Booking Conditions
Booking Terms & Conditions
HSA property manegment (referred to hereafter as HSA / booking agent), part of the HSA property manegment, act as a booking agent on behalf of the Property Owners featured on this website.
Once a booking form has been issued by hsa, on behalf of the owners, the acceptance of the booking form acts as the legally binding contract between the Property Owner and the Holiday Maker. The booking Terms & Conditions explained below and endeavour to explain our involvement as the booking agent. The term "we / company" refers to hsa, the term "you / your / clients" refers to the Holiday Maker.Property listingsThe majority of our properties are maintained and serviced by hsa. Some are maintained and serviced by the Property Owner.
Making a booking and paying for the bookingOur minimum rental period is for two nights. Bookings include cleaning and laundry charged to the Holiday Maker. Hsa is required by law to show the nightly price and is for guidance only, the nightly price will be charged pro rata.
When making a booking, you have one week to make payment in order to secure the booking. A deposit of 20% of the total price is payable when booking. For winter rentals, a deposit of 50% of the total price is required. 20% is payable within seven days from making the booking and the remaining 30% is required three months from making the booking. This deposit is non-refundable in the event of any cancellation notification. We accept payment in Euro, the exchange rate is decided at our discretion. The deposit can be paid by either credit card, bank transfer to our Spanish or account. In any event when making a booking, credit card details are required, details of which will be held on file until after the holiday has been completed and then destroyed. If a booking has been made through either Airbnb or CuddlyNest, credit/debit cards are stored with the portal directly.
Making a booking and paying for the booking
We reserve the right to re-let the accommodation if the 20% deposit is not paid within seven calendar days of booking. Cancellation notification is required in writing by post or by e -mail and must be either signed by or originate from the same e-mail address as the person who completed the booking form. For those clients who book within eight weeks of their arrival date, full payment is required at the time of booking. Failure to make payment eight weeks before the holiday start date (unless otherwise agreed by HSA) will result in the credit/debit card being charged for the outstanding balance. In return Hsa will be able to supply a letter of payment confirmation to the Holiday Maker to claim against their travel insurance
After payment of the non-refundable deposit, the payment of the balance becomes due eight weeks before arrival. In the event of non-payment of the balance, the credit/debit card provided to Hsa as guarantee against your booking will be charged for the outstanding amount and the accommodation will automatically become available again. In such circumstances that the credit/debit card is/has been cancelled then the company will use its best endeavours to reclaim any outstanding funds. In the event of cancellation, written confirmation is required and signed by the person who has made the booking.
The balance payment and the deposit payment are non-refundable for any booking made.
The balance payment and the deposit payment are non-refundable for any booking made.If you wish to amend your booking, whilst we cannot guarantee any changes, we will do our best to meet your requirements. Please note an administration fee will be levied.Please note irrespective of method of payment, credit card details are required before the booking can be processed and confirmed. Your details will be held as security to cover against any breakages/damages/loss of time, for the duration of your holiday. The credit card details will be destroyed after your holiday. If a booking has been made through either Airbnb or CuddlyNest, credit/debit cards are stored with the portal directly and any breakages/damages/loss of time will be handled through their respective resolution centres.Please ensure the mobile telephone number given is the same number that you can be contacted on in resort. We strongly suggest you check with your mobile phone provider to ensure your tarif/data plan functions correctly overseas.The deposit payment itself indicates the acceptance of the Terms and Conditions, which form a contract between Hsa and the Holiday Maker. In the event of any dispute Hsa have the right to take action in accordance with Spanish law within the exclusive jurisdiction of the Torrox courts of Malaga province.
Online Check-in
Online check-in is required to be completed seven days before arrival, failure to do so will result in a €50 charge. Reminder emails will be sent out four and two weeks ahead of any arrival date.
Arrival and departure days
The rental period commences from 16.00pm on the day of arrival to 10.00am on the day of departure. Any variation of these times is by prior arrangement only and will be subject to an additional charge. Any arrivals and/or departure outside of these times must be agreed with Hsa. Please note that requests for early check-in and late check-out that have been agreed prior to the rental period are subject to availability and can be cancelled by Hsa, in which case you will receive a full refund of your early check-in or late check-out payment.
