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Legal Notice

This booking agreement is made in Spain, between:

HomeCareontheWeb S.L. (hereinafter referred to as HCPM), whose company is registered in Spain, registration number is B92982552. and ‘The Holiday Rental Client(s)’ referring to the person booking the property and all members of the holiday party. (Hereinafter referred to as the ‘CLIENT’)

Basis of Agreement

‘HCPM’ promotes and manages the properties supplied for letting purposes and features such properties on the website on behalf of the respective property owners. All properties available through ‘HCPM’ are serviced by our Property Care and Rental Management service in Spain.

Whereby it is agreed by both parties that the following Terms and Conditions shall apply:

Property descriptions

‘HCPM’ takes all reasonable precautions to ensure that the descriptions and prices of properties or services shown on the website are accurate. However, errors do occasionally occur and ‘HCPM’ reserves the right to alter descriptions or prices if necessary, whereupon the ‘CLIENT’ shall be notified and given the option of accepting such alterations.

Prices

All prices for ‘HCPM’ rental properties and associated services are in Euros, and the ‘CLIENT’ agrees to remit all payments to ‘HCPM’ in Euros. The price to the ‘CLIENT’ for the rental period of any selected property shall include:

Occupation by the ‘CLIENT’ for the period and times booked of the selected ‘PROPERTY’ as detailed on the website.
Normal pre-arrival and post-departure cleaning and laundry services. including a set of clean linen and bathroom towels (but not beach towels) per named guest.
Utilities charges, such as electricity, gas and water charges.

For the avoidance of any doubt, the prices shall not include:

Flights
Transport
Travel insurance
Emergency Call-out charges

Additional holiday services

‘HCPM’ can offer the client additional services such as cleaning, cots and high chairs, please contact “HCPM’ should you require additional services for a quotation.

Bookings procedure

An initial non-refundable booking deposit of 25% of the total rental price shall be required by ‘HCPM’ to confirm the booking by the ‘CLIENT’. The balance of the rental price shall be required no later than 42 days (six weeks) before the commencement of the rental. If the balance is not paid by the ‘CLIENT’ by the due date, the Agreement shall be deemed to be cancelled and the booking deposit forfeited. In the case of a booking made for a holiday rental within 42 days, ‘HCOTW’ shall require immediate and full payment from the ‘CLIENT’. Every effort will be made to contact the CLIENT to avoid cancellation.

Service fee

´HCPM´ does not charge a refundable security deposit, instead we require a non-refundable service fee of 5% of the total booking price, payable with the balance of booking.

Insurance cover is provided by HomeCareontheWeb S.L. and covers accidental damage to furniture, furnishings, appliances, utensils and structural features of the property, up to a repair or replacement value of 500€. Notification of damages is required, please report to the ´HCPM´ office. The cover is for one single holiday period.

Exclusions to the Cover include, deliberate or wilful breakage or damage of furniture, furnishings, appliances, utensils, or to structural features of the building, or theft of items or items missing from the property at the end of the holiday period.

If a compensation claim is made against the Holiday, the sum of 5% will not be included in the calculations.

Additional Security deposit

´HCPM´ reserve the right to add a security deposit when the booking consists of large groups, if a number of guests are under the age of 21, pets are included or the booking is a long stay. The increased deposit can be charged up to EUR 300 per number of persons the holiday home can accommodate. Security deposits are refunded to the CLIENT within 30 working days.

Passports

All guests over the age of 14 are required by law to present a valid passport or photo identification physically or electronically on or before arrival.

Upon departure

Upon the departure of the ‘CLIENT’ from the ‘PROPERTY’ at the end of the rental period, the ‘CLIENT’ agrees that the ‘PROPERTY’ shall be left in the same state and condition that the ‘CLIENT’ found it upon their arrival, with the exception of the linen requiring to be laundered and the property requiring to be cleaned as a result of normal usage. In the event that extra cleaning, property damages or lost keys occur then these excess charges will be paid by the CLIENT directly to 'HCPM'.

Cancellation Policy

In the event of a cancellation by the ‘CLIENT’, the ‘CLIENT’ must immediately notify us by confirmatory email. In the event of cancellation, we have two cancellation policies in place. The ‘CLIENT’ should enquire in advance which policy applies to the property.

Flexible cancellation policy: The client can receive a 100% refund if the date of cancellation is at least 14 days prior to the arrival date.
Strict cancellation policy: The applicable refund percentages are detailed below.
- Cancellation received 70 days prior to arrival date - The guest would forfeit 10% of the value of the reservation *
- Cancellation received 69-40 days prior to arrival date - The guest would forfeit 25% of the value of the reservation*
- Cancellation received 39 days prior to arrival date - The guest would forfeit the total amount paid for the reservation.

