TERMS AND CONDITIONS

We believe that clear and transparent agreements are important. Therefore, please read these terms and conditions carefully because in them we both find our rights and obligations.

Article 1 Definitions and terms

In these general terms and conditions, the following definitions shall apply:

• BONVIDA: BONVIDA HOMECARE SL, located in Avinyonet de Puigventós (Girona-Spain), registered with the Registro Mercantil Girona under sheet GI-53454, part 2891 folio 127 with CIF number B55149819.
• Renter: A natural person, who rents or wishes to rent an accommodation from BONVIDA's offer in his own name.
• Co-tenant: Natural person who rents and stays in an accommodation together with the tenant, it is listed in the reservation agreement.
• Accommodation Owner: The rightful owner or his representative of the accommodation offered for rental through BONVIDA.
• Manager: Natural or legal person who performs tasks of management of an accommodation on behalf of the accommodation owner.
• Third Parties: Any other natural or legal person, not being BONVIDA, tenant, co-tenant, accommodation owner, or manager.
• Reservation Request: A request addressed to BONVIDA to reserve an accommodation.
• Reservation Agreement: a reservation agreed by BONVIDA, on behalf of the accommodation owner, with the lessee.
• Reservation period: The day of commencement to the day of departure in an accommodation, as referred to in the reservation agreement.
• Rent: The rental price of an accommodation including service charges, cleaning, linen and reservation fees.
• Rent: The total amount payable for a rented accommodation, including cleaning, linen, reservation costs, and any additional services booked. The rental price is stated in the reservation agreement.

Article 2 Scope of general terms and conditions

1. These general conditions apply to the formation and execution of all reservation agreements concluded by BONVIDA, for the benefit of accommodation owner and tenant.
2. These terms and conditions do not apply to legal entities or natural persons acting in the exercise of a profession. The services offered by BONVIDA are made available exclusively for personal, non-commercial reservations.
3. Differing terms and conditions shall apply only if agreed in writing with BONVIDA.

Article 3 Nature of Agreement

1. The tenant who agrees a reservation agreement through BONVIDA enters into a contractually binding relationship with accommodation owner. The reservation agreement is at all times an agreement between accommodation owner and lessee, which BONVIDA is completely independent of.
2. From the moment a reservation request is made by tenant, BONVIDA will act solely as an intermediary between tenant and accommodation owner. BONVIDA will provide the details of the reservation made by tenant to accommodation owner and BONVIDA will send tenant a written confirmation of the reservation agreement, on behalf of accommodation owner, by email.
3. BONVIDA acts only as a representative of accommodation owner and is not liable for shortcomings on the part of accommodation owner. BONVIDA is only liable for direct damages suffered by the tenant as a result of a demonstrable shortcoming of BONVIDA in the mediation between accommodation owner and tenant.

Article 4 Booking accommodation

1. A reservation request can be made verbally or in writing and/or through the website.
2. The reservation request is confirmed by BONVIDA by means of a reservation agreement by email. This reservation agreement should be considered by the tenant as a rental agreement between the accommodation owner and the tenant.
3. If after the expiration of 3 days after having submitted a reservation request, Tenant has not received a reservation agreement, Tenant should immediately contact BONVIDA.
4. The reservation agreement contains all relevant details for the stay in the accommodation, as well as an indication of all foreseeable costs.
5. Upon receipt of the reservation agreement, Lessee is obliged to immediately check it for correctness and completeness of the data and, in case of any inaccuracies and incompleteness, to notify BONVIDA within 7 days of receipt of the reservation agreement. After expiration of the stipulated period, the Lessee cannot claim incompleteness or inaccuracy of the reservation agreement.
6. The reservation agreement is entered into only with natural persons with a minimum age of 21 years.
7. Reservation requests from groups of young people will be refused by BONVIDA.
   BONVIDA may refuse or withdraw a reservation request at any time without giving reasons.

Article 5 Availability and options

1. On BONVIDA's website, the availability of an accommodation is clearly indicated on the calendar indicated with the accommodation online.
2. BONVIDA may, but is not obliged to, hold an option for a specific period of time at the request of Tenant. An option can only be issued for a duration of 2 days. After the expiration of the option period, Tenant cannot claim the period held under option.

