Namasteé villas 

Namasteé villas Terms and Conditions

  1. Booking and Payment
  2. Security Deposits
  3. Prices and commissions
  4. Rental period
  5. Changes and Cancellation
  6. Parties and celebration
  7. Our Responsibility for your Booking
  8. Complaints
  9. Law and Jurisdiction
  10. Reviews and ratings
  11. Personal identification
  12. Privacy Policy
  13. Force Majeure and disclaimers
  14. Additional Services
  15. General application of the present terms and conditions

 

 

General application of the present terms and conditions

 

General

Except where otherwise specified, Namasteè villas (“NV”, “we”, “us”, “our”) acts only as the administrator of the marketplace.

Namasteé villas is a trading name of Silvio Giannullo, registered in Spain under the VAT code Y3105254S. The business address is:

Avenida del Coral 6, 29688 Estepona Malaga Spain

Namasteé villas (“NV”) is just marketplaces where, as supplier of properties for rent, operate the owners (Landlords / Owners) and their representatives (“Owner Representative”) as the real estate agents or property managers (“Agent”). The suppliers manage their own listing, advertising and marketing campaign, offering the Properties for rent and they do arrange the bookings according to their own terms and conditions.

We are not a travel agency and we do not provide or own travel services or accommodations ourselves. When you inquire or book a vacation rental, you will be dealing directly with owners/managers, including the rental, refund and cancellation policies of each owner/manager

All the services offered on the marketplace are offered by the company displayed in each of the advertisements, as well, according to their own policies.

Each time a Guest (Tenant) confirms a booking for a property displayed over Namasteé villas (“NV”) website, a Rental Contract is sealed between the Owner or the Owner’s Representative for the agreed period (“Rental Period”), and the guest in whose name the booking is made (the “Guest” or “Tenant”). Each time a Guest books a Property through NV, the Guest is deemed to have agreed to these terms and conditions. The Rental Contract is not effective until Owner or representative has confirmed the Guest’s booking in writing via email and the Guests have paid a deposit or upfront payment.

The payment of any amount required is considered as an implicit acceptance of the terms and conditions of the offer.

 

We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements in question (the “supplier(s)”). When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier's liability to you.

You may decide to make one or more bookings with us at the same time and the marketplace will offer you a single payment process for your convenience. The system will send the exact amount due to each of the suppliers you contracted. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package.

By making a booking with us you confirm and agree on the 3 statements below:

1    You are authorized to agree the Booking Conditions on behalf of all persons included on the Booking Form


2    You have read these Agency Terms and Conditions and agree to be bound by them on behalf of all members of your party;


3    You are over 18 years of age

 

1 Booking and Payment

Once You have decided upon the property and/or service you wish to book, you may make an online booking filling the form and using one of the payment options offered on the website.

The Owners and their representative have the right to activate the filter to preapprove the bookings otherwise the booking is automatically confirmed.

Email booking: The owner will provide a written quotation by email and/or on screen showing the total rental fee to the Guest for the Property. Please check all details of the Booking Confirmation carefully and report any incorrect or missing information to us immediately. As we act only as a booking agent, we have no responsibility for any errors in documentation, except where the error has been made by us.

Quotations are valid for 24 hours. Where the Guest agrees by email to book the Property, or where the Guest makes a booking through the secure on-line booking system on our web site, the Company will provide a booking confirmation to the Guest by email. The booking shall be provisional for a period of 24 hours from the date of the booking confirmation. The Guest must pay the requested deposit or payment as defined on the booking confirmation within that 24 hours’ period and send a receipt of payment to the owner.

The booking is confirmed when the upfront payment will be cleared on the owner’s account or his representatives’ account.

The final payment is scheduled 4 weeks prior arrival if not differently agree on the booking.

Any money paid as upfront, balance or full payment is considered as non-refundable unless differently specified on the booking confirmation sent to the guests by the owner / manager.

The payments processed through PayPal will be guaranteed and managed according to the PayPal’s terms and conditions including the payment protection policy. The Owners or Owner’s representatives are the sellers in all the transactions and the primary receivers.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you according to the owner’s policy. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions.

