Terms and Conditions
General Conditions Applicable To The Rental
SWISH PROPERTIES S.L., a Spanish company with Fiscal Identity Code [CIF] B-01801794 and with a registered address at Las Torres de Marbella Club, Local 2, Bulevar Principe Alfonso de Hohenlohe, Marbella, 29602, Malaga, (the LANDLORD), and the Client signing these General and Specific Conditions (the TENANT), with the representation held by them, do hereby acknowledge that they have the necessary legal capacity to sign this contract governed by the Specific and General Conditions thereon, and to which effect it is hereby agreed:
1. The property described under the Specific Conditions and subject of this rental shall be used as the TENANT’s temporary and/or holiday residence, solely and exclusively for holiday/ recreational/touristic purposes. The TENANT may in no way change the aforesaid use without the prior written consent of the LANDLORD. Any failure to comply with this precept shall be sufficient reason to terminate this contract. The property shall in no instance be used by the TENANT as the TENANT’s permanent abode. The TENANT therefore acknowledges and accepts that it shall not be used as a residential property in accordance with Article 3 of the Urban Rentals Law [Ley de Arrendamientos Urbanos]. For the purposes of the latter, the TENANT hereby declares that by signing these presents their habitual and permanent residence is located at the address indicated for the purposes hereof under the Specific Conditions hereto.
2. The TENANT receives the property in a perfect state of maintenance and working order and undertakes to return it in the same condition at the end of this contractual relationship. Furthermore, they receive the property fully furnished and equipped as a holiday home. The inventory of the furnishings, belongings and contents of the house, including the electrical appliances, is attached hereto as Appendix I. The TENANT hereby undertakes to comply with the cooperative measures on energy efficiency for the property, by turning off all the installations on leaving the property for longer than 30 minutes, particularly the air-conditioning, in respect of which the optimum recommended temperature is 23 ºC. Any failure to observe such measures and excessive power usage may give rise to an additional €100.00 charge per day’s stay for energy usage, which the TENANT hereby accepts.
3. The duration of the Contract is established under the Specific Conditions. The TENANT should vacate the rented property at 11.00 a.m., on the morning of the day fixed under the Specific Conditions, without the need for any prior notice thereof, placing the property at the complete disposal of the LANDLORD, together with the keys and all the accessories and furnishings, on which a signed record shall be drawn up concerning the correct delivery of the property or any existing defects therein, all of which shall be with regard to any potential liability that the TENANT may have incurred.
4. The TENANT shall pay the LANDLORD the monies established under the Specific Conditions in respect of the rent for the entire duration of the holiday let. The method of payment agreed by the parties is similarly established under the Specific Conditions hereto. Where within the period established herein, the rental agreed has not been paid, irrespective of the reason, within the period established under the Specific Conditions hereto, this rental contract shall be automatically terminated, whereupon the LANDLORD shall be completely at liberty to let the Property again. Furthermore, the LANDLORD shall be entitled not to return any payments already made by the TENANT, as compensation agreed in respect of any damages and losses sustained.
5. In accordance with the Specific Conditions hereto, the TENANT shall pay a sum of money that shall act as a deposit guaranteeing the proper use and maintenance of the property. The TENANT hereby receives the Property, together with its keys and items therein, to their complete satisfaction and in perfect condition for its intended use, thus undertaking to return the rented property and its furnishings, items, and accessories in perfect condition on completion of the rental. On arrival, the TENANT shall proceed to carry out a thorough and detailed inspection of the Property and its accessories and shall notify the LANDLORD within a period of one hour of any defect they may observe. Where, in the event of observing any defects, the value of the deposit is inadequate, the TENANT undertakes to pay the LANDLORD the value that any damages or debts observed may amount to, wherefore any repairs that have to be carried out, particularly with regard to any damages caused by any person or persons under their charge in the Property shall in all instance be paid for at their expense. The TENANT hereby specifically undertakes to immediately report to the LANDLORD any accident or breakdown affecting the rented property, failing which the TENANT shall be liable for any losses that might be incurred by the rented property. The TENANT shall be obliged to facilitate access for any staff appointed by the LANDLORD to check the state of maintenance of the property or in order to carry out any necessary repairs, whilst at all times respecting the TENANT’s privacy and at a previously agreed time. The balance of the cash deposit shall be returned to the TENANT at the end of the rental, once the good state of maintenance of the property, and subject of the rental, has been confirmed, less, where appropriate, any monies required to repair any damages that might have been caused.