* Minimum charge to client EUR 100

Changes

In the unlikely event that ‘HCPM’ needs to change the accommodation booked by the ‘CLIENT’, ‘HCPM’ shall notify the ‘CLIENT’ and shall offer to provide other accommodation of the same or higher standard, which the ‘CLIENT’ has the right to refuse, in which case all monies received from the ‘CLIENT’ in relation to the original property booked shall be refunded, in full and final settlement of any claims by the ‘CLIENT’. ‘HCPM’ reserves the right to make changes or modifications to this Agreement in the light of alterations to their standard trading practices or methods of operation. Such changes shall be notified to the ‘CLIENT’ in writing. Any other changes or modifications of a material nature proposed by ‘HCPM’ to this Agreement shall be notified in writing by ‘HCOTW’ to the ‘CLIENT’ and must be agreed by both parties.

Keys

To ensure safe handover of keys the ‘CLIENT’ must ensure their flight time and/or estimated arrival time are submitted to ‘HCPM’ 21 days before commencement of the holiday, together with confirmation of their mobile telephone number for ‘HCPM’ to establish contact with the ‘CLIENT’. Keys shall be available for the ‘CLIENT’ to collect from the ‘HCPM’ office during normal office hours. Outside of office hours keys shall be available for collection from a 24-hour safety deposit keybox for which the ‘CLIENT’ shall be given the security code. Upon full payment of the holiday booking the ‘CLIENT’ shall receive a confirmatory email from ‘HCPM’ containing the precise key pick-up details (including the keybox code if applicable), directions in English and Spanish on how to reach the ‘HCPM’ office and the ‘PROPERTY’, and the telephone number with which to contact ‘HCPM’ on arrival.

Occupancy

No person, other than those whose details are included on the booking form, shall occupy the property at any time. Properties are available for occupancy from 16:00 on the day of arrival and must be vacated by 10:00 on the day of departure. Pets are not allowed unless specified.

Emergencies

In the event that a 'CLIENT' loses the key(s) to, or is locked out of, the ‘PROPERTY’, or has a similar client-generated emergency, and requires the telephone assistance of ‘HCPM’, or a representative of ‘HCPM’ is obliged to visit the ‘PROPERTY’ to supply an additional set of keys or to resolve the problem, the 'CLIENT' shall be responsible for such call-out charges, and/or key replacement costs, as detailed in the Guest Manual provided in the ‘PROPERTY’ and also available upon request from the ‘HCPM’ office. ‘HCPM’ will provide the ‘CLIENT’ with an emergency telephone number which is available in cases of genuine emergency, between the hours of 17:00 to 22:00, on normal working days (see below for dates), and between 12:00 to 20:00 on Saturdays, Sundays and Bank Holidays.

‘HCPM’ Office Details

Location: Edf. Com. Urbanoria, Locales Bajo, Calle de la Noria 1, La Cala de Mijas, Malaga, 29649, SPAIN Telelhone: (0034) 952 83 95 95. Normal office working hours: 10:00 to 17:00 Monday to Friday and during the summer months include Saturday 12:00 to 18:00 and Sunday 12:00 to 18:00.

Complaints

Every effort is made to ensure you have an enjoyable holiday. In the unlikely event that the ‘CLIENT’ has a complaint concerning the holiday rental property, the ‘CLIENT’ must advise ‘HCPM’ immediately as most problems can usually be resolved at this point. If the grievance is unresolved, or the ‘CLIENT’ is unhappy with the service provided by the ‘HCPM’ office, they shall be asked to complete a Customer Complaint Report. If, on return to their home country, the ‘CLIENT’ wishes to make a formal complaint, the ‘CLIENT’ must provide ‘HCPM’ with details of the nature of the complaint in writing with the signed Customer Complaint Report form attached, and the ‘CLIENT’ shall send it to the ‘HCPM’ within 28 days of said return. ‘HCPM’ cannot consider any complaint received outside of this period, and in the event of any type of compensation award, it shall not exceed the total amount paid for the accommodation booked not including the service fee.

Liabilities

‘HCPM’ maximum liability for losses you suffer as a result of us acting in breach of this agreement is strictly limited to the total rental fee you have paid for the booking and we shall not be responsible, nor be held in any way liable, for the following occurrences and no compensation shall be forthcoming from ‘HCPM’, and no deductions shall be permitted from the rental price, in the event of the following occurrences:

Closing of swimming pool or cessation of any other facilities, published or otherwise, by the community of owners or the particular owner of the rental property (although, in the event of such occurrence prior to the holiday period, the ‘CLIENT’ shall be notified and given the opportunity to either change accommodation and/or holiday dates, or cancel the booking)
Closing of swimming pool or cessation of any other facilities, published or otherwise, due to events of force majeure and/or other extraordinary events or circumstances including but not limited to war, natural disasters, pollution disasters, drought, other extraordinary weather conditions, epidemics, pandemics, quarantine measures, the closing of borders or geographical areas, food shortages and/or rationing, traffic conditions, the interruption of currency trading, strikes or lockouts, or cyberattacks.
Any water or electrical cuts, defects or breakdown of any equipment or appliances in the property (although, upon notification of the problem by the ‘CLIENT’, ‘HCPM’ shall endeavour to restore or replace such service or item within a reasonable time);
Existence of any insects, vermin or other animals within the boundaries of the ‘PROPERTY’ (although, upon notification by the ‘CLIENT’, ‘HCPM’ shall endeavour to eradicate such problem within a reasonable time).
Any noise or disturbance originating beyond the boundaries of the ‘PROPERTY’;
Any loss or damage to property belonging to the ‘CLIENT’ or guests of the ‘CLIENT’ howsoever caused.
Any injury to, illness, or death of the ‘CLIENT’, or guests of the ‘CLIENT’, howsoever caused.