The Guest agrees and acknowledges that the owners will not release the Property or any service prior to receipt of payment in full, including the damages deposit and the funds clearance. Failure of the Guest to pay rental or for any service will result in removal or refusal to supply according to the owners’ policy.

Please Note: Payment to confirm a booking is possible by PayPal, debit or credit card or bank transfer. PayPal and card payments are subject to a 3.4% fee. Bank transfers to our bank account do not carry a fee, but you must ensure any applicable bank fees or exchange rate commissions are paid so that the full amount on the invoice will be received on the owner’s or agent’s account.

2. Security Deposits

A Security Deposit may be required by the supplier of your chosen arrangements to cover costs resulting from the action or inaction of any guest occupying the property during the agreed booking period, including (but not limited to): the property being left in an unreasonable state, loss or non- return of keys or remote control devices, excessive or long distance telephone call charges, neglect or damage to the property or furniture and amenities, damage or loss of contents and/or, any extra or excessive cleaning or electricity costs required.

Where applicable, the amount of the Security Deposit will be advised to you at the time of booking and in the Booking Confirmation email, together with instructions for payment. If the Security Deposit is not paid, the supplier may preclude you from entry to the property and treat your booking as cancelled and charge the cancellation fees set out in their booking conditions.

The supplier will refund the Security Deposit to you usually within 7 days of your departure from the property less any costs incurred. It could take more time when there are damages to be quoted by professionals.

In the event of damages attributed to you or a member of your party during your stay, the supplier shall notify you as quickly as reasonably possible providing with any evidence. The cost of any remedial action shall be deducted from the Security Deposit by the supplier and the balance refunded to you. If there is extensive damage requiring specialist attention, refund of the balance of the Security Deposit cannot be guaranteed within 14 days.

In the event that the cost of rectification for losses or damage caused by You or a member of your party exceeds the Security Deposit held, the supplier shall notify you of any additional amount owing. You are advised that the supplier reserves the right to pursue recovery of any additional cost over and above the Security Deposit and for this reason adequate personal liability insurance is strongly recommended.

As we act only as an agent, we will not enter into any negotiation or arbitration between you and the supplier regarding the Security Deposit and any such discussions will be held directly between you and the supplier.

The owner / agent will refund the net amount received and cleared on the account.

3. Prices and commissions

The owners are allowed to manage their listing according to any strategy of yield and revenue management and they reserve the right to amend advertised prices at any time or to have promotions and flexible rates.

The prices are advertised in Euros but each owner can fix the rate in a foreign currency for the customer’s convenience.

Using the PayPal payment option, the payments are processed through the online adaptive payment system which split in parallel the fee between the marketplace and the owner, who is the principal receiver and responsible for the contract’s obligations.

The agents / property manager is included in the price and paid by the owner.

The marketplace commissions are displayed in the check-out bill on the website.

3.1 Acceptance

The Guest agrees that payment of the rental deposit sum to the Owner will signify their full acceptance of the Owner’s rental terms and conditions. 

The rental terms and conditions contained in this document are accepted by both the Guest / tenant and the Owner /Agent when the parties have agreed on any different clauses and conditions on a separate contract.

The Guest further acknowledges that settling any payment of the final rental sum, the Guest has received copies of, and/or read and accepted the rental terms and conditions detailed in the present document.

3.2 Accessory fees

  • The utilities may be, or not, entirely included in the rental fee.
  • The final cleaning fee might be calculated as an extra fee to be added on top of the rental price
  • the pool heating is normally not included in the rental fee when available.

Please inquiry with the owner for all the above.

When no specific terms are established between the parties, the utilities will be calculated as follow:

-  ordinary final cleaning as included in the price

-  electricity included up to 25 euros per day

-  water as included in the price

the final cleaning means a normal cleaning. The property must be left in ordinary conditions of use. The example bellows are not included in the ordinary final cleaning (those are just example and the logic behind could be applied to many similar cases) and the owner / agent can charge the tenant for the additional cleaning time required or to replace the damaged items.

