Vacation Rentals in Marbella

Rental Terms and Conditions

BOOKING

BOOKING PROCESS:
Upon agreement with Sunstars Rental and Property Management S.L. (Sunstars) of booking the client will receive a reservation agreement with instructions for payment and key handover. Accordingly, the property will be blocked for your reservation for a period of 3 working days in order for the reservation deposit to be transferred. With the receipt of the reservation deposit the booking will be finalised and confirmed to you. If the reservation deposit is not received within 3 days the booking will be canceled. All holiday homes are rented out on a ‘first come first serve’ basis.

TENANT DETAILS:
Tenant must provide full name, passport number, date of birth, and passport number for all tenants. Any guests that have not been indicted prior to arrival shall not have the right to access the property.

ARRIVAL AND DEPARTURE

KEYS:
In some properties, the keys are handed over at the property itself. In others, the key needs to be picked up at the Sunstars office. Please consult your reservation agreement for details.

LETTING PERIOD:
The rental agreement indicates the rental period from ‘Arrival date’ to the ‘Departure date’.

CHECK-IN / CHECK OUT: The check-in and check-out times are indicated on the rental agreement. For late check-ins or early checkouts, additional fees will apply. If the client would like a late check out please consult Sunstars for possibilities and costs. The client must always be departed or ready by check-out time. If this is not the case this may result in penalties to be deducted from the security deposit.

DEPARTURE REQUIREMENTS:
Before departure, guests are responsible for leaving the property in good order for the next guests. Guest shall leave all doors and windows locked and make sure the equipment and the lights are switched off upon checkout.

TRASH REMOVAL:
Guests are responsible to place SEALED, BAGGED trash in containers provided by the community. Trash must be sealed and bagged in plastic trash bags and left in designated areas in supplied containers. Trash not sealed and placed in plastic bags or in designated areas will result in charges to guests.

FINAL CLEANING:
A final cleaning cost will be charged as an extra cost, these costs vary for each property and are calculated according to size and amount of beds. The final cleaning cost is not negotiable. The tenant is obliged to leave the property tidy and in good condition. The final cleaning does not include removing garbage from or around the holiday home, washing dishes, or doing other extra work after the tenant has departed. Should extra work/ cleaning be required in the opinion of Sunstars a minimum charge of €50+IVA will apply. After the tenant has departed an inspection of the property will be done by Sunstars. If the property has been found to be damaged and not reported by the tenant, Sunstars has the right to charge the tenant for such damage up to two weeks after their departure.

HOLIDAY HOME

HOLIDAY HOME SIZE:
The size of the holiday home is provided by the homeowner and is based on external dimensions. Sunstars cannot be held liable for any possible errors.

OCCUPANCY LIMITS:
Strict adherence to the maximum occupancy as stated in the confirmation is to be observed. Maximum occupancy is defined as the maximum number of persons (including ALL ages) to be at or on the property at any given time. We prefer family groups and qualified adults. Groups who misrepresent themselves or exceed occupancy will be grounds for immediate removal from property with no refund. Children under 2 do not count toward maximum occupancy.

CAMPERS/MOTOR HOMES/TENTS:
Campers, motor homes, or the use of tents on a rental property is prohibited.

PETS:
Pets are not allowed unless agreed in writing beforehand. Parties found in the villa or apartment with pets without approval will be asked to leave immediately without refund and be charged a €500+IVA fine.

PRIVATE & COMMUNITY SWIMMING POOL USE:
If the holiday home includes a swimming pool, the tenant is responsible for the use of the swimming pool. Children should not remain in the pool area without adult supervision. In the case of communal swimming pools, the opening hours and guidelines need to be respected. It is not allowed to enter the pool outside the opening hours. In some urbanization, pools are closed during the offseason. Sunstars are not responsible if the pool is closed or if other maintenance work is being carried out during the duration of your stay. Sunstars can’t guarantee certain temperatures in the swimming pool. If the urbanization has a heated pool and that is out of order or does not have as hot temperature as wished Sunstars do not take responsibility. If guests have paid extra for the heated pool and the pool is not as hot as expected Sunstars will not compensate for that. Sunstars may compensate for the extra cost if the technique to heat the pool is totally out of order. Sunstars can’t guarantee a certain temperature in heated pools as they all have individual capacity. Only plastic glasses, cutlery, or plates should be used around the pool to avoid that glass coming into the pool that might cause injuries to our guests. Please note that the pool will need to be emptied when glass parts fall into the water. Guests that have caused this will be charged any associated costs. Sunstars is not liable for any accidents that may occur through the usage of swimming pools. Some urbanization pools are closed during the offseason.

NO SMOKING:
Smoking is not allowed on the property. If smoking outside, be aware of fire danger! Do not smoke directly in front of open windows or allow smoke to blow inside. Please use an ashtray and properly dispose of all cigarette butts from the property upon departure. Parties found smoking in the villa will be asked to leave immediately without a refund and be charged a € 500 + IVA fine.