On the day of your departure, it is a contractual obligation to empty all bins and remove all rubbish and to leave the rubbish in the nearest outside bin, to empty the dishwasher, wash all dishes, to put away into the kitchen cupboards and to wipe all surfaces.
Keys and security
During the rental period, Holiday Makers are responsible for all keys and for their safe return to Hsa or the key safe, whichever is applicable at the end of the rental period. Loss or misplacement of any keys while in your charge will incur a €50.00 replacement charge per key. If an external key is lost, then the locks will be changed for security reasons and the cost incurred to instruct a locksmith will be passed to the Holiday Maker. If keys are not returned at the end of the holiday at the agreed time and place, a charge will be applied for their replacement.
Some of our properties have "key safes" fitted. In these cases you will be given your access code to open the "key safe". At all times when you leave the property the key has to be returned to the key safe. In the event of members of hsa needing access and the keys are not left in the key safe a €30.00 charge will be applied. If you have locked yourselves out and a member of Hsa is called to give access an charge is applied. If the locksmith is called because the keys are on the inside of the front door in the lock, then a charge of
€100.00 will be applied.
You are responsible for the security of the property at all times whilst in possession of keys and for the safe keeping of all items of the property within the property.
Behaviour and conduct
All properties are situated in residential areas (and in most cases bound by the regulations set out by the administrators in agreement with the owners of the community). Therefore we expect you to respect both the property and its furnishings, as well as your neighbours and the communal areas where appropriate. Any complaints reported from neighbours or members/employees of hsa regarding unacceptable behaviour, will be treated seriously and may result in the termination of the holiday contract and your eviction from the property. Under such circumstances we will not be under any obligation to provide a refund for loss of the rental period or similar such claims.
Towels and laundry
All bedding linen and bath towels are provided, beach and pool towels are not provided as standard but can be rented for a fee as a holiday extra. Bath towels provided must not be taken outside of the property or used by the pool or at the beach. Please note that in the event bed linen and or upholstered furnishings (internal and or external) become permanently stained as a result of semi_permanent cosmetic products
(e.g. henna tattoos) rendering the fabric permanently stained, the cost of replacement will be borne by the Holiday Maker.
Should you or any member of your party be responsible for breakages, loss or damage of any item of the property then a charge will be taken from your credit/debit card. Similarly if breakages / damage require additional cleaning then the cost will be taken from your security deposit. Please note any breakages will be charged for on a like for like / new purchase price basis plus the time incurred for purchase, delivery and installation where appropriate.
Your accommodation
This is reserved exclusively for the people named on the booking 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).
Maximum occupancy
The details of occupants of the booked property must be as detailed on the booking form. Under no circumstances must the occupancy exceed the number of guests listed on the booking form. Failure to comply with this may result in eviction from the property.
In the event that after the booking is made and the number of occupants on the booking form exceed the maximum occupancy stipulated per property on our website, we reserve the right to cancel the booking, in these circumstances a refund will not be available. For the avoidance of doubt a booking cannot be made comprising more people than the property´s maximum occupancy.
Our properties
All of our villas and apartments are privately owned and are furnished to the owners taste.
Inevitably the standard and style will vary considerably from property to property and although we endeavour to give accurate descriptions, occasionally interiors/surroundings may differ from photos supplied. Please note that ancillary items like washing up bowls, cutlery drainers, bath mats etc. may or may not be included. In the event that they are not included the company is not responsible for supplying these. The majority of communal pools are closed during the winter and the opening and closure dates vary. We can't be held responsible if a swimming pool (private or communal) becomes unusable due to unforeseen circumstances.
We strive to maintain the highest standard in our properties, this can sometimes result in certain maintenance or repair work required to be carried out during your stay. In the unlikely event that work is required to be carried out, we shall do our best to inform you of this via the contact numbers you have
provided.