-        throw cigarette or empty bottles or cans in the garden,

-        burn the pans

-        to seat on sofas or chairs with body lotion or with wet swimsuit or cloths  

-        leave the dishes and pans dirties for many days

-        spots or fingerprints on walls or furniture

-        to go to bed without cleaning or with coloured body lotion

-        throw confetti in the property or garden

-        throwing diapers into the toilet

-        use the towels to clean up the make-up.

all the above abuse detailed above or similar would cause extra costs fix to replace the original conditions and those costs will be deducted by the damages deposit.

The owner reserves the right to access the property to verify if the cleaning conditions and house rules are met. To rent a villa in self-catering, means that the tenant decided to take care of the villa by yourself and it does imply the obligation to keep it in decent conditions and respecting the house rules.

The owner reserve the right to send a maid to clean up and restore the normal condition of usage, even daily if necessary. The related cost would be charged to the tenant at 15 euros per hour and discounted from the security / damages deposit if not paid.

4. Rental period

The Guest agrees, and the Company permits the Rental Period to begin and end on the dates and times shown as the Rental Period (as shown on the Rental Agreement). Both of the aforementioned understand and legally recognise this as a temporary term contract

Check-in to the Property is after 4:00 pm on the date of arrival as shown on the Rental Agreement, Booking Confirmation or Registration Form. Upon arrival, the guests will be required to deliver a copy of each of the hosted people’s passport. The check-in time is within 9pm; to check-in later inquiry for the extra costs if any applied.

Check-out is at or before 12:00 pm on the date of departure as shown on the Rental Agreement and Registration Form. The check-out time is from 8am; To check-out earlier, or later, please inquiry for the extra costs if any applied.
Basis of rental: the properties offered for short-term rental are provided on a self-catered basis. Please verify the special conditions offered by any different owner.
On the termination of the Contract, the Tenant is obliged to fully vacate the property in the same conditions at the inception of this contract.  In addition, the renter shall pay for repair or damage caused during the tenancy such sum to be deducted from the damage deposit.

On termination of the contract, the Tenant is required to return the keys and leave the property unoccupied. If the tenant has not left the property on that said day, Landlord has the right to enter the property and take possession. For each day of delay after the termination of contract Tenant will be required reimburse Landlord at a rate of three times the amount of the daily rental agreement in this contract.

Tenant shall not sub-let the property. The number of the occupants shall not exceed the number detailed in the booking at any time of the rental.

Tenant agrees to permit the owner or his manager at regular, intervals such as to ensure the it is kept in its original condition at the commencement of the rental period

The properties are usually rented with change-over also on the same day and those have to be maintained constantly. Tenant agrees to permit the housemaid, provided free at 15 euros per hour and paid by the tenant, to daily attend the villa in order to provide cleaning and general services needed to maintain the villa in ordinary conditions.
The gardener and any technician need to repair any damages or malfunctioning will be admitted by the tenant for the ordinary and extraordinary maintenance.
Non-compliance any of the aforementioned conditions shall immediately null in voids this contract and no refund is guaranteed to the tenant for any amount paid.

 

5. Changes and Cancellation

Any cancellation or amendment request must be sent to the owner in writing, by email. The owner reserves the right to refuse the changes when not available or to quote the difference due in case of acceptance.

Each Region, State or Country has its own law regarding the mandatory terms by law and the conditions which can be contracted by the parties.

Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements.

Wherever possible, the supplier will actively attempt to re-sell cancelled dates. If successful, subject to the limits above, the supplier will return to you any monies paid less the deposit and the difference between the cost of the cancelled booking and the replacement booking.

6. Parties and celebration

It is not permitted to host events or celebrations in any of the properties, where capacity will exceed the maximum number on the booking form, without prior written consent from the supplier. In such circumstances admittance to the property may be refused or the tenant may be asked to vacate the property immediately if this condition is not observed. The supplier may also levy a supplemental fee for additional guests.

7. Our Responsibility for your Booking

Your contract is with the suppliers and their booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to let the parties meet each other on the marketplace so the marketplace doesn’t not take any responsibility in case the owners failure to comply with any of the rental terms and conditions.

However, in the event that owner will not comply with the obligation met, the marketplace will refund, an amount limited to the value of the commission earned on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

The Owner or his representatives may enter the Property at any time, without notice, for the purposes of protection and/or maintenance of the Property. Wherever possible, the owner will provide notice to the Guest prior to such entrance.