Insurance

The ‘CLIENT’ must have an adequate and fully comprehensive travel insurance policy.

Lost Property

Items/possessions left in the PROPERTY by the ´CLIENT´ will be brought back to the ´HCPM´ head office, where they will be packed and labelled, contact will be made to notify the ´CLIENT´ of the items, if no response is received to arrange retrieval they will be stored for a three month period, when this period ends they will be disposed of or donated to charity. If retrieval of the item/possession is arranged, the ¨CLIENT´ is liable for any costs incurred and the funds should be received in advance.

Disputes

Any disputes arising from this Agreement shall be subject to Spanish Law and the jurisdiction of the courts of Malaga, Spain.

Acceptance of Terms and Conditions

The ‘CLIENT’ confirms that they have read and accepted the Terms and Conditions applicable to this Agreement.

COOKIE POLICY.

Our website, https://www.homecareontheweb.com (hereinafter: "the website") uses cookies and other related technologies (scripts). Cookies are also placed by third parties. In the document below we inform you about the use of cookies on our website.

WHAT ARE COOKIES?

A cookie is a small simple file that is sent along with pages of this website and stored by your browser on your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit.

WHAT ARE SCRIPTS?

A script is a piece of program code that is used to make our website function properly and interactively. This code is executed on our server or on your device.

Technical or functional cookies. Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website, for example when selecting your preferred booking dates. We may place these cookies without your consent.

Statistics cookies. We use statistics cookies to optimise the website experience for our users. With these statistics cookies we get insights in the usage of our website. We ask your permission to place statistics cookies.

Social media. On our website, we have included content from social media platforms to promote web pages or share on social networks. This content is embedded with code derived from providrs (Facebook) and places cookies. This content might store and process certain information for personalised advertising. Please read the privacy statements of these social networks to understand what they do with your personal data. The data that is retrieved is anonymised where possible. Facebook is located in the United States.

PLACED COOKIES

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GDPR (Compliance)

CONSENT

When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. When you click on 'Accept' or 'Save' you consent to us using the categories of cookies and plug-ins as described in this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.

For questions and/or comments about our Cookie Policy and this statement, please contact us:

HomeCareontheWeb SL
Edif. Comercial Urbanoria Bajo,
Calle de La Noria 1,
La Cala de Mijas,
Malaga 29649
Spain
Email: info@homecarepm.com
Phone number: (+34) 952 83 95 95

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This Privacy Policy governs the manner in which HomeCareontheWeb S.L. collects, uses, maintains and discloses information collected from Users of the https://www.homecareontheweb.com/ website (“Site”). This privacy policy applies to the Site and all services offered by HomeCareontheWeb S.L.

Personal identification information

We may collect personal identification information from Users in a variety of ways in connection with property rental services or resources we make available on our Site. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities and rental services.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance the User experience. The User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information & data. The User may choose to set their web browser to refuse cookies, or to alert when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Changes to this privacy policy

HomeCareontheWeb S.L. has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

March 2024

This disclaimer (“Disclaimer”) sets forth the general guidelines, disclosures, and terms of your use of the homecareontheweb.com website (“Website” or “Service”). This Disclaimer is a legally binding agreement between you (“User”, “you” or “your”) and HomeCareontheweb S.L: (trading as “HomeCare Property Management”, “we”, “us” or “our”). If you are entering into this Policy on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Policy, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy, you must not accept this Policy and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. You acknowledge that this Disclaimer is a contract between you and HomeCare Property Management, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Any views or opinions represented on the Website belong solely to the content creators and do not represent those of people, institutions or organizations that HomeCare Property Management or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

You may not modify, print or copy any part of the Website. Inclusion of any part of the Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website on another resource by embedding, framing or otherwise without the express permission of HomeCare Property Management is prohibited.

You may comment on the existing content on the Website. By uploading or otherwise making available any information to HomeCare Property Management, you grant HomeCare Property Management the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting content on the Website, you grant HomeCare Property Management the right to edit and, if necessary, remove any content at any time and for any reason.

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use Website and Services, and HomeCare Property Management is not responsible for the opinions or comments available on the Website, and does not necessarily share them. All opinions expressed are strictly the views of the reviewers.

Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are available for public viewing.

While we have made every attempt to ensure that the information contained on the Website is correct, HomeCare Property Management is not responsible for any errors or omissions. All information on the Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness, and without warranty of any kind, express or implied. In no event will HomeCare Property Management, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information contained on the Website are subject to change at any time and without warning.

We reserve the right to modify this Disclaimer or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Disclaimer will be effective immediately upon the posting of the revised Disclaimer unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Disclaimer (or such other act specified at that time) will constitute your consent to those changes.

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Website and Services.

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