Article 6 Maximum number of persons

1. Only the maximum number of persons accepted by BONVIDA, on behalf of accommodation owner, and mentioned in the reservation agreement, may use the accommodation during the agreed reservation period. The Lessee is not allowed to stay overnight in the accommodation with more than the maximum number of persons or the (number of) persons indicated at the time of booking, to stay in tents or campers on the grounds of the accommodation or in the immediate vicinity, nor to use the facilities of the accommodation.
2. Exceeding the prohibition referred to in paragraph 1 may lead to withholding of the deposit or removal of tenant and co-tenant(s) from the accommodation, without BONVIDA and accommodation owner being liable for any compensation or refund.
3. Tenant may at any time apply to BONVIDA to include additional persons as co-tenants in the reservation agreement. BONVIDA, on behalf of the accommodation owner, is entitled to refuse the request without giving reasons.
4. All (temporary) guests must be reported to BONVIDA. BONVIDA and accommodation owner reserve the right to refuse the request for the addition of co-tenant(s) without specific justification. If BONVIDA accepts a request to stay with more than one person, the rental fee may be increased pro rata. Occupying the accommodation with fewer people than initially agreed upon when booking does not entitle the tenant to a reduction and refund of the rent.

Article 7 Accommodation address details

1. BONVIDA does not provide specific address details of the accommodation in advance. This is to protect the privacy of accommodation owner.
2. The specific address information does appear in the reservation agreement. The Google Maps listing on the website only shows the approximate location.

Article 8 Payments

1. The rental price includes all costs for the rental and mandatory services of the accommodation and any additional services booked. These costs are specified on the reservation agreement under rental rate, accommodation surcharge and any other additional services booked such as a camp bed and beach towels.
2. The deposit is not included in the rental price and is listed separately on the reservation agreement.
3. Within 7 days after receiving the reservation agreement, the tenant must pay approximately 35% of the rent. No later than 8 weeks before arrival the tenant must again pay approximately 35% of the rent. Upon arrival in Spain, on the arrival date, tenant must pay the remainder of the total rent, including deposit and other costs mentioned on the reservation agreement. Payment dates, exact amounts and required bank details are listed on the booking agreement.
4. For reservation agreements entered into within 8 weeks before arrival date, the tenant has to pay approximately 70% of the rent within 3 days after receiving the reservation agreement. This is followed by the payment procedure on arrival in Spain, as referred to in paragraph 2.
5. The payment procedure indicated in paragraph 2 can only be deviated from in writing in the reservation agreement, if a reservation agreement is entered into more than 12 months before arrival date or at the personal request of the renter and after agreement by BONVIDA.
6. BONVIDA reminds the renter that if the agreed payment terms are exceeded, BONVIDA reserves the right to cancel the reservation and hold the renter liable for the costs incurred. The tenant cannot invoke settlement of the price with any claim the tenant may have against BONVIDA.
7. Tenant can never suspend the payment obligation. After the payment term has expired, the lessee is in default. If the lessee makes payment within 3 days after the default has occurred, the default is hereby lifted. In the event of non-payment or late payment of the rent, all judicial procedural costs as well as extrajudicial costs resulting from the default shall be borne by the lessee.
8. BONVIDA may require security for payment both before and after formation of the reservation agreement, subject to suspension of performance of the reservation agreement until security is obtained.

Article 9 Prizes

1. The prices, rates discount and offers valid at any time are without obligation subject to interim changes, listed exclusively on BONVIDA's website. Obvious mistakes and typographical errors are not binding.
2. Rental prices include VAT and are listed including cleaning, linen and booking fees per accommodation in euros per week on the BONVIDA website. Rental prices do not include cancellation and travel insurance fees and any other costs.
3. Additional costs such as optional extra services, pets and any local government fees may vary per accommodation and are listed separately on the website and in the reservation agreement. These costs are separate from the rental price.