The Owner does not accept no liability for personal loss or injury to the Guest during the Rental Period. The Guest must ensure that they have adequate insurance cover. The Company provides information and advice in the Home-Pack to the Guest in an advisory capacity only, with no guarantee or promise implied.

The Guest must ensure that Children are supervised at all times. The properties have usually not fenced swimming pools, terraces and stairs which may limit the mobility or be dangerous for kids or elder people or with restricted mobility capacity. The Guest must inquiry prior the booking to verify that the property booked offers the characteristics needed for the safety of the hosted guests.

The owner does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure that may have a deleterious effect on the Guest.

The Marketplace does not accept liability for removal of the Property from the marketplace, or transfer of the Property to another company by the Property Owner that results in the Property becoming unavailable for the Rental Period.

8. Complaints

Because the contract for your arrangements is between you and the supplier, any queries or concerns should be addressed to them.

The marketplace is offering a concierge service to help the parties to address any arising issue.

Please inform as if any issue arises since we are very keen on keeping the best reputation and reliability of the network. 

Please be advised NV accepts no responsibility for personal injury, loss or damage to renters/visitors' vehicles, property or articles whilst on these premises, regardless of how caused.  Please particularly ensure safety precautions relating to swimming pool (it is accepted by Tenant that there are no safety railings surrounding the swimming pools) and that the swimming pool plant room contains dangerous chemicals and machinery.

Additionally, we cannot accept responsibility for breakdowns of equipment, Internet connection, TV’s etc. which are out with our control.  Once reported, the owner endeavor to affect any necessary repairs as appropriate, as quickly as possible but we cannot guarantee third party actions and reaction times.

9. Law and Jurisdiction

These Agency Terms and Conditions are governed by Spanish law

10. Reviews and ratings

Any ratings given on the website are as provided by tenants. These are intended to give a guide to the services and facilities you should expect from your accommodation but those are personal opinions expressed by the guests

The marketplace’s agents are always involved in an annual viewing of the property but we cannot guarantee for the owner’s management. The marketplace will delete any property which doesn’t comply with the description.

We do not accept responsibility for modifications made by the supplier for breakdown in water supply, gas or electricity; for infestation, or the breakdown of swimming pool filtration or heating systems.

Where we visit a property, this does not imply any acceptance of liability for risks encountered, and the responsibility for the safety and supervision of children and all members of your party remains always yours.

11. Personal identification

To release a copy of the passport is required by most of the local law ruling the rental market. It’s mandatory to release a copy upon arrival.

Some gated communities required to be informed about the tenant’s identity and about their vehicles to admit the people to cross the entrance barrier. The guests authorize the owner / manager to transmit the guests’ data to the security staff for the mentioned purpose.

12. Privacy Policy

Any personal information supplied to the market place is used, held or stored in accordance with the local law.

The marketplace is not responsible for the information sent to the owners.

13. Force Majeure and disclaimers

Force majeure is any event which we or the supplier concerned could not, even with all due care and attention, avoid. Such events may include war or threat of war, civil strife, natural or nuclear disaster, industrial dispute, terrorist activity, fire, adverse weather conditions, unforeseen local building or road-works, the act of any local government or other national or local authority, unavoidable technical problems with transport, closure or congestion of airports or ports, cancellations or changes of schedule by scheduled airlines and all similar circumstances beyond our control.

Please be advised that the Rental or Manager and the Ultimate Owners of the Property accept no responsibility for personal injury, loss or damage to renters/visitors' vehicles, property or articles whilst on these premises, regardless of how caused.  Please particularly ensure safety precautions relating to swimming pool (it is accepted by Tenant that there are no safety railings surrounding the swimming pool) and that the swimming pool plant room contains dangerous chemicals and machinery.

Additionally, we and the owner /manager cannot accept responsibility for breakdowns of equipment, Internet connection, TV’s etc. which are out with our control.  Once reported we will endeavor to affect any necessary repairs as appropriate, as quickly as possible but cannot guarantee third party actions and reaction times.

The marketplace is not responsible for the effect of any of the above or similar circumstances.

The owners / agents are not responsible for any tenant’s belongings.