QUIET HOURS:
For guests’ enjoyment and the enjoyment of others, please respect quiet times between 10 PM and 8 AM.

HOUSE PARTIES/LARGE GATHERINGS:
House parties and large gatherings exceeding maximum occupancy are prohibited and may result in guests’ immediate removal. *Please request upfront information for weddings, parties, or large events.

SUBLETTING PROHIBITED:
Guest acknowledges that the rental property may not be sublet. Subleasing shall immediately void any rental agreement with no refund due to the guest.

MECHANICAL & APPLIANCE FAILURE:
The owner will use its best efforts to have mechanical (water, septic, electrical, and plumbing) and appliance failures corrected as soon as possible, but cannot control the scheduling of outside service contractors. NO REFUNDS will be made for an appliance or mechanical failures or breakdowns. The owner or the Contact Person shall have the right to arrange, inspect and make repairs during the rental period. The tenant will be charged for unnecessary maintenance and service calls or repairs caused by abuse beyond normal wear and tear. NO refunds will be made for the malfunction of appliances or other equipment.

ERRORS & OMISSIONS:
Sunstars has taken a great effort to ensure the information on the booking sites is accurate. Owner and agency cannot be held responsible for errors, omissions, or changes in furnishings as this depends on the owners’ taste.

DAMAGE:
The tenant is obliged to treat the property with caution and respect and leave the accommodation in good condition after departure. The tenant is responsible for any damage, except wear and tear, to the property and/or its furnishings, which occurs during the rental period, and is caused by the tenant or others, who have been given access to the rented property. In case any damage occurs during the rental period please inform Sunstars instantly. Claims for damages found to have occurred during the rental stay will be deducted from clients’ security deposit. In case the cost of the damage exceeds the security deposit the tenant will be responsible to pay the additional amount within a period of 14 days. The tenant should inform Sunstars within 24 hours after check-in in the event of damage or non-functioning items. If this is not done Sunstars will assume any damage that is found after check out is caused by the tenant.

AGENCY DISCLOSURE:
Your Contact Person represents the property owner(s) and will make every effort to assist guest(s). The management of the property is the sole responsibility of the Owner(s).

VIOLATION OF TERMS OR CONDITIONS OF OCCUPANCY:
When Guest(s) violate(s) any of the terms of occupancy, property rules, community rules, or regulations, the guest(s) may be asked to vacate the property and NO refund will be due to guest(s).

INDEMNITY & LIABILITY:
The Guest is responsible for their own travel/health insurance. Neither the Owner nor Sunstars shall be held responsible in any way for accidental injury, death, or damage/loss to personal effects of the Guest. If, due to circumstances beyond the Owner’s control, such as flood, fire, hurricane, or other damage, the Owner is unable to honor this agreement, the Damage Deposit, and advanced payments shall be fully refunded provided said damage was not the fault of the Guest. The Guest is responsible for all damages that happen to the property during the time of the lease excluding wear and tear or natural disasters, and including those which exceed the deposit amount.

PAYMENT

PAYMENT OF RENTAL FEE IN ADVANCE:
All prices on the Sunstars website are in Euros. Upon booking a fee of 50% of the rental total is to be paid and received by Sunstars in order to confirm the booking. The remaining 50% of the rental sum as well as the security deposit and a final cleaning fee are to be paid no later than 4 weeks before arrival. This is the responsibility of the tenant and no reminder will be sent for this. If the tenant fails to comply with the payment terms this will be considered a breach of contract. In such an event Sunstars is entitled without notice to terminate the reservation with no refund. In case the tenant rents the property less than 4 weeks ahead of arrival the full payment needs to be made at once.

METHOD OF PAYMENT:
Payment is to be done by bank transfer or credit card. For every booking, there is a €25 administration fee. No keys can in any event be handed to the tenant in case the full balance (rent, security deposit, cleaning) has been paid to ‘Sunstars’.

SECURITY/DAMAGE DEPOSIT (REFUNDABLE):
The Security/Damage deposit is to ensure compliance with the Terms of Occupancy. The Security/Damage deposit is held until the determination of the condition and content of the rental property upon check-out. Security/Damage deposits will be sent back to the Guest within 7 days after departure by bank transfer. Guest will pay any extra transfer cost that might appear from the bank. Charges are assessed to cover damage, extra cleaning, and unnecessary service calls. Please report any problems or damages observed in the rental property upon check-in. Unreported problems and /or damages are assumed to have occurred during occupancy and guest can be held responsible for those damages. Examples of costs that are more than normal tear and wear.

All prices are ex IVA.

  • Wine stains on carpets, sofa or floor from €150
  • Stains and smells in mattresses from €100
  • Missing bedlinen €25 per set
  • Missing towels €10 each
  • Missing cover/ pillows from €20
  • Missing key /s €50 ( per key)
  • Missing porcelain/glasses/plates €5 apiece
  • Smoking indoor € 500 ( Done by Air Ozone generator )

Forbidden to use drugs such as laughing gas inside or outside the property. If bottles of nitrous oxide are to be found on the property, Sunstars will charge € 50 for each bottle that maintenance has to remove.