Our obligations and liability
The accommodation featured in the hsa programme is privately owned and we act as a booking agent for and on behalf of the Property Owners. Renting Terms and Conditions have been acknowledged and agreed by the Property Owner. We have inspected every property first hand and use our best endeavours to ensure that all the information provided in both our website and printed matter is correct and accurate.
In the event that they are not included the company is not responsible for supplying these
We will use our best endeavours to inform the Holiday Maker of any changes, wherever possible, before arrival in resort. However, any changes made to the property's inventory is the responsibility of the Property Owner and we can only accept responsibility if a complaint results from the negligent act(s) and/or omissions of our own employees, whilst acting in the course of their employment. If a Holiday Maker´s complaint refers to an obligation of the Property Owner of theaccommodation, the company will act as an intermediary and will commit to do the best in finding an acceptable solution on behalf of both parties.
The company cannot accept responsibility for any failure in utility services, such as gas, electricity and water, or any failure attributable to the Holiday Maker or party member or the actions of third_parties unconnected with the provision of services or reasons of force majeur.
Neither can the company accept responsibility for the provision of third-party services such as transfers/taxis/transportation in general and any such similar ancillary services. Nor can the company accept responsibility in the event of death, bodily injury or illness, which should in all cases be covered by travel insurance.
All Holiday Makers aged 16 years and over are required by law to register with hsa the following information prior to arrival in Spain:
Passport number and or identity card, issue date, first and surname, sex , date of birth, country of birth, nationality and arrival date in Spain. This is a governmental obligation and mandatory and forwarded to the authorities.
Hsa accept no financial penalty for non-compliance of this requirement and any fine that may be applied as a result of Hsa not being in receipt of this information will be forwarded to the Holiday Maker in question.
Non-smoking policy
All hsa properties are non-smoking properties.
Pets
No pets are permitted in the property at any time without the written confirmation from hsa.
A small selection of our property owners permit dogs and or cats to stay during long winter bookings.
Where the company has agreed and permitted the inclusion of pets, Hsa will apply an
additional cleaning charge payable by the holiday maker which is carried out on the day of their departure
Special requests
Please note all prices on the booking form are for pre-booked "holiday extras". In the event of bookings for holiday extras made in resort, then a delivery fee of €15.00 per item is applied.
Should a "holiday extra" booking be made and subsequently cancelled, a cancellation charge of €10.00 will be applied. Any holiday extras which have been ordered and subsequently not paid for in the office within 48 hours of the holiday maker´s arrival, hsa will charge the holiday maker’s credit/debit card an administration fee of €15.00 as well as the balance of the holiday extras outstanding.
Any other special requests must be put to HSA in writing at time of booking and whilst we will make every effort to adhere to your requests, we cannot guarantee that we will always be successful.
Please advise our reservations staff of any special requirements particularly as it relates to anyone in the party who might have any special requirements/needs. The geography and terrain of Nerja and surrounding areas tend to be hilly with many properties accessed by steps. Inland properties can be located close to mountainous regions which might be inappropriate for wheelchair users or for holiday makers with walking and mobility difficulties.
TV / satellite TV
On booking the property you will have been informed if a TV/satellite system is installed in your property. Please do not attempt to retune the satellite TV's as this will incur the expense of a technician having to attend the property to sort out any problems thereafter. Please note that in January 2014 Spain lost its SKY "Freeview" connection (which provided all UK channels). Since then some of our property owners have installed alternative connections in order to supply foreign language channels. Any property which today offers these channels will have them listed under their property description at the bottom of the page for each property listing. In the event these channels become unavailable due to externalities unforeseen and out of the control of Hsa, we cannot be held responsible.
WIFI / internet
Many of our Property Owners have installed WIFI / internet. Properties which benefit from a connection are listed on our website. HSA do not accept any responsibility for loss of connection. We ask that you do not try to make any changes to the router set up, passwords or connections of wires.
If a technician is required to resolve a connection issue and it is reported that it was "user error", the technicians charge will be passed onto the Holiday Maker.