14. Additional Services

Our sister company Hedó marketplace offers any additional services during your stay. The best professional are offering many services to satisfy any needs along the stay.

All the contracted services, as well as the properties listed on Namasteé villas marketplace, are provided by different professionals and they are the responsible to deliver according to the obligations met. Hedó and Namasteé villas are not responsible for any of the services contracted on the marketplace.

To add-on any additional services would not constitute a package of rental with services. We just provide you a trustable service provider as a tool to set up your bespoke holiday.

15. General application of the present terms and conditions

The owners and service provider have to produce and communicate to the guests/customers their own “terms and conditions” format otherwise the contract is subjected to the ones contained in the present document.

You may not transfer your Booking or any rights and responsibilities under these Booking Conditions to any other person, without our prior written consent.

If at any time any part of these Booking Conditions is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.

When an owner or service provider doesn’t produce a detailed terms and conditions agreement, the above terms and conditions, as well as the one below, will be applied to the contracts to rules any applicable case related to booking placed through this website.

These Booking Conditions, together with the Quote, the Cancellation Policy and our confirmation email contain the entire agreement between the landlord/ property manager / agent and the guest relating to the Booking and supersedes any previous agreements, arrangements or discussions. 

15.1 Electricity and pool heating

Electricity allowance equal to 25 euros per day. The consumption is excess of that allowance will be charged at 0.30 euros per kWh and can be deducted from your security deposit.

The pool heating contributes to the electricity consumption. The damages deposit has to be increased by 60 euros per day when the pool heating will be switched on.

15.2 Noise and damages

The guests agree to respect and not to disturb or otherwise annoy the occupants of neighboring properties. You also agree to adhere to any specific noise restrictions in place at the property or at the community where the property is located.

The supplier / owner reserves the right to enter the property to investigate concerns relating to the care of the property or to disturbances. The supplier is within their rights to request that you vacate the property with immediate effect if it is found to be in a neglected or damaged condition.

The supplier / owner reserves the right to remove the music speaker when the timing or volume are annoying the occupants of neighboring properties.

15.3 Sofas, linen and towels

Sun cream, fake tan, waterproof make-up and hair dye can all cause permanent damage to the furniture, bedding, linen and towels, and we ask that you take care when using these products.

We recommend that if you are planning to use such products during your stay, that you bring your own spare linen to prevent damage to items within the property. If damage / staining does occur and the items cannot be cleaned, a charge may be levied from your Security Deposit to replace these items.

The towels, we provide, cannot taken to the beach or those couldn’t be cleaned completely. In this case, the costs of replacement would be charged to the tenant at 10 euros each.

15.4 Smoking

Please note that, unless otherwise advised, all the properties are non-smoking. Should you fail to adhere to this condition, you may forfeit the Security Deposit.

15.5 Pets

Pets are not admitted if not differently stated by the owner.

15.6 Jacuzzi e pools

Using cream, lotions or not taking appropriate showers before bathing could results in turbid water. The needed treatment of the water would be charged accordingly to the price charged by the professional involved.

15.7 Alarm

The alarm system, when not used appropriately could cause false alarm call involving the owner, private guards and even the national police. The owner reserves the right to charge the tenant for any intervention needed and caused by abuse or inappropriate use.

15.8 Interventions caused by the tenant

The owner must intervene promptly for any problem arising and those interventions are free of charge when not caused by the tenants. The owner reserves the right to charge the tenants for any costs related to the intervention produced by an inappropriate use of the appliances, tolls, amenities. 

15.9 Check-in and check-out procedures

The check-in and check-out timeframe are detailed above at the articles 4.

The check-in and check-out timing must be agreed with the owner / manager and respected.

The staff members involved in the check-in and check-out procedures are paid by the owners. The owner reserves the right to charge 30 euros per hour for any delay to the scheduled timing of check-in or check-out compare to the scheduled time if daytime and 50 euros per hour on the nighttime.

The above rates are applied when the delays are within the timeframe admitted to check-in and check-out.

A delay in the check-out beyond the admitted time is regulated accordingly to the articles 4 of the present document.

A delay in check-in and check-out could also cause a rescheduling of the check-in at the first timing available for the staff to come back to the property and cause further delays to the check-in.