Article 10 Security deposit

1. Tenant is obliged to pay a deposit to BONVIDA for the benefit of the accommodation owner and the services offered by BONVIDA.
2. The amount of the deposit may vary from one accommodation to another and is stated in the reservation agreement.
3. Tenant must pay the deposit upon arrival in Spain and will not have access to the accommodation until the deposit has been paid. The deposit must always be paid by credit card. (debit or credit)
4. BONVIDA may retain part or all of the deposit in favor of the accommodation owner, if certain regulations or these general conditions are not complied with, the accommodation is damaged and goods are missing from the accommodation. Lessee is liable for the total damage and if the damage amount exceeds the retained deposit, he/she must reimburse the remaining amount.
5. BONVIDA may retain part or all of the deposit to compensate for expenses incurred by it and caused by tenant.
6. The deposit will be transferred to the tenant within 14 days after departure, provided that it has been left in conformity with the regulations after checking the accommodation. It is the tenant's duty to provide BONVIDA with his full address, and passport/identity card number no later than upon arrival in Spain at the time of key delivery. Failure to provide these details will result in the tenant losing the right to a refund of the deposit, which will go to BONVIDA. Any additional (transaction) costs will be borne by the tenant.
7. Deductions from the deposit as referred to in the following articles of these general terms and conditions shall at all times accrue to accommodation owner or BONVIDA.

Article 11 Reservation fees

1. A reservation fee applies per reservation, which is included in the "all in rent", and will not be charged extra and/or specified.

Article 12 Linen

1. In all accommodations rented through BONVIDA standard linen is provided. BONVIDA has put together a complete linen package for this purpose and ensures that the necessary beds are made upon arrival.
2. Linen is automatically added for each tenant, with the exception of small children and/or babies using a camp bed.
3. The cost of linen is included in the rental price and the linen includes:
   a. Bed linen, which consists of a bottom sheet, comforter cover and pillowcase.
   b. Bath linen, which consists of a large and small bath towel, guest towel and bath mat, as well as one roll of toilet paper. A beach towel is not provided as standard and can be booked separately.
   c.Kitchen linen, which consists of two tea towels and a kitchen towel.
4. Tenant can / may wash the linen himself, in the accommodation description it is mentioned whether or not there is a washing machine available. Tenant and co-tenant(s) must follow the washing instructions of the rented linen.

Article 13 Cleaning

1. BONVIDA will provide a clean accommodation upon arrival and will clean the accommodation after the rental period.
2. Tenant and co-tenant(s) must keep the accommodation clean at all times during the stay and on the day of departure leave the accommodation neat and clean in accordance with the regulations. Failure to comply with this obligation may result in the full deposit being withheld.
3. The cost of cleaning is included in the rental price.

Article 14 Additional services to be booked

1. Besides the standard service, BONVIDA offers tenant the possibility to book additional services offered. These extra services differ per accommodation. If applicable, they can be added in the accommodation booking process.
2. Tenant can book additional services, subject to availability, even after the reservation agreement has been concluded. Such request must be made in writing by email to BONVIDA, after which BONVIDA will indicate whether the desired services can still be provided.
3. BONVIDA charges an hourly rate of Eur. 45,-excluding VAT for its services.

Article 15 Cot and high chair

1. A camping, crib and/or high chair can be ordered on request. A cot always includes bed linen and is ready made upon arrival.

Article 16 Pets

1. Pets are allowed only if expressly stated on the BONVIDA website in the accommodation description and/or details and features. Tenant can indicate in the reservation request if they wish to bring one or more pets.
2. Additional charges will be made by BONVIDA for pet stays, which are listed on the BONVIDA website.
3. Pets are not allowed on beds, chairs, couches or in swimming pools. In case of violation of this or other visible pollution (including feces) and damage, BONVIDA may withhold the entire deposit. Tenant is liable for the entire damage and, if the cost of the damage suffered exceeds the deposit withheld, must reimburse the remaining amount.