What is and what isn't included in the inventory
General cleaning material like dish washing liquid, detergent and products like cleaning wipes are not included, however toilet roll, tea towels, bath towels, hand towels and bedding are included. The quantity of toilet roles may not be sufficient for the holiday duration. The quantity is designed to avoid inconvenience to the start of the holiday.
Bathrooms
"Bathroom" in the property description could be bathroom or shower room. All baths have a shower attachment.
Maintenance / interruptions
Swimming pools and gardens are maintained regularly. From time-to-time routine maintenance repairs have to be carried out. Nearby building works can sometimes be a problem and we can only give assurance in this regard at the time of booking and cannot accept responsibility should activity commence without notice during the rental period. Most building work of this nature is undertaken by the local town halls and are often unannounced. In rural settings it is not unusual to hear cocks crow, dogs howl or even encounter the odd rodent.
Should public utility supplies fail, such as water and electricity, or plumbing systems and mechanical equipment fail, we can accept no liability (as detailed above), but will do our utmost to keep you informed of these types of problems as we are updated by either the contractors or the town hall.
Swimming pools
HSA do not accept any responsibility for the maintenance or opening times of communal pools.
In order to ensure that private pools are crystal clear during your stay, we work hard to ensure that all pools have the correct chlorine and Ph levels. Water levels in most private pools are maintained by Hsa, on a weekly basis. However as a result of expected and normal high temperatures water level maintenance/inspection is undertaken twice per week throughout July and August.
In order to assist in this process we ask that all holidaymakers take a shower before entering the pool and not to enter immediately after applying sun protection cream or similar. If this precaution is not undertaken it invariably results in a "cloudy" pool and with continued use under the same conditions will result in Holiday Makers not being able to use the pool particularly during the hottest months of July and August.
If a pool is not clean, we ask Holiday Makers to call our emergency phone immediately in order for us to send one of our maintenance team to the property in addition to the usual weekly/bi-weekly weekly visits. This does not include leaves which might have been blown into the pool.
We would also like to stress that unlike communal urbanisation pools, not all private pools are gated and it is the parents/adults responsibility to look after any non-swimmers/young children in the group. The Property Owner, nor the agent can be held responsible for any swimming pool related accidents that occur as a result of swimming ability or disability.
We ask holiday makers not to take glass near the pool, as broken glass in the pool will result in the pool having to be drained and cleaned at the cost of the Holiday Maker.
Emergency contact
Offering the highest levels of customer service is very important to us. Wherever possible we will do our utmost to ensure you have a hassle free holiday.
Our office is open from Monday to Friday 10:00hrs to 17:00hrs, Saturday 10:00hrs to 14:00hrs. In the event of needing to contact us in the first instance please call into our office or call us on the office number during office hours.
An out of hours telephone number is available as well as in the information folder in the property. In the event of a genuine emergency that requires assistance, then this number must be called.
Please note you will be required to leave a message, if the nature of your call does not relate to one of the following genuine emergencies, you will be required to call the office telephone number during office hours:
Personal Injury or accident.
Hospitalisation.Emergency medical treatment.
Robbery.
For the avoidance of doubt, if you lose your keys to the apartment, or if you lock yourself out, or if you
leave the key in the lock and then close the door rendering the door locked, these or similar incidents are not emergencies. Keys should always be left in the outside key safe where possible when leaving the property to avoid this eventuality.
Please note this telephone number is used for the express purposes of an emergency as described above. Your emergency call will require you to leave a message stating clearly the nature of the emergency and your booking reference number. If your call is not an emergency or if the nature of your call can be resolved during normal working hours we reserve the right not to return the call.
The emergency number is: 600669296.
Resort developments
It is inevitable that some resorts will experience building work from time-to-time. Local authorities may grant permission to build/alter properties and roads without notice. Unfortunately, such building works
are beyond HSA control, however, if we are made aware of the situation and weconsider it will materially affect your holiday, we will use our best endeavours to advise you in advance.
