair and condition as the commencement of the rental period. On arrival all fixtures and furnishings are deemed to be in good working order and fit for purpose. Faults that are found during the rental period are to be reported to Murcia Vacations immediately. Failure to report any faults will be deemed to have been caused by the guests. The guests will be liable for the cost of the repair.
Electrical appliances including air conditioners, washing machines, tumble dryers, dishwashers, tv’s, fridges, freezers, microwaves, kettles, toasters, coffee machines, hair dryers etc are all regularly checked but may stop working at any time of your holiday. Please call us and we will try to replace as soon as possible. Please note that some machines that stop working may require attendance of a technician who may not work outside of normal Monday – Friday hours.
Always rinse your plates before placing in the dishwasher. A dishwasher cannot break down food stuffs and residue food will block the drainage in the machine. If the dishwasher breaks down because of food residue trapped in the drain we will charge you for the call out.
The guests must dispose of their rubbish on a daily basis. Cleaners do not take your rubbish. There is no ‘door to door’ rubbish collection from the Council. Guests must locate the nearest community refuse area and take their own rubbish daily.
The tenant is requested not to use 'fake tan' whilst in the properties. 'Fake tan' damages soft furnishings and linens. If at the final inspection it is found that 'fake tan' has been used, the additional associated costs of cleaning and laundry or replacing the damaged linens will be deducted from the security deposit. All linen is deemed to be in perfect clean unmarked order on your arrival. If the linen is not in perfect conditions – contact us immediately. If after you depart the property and the linen is stained you will be solely and totally held accountable for the damage caused.
Guests are requested not to leave the air conditioning / heating on in the properties when they are out of the premises. When using cooling or heating please close windows and doors to optimise the efficiency of the cooling / heating. If it is noted by management that the guests are not in the property and the air conditioning is on the guests may be liable for additional cost incurred which will be deducted from the security deposit or if it occurs more than once the management may remove the remote controllers for the units from the property.
On departure the guests agree to complete the following before departing the property: Wash and dry up any used kitchen items and return to the cupboards, lock all doors and close all windows. Return all furniture to its original placement as on arrival.
12. If we change or cancel your holiday
It is unlikely that we will have to make any changes to your confirmed travel arrangements or cancel them however we do start planning arrangements many months in advance. Occasionally, we may have to make changes and correct errors on the website and other details both before and after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before you travel. If a ‘significant change’ (see below) or cancellation has to be made to your holiday property we will notify you as soon as possible. You may then: a) accept the changed property; b) accept an offer of an alternative holiday of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value); or c) cancel your booking completely, in which case we will refund you all monies paid by you.
Note: In the event that compensation is due, if the substituted holiday property is of a lower price than the one originally booked, we will also refund the price difference. If the substitute holiday is of a higher price you will pay the difference to upgrade.
We will not pay you compensation where we make a major change or cancel before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
13. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concern’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
14. Special Requests
If you have a special request that does not form part of the arrangements described on the website please inform us in writing at the time of booking. We will do our best to comply but cannot guarantee this.
We regret that we are unable to advise prior to departure if special requests cannot be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
15. Disabilities and Medical Problems
We will take reasonable steps to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
16. Holiday Insurance
Adequate insurance is essential. Please arrange travel insurance at the time of confirming your booking. We highly recommend that insurance purchased must have a 24-hour emergency telephone service. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover that you chose not to have for your holiday.
17. Our liability to you
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “accommodation provider” subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
- The maximum amount we will have to pay you in respect of these claims is an amount equal to the applicable excess in your travel insurance policy in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
- any business losses.
We will not accept responsibility for services or facilities which do not form part of our accommodation agreement. For example any excursion you book whilst away, or any service including internet provider or facility including communal pools or similar amenities, tennis, golf or other similar activities, restaurants, transfer & taxi services which any other supplier agrees to provide for you.
18. Conditions of Suppliers
Some of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
19. Local activities, facilities and excursions – Third Party Suppliers
Some facilities, activities and excursions could involve an element of risk. These activities, facilities and excursions are neither run nor controlled by Murcia Vacations. If you wish to participate, purchase or make use of any optional activities, facilities or excursions that are not part of contract for rental of your holiday property. We regret that Murcia Vacations cannot accept liability in relation to these. The contract for the provision of that activity, facility or excursion will be between you and that provider. Usually these locally paid for activities, facilities and excursions will be subject to local law and jurisdiction. The discretion to partake in any such activities, facilities, or excursions is entirely at your own risk. You are responsible for taking sensible precautions for your own safety and for the safety of any children or family members for whom you are responsible. Please liaise with the supplier of the facility, activity or excursion for the Terms and Conditions of your activity, facility or excursion which will govern your contract with the supplier.
20. Additional help
If you or one of your party suffers personal injury, illness or death during the holiday through no fault of ours or your own, we will, at our discretion, give you general assistance. The offer of assistance is without prejudice.
21. If you have a complaint
If you have cause for complaint whilst on holiday this must be brought to the attention of a Murcia Vacations representative and relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the representative/local agent/ supplier or property management company be unable to resolve the matter, details of the complaint must be notified to Murcia Vacations in writing within 14 days of the end of your holiday. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint.
At all times during your holiday, you are expected to have consideration for your fellow travellers and other third parties. If in the opinion of ourselves, any service provider, accommodation owner or other person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to third parties or property either ourselves or the supplier concerned may terminate your holiday arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. Subject to Clause 6, you and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
23. Passports, visas and health requirements
It is your responsibility to hold a valid passport, visa and/or entry permit. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Passport, visa and health requirements are subject to change and it is your responsibility to check the up- to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.
24. Safe Working Environment
Murcia Vacations accepts the responsibility under the regulatory framework of Spanish law for the provision of a safe working environment for our staff.
All Murcia Vacations employees and Murcia Vacations service providers should be entitled to perform their duties free from the threat of overt stress, harassment, intimidation or physical violence.
Murcia Vacations will not tolerate any abuse of its employees or service providers including:-
- Physical violence – including kicking, spitting, hitting or pushing, or use of a weapon.
- Verbal abuse – including intimidation, shouting, swearing or insults, racial or sexual abuse.
- Threats and intimidation via telephone, text, electronic mail and normal mail.
- Threats of extortion by means of writing bad and false reviews for financial gain.
- Aggressive behaviour, abuse or threats to gain improved or quicker service provision.
In everyday life things can and do go wrong and you have the right to discuss any aspect of your holiday with us. We request that it is done in a calm and sensible manner in accordance with our service provision policies and will look to rectify any issue which we believe needs rectifying in a realistic timeframe.
Studies have shown that extreme emotional arousal prevents calm thinking. Our employees will react in a way to reduce the emotive element we do not accept of the client’s right to behave inappropriately. We have instructed our staff to respond to any aggressive or harassing behaviour by being quietly assertive, expressing facts calmly and quietly, avoiding extreme discussions, and taking firm appropriate action. In all cases we would be looking for calm and appropriate resolution and consensus by all parties.
25. Use of information you give us and communicating with you
In order to process your booking and provide you with your confirmed holiday we will need to collect and process personal information. We must pass on your personal information to the companies and organisations who need to know them so that your holiday can be provided (for example accommodation provider, transport companies or bank). Where you provide us with personal information, you consent to this information being used as described in this clause. We would like to send you information about products and services that we think will be of interest to you. We may do this by post, telephone, SMS or email. We are entitled to assume you do not object to our doing any of the things mentioned above unless you email to us at info[@]murciavacations.com