Article 17 Gas, water, electricity

1. Costs for gas, water and electricity, except for heating costs (heating), are included in the rent.
2. If there is a heating system in the accommodation, the tenant is strictly prohibited from using the heating system without prior permission from BONVIDA. When granting permission to use the heating, prior arrangements will be made between the renter and BONVIDA regarding the costs and payment thereof.
3. Tenant must at all times use water, gas and electricity carefully and sparingly. Tenant is therefore not allowed to leave outdoor lights, pool lights, etc. on during the day.
4. If air conditioning is available, the renter may use it, but the renter must turn it off when leaving the accommodation. Failure to do so will result in part of the deposit being withheld.
5. In the presence of a gas-operated barbecue, Tenant should usually provide its own gas cylinders for this purpose.
6. It is prohibited to charge electric cars and other vehicles at the accommodation.
7. In case of force majeure in the event of failure of water, gas or electricity supply, BONVIDA and accommodation owner are never liable for damages suffered by tenant and co-tenants. Force majeure also exists if the Spanish authorities or utility suppliers decide to temporarily disconnect or reduce distribution for various reasons.
8. Should there be a breakdown referred to in paragraph 6, Tenant may request BONVIDA or manager to inquire with competent authorities in order to find out the expected duration of the breakdown.

Article 18 WiFi / Internet Connection

1. An accommodation is only equipped with WiFi or Internet connection if this is explicitly mentioned on the BONVIDA website in the description or facilities. If WiFi or Internet connection is provided, the cost of this is included in the rental price.
2. BONVIDA and accommodation owner are never liable for the quality or failures of WiFi or Internet connection.

Article 19 Television

1. In the accommodation there is television only if it is expressly stated on the BONVIDA website in the description and/or facilities.
2. Reception of international channels cannot be guaranteed. The television present may have streaming features that allow viewing through proprietary accounts (apps) via a phone or tablet directly on the television screen.

Article 20 Parking

1. BONVIDA states on its website at the description and/or facilities which parking facilities are available. Parking is in all cases at your own risk, this also applies to parking on private property. BONVIDA and the accommodation owner can never be held liable for damages resulting from parking.

Article 21 Maintenance & use of pool, garden and accommodation

1. Tenant and co-tenant(s) are at all times responsible for the use of the pool and should also be very careful with this and should take any safety measures themselves, especially if the pool is used by (small) children.
2. It is strictly prohibited for tenant and co-tenant(s) to operate machinery of the pool, or refill the pool themselves, this also applies to sprinkler systems in the garden.
3. The pool and garden of the accommodation are maintained once or twice a week by permanent staff. The tenant is not obliged to be present, but is obliged to give access to the employees to enter and maintain the accommodation. It is not possible to make an appointment for pool and garden maintenance on a fixed day and/or time.
4. BONVIDA and accommodation owner are entitled at any time during tenant's stay to have other persons perform maintenance on the accommodation.

Article 22 Website

1. All entries on the BONVIDA website are always subject to interim changes. BONVIDA bears no responsibility for general information on the website and information contained therein that have been prepared under the responsibility of third parties.

Article 23 Cancellation

1. Tenant may request BONVIDA in writing or by e-mail to cancel the reservation agreement. Upon receipt of the cancellation request, BONVIDA will confirm the cancellation to Lessee, after which the cancellation is final and the accommodation will be released for rental.
2. The cancellation of the reservation agreement is subject to charges. Lessee is obliged after canceling the reservation agreement to pay the reservation costs as well as:
   a. In case of cancellation up to 8 weeks before the start of the reserved period the first down payment of approx. 35%.
   b. In case of cancellation within 8 weeks before the start of the reserved period the full agreed rent.
3. Cancellation by tenant is also the responsibility of co-tenant(s).
4. BONVIDA can cancel the reservation agreement in case of change of circumstances and offer an alternative as compensation. BONVIDA is not obliged to do so, if the cause of the change of circumstances is attributable to tenant or co-tenant(s).

Article 24 Substitution, substitution, amendment

1. If the tenant or the co-tenant(s) is/are unable to attend, BONVIDA can provide a substitute who will stay in the accommodation instead of the tenant or the co-tenant(s). Substitution is only possible if the reservation agreement has not been cancelled. After approval of the substitution by BONVIDA, EUR. 195,- excluding VAT will be charged on top of the principal amount.