6. In express renunciation of the provisions of Article 1550 C.C., the TENANT hereby undertakes not to sublet either all or part of the property. Subletting, assigning, or transferring this contract is in all instances prohibited. A failure to comply with this condition shall be sufficient cause to automatically terminate this contract.
7. The TENANT shall be specifically prohibited from carrying out any kind of building works, including any required to merely maintain the property, whether affecting the layout of the installations or equipment, or any small changes to the property or the building it is in. The TENANT is specifically forbidden from making any holes or perforations in the walls of the property, including painting graffiti on and/or making any significant marks on either the walls of the house or its furnishings. Any monies required to restore such items to their original condition shall be deducted from the deposit.
8. Any community fees, local real estate tax [IBI], refuse collection rates or services used that the rented property is supplied with, that are charged out separately by the use of metering devices shall be paid for by the LANDLORD and are considered included in the price of the rental established under the Specific Conditions, save with regard to any irresponsible excessive use and in which case the penalty established herein shall be applied.
9. The TENANT shall deliver the keys to the property on the date on which this contract ends, at 11.00 a.m., on the day established under the Specific Conditions. As a penalty clause, where the keys are returned later, the TENANT undertakes to pay the LANDLORD the daily rate plus 30’% for each day or fraction of a day’s delay in placing the keys to the property at the disposal of the landlord. Furthermore, and also as a penalty clause, they shall also pay any other expenses arising either directly or indirectly from a delay in vacating and recovering the property, including relocating any clients that may have reserved the unit and who have not been able to take up residence for this reason. This penalty may be directly deducted from the deposit made and if inadequate, shall be pursued legally.
10. The TENANT shall, throughout the entire duration of the contract, comply with the rules of the Community of Owners in which the Property is located, particularly those concerning good neighbourly relations. The presence of any kind of animal in the house or in the communal areas is specifically forbidden. The TENANT undertakes to use the development’s communal services and those within the property and subject of this contract with due care and in accordance with any instructions that the Community of Owners may establish. The TENANT undertakes to uphold and oblige any fellow occupants to uphold the rules of good neighbourly behaviour and the local police and should refrain from causing a nuisance to residents or turning on any devices that play music or make noise that prevents residents from resting. Furthermore, the TENANT is forbidden from carrying out any activity that might be considered disturbing, unhealthy, dangerous, offensive, or illegal. Similarly, they are also forbidden from installing other furnishings in the house, removing the existing ones, or introducing any animals of any kind into the houses. Additionally, the TENANT specifically declares that no parties or crowded or noisy celebrations will be held at the house, which might cause a nuisance to the fellow residents or cause damages and/or defects to the Property. The TENANT shall find in the Property a complete copy of the Bylaws and the Internal Rules and Regulations of the Community of Owners within which the Property is located, that the TENANT hereby undertakes to abide by and fulfill.
11. A failure by any of the parties to comply with the obligations arising under this contract, whether of its Specific and/or General Conditions, shall entitle the party that has complied with theirs to demand the fulfillment of the obligation or to proceed to terminate the contract in accordance with the provisions of Article 1,124 of the Spanish Civil Code. Furthermore, the LANDLORD shall be fully entitled to terminate the contract on the following grounds established under Article 1,569 of the Spanish Civil Code: 1. Upon the normal expiry of the contract or as provided for concerning the duration of rentals under Articles 1,577 and 1,581; 2. A failure to pay the agreed price; 3. A breach of any of the conditions stipulated in the contract, and 4. Using the rented accommodation for purposes or services not otherwise agreed in contempt, or in breach, of the provisions of Section 2 of Article 1,555.
12. For the purposes of any notifications arising from this contractual relationship, the Parties hereby appoint the addresses that appear for each of them under the Specific and/or General Conditions herein, to which effect either party should notify the other of any changes that may occur.
13. The application of Law Ley 29/1994 on Urban Rentals is specifically excluded from this rental relationship, as disposed under Section “e”, Article 5 of the aforesaid Law. This contract shall therefore be governed by the rules contained herein and, insofar as concerns anything not otherwise agreed by the Parties, by the rules in the Spanish Civil Code.
14. The Parties hereby submit themselves specifically to the Courts and Tribunals of Marbella, for the purposes of any legal disputes that might arise from the same.