Alterations by us
In the unlikely event of us having to alter your holiday due to circumstances beyond our control we reserve the right to do so. We recognize that our reputation is dependent on our providing smooth running and problem free arrangements on all aspects of your holiday and every effort will be made to keep any resultant disruption to a minimum. If the property you have rented is withdrawn from our programme for whatever reason, we will offer you an alternative property with a refund of any difference if applicable. If we are unable to offer you an alternative property we will refund the rental monies minus the 20% non- refundable deposit. We will not be responsible for costs of flights or any other ancillary cost that may have been booked in conjunction with the reservation. Any written price confirmation will also be honoured even if the property price has subsequently increased, as property owners have the right to amend their prices if they wish.
Transportation
If a taxi is booked via HSA either to or from the airport to your accommodation or vice versa or any other type of transportation then the following will apply:
In the event of a no-show the full payment will still be charged and no refund will be available.In the event of a cancellation and providing that notice of cancellation of at least 6 hours prior to the agreed pick up time is given then a €15.00 euro cancellation charge will be applied.
Notification within 6 hours of pick up time will incur the full charge.
Delayed flights/personal check-in
If a personal check-in has been booked then the following will apply:
Please remember to call your personal check-in contact telephone number when you leave Malaga airport.
In the event your flight departure is delayed by more than 40 minutes, or your chosen mode of transport is delayed by more than 40 minutes then please call your emergency number to inform our personal check-in team before you leave your airport or point of origin.
In the event of unforeseen delays "en route" which delays your arrival time by at least 40 minutes please telephone your personal check-in contact telephone number.
In the event you do not inform our personal check-in team of a delay by more than 40 minutes then an additional charge of €15.00 euros will be made to the check-in service charge.
Insurance
We strongly advise that you take out adequate travel insurance for each member of your party. We shall not accept responsibility that would have been covered by a travel insurance. Group bookings
We have the right to refuse reservationsfor parties of four or more persons of the same sex. We do not accept group bookings under the age of 25.
Winter bookings
For bookings that take place between 1st October and 30th March, in properties that have a/c heating units, the purchase or use of additional cooling and or heating devices are not permitted without prior agreement from the owner. If additional heating or cooling is required, then tenants must contact Hsa, who in turn will use their best endeavour’s to seek approval from the Property Owner to purchase additional equipment. If tenants choose not to request permission from HSA then any additional cost of electricity or gas (where applicable) over and above the cost of normal winter consumption as a result of the use of additional heating/cooling devices, will be charged to the Holiday Maker. For the avoidance of doubt, the cost of the electricity consumption is the responsibility of the Holiday Maker. Hsa will collect funds from the Holiday Maker for the electricity usage in advance to the value of €80.00 per month for a one bedroom property, €110.00 per month for a two bedroom property and €150.00 per month for a three bedroom property, this is required to be paid in cash on the day of arrival in our office. For any winter bookings lasting four weeks or longer, we ask that holiday makers replace any light bulbs that might blow/broken during their stay. We don’t recommend that you use the Chinese shops, as the light bulbs sold there are of low quality and are likely to last a couple of days only.
Winter rental bookings require a 50% deposit to be taken of the total rental price. 20% is payable seven days from the date of making the booking and the remaining 30% deposit is required three months from the date of making the booking. The remaining balance of 50% is payable eight weeks before the arrival date.
Complaints
In the unlikely event of a complaint you must follow this procedure. Contact us as soon as possible with full details of any problems. You must not independently move to alternative accommodation without giving HSA every opportunity to assist you in resolving the problem or complaint.
If you do, we reserve the right not to pay any compensation or repayments.
Reasonable time should be allowed for us to act upon/rectify any complaint. Please be aware that the service of plumbers/electricians etc can take longer to materialize in foreign countri es, particularly over weekends and public holidays (fiestas).
Holiday maker must inform HSA, in writing, of any complaints and or compensation claims, within seven calendar days of returning to clients usual place of residence. HSA will not consider any complaints or compensation claims made to them, after the seven calendar day ruling.
We cannot accept responsibility for damage, loss or disappointment arising from complaints that we were not given reasonable opportunity to rectify, or of which we were not notified in accordance with this clause.