Article 25 Termination of the reservation agreement.

1. BONVIDA is entitled to terminate and dissolve the reservation agreement with immediate effect if:
   a Tenant after notice of default , fails to fulfill any serious obligation arising from the reservation agreement and/or these general terms and conditions;
   b. Tenant, after being summoned to do so, does not behave as a good tenant, in particular despite warnings from BONVIDA, accommodation owner and/or manager, causes serious nuisance to his accommodation environment.
2. If paragraph 1 is complied with, the renter is not entitled to a refund of all or part of the rent and BONVIDA is entitled to withhold the entire deposit for the benefit of accommodation owner and/or BONVIDA.

Article 26 Insurance

1. BONVIDA advises the renter to take out cancellation insurance with a domestic insurance company. This also applies to last minute bookings.
2. It is not possible to purchase travel and or cancellation insurance through BONVIDA.
3. Tenant must take care of third-party insurance and travel insurance valid abroad.

Article 27 Arrival and departure

1. BONVIDA uses a fixed arrival and departure day per accommodation, namely Saturday or Sunday. On the BONVIDA website, the calendar of the respective accommodation clearly indicates which day this is.
2. The minimum rental period is 7 nights, except for accommodations for which a different period is explicitly indicated on the BONVIDA website.
3. BONVIDA uses fixed arrival times, namely between 16.00 and 20.00. The tenant must inform BONVIDA at least 2 hours before arrival of an expected arrival time, which lies within the used arrival times, so that a time can be agreed for handing over the keys at the rented accommodation. Key delivery always takes place at the rented accommodation, the address details are listed on the reservation agreement.
4. Before entering the accommodation, the tenant is obliged to pay the agreed deposit. In addition, the tenant is obliged to provide a copy of his passport or identity card to BONVIDA, no later than the time of handing over the keys.Failure to pay the deposit will not result in the keys being handed over, and failure to provide the data will not entitle the tenant to a refund of the rent and deposit.
5. Tenant must timely notify BONVIDA by telephone of any delay. If Lessee fails to notify BONVIDA, the accommodation will be cancelled after 24 hours and the provisions of Article 23 of these General Conditions shall apply accordingly.
6. BONVIDA will charge additional fees for arrivals outside the applicable arrival times or arrivals on other than the original arrival days. These charges must be paid directly to BONVIDA upon arrival.
7. BONVIDA uses fixed departure times, namely between 08.00 and 10.00 hours. The tenant can never leave the accommodation after the latest departure time of 10.00 a.m. Departure before 08.00 a.m. is always in consultation with BONVIDA and is possible in some cases. Return of the keys of the accommodation takes place within the departure times, unless otherwise agreed with BONVIDA.
8. BONVIDA may retain the entire deposit if Tenant fails to leave the accommodation within the applicable departure times, whether or not without notice. Tenant is liable for the whole of the damages, resulting from the failure to leave the accommodation on time.
9. Tenant must pay the entire rental fee at all times, regardless of no-show, late arrival or early departure.
10. If the keys are lost, BONVIDA will replace the locks of the accommodation at the tenant's expense. These costs will be deducted from the deposit without prejudice to the right to full compensation for damages.

Article 28 Tenant's rights and duties at the accommodation site

1. Tenant and co-tenant(s) must conduct themselves as good tenants and use the accommodation and all that belongs to it in accordance with these general terms and conditions and the verbal instructions for use given by BONVIDA, accommodation owner and manager, and if present also in accordance with any house regulations or house rules.
2. Any kind of damage must be reported immediately by tenant to BONVIDA or manager. Costs for repair or replacement shall be borne by the tenant and must be reimbursed to BONVIDA or manager immediately upon knowledge of the costs. If the cost specification after tenant's departure and after the deposit has been transferred to tenant's account becomes known and is higher than already reimbursed, as soon as tenant receives the cost specification, tenant must reimburse BONVIDA for these costs by bank transfer.
3. Upon departure, the tenant shall leave the accommodation in a proper condition. This means: broom clean, do not leave dirty and clean dishes, garbage should be left in the general containers provided, the used sheets should be removed from the beds by tenant and the items present in the accommodation should be put back in their original place (as on arrival).
4. BONVIDA or administrator will conduct a final inspection. This may be at the time of departure, or thereafter. If BONVIDA and/or Administrator finds that the accommodation has not been left in accordance with the above-mentioned items (or items mentioned in the house rules present), BONVIDA will inform the renter and BONVIDA is entitled to withhold the full deposit. If the damage amount exceeds the deposit, the tenant will remain liable for the remaining amount.
5. Tenant must vacate the accommodation no later than the time specified in the reservation agreement. In case of departure at a later time than indicated in the reservation agreement, additional costs will be charged, without the tenant being entitled to stay in the accommodation. BONVIDA is never liable for the causes and consequences of a departure after the indicated time.
6. BONVIDA, accommodation owner and manager are entitled to enter the accommodation at any time if they see reason to do so.