CANCELLATIONS

CANCELLATION – Money-Back guaranteed
There is a money-back guarantee in cases where the tenant’s stay in the rented house has been made impossible or significantly impaired: If before the tenant takes up the lease a death occurs in the immediate family, e.g. spouse or children. “Condition for cancellation with a money-back guarantee: Sunstars collaborating agents
receive proof of an event warranting the cancellation, i.e. a medical certificate, a death certificate, or police report within three days (72 hours) of the event. Fees for the issue of any certificates must be paid by the tenant.” The above cancellation events in “ “ are covered from booking time until moving into the apartment. There is no coverage after the lease commencement or upon early departure due to the above conditions. If the conditions outlined in “ “ are met and a refund is warranted Sunstars will refund the full amount less 20%, but a minimum of €100 will apply. For other costs that may arise in connection with an event as in “ “ the tenant is advised to contact his insurance company regarding any insurance. If the homeowner has no access to his property due to insolvency, outstanding charges, etc., Sunstars, will offer an alternative holiday home for rent, if available. If the price level of the alternative holiday home is less expensive the difference in price will be refunded. Money-Back guarantee cannot be invoked in cases of force majeure.

For Sunstars Money-Back guarantees, the following applies:

Cash refund may be considered for the following:

  • where the holiday home is not operational
  • where the use of the holiday home is significantly reduced
  • where the heating system in the holiday home is out of service
  • Where an indoor pool is inoperable due to a heating failure.

Condition to be met for the Money-Back guarantee to apply:
It is incumbent upon the tenant to inform Sunstars immediately after experiencing a dysfunctioning issue in the holiday home. Sunstars must be given a 24 hour time to repair the damage after the tenant has complained. This concerns only matters of that kind that cannot be attributed to the tenant.

A cash refund may be payable from the day a valid claim is received by Sunstars until the rest of the rental period. Where the Money-Back guarantee comes into force the tenant may choose: To vacate the holiday home and get a proportionate share of the rent repaid equally to the remaining days of the lease or Request that a replacement property is made available.

If the replacement property made available is cheaper, the rental price difference will be refunded; the refund will be based on the remaining portion of the lease. Where the Money-Back guarantee comes into force, the tenant will not pay for the cleaning of the original property. Money-Back cannot be invoked in cases of force majeure.

CANCELLATION & CHANGES

A cancellation will only be valid if made in writing or sent by email and is only valid from the date of receipt by Sunstars. No verbal cancellation of any kind will be accepted.

BOOKING CANCELLATION BY THE CLIENT
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect on the day we receive the request.

You will be liable to pay the cancellation or amendment charges shown below.

  • More than 30 days before arrival date = 100% of the booking price -15€
    administration fee
  • 29 – 14 days before arrival date = 50% of the booking price.
  • Less than 13 days before arrival = 100% of the booking price.

There will be no refunds if the client voluntarily decides to stop using the services included in the holiday before the end of his/her stay.

OTHER

COMPLAINTS:
In case the tenant encounters damaged or non-functioning items a representative of Sunstars should be informed immediately. Sunstars will respond swiftly and rectify any complaints as quickly as possible. In the event the damage cannot be solved Sunstars reserves the right, following a legitimate complaint to move the tenant to another property of equal price and quality. Many properties have various technical installations such as a washing machine, dishwasher, microwave, video, television, freezer, tumble dryer, sauna, swimming pool, Jacuzzi, etc. As these items are provided free of charge and subject to wear and tear, the tenant cannot make claims for unforeseen disruptions, damage, and failure. This is also applicable in regards to a property’s sanitary installations and plumbing. In the event of any problems with regard to the above, the tenant should inform Sunstars appropriate action can be arranged by the owner as soon as possible.

UNUSUAL EVENTS
If as a result of any of the following circumstances/force majeure (eg. war, natural and pollution disasters, epidemics, border closures, traffic, foreign exchange regulations, strikes, lockouts, and other force majeure), which could not be foreseen by the rental agreement, Sunstars and the property owner are entitled to cancel the HOLIDAY LETTING AGREEMENT, since neither house owner nor Sunstars can be responsible for these events. The tenant is as a result of force majeure not entitled to recover all costs incurred. Sunstars will not be held responsible should any damage be caused to the holiday home by insects. If in the event of theft or damage to the tenant’s private property Sunstars similarly cannot be held responsible.

ROLE AS A FACILITATOR:
Sunstars is not the owner of the rented properties, but only lets the properties on behalf of the owners and represents the owner’s interests for the rental period. If a rental cannot be completed due to reasons outside of the control of Sunstars, Sunstars is entitled to cancel the lease and refund any money already paid. If suitable Sunstars may in such an event offer an alternative property to the tenant in the same area and at the same price. The tenant may then choose to accept or not accept this alternative.

LAW:
Spanish law is applicable and the law of the jurisdiction in which the holiday home is located.