In the event of any dispute HSA has the right to take action in the law courts of Torrox, Malaga, Spain.
To conclude
Some of these points may seem somewhat excessively onerous, they are not intended as such. They are Terms and Conditions designed to layout the contractual relationship between the Holiday Maker(s), Property Owners and HSA. If you wish to discuss or seek clarity on any of these points our customer service team is at your disposal.
E-mail communication/data protection
Please be advised that your e-mail and personal information are incorporated into an automated file which is the responsibility of HSA in order to facilitate the administrative and communication with related persons. This data will not be disclosed to third-parties. You can exercise your rights of access, rectification, cancellation and opposition by writing to HSA property manegment
Taxation
Owners are advised to take advice on their taxes from a qualified tax accountant or consultant.
Hsa does not advise on taxation.
What "we do" and what "we don't do"
As a holiday rental business on the stunning eastern Costa del Sol with over various properties, there is plenty that we do for you. There are also, however a number of things that we simply can't do. To make life easier, we have compiled a brief outline of a few do’s and don’ts.
Please note that despite how unusual, comical or totally bizarre all of these points may be, they have all in one way or another occurred in the past.
We DO :
We DO order taxis for airport transfers during our office hours (Mon-Fri: 10-7, Sat: 10-2)
We DO answer the emergency phone 24/7
We DO supply a bottle of bubbly for repeat customers!
We DO charge for any emergency calls made out of hours for non-urgent matters/emergencies
Non-urgent matters include but are not limited to the following examples:
Wanting us to order a Pizza
- Wanting us to order a Taxi
- Reporting the TV is not working
- Reporting dogs in the country side are barking and other similar examples
- We DO charge for lost keys and locks, often a lost key requires a new lock.
We DO pass your passport details to the authorities (This is a legal requirement)
We DO offer personal check-ins (for a small fee)
We DO supply an extra set of property keys (against a € 20.00 cash deposit, which will be returned)
We DO when we say self-catering, mean self-catering for yourselves!
We DO supply one toilet roll per bathroom for when you arrive!
We DO supply holiday extras ( which can be ordered on our booking form)
We DO prepare beds for your arrival with bedding
We DO provide one large and one small towel for the bathroom and a drying up towel for the kitchen
We DO solve property related problems (We DO have a maintenance team)
We DO supply birthday cakes (at a charge)
We DO offer late check-outs (at a cost)
We DO provide photo illustrated directions to your property
We DO promise to do our best to ensure you have a fantastic holiday
We DO print boarding passes, which have been emailed to us, ( €1.00 per boarding pass)
We DO realise you have a choice
We DONT :
We DON’T, in the event of left luggage, hold onto holiday makers belongings, we keep them for 2
weeks, and thereafter send them (at client´s request and at their cost) home. If there is no recovery request we send the items to a local cancer charity.
We DON’T pass your credit card details to third parties and are obliged to adhere to data protection
legislation
We DON’T take airport transfer requests after 8pm
We DON’T order in-town taxis (from restaurant to villa)
We DON’T charge for calls made to our emergency phone in the case of an emergency
Emergencies and Urgent matters include but are not limited to the following examples:
- If you have locked yourself out
- If you have fallen ill and need a doctor
- If you have lost your wallet etc
- If you have been burgled (very unlikely)
- If you have an accident
We DON’T take responsibility for bird nests, wasp nests, barking dogs in the country, wild cats (and we DON’T suggest you feed them), power cuts, water supply problems, municipal or urbanization building/remedial works etc.
We DON’T supply, hire cars, D.V.Ds, computer games, push chairs, bicycles, mobile phones, spanish
plugs, hairdryers, parasols, rubbish bags, video cameras, slippers, dressing gowns, fire wood, fire - lighters, washing up cloths, cleaning material, charcoal, extra toilet roles, dishwasher salts, etc.
We DON’T provide a representative service
We DON’T charge a cash deposit
We DON’T have control over the weather (Unfortunately!!)
We DON’T provide torches in order to read our key safes at night.
We DON’T provide logs for wood burning fires in cooler months
Hsa property management.