Article 29 Liability of tenant

1. Tenant and co-tenant(s) are fully responsible and legally liable during the stay for damage to the accommodation, its furnishings, the consequences of burglary, loss or damage to personal property and other damages in any form related to the reservation agreement.
2. BONVIDA, accommodation owner and manager are never liable for damage and consequential loss, in any form whatsoever, incurred by tenant, co-tenants and third parties in and around the accommodation and all that belongs to it, including pool and garden.
3. BONVIDA is entitled to hold tenant liable on behalf of the accommodation owner for all damages suffered and to be suffered, all costs in this regard shall be borne by tenant.

Article 30 Construction activities, noise and environmental problems

1. It may occasionally happen that construction work unexpectedly takes place in the immediate vicinity of the accommodation, causing (temporary) noise or other types of nuisance, including environmental nuisance. The same applies to all other types of noise nuisance from neighbors, church bells, pets, agricultural machinery, etc. BONVIDA, accommodation owner and manager are never liable for any damage suffered by the tenant and/or co-tenant(s) as a result of any form of noise nuisance, environmental nuisance or any other form of nuisance.

Article 31 Force Majeure

1. In case of force majeure - temporary or otherwise - BONVIDA, on behalf of accommodation owner, is entitled to cancel or temporarily suspend all or part of the reservation without the tenant being able to claim fulfillment and/or compensation. BONVIDA and accommodation owner are only obliged in case of force majeure to refund the costs paid by the lessee. In order to continue to guarantee quality, BONVIDA reserves the right to replace the accommodation and/or period with a similar other accommodation and/or period.

Article 32 Comments and complaints

1. Each accommodation has been carefully selected and inspected by BONVIDA. BONVIDA guarantees the accuracy of the description of the accommodation, on the understanding that a 30% deviation from the stated living area and distances is considered acceptable. The description and impressions of the accommodation and its immediate surroundings, including amenities, furnishings, facilities and recreational opportunities, may, by their nature or due to interim changes or seasonal influences, differ slightly from the description and photos on the BONVIDA website.
2. Upon arrival at the destination, the renter is obliged to report any fault or imperfection to BONVIDA immediately, but at the latest within 24 hours, by telephone. BONVIDA will do its utmost to solve this problem immediately or as soon as possible.
3. The renter is obliged to immediately report to BONVIDA any complaint and/or problem arising after arrival or during the stay in the accommodation, but at the latest within 24 hours. BONVIDA will always try to solve the problem as soon as possible on the spot.
4. Tenant shall submit its complaint to BONVIDA. BONVIDA must always deal with the complaint adequately and expeditiously according to the standards of reasonableness and fairness. Tenant shall at all times give BONVIDA the opportunity to achieve an appropriate solution to the complaint during the stay.
5. The items mentioned in paragraphs 1 through 4 do not entitle the tenant or co-tenant(s) to compensation and refunds.

Article 33 Competent court

1. In addition to these general conditions, the legal relationship between accommodation owner, BONVIDA, tenant and co-tenant(s) shall be governed by Spanish law and jurisdiction shall lie with the court of the place of the rented property.

Article 34 Personal data & protection of personal data

1. This is in accordance with the privacy policy, which can be viewed on BONVIDA's website.

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Last update, October 2022